summaryrefslogtreecommitdiff
path: root/old
diff options
context:
space:
mode:
authorRoger Frank <rfrank@pglaf.org>2025-10-15 04:40:40 -0700
committerRoger Frank <rfrank@pglaf.org>2025-10-15 04:40:40 -0700
commit34753de217af9b2c80ab933bb9aaf3533ab23ee8 (patch)
tree8dbb51e2783b23e3b3d9367da9f4bfc43369e6b9 /old
initial commit of ebook 12755HEADmain
Diffstat (limited to 'old')
-rw-r--r--old/12755-8.txt27114
-rw-r--r--old/12755-8.zipbin0 -> 395020 bytes
-rw-r--r--old/12755-h.zipbin0 -> 406868 bytes
-rw-r--r--old/12755-h/12755-h.htm30424
-rw-r--r--old/12755.txt27114
-rw-r--r--old/12755.zipbin0 -> 394982 bytes
6 files changed, 84652 insertions, 0 deletions
diff --git a/old/12755-8.txt b/old/12755-8.txt
new file mode 100644
index 0000000..d9f8ff8
--- /dev/null
+++ b/old/12755-8.txt
@@ -0,0 +1,27114 @@
+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, by James D. Richardson
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Compilation of the Messages and Papers of the Presidents
+ Section 2 (of 2) of Volume 6: Andrew Johnson
+
+Author: James D. Richardson
+
+Release Date: June 28, 2004 [EBook #12755]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+
+
+
+
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+
+
+Andrew Johnson
+
+April 15, 1865, to March 4, 1869
+
+
+
+
+Andrew Johnson
+
+Andrew Johnson was born in Raleigh, N.C., December 29, 1808. His parents
+were very poor. When he was 4 years old his father died of injuries
+received in rescuing a person from drowning. At the age of 10 years
+Andrew was apprenticed to a tailor. His early education was almost
+entirely neglected, and, notwithstanding his natural craving to learn,
+he never spent a day in school. Was taught the alphabet by a
+fellow-workman, borrowed a book, and learned to read. In 1824 removed to
+Laurens Court-House, S.C., where he worked as a journeyman tailor. In
+May, 1826, returned to Raleigh, and in September, with his mother and
+stepfather, set out for Greeneville, Tenn., in a two-wheeled cart drawn
+by a blind pony. Here he married Eliza McCardle, a woman of refinement,
+who taught him to write, and read to him while he was at work during the
+day. It was not until he had been in Congress that he learned to write
+with ease. From Greeneville went to the West, but returned after the
+lapse of a year. In 1828 was elected alderman; was reelected in 1829 and
+1830, and in 1830 was advanced to the mayoralty, which office he held
+for three years. In 1831 was appointed by the county court a trustee
+of Rhea Academy, and about this time participated in the debates of a
+society at Greeneville College. In 1834 advocated the adoption of a new
+State constitution, by which the influence of the large landholders was
+abridged. In 1835 represented Greene and Washington counties in the
+legislature. Was defeated for the legislature in 1837, but in 1839 was
+reelected. In 1836 supported Hugh L. White for the Presidency, and in
+the political altercations between John Bell and James K. Polk, which
+distracted Tennessee at the time, supported the former. Mr. Johnson was
+the only ardent follower of Bell that failed to go over to the Whig
+party. Was an elector for the State at large on the Van Buren ticket in
+1840, and made a State reputation by the force of his oratory. In 1841
+was elected to the State senate from Greene and Hawkins counties, and
+while in that body was one of the "immortal thirteen" Democrats who,
+having it in their power to prevent the election of a Whig Senator, did
+so by refusing to meet the house in joint convention; also proposed that
+the basis of representation should rest upon white votes, without regard
+to the ownership of slaves. Was elected to Congress in 1843 over John A.
+Asken, a United States Bank Democrat, who was supported by the Whigs.
+His first speech was in support of the resolution to restore to General
+Jackson the fine imposed upon him at New Orleans; also supported the
+annexation of Texas. In 1845 was reelected, and supported Polk's
+Administration. Was regularly reelected to Congress until 1853. During
+this period opposed all expenditures for internal improvements that were
+not general; resisted and defeated the proposed contingent tax of 10 per
+cent on tea and coffee; made his celebrated defense of the veto power;
+urged the adoption of the homestead law, which was obnoxious to the
+extreme Southern element of his party; supported the compromise measures
+of 1850 as a matter of expediency, but opposed compromises in general
+as a sacrifice of principle. Was elected governor of Tennessee in 1853
+over Gustavus A. Henry, the "Eagle Orator" of the State. In his message
+to the legislature he dwelt upon the homestead law and other measures
+for the benefit of the working classes, and earned the title of
+the "Mechanic Governor." Opposed the Know-nothing movement with
+characteristic vehemence. Was reelected governor in 1855, defeating
+Meredith P. Gentry, the Whig-American candidate, after a most remarkable
+canvass. The Kansas-Nebraska bill received his earnest support. In 1857
+was elected to the United States Senate, where he urged the passage of
+the homestead bill, and on May 20, 1858, made his greatest speech on
+this subject. Opposed the grant of aid for the construction of a Pacific
+railroad. Was prominent in debate, and frequently clashed with Southern
+supporters of the Administration. His pronounced Unionism estranged him
+from the extremists on the Southern side, while his acceptance of
+slavery as an institution guaranteed by the Constitution caused him
+to hold aloof from the Republicans on the other. At the Democratic
+convention at Charleston, S.C., in 1860 was a candidate for the
+Presidential nomination, but received only the vote of Tennessee, and
+when the convention reassembled in Baltimore withdrew his name. In the
+canvass that followed supported John C. Breckinridge. At the session
+of Congress beginning in December, 1860, took decided and unequivocal
+grounds in opposition to secession, and on December 13 introduced a
+joint resolution proposing to amend the Constitution so as to elect the
+President and Vice-President by district votes, Senators by a direct
+popular vote, and to limit the terms of Federal judges to twelve
+years, the judges to be equally divided between slaveholding and
+non-slaveholding States. In his speech on this resolution, December 18
+and 19, declared his unyielding opposition to secession and announced
+his intention to stand by and act under the Constitution. Retained
+his seat in the Senate until appointed by President Lincoln military
+governor of Tennessee, March 4, 1862. March 12 reached Nashville, and
+organized a provisional government for the State; March 18 issued a
+proclamation in which he appealed to the people to return to their
+allegiance, to uphold the law, and to accept "a full and complete
+amnesty for all past acts and declarations;" April 5 removed the mayor
+and other officials of Nashville for refusing to take the oath of
+allegiance to the United States, and appointed others; urged the holding
+of Union meetings throughout the State, and frequently attended them in
+person; completed the railroad from Nashville to the Tennessee River;
+raised twenty-five regiments for service in the State; December 8, 1862,
+issued a proclamation ordering Congressional elections, and on the 15th
+levied an assessment upon the richer Southern sympathizers "in behalf of
+the many helpless widows, wives, and children in the city of Nashville
+who have been reduced to poverty and wretchedness in consequence of
+their husbands, sons, and fathers having been forced into the armies of
+this unholy and nefarious rebellion." Was nominated for Vice-President
+of the United States at the national Republican convention at Baltimore
+June 8, 1864, and was elected on November 8. In his letter of acceptance
+of the nomination Mr. Johnson virtually disclaimed any departure from
+his principles as a Democrat, but placed his acceptance upon the ground
+of "the higher duty of first preserving the Government." On the night of
+the 14th of April, 1865, President Lincoln was shot by an assassin and
+died the next morning. At 11 o'clock a.m. April 15 Mr. Johnson was sworn
+in as President, at his rooms in the Kirkwood House, Washington, by
+Chief Justice Chase, in the presence of nearly all the Cabinet officers
+and others. April 29, 1865, issued a proclamation for the removal of
+trade restrictions in most of the insurrectionary States, which, being
+in contravention of an act of Congress, was subsequently modified.
+May 9 issued an Executive order restoring Virginia to the Union. May 22
+proclaimed all ports, except four in Texas, opened to foreign commerce
+on July 1, 1865. May 29 issued a general amnesty proclamation, after
+which the fundamental and irreconcilable differences between President
+Johnson and the party that had elevated him to power became more
+apparent. He exercised the veto power to a very great extent, but it was
+generally nullified by the two-thirds votes of both Houses. From May 29
+to July 13, 1865, proclaimed provisional governors for North Carolina,
+Mississippi, Georgia, Texas, Alabama, South Carolina, and Florida, whose
+duties were to reorganize the State governments. The State governments
+were reorganized, but the Republicans claimed that the laws passed were
+so stringent in reference to the negroes that it was a worse form of
+slavery than the old. The thirteenth amendment to the Constitution
+became a law December 18, 1865, with Mr. Johnson's concurrence. The first
+breach between the President and the party in power was the veto of the
+Freedmen's Bureau bill, in February, 1866, which was designed to protect
+the negroes. March 27 vetoed the civil-rights bill, but it was passed
+over his veto. In a message of June 22, 1866, opposed the joint
+resolution proposing the fourteenth amendment to the Constitution. In
+June, 1866, the Republicans in Congress brought forward their plan of
+reconstruction, called the "Congressional plan," in contradistinction
+to that of the President. The chief features of the Congressional plan
+were to give the negroes the right to vote, to protect them in this
+right, and to prevent Confederate leaders from voting. January 5, 1867,
+vetoed the act giving negroes the right of suffrage in the District
+of Columbia, but it was passed over his veto. An attempt was made to
+impeach the President, but it failed. In January, 1867, a bill was
+passed to deprive the President of the power to proclaim general
+amnesty, which he disregarded. Measures were adopted looking to the
+meeting of the Fortieth and all subsequent Congresses immediately after
+the adjournment of the preceding. The President was deprived of the
+command of the Army by a rider to the army appropriation bill, which
+provided that his orders should only be given through the General, who
+was not to be removed without the previous consent of the Senate. The
+bill admitting Nebraska, providing that no law should ever be passed in
+that State denying the right of suffrage to any person because of his
+color or race, was vetoed by the President, but passed over his veto.
+March 2, 1867, vetoed the act to provide for the more efficient
+government of the rebel States, but it was passed over his veto.
+It embodied the Congressional plan of reconstruction, and divided the
+Southern States into five military districts, each under an officer of
+the Army not under the rank of brigadier-general, who was to exercise
+all the functions of government until the citizens had "formed a
+constitution of government in conformity with the Constitution
+of the United States in all respects." On the same day vetoed the
+tenure-of-office act, which was also passed over his veto. It provided
+that civil officers should remain in office until the confirmation of
+their successors; that the members of the Cabinet should be removed
+only with the consent of the Senate, and that when Congress was not in
+session the President could suspend but not remove any official, and in
+case the Senate at the next session should not ratify the suspension the
+suspended official should be reinducted into his office. August 5, 1867,
+requested Edwin M. Stanton to resign his office as Secretary of War.
+Mr. Stanton refused, was suspended, and General Grant was appointed
+Secretary of War _ad interim_. When Congress met, the Senate
+refused to ratify the suspension. General Grant then resigned, and Mr.
+Stanton resumed the duties of his office. The President removed him and
+appointed Lorenzo Thomas, Adjutant-General of the Army, Secretary of War
+_ad interim_. The Senate declared this act illegal, and Mr. Stanton
+refused to comply, and notified the Speaker of the House. On February
+24, 1868, the House of Representatives resolved to impeach the
+President, and on March 2 and 3 articles of impeachment were agreed upon
+by the House of Representatives, and on the 4th were presented to the
+Senate. The trial began on March 30. May 16 the test vote was had;
+thirty-five Senators voted for conviction and nineteen for acquittal. A
+change of one vote would have carried conviction. A verdict of acquittal
+was entered, and the Senate sitting as a court of impeachment adjourned
+_sine die_. After the expiration of his term the ex-President
+returned to Tennessee. Was a candidate for the United States Senate, but
+was defeated. In 1872 was an unsuccessful candidate for Congressman from
+the State at large. In January, 1875, was elected to the United States
+Senate, and took his seat at the extra session of that year. Shortly
+after the session began made a speech which was a skillful but bitter
+attack upon President Grant. While visiting his daughter near
+Elizabethton, in Carter County, Tenn., was stricken with paralysis July
+30, 1875, and died the following day. He was buried at Greeneville, Tenn.
+
+
+
+
+INAUGURAL ADDRESS.
+
+[From the Sunday Morning Chronicle, Washington, April 16, 1865, and
+The Sun, Baltimore, April 17, 1865.]
+
+GENTLEMEN: I must be permitted to say that I have been almost
+overwhelmed by the announcement of the sad event which has so recently
+occurred. I feel incompetent to perform duties so important and
+responsible as those which have been so unexpectedly thrown upon me.
+As to an indication of any policy which may be pursued by me in the
+administration of the Government, I have to say that that must be left
+for development as the Administration progresses. The message or
+declaration must be made by the acts as they transpire. The only
+assurance that I can now give of the future is reference to the past.
+The course which I have taken in the past in connection with this
+rebellion must be regarded as a guaranty of the future. My past public
+life, which has been long and laborious, has been founded, as I in good
+conscience believe, upon a great principle of right, which lies at the
+basis of all things. The best energies of my life have been spent in
+endeavoring to establish and perpetuate the principles of free
+government, and I believe that the Government in passing through its
+present perils will settle down upon principles consonant with popular
+rights more permanent and enduring than heretofore. I must be permitted
+to say, if I understand the feelings of my own heart, that I have long
+labored to ameliorate and elevate the condition of the great mass of the
+American people. Toil and an honest advocacy of the great principles of
+free government have been my lot. Duties have been mine; consequences
+are God's. This has been the foundation of my political creed, and I
+feel that in the end the Government will triumph and that these great
+principles will be permanently established.
+
+In conclusion, gentlemen, let me say that I want your encouragement and
+countenance. I shall ask and rely upon you and others in carrying the
+Government through its present perils. I feel in making this request
+that it will be heartily responded to by you and all other patriots
+and lovers of the rights and interests of a free people.
+
+APRIL 15, 1865.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas, by my direction, the Acting Secretary of State, in a notice to
+the public of the 17th, requested the various religious denominations
+to assemble on the 19th instant, on the occasion of the obsequies of
+Abraham Lincoln, late President of the United States, and to observe the
+same with appropriate ceremonies; but
+
+Whereas our country has become one great house of mourning, where the
+head of the family has been taken away, and believing that a special
+period should be assigned for again humbling ourselves before Almighty
+God, in order that the bereavement may be sanctified to the nation:
+
+Now, therefore, in order to mitigate that grief on earth which can
+only be assuaged by communion with the Father in heaven, and in
+compliance with the wishes of Senators and Representatives in Congress,
+communicated to me by resolutions adopted at the National Capitol,
+I, Andrew Johnson, President of the United States, do hereby appoint
+Thursday, the 25th day of May next, to be observed, wherever in the
+United States the flag of the country may be respected, as a day of
+humiliation and mourning, and I recommend my fellow citizens then to
+assemble in their respective places of worship, there to unite in solemn
+service to Almighty God in memory of the good man who has been removed,
+so that all shall be occupied at the same time in contemplation of his
+virtues and in sorrow for his sudden and violent end.
+
+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, the 25th day of April, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamation of the 25th instant Thursday, the 25th day of
+next month, was recommended as a day for special humiliation and prayer
+in consequence of the assassination of Abraham Lincoln, late President
+of the United States; but
+
+Whereas my attention has since been called to the fact that the day
+aforesaid is sacred to large numbers of Christians as one of rejoicing
+for the ascension of the Savior:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby suggest that the religious services recommended
+as aforesaid should be postponed until Thursday, the 1st day of June
+next.
+
+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 29th day of April, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it appears from evidence in the Bureau of Military Justice that
+the atrocious murder of the late President, Abraham Lincoln, and the
+attempted assassination of the Hon. William H. Seward, Secretary of
+State, were incited, concerted, and procured by and between Jefferson
+Davis, late of Richmond, Va., and Jacob Thompson, Clement C. Clay,
+Beverley Tucker, George N. Sanders, William C. Cleary, and other rebels
+and traitors against the Government of the United States harbored in
+Canada:
+
+Now, therefore, to the end that justice may be done, I, Andrew Johnson,
+President of the United States, do offer and promise for the arrest of
+said persons, or either of them, within the limits of the United States,
+so that they can be brought to trial, the following rewards:
+
+One hundred thousand dollars for the arrest of Jefferson Davis.
+
+Twenty-five thousand dollars for the arrest of Clement C. Clay.
+
+Twenty-five thousand dollars for the arrest of Jacob Thompson, late of
+Mississippi.
+
+Twenty-five thousand dollars for the arrest of George N. Sanders.
+
+Twenty-five thousand dollars for the arrest of Beverley Tucker.
+
+Ten thousand dollars for the arrest of William C. Cleary, late clerk of
+Clement C. Clay.
+
+The Provost-Marshal-General of the United States is directed to cause
+a description of said persons, with notice of the above rewards, to be
+published.
+
+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 2d day of May, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States, by his proclamation of the
+19th day of April, 1861, did declare certain States therein mentioned in
+insurrection against the Government of the United States; and
+
+Whereas armed resistance to the authority of this Government in the said
+insurrectionary States may be regarded as virtually at an end, and the
+persons by whom that resistance, as well as the operations of insurgent
+cruisers, was directed are fugitives or captives; and
+
+Whereas it is understood that some of those cruisers are still infesting
+the high seas and others are preparing to capture, burn, and destroy
+vessels of the United States:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, hereby enjoin all naval, military, and civil officers of
+the United States diligently to endeavor, by all lawful means, to arrest
+the said cruisers and to bring them into a port of the United States, in
+order that they may be prevented from committing further depredations on
+commerce and that the persons on board of them may no longer enjoy
+impunity for their crimes.
+
+And I do further proclaim and declare that if, after a reasonable time
+shall have elapsed for this proclamation to become known in the ports of
+nations claiming to have been neutrals, the said insurgent cruisers and
+the persons on board of them shall continue to receive hospitality in
+the said ports, this Government will deem itself justified in refusing
+hospitality to the public vessels of such nations in ports of the United
+States and in adopting such other measures as may be deemed advisable
+toward vindicating the national sovereignty.
+
+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 May, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamation of the President of the 11th day of April
+last certain ports of the United States therein specified, which had
+previously been subject to blockade, were, for objects of public safety,
+declared, in conformity with previous special legislation of Congress,
+to be closed against foreign commerce during the national will, to be
+thereafter expressed and made known by the President; and
+
+Whereas events and circumstances have since occurred which, in my
+judgment, render it expedient to remove that restriction, except as to
+the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel), and
+Brownsville, in the State of Texas:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that the ports aforesaid, not excepted
+as above, shall be open to foreign commerce from and after the 1st day
+of July next; that commercial intercourse with the said ports may from
+that time be carried on, subject to the laws of the United States and in
+pursuance of such regulations as may be prescribed by the Secretary of
+the Treasury. If, however, any vessel from a foreign port shall enter
+any of the before-named excepted ports in the State of Texas, she will
+continue to be held liable to the penalties prescribed by the act of
+Congress approved on the 13th day of July, 1861, and the persons on
+board of her to such penalties as may be incurred, pursuant to the laws
+of war, for trading or attempting to trade with an enemy.
+
+And I, Andrew Johnson, President of the United States, do hereby declare
+and make known that the United States of America do henceforth disallow
+to all persons trading or attempting to trade in any ports of the United
+States in violation of the laws thereof all pretense of belligerent
+rights and privileges; and I give notice that from the date of this
+proclamation all such offenders will be held and dealt with as pirates.
+
+It is also ordered that all restrictions upon trade heretofore imposed
+in the territory of the United States east of the Mississippi River,
+save those relating to contraband of war, to the reservation of the
+rights of the United States to property purchased in the territory of an
+enemy, and to the 25 per cent upon purchases of cotton be removed. All
+provisions of the internal-revenue law will be carried into effect under
+the proper officers.
+
+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 May, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States, on the 8th day of December,
+A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the object
+to suppress the existing rebellion, to induce all persons to return to
+their loyalty, and to restore the authority of the United States, issue
+proclamations offering amnesty and pardon to certain persons who had,
+directly or by implication, participated in the said rebellion; and
+
+Whereas many persons who had so engaged in said rebellion have, since
+the issuance of said proclamations, failed or neglected to take the
+benefits offered thereby; and
+
+Whereas many persons who have been justly deprived of all claim to
+amnesty and pardon thereunder by reason of their participation, directly
+or by implication, in said rebellion and continued hostility to the
+Government of the United States since the date of said proclamations now
+desire to apply for and obtain amnesty and pardon.
+
+To the end, therefore, that the authority of the Government of the
+United States may be restored and that peace, order, and freedom may
+be established, I, Andrew Johnson, President of the United States,
+do proclaim and declare that I hereby grant to all persons who have,
+directly or indirectly, participated in the existing rebellion, except
+as hereinafter excepted, amnesty and pardon, with restoration of all
+rights of property, except as to slaves and except in cases where legal
+proceedings under the laws of the United States providing for the
+confiscation of property of persons engaged in rebellion have been
+instituted; but upon the condition, nevertheless, that every such person
+shall take and subscribe the following oath (or affirmation) and
+thenceforward keep and maintain said oath inviolate, and which oath
+shall be registered for permanent preservation and shall be of the tenor
+and effect following, to wit:
+
+ I ---- ---- do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the
+ existing rebellion with reference to the emancipation of slaves.
+ So help me God.
+
+
+The following classes of persons are excepted from the benefits of this
+proclamation:
+
+First. All who are or shall have been pretended civil or diplomatic
+officers or otherwise domestic or foreign agents of the pretended
+Confederate government.
+
+Second. All who left judicial stations under the United States to aid
+the rebellion.
+
+Third. All who shall have been military or naval officers of said
+pretended Confederate government above the rank of colonel in the army
+or lieutenant in the navy.
+
+Fourth. All who left seats in the Congress of the United States to aid
+the rebellion.
+
+Fifth. All who resigned or tendered resignations of their commissions in
+the Army or Navy of the United States to evade duty in resisting the
+rebellion.
+
+Sixth. All who have engaged in any way in treating otherwise than
+lawfully as prisoners of war persons found in the United States service
+as officers, soldiers, seamen, or in other capacities.
+
+Seventh. All persons who have been or are absentees from the United
+States for the purpose of aiding the rebellion.
+
+Eighth. All military and naval officers in the rebel service who were
+educated by the Government in the Military Academy at West Point or the
+United States Naval Academy.
+
+Ninth. All persons who held the pretended offices of governors of States
+in insurrection against the United States.
+
+Tenth. All persons who left their homes within the jurisdiction and
+protection of the United States and passed beyond the Federal military
+lines into the pretended Confederate States for the purpose of aiding
+the rebellion.
+
+Eleventh. All persons who have been engaged in the destruction of the
+commerce of the United States upon the high seas and all persons who
+have made raids into the United States from Canada or been engaged in
+destroying the commerce of the United States upon the lakes and rivers
+that separate the British Provinces from the United States.
+
+Twelfth. All persons who, at the time when they seek to obtain the
+benefits hereof by taking the oath herein prescribed, are in military,
+naval, or civil confinement or custody, or under bonds of the civil,
+military, or naval authorities or agents of the United States as
+prisoners of war, or persons detained for offenses of any kind, either
+before or after conviction.
+
+Thirteenth. All persons who have voluntarily participated in said
+rebellion and the estimated value of whose taxable property is over
+$20,000.
+
+Fourteenth. All persons who have taken the oath of amnesty as prescribed
+in the President's proclamation of December 8, A.D. 1863, or an oath of
+allegiance to the Government of the United States since the date of said
+proclamation and who have not thenceforward kept and maintained the same
+inviolate.
+
+_Provided_, That special application may be made to the President
+for pardon by any person belonging to the excepted classes, and such
+clemency will be liberally extended as may be consistent with the facts
+of the case and the peace and dignity of the United States.
+
+The Secretary of State will establish rules and regulations for
+administering and recording the said amnesty oath, so as to insure its
+benefit to the people and guard the Government against fraud.
+
+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, the 29th day of May, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of North
+Carolina of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of North Carolina in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint William W. Holden provisional governor of the State of North
+Carolina, whose duty it shall be, at the earliest practicable period, to
+prescribe such rules and regulations as may be necessary and proper for
+convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of North Carolina to restore said State to its constitutional
+relations to the Federal Government and to present such a republican
+form of State government as will entitle the State to the guaranty of
+the United States therefor and its people to protection by the United
+States against invasion, insurrection, and domestic violence:
+_Provided_, That in any election that may be hereafter held for
+choosing delegates to any State convention as aforesaid no person shall
+be qualified as an elector or shall be eligible as a member of such
+convention unless he shall have previously taken and subscribed the oath
+of amnesty as set forth in the President's proclamation of May 29, A.D.
+1865, and is a voter qualified as prescribed by the constitution and
+laws of the State of North Carolina in force immediately before the 20th
+day of May, A.D. 1861, the date of the so-called ordinance of secession;
+and the said convention, when convened, or the legislature that may be
+thereafter assembled, will prescribe the qualification of electors and
+the eligibility of persons to hold office under the constitution and
+laws of the State--a power the people of the several States composing
+the Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which North
+Carolina is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 29th day of May, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Mississippi of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Mississippi in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do
+hereby appoint William L. Sharkey, of Mississippi, provisional governor
+of the State of Mississippi, whose duty it shall be, at the earliest
+practicable period, to prescribe such rules and regulations as may be
+necessary and proper for convening a convention composed of delegates
+to be chosen by that portion of the people of said State who are loyal
+to the United States, and no others, for the purpose of altering or
+amending the constitution thereof, and with authority to exercise within
+the limits of said State all the powers necessary and proper to enable
+such loyal people of the State of Mississippi to restore said State to
+its constitutional relations to the Federal Government and to present
+such a republican form of State government as will entitle the State to
+the guaranty of the United States therefor and its people to protection
+by the United States against invasion, insurrection, and domestic
+violence: _Provided_, That in any election that may be hereafter
+held for choosing delegates to any State convention as aforesaid no
+person shall be qualified as an elector or shall be eligible as a member
+of such convention unless he shall have previously taken and subscribed
+the oath of amnesty as set forth in the President's proclamation of
+May 29, A.D. 1865, and is a voter qualified as prescribed by the
+constitution and laws of the State of Mississippi in force immediately
+before the 9th of January, A.D. 1861, the date of the so-called
+ordinance of secession; and the said convention, when convened, or
+the legislature that may be thereafter assembled, will prescribe the
+qualification of electors and the eligibility of persons to hold office
+under the constitution and laws of the State--a power the people of the
+several States composing the Federal Union have rightfully exercised
+from the origin of the Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Mississippi is included proceed to hold courts within said State
+in accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+[SEAL.]
+
+In testimony 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 13th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamation[1] of the 29th of April, 1865, all
+restrictions upon internal, domestic, and commercial intercourse,
+with certain exceptions therein specified and set forth, were removed
+"in such parts of the States of Tennessee, Virginia, North Carolina,
+South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+Louisiana as lies east of the Mississippi River as shall be embraced
+within the lines of national military occupation;" and
+
+[Footnote 1: Executive order.]
+
+Whereas by my proclamation of the 22d of May, 1865, for reasons therein
+given, it was declared that certain ports of the United States which had
+been previously closed against foreign commerce should, with certain
+specified exceptions, be reopened to such commerce on and after the
+1st day of July next, subject to the laws of the United States, and in
+pursuance of such regulations as might be prescribed by the Secretary
+of the Treasury; and
+
+Whereas I am satisfactorily informed that dangerous combinations against
+the laws of the United States no longer exist within the State of
+Tennessee; that the insurrection heretofore existing within said State
+has been suppressed; that within the boundaries thereof the authority of
+the United States is undisputed, and that such officers of the United
+States as have been duly commissioned are in the undisturbed exercise of
+their official functions:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that all restrictions upon internal,
+domestic, and coastwise intercourse and trade and upon the removal of
+products of States heretofore declared in insurrection, reserving and
+excepting only those relating to contraband of war, as hereinafter
+recited, and also those which relate to the reservation of the rights
+of the United States to property purchased in the territory of an enemy
+heretofore imposed in the territory of the United States east of the
+Mississippi River, are annulled, and I do hereby direct that they be
+forthwith removed; and that on and after the 1st day of July next all
+restrictions upon foreign commerce with said ports, with the exception
+and reservation aforesaid, be likewise removed; and that the commerce of
+said States shall be conducted under the supervision of the regularly
+appointed officers of the customs provided by law, and such officers of
+the customs shall receive any captured and abandoned property that may
+be turned over to them under the law by the military or naval forces of
+the United States and dispose of such property as shall be directed by
+the Secretary of the Treasury. The following articles, contraband of
+war, are excepted from the effect of this proclamation: Arms,
+ammunition, all articles from which ammunition is made, and gray
+uniforms and cloth.
+
+And I hereby also proclaim and declare that the insurrection, so far as
+it relates to and within the State of Tennessee and the inhabitants of
+the said State of Tennessee as reorganized and constituted under their
+recently adopted constitution and reorganization and accepted by them,
+is suppressed, and therefore, also, that all the disabilities and
+disqualifications attaching to said State and the inhabitants thereof
+consequent upon any proclamation issued by virtue of the fifth section
+of the act entitled "An act further to provide for the collection of
+duties on imports and for other purposes," approved the 13th day of
+July, 1861, are removed.
+
+But nothing herein contained shall be considered or construed as in any
+wise changing or impairing any of the penalties and forfeitures for
+treason heretofore incurred under the laws of the United States or any
+of the provisions, restrictions, or disabilities set forth in my
+proclamation bearing date the 29th day of May, 1865, or as impairing
+existing regulations for the suspension of the _habeas corpus_ and
+the exercise of military law in cases where it shall be necessary for
+the general public safety and welfare during the existing insurrection;
+nor shall this proclamation affect or in any way impair any laws
+heretofore passed by Congress and duly approved by the President or any
+proclamations or orders issued by him during the aforesaid insurrection
+abolishing slavery or in any way affecting the relations of slavery,
+whether of persons or property; but, on the contrary, all such laws and
+proclamations heretofore made or issued are expressly saved and declared
+to be in full force and virtue.
+
+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 13th day of June, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Georgia of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Georgia in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint James Johnson, of Georgia, provisional governor of the State of
+Georgia, whose duty it shall be, at the earliest practicable period,
+to prescribe such rules and regulations as may be necessary and proper
+for convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Georgia to restore said State to its constitutional relations
+to the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Georgia in force immediately before the 19th of January, A.D. 1861,
+the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws
+of the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Georgia is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 17th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution
+made Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of Texas
+of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of the State of Texas in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Andrew J. Hamilton, of Texas, provisional governor of the State
+of Texas, whose duty it shall be, at the earliest practicable period, to
+prescribe such rules and regulations as may be necessary and proper for
+convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Texas to restore said State to its constitutional relations to
+the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Texas in force immediately before the 1st day of February, A.D. 1861,
+the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which Texas
+is included proceed to hold courts within said State in accordance with
+the provisions of the act of Congress. The Attorney-General will
+instruct the proper officers to libel and bring to judgment,
+confiscation, and sale property subject to confiscation and enforce the
+administration of justice within said State in all matters within the
+cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 17th day of June, A.D. 1865, and of
+the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Alabama of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Alabama in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Lewis E. Parsons, of Alabama, provisional governor of the State
+of Alabama, whose duty it shall be, at the earliest practicable period,
+to prescribe such rules and regulations as may be necessary and proper
+for convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Alabama to restore said State to its constitutional relations
+to the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Alabama in force immediately before the 11th day of January, A.D.
+1861, the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State, a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Alabama is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 21st day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamations of the President of the 19th and 27th of
+April, 1861, a blockade of certain ports of the United States was set on
+foot; but
+
+Whereas the reasons for that measure have ceased to exist:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare and proclaim the blockade aforesaid to
+be rescinded as to all the ports aforesaid, including that of Galveston
+and other ports west of the Mississippi River, which ports will be open
+to foreign commerce on the 1st of July next on the terms and conditions
+set forth in my proclamation of the 22d of May last.
+
+It is to be understood, however, that the blockade thus rescinded was an
+international measure for the purpose of protecting the sovereign rights
+of the United States. The greater or less subversion of civil authority
+in the region to which it applied and the impracticability of at once
+restoring that in due efficiency may for a season make it advisable to
+employ the Army and Navy of the United States toward carrying the laws
+into effect wherever such employment may be necessary.
+
+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 23d day of June, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas it has been the desire of the General Government of the United
+States to restore unrestricted commercial intercourse between and in the
+several States as soon as the same could be safely done in view of
+resistance to the authority of the United States by combinations of
+armed insurgents; and
+
+Whereas that desire has been shown in my proclamations of the 29th of
+April, 1865, the 13th of June, 1865, and the 23d of June, 1865; and
+
+Whereas it now seems expedient and proper to remove restrictions upon
+internal, domestic, and coastwise trade and commercial intercourse
+between and within the States and Territories west of the Mississippi
+River:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that all restrictions upon internal,
+domestic, and coastwise intercourse and trade and upon the purchase and
+removal of products of States and parts of States and Territories
+heretofore declared in insurrection, lying west of the Mississippi River
+(excepting only those relating to property heretofore purchased by the
+agents or captured by or surrendered to the forces of the United States
+and to the transportation thereto or therein on private account of arms,
+ammunition, all articles from which ammunition is made, gray uniforms,
+and gray cloth), are annulled; and I do hereby direct that they be
+forthwith removed, and also that the commerce of such States and parts
+of States shall be conducted under the supervision of the regularly
+appointed officers of the customs, [who] shall receive any captured and
+abandoned property that may be turned over to them under the law by the
+military or naval forces of the United States and dispose of the same in
+accordance with instructions on the subject issued by the Secretary of
+the Treasury.
+
+In testimony 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 24th day of June, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of South
+Carolina of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of South Carolina in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Benjamin F. Perry, of South Carolina, provisional governor of
+the State of South Carolina, whose duty it shall be, at the earliest
+practicable period, to prescribe such rules and regulations as may be
+necessary and proper for convening a convention composed of delegates
+to be chosen by that portion of the people of said State who are loyal
+to the United States, and no others, for the purpose of altering or
+amending the constitution thereof, and with authority to exercise within
+the limits of said State all the powers necessary and proper to enable
+such loyal people of the State of South Carolina to restore said State
+to its constitutional relations to the Federal Government and to present
+such a republican form of State government as will entitle the State to
+the guaranty of the United States therefor and its people to protection
+by the United States against invasion, insurrection, and domestic
+violence: _Provided_, That in any election that may be hereafter
+held for choosing delegates to any State convention as aforesaid no
+person shall be qualified as an elector or shall be eligible as a member
+of such convention unless he shall have previously taken and subscribed
+the oath of amnesty as set forth in the President's proclamation
+of May 29, A.D. 1865, and is a voter qualified as prescribed by
+the constitution and laws of the State of South Carolina in force
+immediately before the 17th day of November, A.D. 1860, the date of
+the so-called ordinance of secession; and the said convention, when
+convened, or the legislature that may be thereafter assembled, will
+prescribe the qualification of electors and the eligibility of persons
+to hold office under the constitution and laws of the State--a power the
+people of the several States composing the Federal Union have rightfully
+exercised from the origin of the Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+South Carolina is included proceed to hold courts within said
+State in accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+[SEAL.]
+
+In testimony 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 30th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United Stales shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Florida of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Florida in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint William Marvin provisional governor of the State of Florida,
+whose duty it shall be, at the earliest practicable period, to prescribe
+such rules and regulations as may be necessary and proper for convening
+a convention composed of delegates to be chosen by that portion of the
+people of said State who are loyal to the United States, and no others,
+for the purpose of altering or amending the constitution thereof, and
+with authority to exercise within the limits of said State all the
+powers necessary and proper to enable such loyal people of the State of
+Florida to restore said State to its constitutional relations to the
+Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Florida in force immediately before the 10th day of January, A.D.
+1861, the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws of
+the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Florida is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 13th day of July, A.D. 1865, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamations of the 13th and 24th of June, 1865, removing
+restrictions, in part, upon internal, domestic, and coastwise
+intercourse and trade with those States recently declared in
+insurrection, certain articles were excepted from the effect of said
+proclamations as contraband of war; and
+
+Whereas the necessity for restricting trade in said articles has now in
+a great measure ceased:
+
+It is hereby ordered that on and after the 1st day of September, 1865.
+all restrictions aforesaid be removed, so that the articles declared by
+the said proclamations to be contraband of war may be imported into and
+sold in said States, subject only to such regulations as the Secretary
+of the Treasury may prescribe.
+
+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 20th day of August, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by a proclamation of the 5th day of July, 1864, the President of
+the United States, when the civil war was flagrant and when combinations
+were in progress in Kentucky for the purpose of inciting insurgent raids
+into that State, directed that the proclamation suspending the privilege
+of the writ of _habeas corpus_ should be made effectual in Kentucky
+and that martial law should be established there and continue until said
+proclamation should be revoked or modified; and
+
+Whereas since then the danger from insurgent raids into Kentucky has
+substantially passed away:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, by virtue of the authority vested in me by the
+Constitution, do hereby declare that the said proclamation of the 5th
+day of July, 1864, shall be, and is hereby, modified in so far that
+martial law shall be no longer in force in Kentucky from and after the
+date hereof.
+
+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 12th day of October, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has pleased Almighty God during the year which is now coming
+to an end to relieve our beloved country from the fearful scourge of
+civil war and to permit us to secure the blessings of peace, unity, and
+harmony, with a great enlargement of civil liberty; and
+
+Whereas our Heavenly Father has also during the year graciously averted
+from us the calamities of foreign war, pestilence, and famine, while our
+granaries are full of the fruits of an abundant season; and
+
+Whereas righteousness exalteth a nation, while sin is a reproach to any
+people:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby recommend to the people thereof that they do
+set apart and observe the first Thursday of December next as a day of
+national thanksgiving to the Creator of the Universe for these great
+deliverances and blessings.
+
+And I do further recommend that on that occasion the whole people make
+confession of our national sins against His infinite goodness, and with
+one heart and one mind implore the divine guidance in the ways of
+national virtue and holiness.
+
+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 28th day of October, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamation of the President of the United States of the
+15th day of September, 1863, the privilege of the writ of _habeas
+corpus_ was, in certain cases therein set forth, suspended throughout
+the United States; and
+
+Whereas the reasons for that suspension may be regarded as having ceased
+in some of the States and Territories:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby proclaim and declare that the suspension
+aforesaid and all other proclamations and orders suspending the
+privilege of the writ of _habeas corpus_ in the States and
+Territories of the United States are revoked and annulled, excepting as
+to the States of Virginia, Kentucky, Tennessee, North Carolina, South
+Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,
+and Texas, the District of Columbia, and the Territories of New Mexico
+and Arizona.
+
+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 December, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE CHAMBER,
+
+_Washington, April 29, 1865_.
+
+Being desirous to relieve all loyal citizens and well-disposed persons
+residing in insurrectionary States from unnecessary commercial
+restrictions and to encourage them to return to peaceful pursuits--
+
+_It is hereby ordered_, I. That all restrictions upon internal,
+domestic, and coastwise commercial intercourse be discontinued in such
+parts of the States of Tennessee, Virginia, North Carolina, South
+Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+Louisiana as lies east of the Mississippi River as shall be embraced
+within the lines of national military occupation, excepting only such
+restrictions as are imposed by acts of Congress and regulations in
+pursuance thereof prescribed by the Secretary of the Treasury and
+approved by the President, and excepting also from the effect of this
+order the following articles contraband of war, to wit: Arms,
+ammunition, all articles from which ammunition is manufactured, gray
+uniforms and cloth, locomotives, cars, railroad iron, and machinery for
+operating railroads, telegraph wires, insulators, and instruments for
+operating telegraphic lines.
+
+II. That all existing military and naval orders in any manner
+restricting internal, domestic, and coastwise commercial intercourse and
+trade with or in the localities above named be, and the same are hereby,
+revoked, and that no military or naval officer in any manner interrupt
+or interfere with the same, or with any boats or other vessels engaged
+therein under proper authority, pursuant to the regulations of the
+Secretary of the Treasury.
+
+ANDREW JOHNSON.
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, April 29, 1865_.
+
+The Executive order of January 20, 1865, prohibiting the exportation of
+hay, is rescinded from and after the 1st day of May, 1865.
+
+By order of the President:
+
+EDWIN M STANTON.
+
+_Secretary of War_.
+
+
+
+EXECUTIVE CHAMBER,
+
+_Washington City, May 1, 1865_.
+
+Whereas the Attorney-General of the United States hath given his opinion
+that the persons implicated in the murder of the late President, Abraham
+Lincoln, and the attempted assassination of the Hon. William H. Seward,
+Secretary of State, and in an alleged conspiracy to assassinate other
+officers of the Federal Government at Washington City, and their aiders
+and abettors, are subject to the jurisdiction of and lawfully triable
+before a military commission--
+
+_It is ordered_:
+
+First. That the assistant adjutant-general detail nine competent
+military officers to serve as a commission for the trial of said
+parties, and that the Judge-Advocate-General proceed to prefer charges
+against said parties for their alleged offenses and bring them to trial
+before said military commission; that said trial or trials be conducted
+by the said Judge-Advocate-General, and as recorder thereof, in person,
+aided by such assistant or special judge-advocate as he may designate,
+and that said trials be conducted with all diligence consistent with the
+ends of justice; the said commission to sit without regard to hours.
+
+Second. That Brevet Major-General Hartranft be assigned to duty as
+special provost-marshal-general for the purpose of said trial, and
+attendance upon said commission, and the execution of its mandates.
+
+Third. That the said commission establish such order or rules of
+proceeding as may avoid unnecessary delay and conduce to the ends of
+public justice.
+
+ANDREW JOHNSON.
+
+Official copy:
+
+W.A. NICHOLS,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+
+_Washington, D.C., May 3, 1865_.
+
+Order Rescinding Regulations Prohibiting the Exportation of Arms,
+Ammunition, Horses, Mules, and Live Stock.
+
+The Executive order of November 21, 1862, prohibiting the exportation of
+arms and ammunition from the United States, and the Executive order of
+May 13, 1863,[2] prohibiting the exportation of horses, mules, and live
+stock, being no longer required by public necessities, the aforesaid
+orders are hereby rescinded and annulled.
+
+By order of the President of the United States:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+[Footnote 2: Order of Secretary of War.]
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, May 4, 1865_.
+
+This being the day of the funeral of the late President, Abraham
+Lincoln, at Springfield, Ill., the Executive Office and the various
+Departments will be closed at 12 m. to-day.
+
+ANDREW JOHNSON,
+
+_President of the United States_.
+
+
+
+SPECIAL ORDERS, No. 211.
+
+
+WAR DEPARTMENT,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, May 6, 1865_.
+
+ * * * * *
+
+4. A military commission is hereby appointed to meet at Washington,
+D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon
+thereafter as practicable, for the trial of David E. Herold, George A.
+Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may
+be brought before it, implicated in the murder of the late President,
+Abraham Lincoln, and the attempted assassination of the Hon. William H.
+Seward, Secretary of State, and in an alleged conspiracy to assassinate
+other officers of the Federal Government at Washington City, and their
+aiders and abettors.
+
+_Detail for the court_.
+
+ Major-General David Hunter, United States Volunteers.
+ Major-General Lewis Wallace, United States Volunteers.
+ Brevet Major-General August V. Kautz, United States Volunteers.
+ Brigadier-General Albion P. Howe, United States Volunteers.
+ Brigadier-General Robert S. Foster, United States Volunteers.
+ Brevet Brigadier-General Cyrus B. Comstock,[A] United States Volunteers.
+ Brigadier-General T.M. Harris, United States Volunteers.
+ Brevet Colonel Horace Porter,[B] aid-de-camp.
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
+ Brigadier-General Joseph Holt, Judge-Advocate-General, United States
+ Army, is appointed the judge-advocate and recorder of the commission,
+ to be aided by such assistant or special judge-advocate as he may
+ designate.
+
+
+The commission will sit without regard to hours.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+[Footnote 3: Brevet Brigadier-General James A. Ekin substituted; see
+Special Orders, No. 216.]
+
+[Footnote 4: Brevet Colonel C. H. Tompkins substituted; see Special
+Orders, No. 216.]
+
+
+
+WAR DEPARTMENT, _Washington City, May 7, 1865_.
+
+Brigadier-General Holt, Judge-Advocate-General, having designated the
+Hon. John A. Bingham as a special judge-advocate, whose aid he requires
+in the prosecution of Herold and others before the military commission
+of which Major-General Hunter is presiding officer:
+
+_It is ordered_, That the said John A. Bingham be, and he is hereby,
+appointed special judge-advocate for the purpose aforesaid, to aid the
+Judge-Advocate-General, pursuant to the order of the President in
+respect to said military commission.
+
+By order of the President:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+SPECIAL ORDERS. No. 216.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, May 9, 1865_.
+
+ * * * * *
+
+91. Brevet Brigadier-General Cyrus B. Comstock, United States
+Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby
+relieved from duty as members of the military commission appointed in
+Special Orders, No. 211, paragraph 4, dated "War Department,
+Adjutant-General's Office, Washington, May 6, 1865," and Brevet
+Brigadier-General James A. Ekin, United States Volunteers, and Brevet
+Colonel C.H. Tompkins, United States Army, are detailed in their
+places, respectively.
+
+The commission will be composed as follows:
+
+ Major-General David Hunter, United States Volunteers.
+ Major-General Lewis Wallace, United States Volunteers.
+ Brevet Major-General August V. Kautz, United States Volunteers.
+ Brigadier-General Albion P. Howe, United States Volunteers.
+ Brigadier-General Robert S. Poster, United States Volunteers.
+ Brevet Brigadier-General James A. Ekin, United States Volunteers.
+ Brigadier-General T.M. Harris, United States Volunteers.
+ Brevet Colonel C.H. Tompkins, United States Army.
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
+ Brigadier-General Joseph Holt, judge-advocate and recorder.
+
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE CHAMBER,
+
+_Washington City, May 9, 1865_.
+
+Executive Order to Reestablish the Authority of the United States and
+Execute the Laws within the Geographical Limits Known as the State of
+Virginia.
+
+_Ordered_, first. That all acts and proceedings of the political,
+military, and civil organizations which have been in a state of
+insurrection and rebellion within the State of Virginia against the
+authority and laws of the United States, and of which Jefferson Davis,
+John Letcher, and William Smith were late the respective chiefs, are
+declared null and void. All persons who shall exercise, claim, pretend,
+or attempt to exercise any political, military, or civil power,
+authority, jurisdiction, or right by, through, or under Jefferson Davis,
+late of the city of Richmond, and his confederates, or under John
+Letcher or William Smith and their confederates, or under any pretended
+political, military, or civil commission or authority issued by them or
+either of them since the 17th day of April, 1861, shall be deemed and
+taken as in rebellion against the United States, and shall be dealt with
+accordingly.
+
+Second. That the Secretary of State proceed to put in force all laws of
+the United States the administration whereof belongs to the Department
+of State applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed without delay to
+nominate for appointment assessors of taxes and collectors of customs
+and internal revenue and such other officers of the Treasury Department
+as are authorized by law, and shall put in execution the revenue laws of
+the United States within the geographical limits aforesaid. In making
+appointments the preference shall be given to qualified loyal persons
+residing within the districts where their respective duties are to be
+performed; but if suitable persons shall not be found residents of the
+districts, then persons residing in other States or districts shall be
+appointed.
+
+Fourth. That the Postmaster-General shall proceed to establish
+post-offices and post routes and put into execution the postal laws of
+the United States within the said State, giving to loyal residents the
+preference of appointment; but if suitable persons are not found, then
+to appoint agents, etc., from other States.
+
+Fifth. That the district judge of said district proceed to hold courts
+within said State in accordance with the provisions of the act of
+Congress. The Attorney-General will instruct the proper officers to
+libel and bring to judgment, confiscation, and sale property subject to
+confiscation, and enforce the administration of justice within said
+State in all matters, civil and criminal, within the cognizance and
+jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of War assign such assistant
+provost-marshal-general and such provost-marshals in each district of
+said State as he may deem necessary.
+
+Seventh. The Secretary of the Navy will take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Eighth. The Secretary of the Interior will also put in force the laws
+relating to the Department of the Interior.
+
+Ninth. That to carry into effect the guaranty by the Federal
+Constitution of a republican form of State government and afford the
+advantage and security of domestic laws, as well as to complete the
+reestablishment of the authority and laws of the United States and the
+full and complete restoration of peace within the limits aforesaid,
+Francis H. Peirpoint, governor of the State of Virginia, will be aided
+by the Federal Government so far as may be necessary in the lawful
+measures which he may take for the extension and administration of the
+State government throughout the geographical limits of said State.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, May 27, 1865_.
+
+_Ordered_, That in all cases of sentences by military tribunals of
+imprisonment during the war the sentence be remitted and that the
+prisoners be discharged. The Adjutant-General will issue immediately the
+necessary instructions to carry this order into effect.
+
+By order of the President of the United States:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, D.C., May 31, 1865_.
+
+To-morrow, the 1st of June, being the day appointed for special
+humiliation and prayer in consequence of the assassination of Abraham
+Lincoln, late President of the United States, the Executive Office and
+the various Departments will be closed during the day.
+
+ANDREW JOHNSON,
+
+_President of the United States_.
+
+
+
+GENERAL ORDERS, No. 107.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 2, 1865_.
+
+_Ordered_, That all military restrictions upon trade in any of the
+States or Territories of the United States, except in articles
+contraband of war--to wit, arms, ammunition, gray cloth, and all
+articles from which ammunition is manufactured; locomotives, cars,
+railroad iron, and machinery for operating railroads; telegraph wires,
+insulators, and instruments for operating telegraphic lines--shall cease
+from and after the present date.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, June 2, 1865_.
+
+Whereas, pursuant to the order of the President and as a means required
+by the public safety, directions were issued from this Department, under
+date of the 17th of December, 1864, requiring passports from all
+travelers entering the United States, except immigrant passengers
+directly entering an American port from a foreign country; and
+
+Whereas the necessities which required the adoption of that measure are
+believed no longer to exist:
+
+Now, therefore, the President directs that from and after this date the
+order above referred to shall be, and the same is hereby, rescinded.
+
+Nothing in this regulation, however, will be construed to relieve from
+due accountability any enemies of the United States or offenders against
+their peace and dignity who may hereafter seek to enter the country or
+at any time be found within its lawful jurisdiction.
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., June 2, 1865_.
+
+Whereas by an act of Congress approved March 3, 1865, there was
+established in the War Department a Bureau of Refugees, Freedmen, and
+Abandoned Lands, and to which, in accordance with the said act of
+Congress, is committed the supervision and management of all abandoned
+lands and the control of all subjects relating to refugees and freedmen
+from rebel States, or from any district of country within the territory
+embraced in the operations of the Army, under such rules and regulations
+as may be prescribed by the head of the Bureau and approved by the
+President; and
+
+Whereas it appears that the management of abandoned lands and subjects
+relating to refugees and freedmen, as aforesaid, have been and still
+are, by orders based on military exigencies or legislation based on
+previous statutes, partly in the hands of military officers disconnected
+with said Bureau and partly in charge of officers of the Treasury
+Department: It is therefore
+
+_Ordered_, That all officers of the Treasury Department, all military
+officers, and all others in the service of the United States turn over
+to the authorized officers of said Bureau all abandoned lands and
+property contemplated in said act of Congress approved March 3, 1865,
+establishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that
+may now be under or within their control. They will also turn over to
+such officers all funds collected by tax or otherwise for the benefit of
+refugees or freedmen or accruing from abandoned lands or property set
+apart for their use, and will transfer to them all official records
+connected with the administration of affairs which pertain to said
+Bureau.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 109.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 6, 1865_.
+
+ORDER FOR THE DISCHARGE OF CERTAIN PRISONERS OF WAR.
+
+The prisoners of war at the several depots in the North will be
+discharged under the following regulations and restrictions:
+
+I. All enlisted men of the rebel army and petty officers and seamen of
+the rebel navy will be discharged upon taking the oath of allegiance.
+
+II. Officers of the rebel army not above the grade of captain and of
+the rebel navy not above the grade of lieutenant, except such as have
+graduated at the United States Military or Naval academies and such
+as held a commission in either the United States Army or Navy at the
+beginning of the rebellion, may be discharged upon taking the oath
+of allegiance.
+
+III. When the discharges hereby ordered are completed, regulations will
+be issued in respect to the discharge of officers having higher rank
+than captain in the army or lieutenant in the navy.
+
+IV. The several commanders of prison stations will discharge each day as
+many of the prisoners hereby authorized to be discharged as proper rolls
+can be prepared for, beginning with those who have been longest in
+prison and from the most remote points of the country; and certified
+rolls will be forwarded daily to the Commissary-General of Prisoners of
+those so discharged. The oath of allegiance only will be administered,
+but notice will be given that all who desire will be permitted to take
+the oath of amnesty after their release, in accordance with the
+regulations of the Department of State respecting the amnesty.
+
+V. The Quartermaster's Department will furnish transportation to all
+released prisoners to the nearest accessible point to their homes, by
+rail or by steamboat.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, June 6, 1865_.
+
+Whereas circumstances of recent occurrence have made it no longer
+necessary to continue the prohibition of the departure for her
+destination of the gunboat _Fusyama_, built at New York for the Japanese
+Government, it is consequently ordered that that prohibition be removed.
+The Secretary of the Treasury will therefore cause a clearance to be
+issued to the _Fusyama_, and the Secretary of the Navy will not allow
+any obstacle thereto.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, June 13, 1865.]
+
+CIRCULAR.
+
+ATTORNEY-GENERAL'S OFFICE,
+
+_Washington, June 7, 1865_.
+
+By direction of the President, all persons belonging to the excepted
+classes enumerated in the President's amnesty proclamation of May 29,
+1865, who may make special applications to the President for pardon are
+hereby notified that before their respective applications will be
+considered it must be shown that they have respectively taken and
+subscribed the oath (or affirmation) in said proclamation prescribed.
+Every such person desiring a special pardon should make personal
+application in writing therefor, and should transmit with such
+application the original oath (or affirmation) as taken and subscribed
+before an officer authorized under the rules and regulations promulgated
+by the Secretary of State to administer the amnesty oath prescribed in
+the said proclamation of the President.
+
+JAMES SPEED,
+
+_Attorney-General_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, D.C., June 9, 1865_.
+
+It is represented to me in a communication from the Secretary of the
+Interior that Indians in New Mexico have been seized and reduced into
+slavery, and it is recommended that the authority of the executive
+branch of the Government should be exercised for the effectual
+suppression of a practice which is alike in violation of the rights
+of the Indians and of the provisions of the organic law of the said
+Territory.
+
+Concurring in this recommendation, I do hereby order that the heads
+of the several Executive Departments do enjoin upon the subordinates,
+agents, and employees under their respective orders or supervision in
+that Territory to discountenance the practice aforesaid and to take all
+lawful means to suppress the same.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL COURT-MARTIAL ORDERS, No. 356.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, July 5, 1865_.
+
+I. Before a military commission which convened at Washington, D.C.,
+May 9, 1865, pursuant to paragraph 4 of Special Orders, No. 211,
+dated May 6, 1865, and paragraph 91 of Special Orders, No. 216, dated
+May 9, 1865, War Department, Adjutant-General's Office, Washington,
+and of which Major-General David Hunter, United States Volunteers, is
+president, were arraigned and tried David E. Herold, G.A. Atzerodt,
+Lewis Payne, Mary E. Surratt, Michael O'Laughlin, Edward Spangler,
+Samuel Arnold, and Samuel A. Mudd.
+
+
+CHARGE I.
+
+For maliciously, unlawfully, and traitorously, and in aid of the
+existing armed rebellion against the United States of America, on or
+before the 6th day of March, A.D. 1865, and on divers other days between
+that day and the 15th day of April, A.D. 1865, combining, confederating,
+and conspiring together with one John H. Surratt, John Wilkes Booth,
+Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson,
+William C. Cleary, Clement C. Clay, George Harper, George Young, and
+others unknown to kill and murder, within the Military Department of
+Washington, and within the fortified and intrenched lines thereof,
+Abraham Lincoln, late, and at the time of said combining, confederating,
+and conspiring, President of the United States of America and Commander
+in Chief of the Army and Navy thereof; Andrew Johnson, now
+Vice-President of the United States aforesaid; William H. Seward,
+Secretary of State of the United States aforesaid; and Ulysses S. Grant,
+Lieutenant-General of the Army of the United States aforesaid, then in
+command of the armies of the United States, under the direction of the
+said Abraham Lincoln; and in pursuance of and in prosecuting said
+malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of
+said rebellion, afterwards, to wit, on the 14th day of April, A.D. 1865,
+within the Military Department of Washington aforesaid, and within the
+fortified and intrenched lines of said military department, together
+with said John Wilkes Booth and John H. Surratt, maliciously,
+unlawfully, and traitorously murdering the said Abraham Lincoln, then
+President of the United States and Commander in Chief of the Army and
+Navy of the United States as aforesaid; and maliciously, unlawfully, and
+traitorously assaulting, with intent to kill and murder, the said
+William H. Seward, then Secretary of State of the United States as
+aforesaid; and lying in wait, with intent maliciously, unlawfully, and
+traitorously to kill and murder the said Andrew Johnson, then being
+Vice-President of the United States, and the said Ulysses S. Grant, then
+being Lieutenant-General and in command of the armies of the United
+States as aforesaid.
+
+
+SPECIFICATION FIRST.
+
+In this, that they, the said David E. Herold, Edward Spangler, Lewis
+Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A.
+Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and
+John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis,
+George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary,
+Clement C. Clay, George Harper, George Young, and, others unknown,
+citizens of the United States aforesaid, and who were then engaged In
+armed rebellion against the United States of America, within the limits
+thereof, did, in aid of said armed rebellion, on or before the 6th day
+of March, A.D. 1865, and on divers other days and times between that day
+and the 15th day of April, A.D. 1865, combine, confederate, and conspire
+together at Washington City, within the Military Department of
+Washington, and within the intrenched fortifications and military lines
+of the said United States there being, unlawfully, maliciously, and
+traitorously to kill and murder Abraham Lincoln, then President of the
+United States aforesaid and Commander in Chief of the Army and Navy
+thereof; and unlawfully, maliciously, and traitorously to kill and
+murder Andrew Johnson, now Vice-President of the said United States,
+upon whom, on the death of said Abraham Lincoln, after the 4th day of
+March, A.D. 1865, the office of President of the said United States and
+Commander in Chief of the Army and Navy thereof would devolve; and to
+unlawfully, maliciously, and traitorously kill and murder Ulysses S.
+Grant, then Lieutenant-General, and, under the direction of the said
+Abraham Lincoln, in command of the armies of the United States
+aforesaid; and unlawfully, maliciously, and traitorously to kill and
+murder William H. Seward, then Secretary of State of the United States
+aforesaid, whose duty it was by law, upon the death of said President
+and Vice-President of the United States aforesaid, to cause an election
+to be held for electors of President of the United States--the
+conspirators aforesaid designing and intending by the killing and murder
+of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and
+William H. Seward, as aforesaid, to deprive the Army and Navy of the
+said United States of a constitutional Commander in Chief, and to
+deprive the armies of the United States of their lawful commander, and
+to prevent a lawful election of President and Vice-President of the
+United States aforesaid, and by the means aforesaid to aid and comfort
+the insurgents engaged in armed rebellion against the said United States
+as aforesaid, and thereby to aid in the subversion and overthrow of the
+Constitution and laws of the said United States.
+
+And being so combined, confederated, and conspiring together in the
+prosecution of said unlawful and traitorous conspiracy, on the night of
+the 14th day of April, A.D. 1865, at the hour of about 10 o'clock and 15
+minutes p.m., at Ford's Theater, on Tenth street, in the city of
+Washington, and within the military department and military lines
+aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in
+pursuance of said unlawful and traitorous conspiracy, did then and there
+unlawfully, maliciously, and traitorously, and with intent to kill and
+murder the said Abraham Lincoln, discharge a pistol then held in the
+hands of him, the said Booth, the same being then loaded with powder and
+a leaden ball, against and upon the left and posterior side of the head
+of the said Abraham Lincoln, and did thereby then and there inflict upon
+him, the said Abraham Lincoln, then President of the said United States
+and Commander in Chief of the Army and Navy thereof, a mortal wound,
+whereof afterwards, to wit, on the 15th day of April, A.D. 1865, at
+Washington City aforesaid, the said Abraham Lincoln died; and thereby
+then and there, and in pursuance of said conspiracy, the said defendants
+and the said John Wilkes Booth and John H. Surratt did unlawfully,
+traitorously, and maliciously, and with the intent to aid the rebellion
+as aforesaid, kill and murder the said Abraham Lincoln, President of the
+United States as aforesaid.
+
+And in further prosecution of the unlawful and traitorous conspiracy
+aforesaid and of the murderous and traitorous intent of said conspiracy,
+the said Edward Spangler, on said 14th day of April, A.D. 1865, at about
+the same hour of that day as aforesaid, within said military department
+and the military lines aforesaid, did aid and assist the said John
+Wilkes Booth to obtain entrance to the box in said theater in which said
+Abraham Lincoln was sitting at the time he was assaulted and shot, as
+aforesaid, by John Wilkes Booth; and also did then and there aid said
+Booth in barring and obstructing the door of the box of said theater, so
+as to hinder and prevent any assistance to or rescue of the said Abraham
+Lincoln against the murderous assault of the said John Wilkes Booth, and
+did aid and abet him in making his escape after the said Abraham Lincoln
+had been murdered in manner aforesaid.
+
+And in further prosecution of said unlawful, murderous, and traitorous
+conspiracy, and in pursuance thereof, and with the intent as aforesaid,
+the said David B. Herold did, on the night of the 14th of April, A.D.
+1865, within the military department and military lines aforesaid, aid,
+abet, and assist the said John Wilkes Booth in the killing and murder of
+the said Abraham Lincoln, and did then and there aid and abet and assist
+him, the said John Wilkes Booth, in attempting to escape through the
+military lines aforesaid, and did accompany and assist the said John
+Wilkes Booth in attempting to conceal himself and escape from justice
+after killing and murdering said Abraham Lincoln, as aforesaid.
+
+And in further prosecution of said unlawful and traitorous conspiracy
+and of the intent thereof as aforesaid, the said Lewis Payne did, on the
+same night of the 14th day of April, A.D. 1865, about the same hour of
+10 o'clock and 15 minutes p.m., at the city of Washington, and within
+the military department and the military lines aforesaid, unlawfully and
+maliciously make an assault upon the said William H. Seward, Secretary
+of State, as aforesaid, in the dwelling house and bedchamber of him, the
+said William H. Seward, and the said Payne did then and there, with a
+large knife held in his hand, unlawfully, traitorously, and in pursuance
+of said conspiracy, strike, stab, cut, and attempt to kill and murder
+the said William H. Seward, and did thereby then and there, and with the
+intent aforesaid, with said knife, inflict upon the face and throat of
+the said William H. Seward divers grievous wounds; and the said Lewis
+Payne, in further prosecution of said conspiracy, at the same time and
+place last aforesaid, did attempt, with the knife aforesaid and a pistol
+held in his hand, to kill and murder Frederick W. Seward, Augustus H.
+Seward, Emrick W. Hansell, and George F. Robinson, who were then
+striving to protect and rescue the said William H. Seward from murder by
+the said Lewis Payne, and did then and there, with said knife and pistol
+held in his hands, inflict upon the head of said Frederick W. Seward and
+upon the persons of said Augustus H. Seward, Emrick W. Hansell, and
+George F. Robinson divers grievous and dangerous wounds, with intent
+then and there to kill and murder the said Frederick W. Seward, Augustus
+H. Seward, Emrick W. Hansell, and George F. Robinson.
+
+And in further prosecution of said conspiracy and its traitorous and
+murderous designs, the said George A. Atzerodt did, on the night of the
+14th of April, A.D. 1865, and about the same hour of the night
+aforesaid, within the military department and the military lines
+aforesaid, lie in wait for Andrew Johnson, then Vice-President of the
+United States aforesaid, with the intent unlawfully and maliciously to
+kill and murder him, the said Andrew Johnson.
+
+And in the further prosecution of the conspiracy aforesaid and of its
+murderous and treasonable purposes aforesaid, on the nights of the 13th
+and 14th of April, A.D. 1865, at Washington City, and within the
+military department and military lines aforesaid, the said Michael
+O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+Lieutenant-General and commander of the armies of the United States as
+aforesaid, with intent then and there to kill and murder the said
+Ulysses S. Grant.
+
+And in further prosecution of said conspiracy, the said Samuel Arnold
+did, within the military department and military lines aforesaid, on or
+before the 6th day of March, A.D. 1865, and on divers other days and
+times between that day and the 15th day of April, A.D. 1865, combine,
+conspire with, and aid, counsel, abet, comfort, and support the said
+John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin,
+and their confederates in said unlawful, murderous, and traitorous
+conspiracy and in the execution thereof, as aforesaid.
+
+And in further prosecution of the said conspiracy, Mary B. Surratt did,
+at Washington City, and within the military department and military
+lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+divers other days and times between that day and the 20th day of April,
+A.D. 1865, receive, entertain, harbor and conceal, aid and assist, the
+said John Wilkes Booth, David B. Herold, Lewis Payne, John H. Surratt,
+Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their
+confederates, with knowledge of the murderous and traitorous conspiracy
+aforesaid, and with intent to aid, abet, and assist them in the
+execution thereof and in escaping from justice after the murder of the
+said Abraham Lincoln, as aforesaid.
+
+And in further prosecution of said conspiracy, the said Samuel A. Mudd
+did, at Washington City, and within the military department and military
+lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+divers other days and times between that day and the 20th day of April,
+A.D. 1865, advise, encourage, receive, entertain, harbor and conceal,
+aid and assist, the said John Wilkes Booth, David B. Herold, Lewis
+Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary B.
+Surratt, and Samuel Arnold, and their confederates, with knowledge of
+the murderous and traitorous conspiracy aforesaid, and with intent to
+aid, abet, and assist them in the execution thereof and in escaping from
+justice after the murder of the said Abraham Lincoln, in pursuance of
+said conspiracy, in manner aforesaid.
+
+To which charge and specification the accused, David B. Herold, G.A.
+Atzerodt, Lewis Payne, Mary B. Surratt, Michael O'Laughlin, Edward
+Spangler, Samuel Arnold, and Samuel A. Mudd, pleaded "not guilty."
+
+
+FINDINGS AND SENTENCES.
+
+1. In the case of David B. Herold, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; as to which part thereof, not guilty."
+
+Of the charge, "Guilty, except the words of the charge that he combined,
+confederated, and conspired with Edward Spangler; as to which part of
+said charge, not guilty."
+
+And the commission does therefore sentence him, the said David B.
+Herold, "To be hanged by the neck until he be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+2. In the case of George A. Atzerodt, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said George A.
+Atzerodt, "To be hung by the neck until he be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+3. In the case of Lewis Payne, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Lewis Payne,
+"To be hung by the neck until he be dead, at such time and place as the
+President of the United States shall direct; two-thirds of the members
+of the commission concurring therein."
+
+4. In the case of Mary B. Surratt, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except as to receiving, entertaining,
+harboring, and concealing Samuel Arnold and Michael O'Laughlin, and
+except as to combining, confederating, and conspiring with Edward
+Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except as to combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence her, the said Mary B.
+Surratt, "To be hung by the neck until she be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+5. In the case of Michael O'Laughlin, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except the words thereof as follows: 'And
+in the further prosecution of the conspiracy aforesaid and of its
+murderous and treasonable purposes aforesaid, on the nights of the 13th
+and 14th of April, A.D. 1865, at Washington City, and within the
+military department and military lines aforesaid, the said Michael
+O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+Lieutenant-General and commander of the armies of the United States,
+with intent then and there to kill and murder the said Ulysses S.
+Grant;' of said words, not guilty; and except combining, confederating,
+and conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Michael
+O'Laughlin, "To be imprisoned at hard labor for life at such
+penitentiary as the President of the United States shall designate."
+
+6. In the case of Edward Spangler, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Not guilty, except as to the words, 'The said
+Edward Spangler, on said 14th day of April, A.D. 1865, at about the same
+hour of that day as aforesaid, within said military department and the
+military lines aforesaid, did aid and abet him (meaning John Wilkes
+Booth) in making his escape after the said Abraham Lincoln had been
+murdered in manner aforesaid;' and of these words, guilty."
+
+Of the charge, "Not guilty, but guilty of having feloniously and
+traitorously aided and abetted John Wilkes Booth in making his escape
+after having killed and murdered Abraham Lincoln, President of the
+United States, he the said Edward Spangler, at the time of aiding and
+abetting as aforesaid, well knowing that the said Abraham Lincoln,
+President as aforesaid, had been murdered by the said John Wilkes Booth,
+as aforesaid."
+
+And the commission does therefore sentence him, the said Edward
+Spangler, "To be confined at hard labor for the period of six years at
+such penitentiary as the President of the United States shall
+designate."
+
+7. In the case of Samuel Arnold, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Samuel Arnold,
+"To be imprisoned at hard labor for life at such penitentiary as the
+President of the United States shall designate."
+
+8. In the case of Samuel A. Mudd, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty; and except
+receiving, entertaining, harboring, and concealing Lewis Payne, John H.
+Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and
+Samuel Arnold; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Samuel A. Mudd,
+"To be imprisoned at hard labor for life at such penitentiary as the
+President of the United States shall designate."
+
+
+II. The proceedings, findings, and sentences in the foregoing cases
+having been submitted to the President of the United States, the
+following are his orders:
+
+
+EXECUTIVE MANSION, _July 5, 1865_.
+
+The foregoing sentences in the cases of David E. Herold, George A.
+Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it
+is ordered that the sentences in the cases of David E. Herold, G.A.
+Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by
+the proper military authority, under the direction of the Secretary of
+War, on the 7th day of July, 1865, between the hours of 10 o'clock a.m.
+and 2 o'clock p.m. of that day. It is further ordered that the prisoners
+Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin
+be confined at hard labor in the penitentiary at Albany, N.Y., during
+the period designated in their respective sentences.
+
+ANDREW JOHNSON, _President_.
+
+
+III. Major-General W.S. Hancock, United States Volunteers, commanding
+Middle Military Division, is commanded to cause the foregoing sentences
+in the cases of David E. Herold, G.A. Atzerodt, Lewis Payne, and Mary E.
+Surratt to be duly executed in accordance with the President's order.
+
+
+EXECUTIVE MANSION, _July 15, 1865_.
+
+IV. The Executive order dated July 5, 1865, approving the sentences in
+the cases of Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael
+O'Laughlin, is hereby modified so as to direct that the said Arnold,
+Mudd, Spangler, and O'Laughlin be confined at hard labor in the military
+prison at Dry Tortugas, Florida, during the period designated in their
+respective sentences.
+
+The Adjutant-General of the Army is directed to issue orders for the
+said prisoners to be transported to the Dry Tortugas, and to be confined
+there accordingly.
+
+ANDREW JOHNSON, _President_.
+
+
+V. Major-General W.S. Hancock, United States Volunteers, commanding
+Middle Military Division, is commanded to send the prisoners Samuel
+Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, under
+charge of a commissioned officer, with a sufficient guard, to the Dry
+Tortugas, Florida, where they will be delivered to the commanding
+officer of the post, who is hereby ordered to confine the said Arnold,
+Mudd, Spangler, and O'Laughlin at hard labor during the periods
+designated in their respective sentences.
+
+VI. The military commission of which Major-General David Hunter is
+president is hereby dissolved.
+
+By command of the President of the United States:
+
+E.D. TOWNSEND, _Assistant Adjutant-General_.
+
+
+
+WASHINGTON, _August 7, 1865_.
+
+An impression seems to prevail that the interests of persons having
+business with the executive government require that they should have
+personal interviews with the President or heads of Departments. As this
+impression is believed to be entirely unfounded, it is expected that
+applications relating to such business will hereafter be made in writing
+to the head of that Department to which the business may have been
+assigned by law. Those applications will in their order be considered
+and disposed of by heads of Departments, subject to the approval of the
+President. This order is made necessary by the unusual numbers of
+persons visiting the seat of Government. It is impracticable to grant
+personal interviews to all of them, and desirable that there should be
+no invidious distinction in this respect. Similar business of persons
+who can not conveniently leave their homes must be neglected if the time
+of the executive officers here is engrossed by personal interviews with
+others.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, August 26, 1865.]
+
+DEPARTMENT OF STATE,
+
+_Washington, August 25, 1865_.
+
+Paroled prisoners asking passports as citizens of the United States, and
+against whom no special charges may be pending, will be furnished with
+passports upon application therefor to the Department of State in the
+usual form. Such passports will, however, be issued upon the condition
+that the applicants do not return to the United States without leave of
+the President. Other persons implicated in the rebellion who may wish to
+go abroad will apply to the Department of State for passports, and the
+applications will be disposed of according to the merits of the several
+cases.
+
+By the President of the United States:
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE OFFICE, _September 7, 1865_.
+
+_It is hereby ordered_, That so much of the Executive order bearing date
+the 7th [2d] day of June, 1865, as made it the duty of all officers
+of the Treasury Department, military officers, and all others in the
+service of the United States to turn over to the authorized officers
+of the Bureau of Refugees, Freedmen, and Abandoned Lands all funds
+collected by tax or otherwise for the benefit of refugees or freedmen,
+or accruing from abandoned lands or property set apart for their use,
+be, and the same is hereby, suspended.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+GENERAL ORDERS, No. 138.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, September 16, 1865_.
+
+To provide for the transportation required by the Bureau of Refugees,
+Freedmen, and Abandoned Lands--
+
+_It is ordered_, That upon the requisition of the Commissioner or the
+assistant commissioners of the Bureau transportation be furnished such
+destitute refugees and freedmen as are dependent upon the Government for
+support to points where they can procure employment and subsistence and
+support themselves, and thus relieve the Government, provided such
+transportation be confined by assistant commissioners within the limits
+of their jurisdiction.
+
+Second. Free transportation on Government transports and United States
+military railroads will be furnished to such teachers only of refugees
+and freedmen, and persons laboring voluntarily in behalf of refugees and
+freedmen, as may be duly accredited by the Commissioner or assistant
+commissioners of the Bureau.
+
+All stores and schoolbooks necessary to the subsistence, comfort, and
+instruction of dependent refugees and freedmen may be transported at
+Government expense, when such stores and books shall be turned over to
+the officers of the Quartermaster's Department, with the approval of the
+assistant commissioners, Commissioner, or department commander, the same
+to be transported as public stores, consigned to the quartermaster of
+the post to which they are destined, who, after inspection, will turn
+them over to the assistant commissioners or Bureau agent for whom they
+are intended for distribution.
+
+All army officers traveling on public duty, under the orders of the
+commissioners, within the limits of their respective jurisdictions, will
+be entitled to mileage or actual cost of transportation, according to
+the revised Army Regulations, when transportation has not been furnished
+them by the Quartermaster's Department.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_
+
+
+
+SPECIAL ORDERS, NO. 503.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, September 19, 1865_.
+
+ * * * * *
+
+It has been represented to the Department that commanders of
+military posts and districts in Georgia, and particularly Brevet
+Brigadier-General C.H. Grosvenor, provost-marshal-general, and Brevet
+Major-General King, commanding in the district of Augusta, have assumed
+to decide questions of contracts and conflicting claims of property
+between individuals, and to order the delivery, surrender, or transfer
+of property and documents of title as between private persons, in which
+the Government is not concerned.
+
+All such acts and proceedings on the part of military authorities in
+said State are declared by the President to be without authority and
+null and void.
+
+All military commanders and authorities within said State are strictly
+ordered to abstain from any such acts, and not in any way to interfere
+with or assume to adjudicate any right, title, or claim of property
+between private individuals, and to suspend all action upon any orders
+heretofore made in respect to the ownership or delivery of property and
+the validity of contracts between private persons.
+
+They are also forbidden from being directly or indirectly interested in
+any sales or contracts for cotton or other products of said State, and
+from using or suffering to be used any Government transportation for the
+transporting of cotton or other products of said State for or in behalf
+of private persons on any pretense whatever.
+
+Military officers have no authority to interfere in any way in questions
+of sale or contracts of any kind between individuals or to decide any
+question of property between them without special instructions from this
+Department authorizing their action, and the usurpation of such power
+will be treated as a grave military offense.
+
+Major-General Steedman, commanding the Department of Georgia,
+is specially charged with the enforcement of this order, and
+directed to make report as to any acts, proceedings, or orders
+of Brevet Major-General King and Brevet Brigadier-General Grosvenor,
+provost-marshal-general, in regard to contracts or conflicting claims
+of individuals in relation to cotton or other products, and to suspend
+all action upon any such orders until further instructions.
+
+By order of the President of the United States.
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 145.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, October 9, 1865_.
+
+Whereas certain tracts of land, situated on the coast of South Carolina,
+Georgia, and Florida, at the time for the most part vacant, were set
+apart by Major-General W. T. Sherman's special field order No. 15 for
+the benefit of refugees and freedmen that had been congregated by the
+operations of war or had been left to take care of themselves by their
+former owners; and
+
+Whereas an expectation was thereby created that they would be able to
+retain possession of said lands; and
+
+Whereas a large number of the former owners are earnestly soliciting the
+restoration of the same and promising to absorb the labor and care for
+the freedmen:
+
+_It is ordered_, That Major-General Howard, Commissioner of the
+Bureau of Refugees, Freedmen, and Abandoned Lands, proceed to the
+several above-named States and endeavor to effect an arrangement
+mutually satisfactory to the freedmen and the landowners, and make
+report. And in case a mutually satisfactory arrangement can be effected,
+he is duly empowered and directed to issue such orders as may become
+necessary, after a full and careful investigation of the interests of
+the parties concerned.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE OFFICE, _October 11, 1865_.
+
+Whereas the following-named persons, to wit, John A. Campbell, of
+Alabama; John H. Reagan, of Texas; Alexander H. Stephens, of Georgia;
+George A. Trenholm, of South Carolina, and Charles Clark, of
+Mississippi, lately engaged in rebellion against the United States
+Government, who are now in close custody, have made their submission to
+the authority of the United States and applied to the President for
+pardon under his proclamation; and
+
+Whereas the authority of the Federal Government is sufficiently restored
+in the aforesaid States to admit of the enlargement of said persons from
+close custody:
+
+_It is ordered_, That they be released on giving their respective
+paroles to appear at such time and place as the President may designate
+to answer any charge that he may direct to be preferred against them,
+and also that they will respectively abide until further orders in the
+places herein designated, and not depart therefrom, to wit:
+
+John A. Campbell, in the State of Alabama; John H. Reagan, in the State
+of Texas; Alexander H. Stephens, in the State of Georgia; George A.
+Trenholm, in the State of South Carolina; and Charles Clark, in the
+State of Mississippi. And if the President should grant his pardon to
+any of said persons, such person's parole will be thereby discharged.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington City, November 11, 1865_.
+
+_Ordered_, That the civil and military agents of the Government transfer
+to the assistant commissioner of the Bureau of Refugees, Freedmen, and
+Abandoned Lands for Alabama the use and custody of all real estate,
+buildings, or other property, except cotton, seized or held by them in
+that State as belonging to the late rebel government, together with
+all such funds as may arise or have arisen from the rent, sale, or
+disposition of such property which have not been finally paid into
+the Treasury of the United States.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+GENERAL ORDERS, N0. 164.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, November 24, 1865_.
+
+_Ordered_, That--
+
+I. All persons claiming reward for the apprehension of John Wilkes
+Booth, Lewis Payne, G.A. Atzerodt, and David E. Herold, and Jefferson
+Davis, or either of them, are notified to file their claims and their
+proofs with the Adjutant-General for final adjudication by the special
+commission appointed to award and determine upon the validity of such
+claims before the 1st day of January next, after which time no claims
+will be received.
+
+II. The rewards offered for the arrest of Jacob Thompson, Beverley
+Tucker, George N. Sanders, William G. Cleary, and John H. Surratt are
+revoked.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+WASHINGTON, _December 4, 1865_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+To express gratitude to God in the name of the people for the
+preservation of the United States is my first duty in addressing you.
+Our thoughts next revert to the death of the late President by an act
+of parricidal treason. The grief of the nation is still fresh. It finds
+some solace in the consideration that he lived to enjoy the highest
+proof of its confidence by entering on the renewed term of the Chief
+Magistracy to which he had been elected; that he brought the civil war
+substantially to a close; that his loss was deplored in all parts of the
+Union, and that foreign nations have rendered justice to his memory.
+His removal cast upon me a heavier weight of cares than ever devolved
+upon any one of his predecessors. To fulfill my trust I need the support
+and confidence of all who are associated with me in the various
+departments of Government and the support and confidence of the people.
+There is but one way in which I can hope to gain their necessary aid.
+It is to state with frankness the principles which guide my conduct, and
+their application to the present state of affairs, well aware that the
+efficiency of my labors will in a great measure depend on your and their
+undivided approbation.
+
+The Union of the United States of America was intended by its authors to
+last as long as the States themselves shall last. "The Union shall be
+perpetual" are the words of the Confederation. "To form a more perfect
+Union," by an ordinance of the people of the United States, is the
+declared purpose of the Constitution. The hand of Divine Providence was
+never more plainly visible in the affairs of men than in the framing and
+the adopting of that instrument. It is beyond comparison the greatest
+event in American history, and, indeed, is it not of all events in
+modern times the most pregnant with consequences for every people of the
+earth? The members of the Convention which prepared it brought to their
+work the experience of the Confederation, of their several States, and
+of other republican governments, old and new; but they needed and they
+obtained a wisdom superior to experience. And when for its validity it
+required the approval of a people that occupied a large part of a
+continent and acted separately in many distinct conventions, what is
+more wonderful than that, after earnest contention and long discussion,
+all feelings and all opinions were ultimately drawn in one way to its
+support? The Constitution to which life was thus imparted contains
+within itself ample resources for its own preservation. It has power
+to enforce the laws, punish treason, and insure domestic tranquillity.
+In case of the usurpation of the government of a State by one man or
+an oligarchy, it becomes a duty of the United States to make good the
+guaranty to that State of a republican form of government, and so to
+maintain the homogeneousness of all. Does the lapse of time reveal
+defects? A simple mode of amendment is provided in the Constitution
+itself, so that its conditions can always be made to conform to the
+requirements of advancing civilization. No room is allowed even for the
+thought of a possibility of its coming to an end. And these powers of
+self-preservation have always been asserted in their complete integrity
+by every patriotic Chief Magistrate--by Jefferson and Jackson not less
+than by Washington and Madison. The parting advice of the Father of his
+Country, while yet President, to the people of the United States was
+that the free Constitution, which was the work of their hands, might be
+sacredly maintained; and the inaugural words of President Jefferson
+held up "the preservation of the General Government in its whole
+constitutional vigor as the sheet anchor of our peace at home and safety
+abroad." The Constitution is the work of "the people of the United
+States," and it should be as indestructible as the people.
+
+It is not strange that the framers of the Constitution, which had no
+model in the past, should not have fully comprehended the excellence of
+their own work. Fresh from a struggle against arbitrary power, many
+patriots suffered from harassing fears of an absorption of the State
+governments by the General Government, and many from a dread that the
+States would break away from their orbits. But the very greatness
+of our country should allay the apprehension of encroachments by the
+General Government, The subjects that come unquestionably within its
+jurisdiction are so numerous that it must ever naturally refuse to be
+embarrassed by questions that lie beyond it. Were it otherwise the
+Executive would sink beneath the burden, the channels of justice would
+be choked, legislation would be obstructed by excess, so that there is
+a greater temptation to exercise some of the functions of the General
+Government through the States than to trespass on their rightful sphere.
+The "absolute acquiescence in the decisions of the majority" was at the
+beginning of the century enforced by Jefferson as "the vital principle
+of republics;" and the events of the last four years have established,
+we will hope forever, that there lies no appeal to force.
+
+The maintenance of the Union brings with it "the support of the State
+governments in all their rights," but it is not one of the rights of any
+State government to renounce its own place in the Union or to nullify
+the laws of the Union. The largest liberty is to be maintained in the
+discussion of the acts of the Federal Government, but there is no appeal
+from its laws except to the various branches of that Government itself,
+or to the people, who grant to the members of the legislative and of the
+executive departments no tenure but a limited one, and in that manner
+always retain the powers of redress.
+
+"The sovereignty of the States" is the language of the Confederacy, and
+not the language of the Constitution. The latter contains the emphatic
+words--
+
+ This Constitution and the laws of the United States which shall be made
+ in pursuance thereof, and all treaties made or which shall be made under
+ the authority of the United States, shall be the supreme law of the
+ land, and the judges in every State shall be bound thereby, anything in
+ the constitution or laws of any State to the contrary notwithstanding.
+
+
+Certainly the Government of the United States is a limited government,
+and so is every State government a limited government. With us this idea
+of limitation spreads through every form of administration--general,
+State, and municipal--and rests on the great distinguishing principle of
+the recognition of the rights of man. The ancient republics absorbed
+the individual in the state--prescribed his religion and controlled
+his activity. The American system rests on the assertion of the equal
+right of every man to life, liberty, and the pursuit of happiness, to
+freedom of conscience, to the culture and exercise of all his faculties.
+As a consequence the State government is limited--as to the General
+Government in the interest of union, as to the individual citizen in the
+interest of freedom.
+
+States, with proper limitations of power, are essential to the existence
+of the Constitution of the United States. At the very commencement, when
+we assumed a place among the powers of the earth, the Declaration of
+Independence was adopted by States; so also were the Articles of
+Confederation; and when "the people of the United States" ordained and
+established the Constitution it was the assent of the States, one by
+one, which gave it vitality. In the event, too, of any amendment to the
+Constitution, the proposition of Congress needs the confirmation of
+States. Without States one great branch of the legislative government
+would be wanting. And if we look beyond the letter of the Constitution
+to the character of our country, its capacity for comprehending within
+its jurisdiction a vast continental empire is due to the system of
+States. The best security for the perpetual existence of the States is
+the "supreme authority" of the Constitution of the United States. The
+perpetuity of the Constitution brings with it the perpetuity of the
+States; their mutual relation makes us what we are, and in our political
+system their connection is indissoluble. The whole can not exist without
+the parts, nor the parts without the whole. So long as the Constitution
+of the United States endures, the States will endure. The destruction of
+the one is the destruction of the other; the preservation of the one is
+the preservation of the other.
+
+I have thus explained my views of the mutual relations of the
+Constitution and the States, because they unfold the principles on
+which I have sought to solve the momentous questions and overcome the
+appalling difficulties that met me at the very commencement of my
+Administration. It has been my steadfast object to escape from the
+sway of momentary passions and to derive a healing policy from the
+fundamental and unchanging principles of the Constitution.
+
+I found the States suffering from the effects of a civil war. Resistance
+to the General Government appeared to have exhausted itself. The United
+States had recovered possession of their forts and arsenals, and their
+armies were in the occupation of every State which had attempted to
+secede. Whether the territory within the limits of those States should
+be held as conquered territory, under military authority emanating from
+the President as the head of the Army, was the first question that
+presented itself for decision.
+
+Now military governments, established for an indefinite period, would
+have offered no security for the early suppression of discontent, would
+have divided the people into the vanquishers and the vanquished, and
+would have envenomed hatred rather than have restored affection. Once
+established, no precise limit to their continuance was conceivable. They
+would have occasioned an incalculable and exhausting expense. Peaceful
+emigration to and from that portion of the country is one of the best
+means that can be thought of for the restoration of harmony, and that
+emigration would have been prevented; for what emigrant from abroad,
+what industrious citizen at home, would place himself willingly under
+military rule? The chief persons who would have followed in the train of
+the Army would have been dependents on the General Government or men who
+expected profit from the miseries of their erring fellow-citizens. The
+powers of patronage and rule which would have been exercised, under the
+President, over a vast and populous and naturally wealthy region are
+greater than, unless under extreme necessity, I should be willing to
+intrust to any one man. They are such as, for myself, I could never,
+unless on occasions of great emergency, consent to exercise. The willful
+use of such powers, if continued through a period of years, would have
+endangered the purity of the general administration and the liberties of
+the States which remained loyal.
+
+Besides, the policy of military rule over a conquered territory would
+have implied that the States whose inhabitants may have taken part in
+the rebellion had by the act of those inhabitants ceased to exist. But
+the true theory is that all pretended acts of secession were from the
+beginning null and void. The States can not commit treason nor screen
+the individual citizens who may have committed treason any more than
+they can make valid treaties or engage in lawful commerce with any
+foreign power. The States attempting to secede placed themselves in a
+condition where their vitality was impaired, but not extinguished; their
+functions suspended, but not destroyed.
+
+But if any State neglects or refuses to perform its offices there is the
+more need that the General Government should maintain all its authority
+and as soon as practicable resume the exercise of all its functions.
+On this principle I have acted, and have gradually and quietly, and by
+almost imperceptible steps, sought to restore the rightful energy of the
+General Government and of the States. To that end provisional governors
+have been appointed for the States, conventions called, governors
+elected, legislatures assembled, and Senators and Representatives chosen
+to the Congress of the United States. At the same time the courts of the
+United States, as far as could be done, have been reopened, so that the
+laws of the United States may be enforced through their agency. The
+blockade has been removed and the custom-houses reestablished in ports
+of entry, so that the revenue of the United States may be collected. The
+Post-Office Department renews its ceaseless activity, and the General
+Government is thereby enabled to communicate promptly with its officers
+and agents. The courts bring security to persons and property; the
+opening of the ports invites the restoration of industry and commerce;
+the post-office renews the facilities of social intercourse and of
+business. And is it not happy for us all that the restoration of each
+one of these functions of the General Government brings with it a
+blessing to the States over which they are extended? Is it not a sure
+promise of harmony and renewed attachment to the Union that after all
+that has happened the return of the General Government is known only as
+a beneficence?
+
+I know very well that this policy is attended with some risk; that for
+its success it requires at least the acquiescence of the States which it
+concerns; that it implies an invitation to those States, by renewing
+their allegiance to the United States, to resume their functions as
+States of the Union. But it is a risk that must be taken. In the choice
+of difficulties it is the smallest risk; and to diminish and if possible
+to remove all danger, I have felt it incumbent on me to assert one other
+power of the General Government--the power of pardon. As no State can
+throw a defense over the crime of treason, the power of pardon is
+exclusively vested in the executive government of the United States. In
+exercising that power I have taken every precaution to connect it with
+the clearest recognition of the binding force of the laws of the United
+States and an unqualified acknowledgment of the great social change of
+condition in regard to slavery which has grown out of the war.
+
+The next step which I have taken to restore the constitutional relations
+of the States has been an invitation to them to participate in the high
+office of amending the Constitution. Every patriot must wish for a
+general amnesty at the earliest epoch consistent with public safety. For
+this great end there is need of a concurrence of all opinions and the
+spirit of mutual conciliation. All parties in the late terrible conflict
+must work together in harmony. It is not too much to ask, in the name of
+the whole people, that on the one side the plan of restoration shall
+proceed in conformity with a willingness to cast the disorders of the
+past into oblivion, and that on the other the evidence of sincerity in
+the future maintenance of the Union shall be put beyond any doubt by the
+ratification of the proposed amendment to the Constitution, which
+provides for the abolition of slavery forever within the limits of our
+country. So long as the adoption of this amendment is delayed, so long
+will doubt and jealousy and uncertainty prevail. This is the measure
+which will efface the sad memory of the past: this is the measure which
+will most certainly call population and capital and security to those
+parts of the Union that need them most. Indeed, it is not too much to
+ask of the States which are now resuming their places in the family of
+the Union to give this pledge of perpetual loyalty and peace. Until it
+is done the past, however much we may desire it, will not be forgotten.
+The adoption of the amendment reunites us beyond all power of
+disruption; it heals the wound that is still imperfectly closed; it
+removes slavery, the element which has so long perplexed and divided the
+country; it makes of us once more a united people, renewed and
+strengthened, bound more than ever to mutual affection and support.
+
+The amendment to the Constitution being adopted, it would remain for the
+States whose powers have been so long in abeyance to resume their places
+in the two branches of the National Legislature, and thereby complete
+the work of restoration. Here it is for you, fellow-citizens of the
+Senate, and for you, fellow-citizens of the House of Representatives,
+to judge, each of you for yourselves, of the elections, returns, and
+qualifications of your own members.
+
+The full assertion of the powers of the General Government requires the
+holding of circuit courts of the United States within the districts
+where their authority has been interrupted. In the present posture of
+our public affairs strong objections have been urged to holding those
+courts in any of the States where the rebellion has existed; and it was
+ascertained by inquiry that the circuit court of the United States would
+not be held within the district of Virginia during the autumn or early
+winter, nor until Congress should have "an opportunity to consider and
+act on the whole subject." To your deliberations the restoration of
+this branch of the civil authority of the United States is therefore
+necessarily referred, with the hope that early provision will be made
+for the resumption of all its functions. It is manifest that treason,
+most flagrant in character, has been committed. Persons who are charged
+with its commission should have fair and impartial trials in the highest
+civil tribunals of the country, in order that the Constitution and the
+laws may be fully vindicated, the truth clearly established and affirmed
+that treason is a crime, that traitors should be punished and the
+offense made infamous, and, at the same time, that the question may be
+judicially settled, finally and forever, that no State of its own will
+has the right to renounce its place in the Union.
+
+The relations of the General Government toward the 4,000,000 inhabitants
+whom the war has called into freedom have engaged my most serious
+consideration. On the propriety of attempting to make the freed-men
+electors by the proclamation of the Executive I took for my counsel the
+Constitution itself, the interpretations of that instrument by its
+authors and their contemporaries, and recent legislation by Congress.
+When at the first movement toward independence, the Congress of the
+United States instructed the several States to institute governments of
+their own, they left each State to decide for itself the conditions for
+the enjoyment of the elective franchise. During the period of the
+Confederacy there continued to exist a very great diversity in the
+qualifications of electors in the several States, and even within a
+State a distinction of qualifications prevailed with regard to the
+officers who were to be chosen. The Constitution of the United States
+recognizes these diversities when it enjoins that in the choice of
+members of the House of Representatives of the United States "the
+electors in each State shall have the qualifications requisite for
+electors of the most numerous branch of the State legislature." After
+the formation of the Constitution it remained, as before, the uniform
+usage for each State to enlarge the body of its electors according to
+its own judgment, and under this system one State after another has
+proceeded to increase the number of its electors, until now universal
+suffrage, or something very near it, is the general rule. So fixed was
+this reservation of power in the habits of the people and so
+unquestioned has been the interpretation of the Constitution that during
+the civil war the late President never harbored the purpose--certainly
+never avowed the purpose--of disregarding it; and in the acts of
+Congress during that period nothing can be found which, during the
+continuance of hostilities, much less after their close, would have
+sanctioned any departure by the Executive from a policy which has so
+uniformly obtained. Moreover, a concession of the elective franchise to
+the freedmen by act of the President of the United States must have been
+extended to all colored men, wherever found, and so must have
+established a change of suffrage in the Northern, Middle, and Western
+States, not less than in the Southern and Southwestern. Such an act
+would have created a new class of voters, and would have been an
+assumption of power by the President which nothing in the Constitution
+or laws of the United States would have warranted.
+
+On the other hand, every danger of conflict is avoided when the
+settlement of the question is referred to the several States. They can,
+each for itself, decide on the measure, and whether it is to be adopted
+at once and absolutely or introduced gradually and with conditions. In
+my judgment the freedmen, if they show patience and manly virtues, will
+sooner obtain a participation in the elective franchise through the
+States than through the General Government, even if it had power to
+intervene. When the tumult of emotions that have been raised by the
+suddenness of the social change shall have subsided, it may prove that
+they will receive the kindest usage from some of those on whom they have
+heretofore most closely depended.
+
+But while I have no doubt that now, after the close of the war, it
+is not competent for the General Government to extend the elective
+franchise in the several States, it is equally clear that good faith
+requires the security of the freedmen in their liberty and their
+property, their right to labor, and their right to claim the just return
+of their labor. I can not too strongly urge a dispassionate treatment
+of this subject, which should be carefully kept aloof from all party
+strife. We must equally avoid hasty assumptions of any natural
+impossibility for the two races to live side by side in a state of
+mutual benefit and good will. The experiment involves us in no
+inconsistency; let us, then, go on and make that experiment in good
+faith, and not be too easily disheartened. The country is in need of
+labor, and the freedmen are in need of employment, culture, and
+protection. While their right of voluntary migration and expatriation
+is not to be questioned, I would not advise their forced removal and
+colonization. Let us rather encourage them to honorable and useful
+industry, where it may be beneficial to themselves and to the country;
+and, instead of hasty anticipations of the certainty of failure,
+let there be nothing wanting to the fair trial of the experiment.
+The change in their condition is the substitution of labor by contract
+for the status of slavery. The freedman can not fairly be accused of
+unwillingness to work so long as a doubt remains about his freedom
+of choice in his pursuits and the certainty of his recovering his
+stipulated wages. In this the interests of the employer and the employed
+coincide. The employer desires in his workmen spirit and alacrity, and
+these can be permanently secured in no other way. And if the one ought
+to be able to enforce the contract, so ought the other. The public
+interest will be best promoted if the several States will provide
+adequate protection and remedies for the freedmen. Until this is in some
+way accomplished there is no chance for the advantageous use of their
+labor, and the blame of ill success will not rest on them.
+
+I know that sincere philanthropy is earnest for the immediate
+realization of its remotest aims; but time is always an element in
+reform. It is one of the greatest acts on record to have brought
+4,000,000 people into freedom. The career of free industry must be
+fairly opened to them, and then their future prosperity and condition
+must, after all, rest mainly on themselves. If they fail, and so perish
+away, let us be careful that the failure shall not be attributable to
+any denial of justice. In all that relates to the destiny of the
+freedmen we need not be too anxious to read the future; many incidents
+which, from a speculative point of view, might raise alarm will quietly
+settle themselves. Now that slavery is at an end, or near its end, the
+greatness of its evil in the point of view of public economy becomes
+more and more apparent. Slavery was essentially a monopoly of labor, and
+as such locked the States where it prevailed against the incoming of
+free industry. Where labor was the property of the capitalist, the white
+man was excluded from employment, or had but the second best chance of
+finding it; and the foreign emigrant turned away from the region where
+his condition would be so precarious. With the destruction of the
+monopoly free labor will hasten from all parts of the civilized world to
+assist in developing various and immeasurable resources which have
+hitherto lain dormant. The eight or nine States nearest the Gulf of
+Mexico have a soil of exuberant fertility, a climate friendly to long
+life, and can sustain a denser population than is found as yet in any
+part of our country. And the future influx of population to them will
+be mainly from the North or from the most cultivated nations in Europe.
+From the sufferings that have attended them during our late struggle let
+us look away to the future, which is sure to be laden for them with
+greater prosperity than has ever before been known. The removal of the
+monopoly of slave labor is a pledge that those regions will be peopled
+by a numerous and enterprising population, which will vie with any in
+the Union in compactness, inventive genius, wealth, and industry.
+
+Our Government springs from and was made for the people--not the people
+for the Government. To them it owes allegiance; from them it must derive
+its courage, strength, and wisdom. But while the Government is thus
+bound to defer to the people, from whom it derives its existence, it
+should, from the very consideration of its origin, be strong in its
+power of resistance to the establishment of inequalities. Monopolies,
+perpetuities, and class legislation are contrary to the genius of free
+government, and ought not to be allowed. Here there is no room for
+favored classes or monopolies; the principle of our Government is that
+of equal laws and freedom of industry. Wherever monopoly attains a
+foothold, it is sure to be a source of danger, discord, and trouble. We
+shall but fulfill our duties as legislators by according "equal and
+exact justice to all men," special privileges to none. The Government is
+subordinate to the people; but, as the agent and representative of the
+people, it must be held superior to monopolies, which in themselves
+ought never to be granted, and which, where they exist, must be
+subordinate and yield to the Government.
+
+The Constitution confers on Congress the right to regulate commerce
+among the several States. It is of the first necessity, for the
+maintenance of the Union, that that commerce should be free and
+unobstructed. No State can be justified in any device to tax the transit
+of travel and commerce between States. The position of many States is
+such that if they were allowed to take advantage of it for purposes of
+local revenue the commerce between States might be injuriously burdened,
+or even virtually prohibited. It is best, while the country is still
+young and while the tendency to dangerous monopolies of this kind is
+still feeble, to use the power of Congress so as to prevent any selfish
+impediment to the free circulation of men and merchandise. A tax on
+travel and merchandise in their transit constitutes one of the worst
+forms of monopoly, and the evil is increased if coupled with a denial of
+the choice of route. When the vast extent of our country is considered,
+it is plain that every obstacle to the free circulation of commerce
+between the States ought to be sternly guarded against by appropriate
+legislation within the limits of the Constitution.
+
+The report of the Secretary of the Interior explains the condition of
+the public lands, the transactions of the Patent Office and the Pension
+Bureau, the management of our Indian affairs, the progress made in the
+construction of the Pacific Railroad, and furnishes information in
+reference to matters of local interest in the District of Columbia. It
+also presents evidence of the successful operation of the homestead act,
+under the provisions of which 1,160,533 acres of the public lands were
+entered during the last fiscal year--more than one-fourth of the whole
+number of acres sold or otherwise disposed of during that period. It is
+estimated that the receipts derived from this source are sufficient to
+cover the expenses incident to the survey and disposal of the lands
+entered under this act, and that payments in cash to the extent of from
+40 to 50 per cent will be made by settlers who may thus at any time
+acquire title before the expiration of the period at which it would
+otherwise vest. The homestead policy was established only after long and
+earnest resistance; experience proves its wisdom. The lands in the hands
+of industrious settlers, whose labor creates wealth and contributes to
+the public resources, are worth more to the United States than if they
+had been reserved as a solitude for future purchasers.
+
+The lamentable events of the last four years and the sacrifices made by
+the gallant men of our Army and Navy have swelled the records of the
+Pension Bureau to an unprecedented extent. On the 30th day of June last
+the total number of pensioners was 85,986, requiring for their annual
+pay, exclusive of expenses, the sum of $8,023,445. The number of
+applications that have been allowed since that date will require a large
+increase of this amount for the next fiscal year, The means for the
+payment of the stipends due under existing laws to our disabled soldiers
+and sailors and to the families of such as have perished in the service
+of the country will no doubt be cheerfully and promptly granted.
+A grateful people will not hesitate to sanction any measures having
+for their object the relief of soldiers mutilated and families made
+fatherless in the efforts to preserve our national existence.
+
+The report of the Postmaster-General presents an encouraging exhibit
+of the operations of the Post-Office Department during the year. The
+revenues of the past year, from the loyal States alone, exceeded the
+maximum annual receipts from all the States previous to the rebellion
+in the sum of $6,038,091; and the annual average increase of revenue
+during the last four years, compared with the revenues of the four
+years immediately preceding the rebellion, was $3,533,845. The revenues
+of the last fiscal year amounted to $14,556,158 and the expenditures
+to $13,694,728, leaving a surplus of receipts over expenditures of
+$861,430. Progress has been made in restoring the postal service in the
+Southern States. The views presented by the Postmaster-General against
+the policy of granting subsidies to the ocean mail steamship lines upon
+established routes and in favor of continuing the present system, which
+limits the compensation for ocean service to the postage earnings, are
+recommended to the careful consideration of Congress.
+
+It appears from the report of the Secretary of the Navy that while at
+the commencement of the present year there were in commission 530
+vessels of all classes and descriptions, armed with 3,000 guns and
+manned by 51,000 men, the number of vessels at present in commission is
+117, with 830 guns and 12,128 men. By this prompt reduction of the naval
+forces the expenses of the Government have been largely diminished, and
+a number of vessels purchased for naval purposes from the merchant
+marine have been returned to the peaceful pursuits of commerce. Since
+the suppression of active hostilities our foreign squadrons have been
+reestablished, and consist of vessels much more efficient than those
+employed on similar service previous to the rebellion. The suggestion
+for the enlargement of the navy-yards, and especially for the
+establishment of one in fresh water for ironclad vessels, is deserving
+of consideration, as is also the recommendation for a different location
+and more ample grounds for the Naval Academy.
+
+In the report of the Secretary of War a general summary is given of the
+military campaigns of 1864 and 1865, ending in the suppression of armed
+resistance to the national authority in the insurgent States. The
+operations of the general administrative bureaus of the War Department
+during the past year are detailed and an estimate made of the
+appropriations that will be required for military purposes in the fiscal
+year commencing the 1st day of July, 1866. The national military force
+on the 1st of May, 1865, numbered 1,000,516 men. It is proposed to
+reduce the military establishment to a peace footing, comprehending
+50,000 troops of all arms, organized so as to admit of an enlargement
+by filling up the ranks to 82,600 if the circumstances of the country
+should require an augmentation of the Army. The volunteer force has
+already been reduced by the discharge from service of over 800,000
+troops, and the Department is proceeding rapidly in the work of further
+reduction. The war estimates are reduced from $516,240,131 to
+$33,814,461, which amount, in the opinion of the Department, is adequate
+for a peace establishment. The measures of retrenchment in each bureau
+and branch of the service exhibit a diligent economy worthy of
+commendation. Reference is also made in the report to the necessity of
+providing for a uniform militia system and to the propriety of making
+suitable provision for wounded and disabled officers and soldiers.
+
+The revenue system of the country is a subject of vital interest to its
+honor and prosperity, and should command the earnest consideration of
+Congress. The Secretary of the Treasury will lay before you a full and
+detailed report of the receipts and disbursements of the last fiscal
+year, of the first quarter of the present fiscal year, of the probable
+receipts and expenditures for the other three quarters, and the
+estimates for the year following the 30th of June, 1866. I might content
+myself with a reference to that report, in which you will find all the
+information required for your deliberations and decision, but the
+paramount importance of the subject so presses itself on my own mind
+that I can not but lay before you my views of the measures which are
+required for the good character, and I might almost say for the
+existence, of this people. The life of a republic lies certainly in the
+energy, virtue, and intelligence of its citizens; but it is equally true
+that a good revenue system is the life of an organized government. I
+meet you at a time when the nation has voluntarily burdened itself with
+a debt unprecedented in our annals. Vast as is its amount, it fades away
+into nothing when compared with the countless blessings that will be
+conferred upon our country and upon man by the preservation of the
+nation's life. Now, on the first occasion of the meeting of Congress
+since the return of peace, it is of the utmost importance to inaugurate
+a just policy, which shall at once be put in motion, and which shall
+commend itself to those who come after us for its continuance. We must
+aim at nothing less than the complete effacement of the financial evils
+that necessarily followed a state of civil war. We must endeavor to
+apply the earliest remedy to the deranged state of the currency, and not
+shrink from devising a policy which, without being oppressive to the
+people, shall immediately begin to effect a reduction of the debt, and,
+if persisted in, discharge it fully within a definitely fixed number of
+years.
+
+It is our first duty to prepare in earnest for our recovery from the
+ever-increasing evils of an irredeemable currency without a sudden
+revulsion, and yet without untimely procrastination. For that end we
+must each, in our respective positions, prepare the way. I hold it the
+duty of the Executive to insist upon frugality in the expenditures, and
+a sparing economy is itself a great national resource. Of the banks to
+which authority has been given to issue notes secured by bonds of the
+United States we may require the greatest moderation and prudence, and
+the law must be rigidly enforced when its limits are exceeded. We may
+each one of us counsel our active and enterprising countrymen to be
+constantly on their guard, to liquidate debts contracted in a paper
+currency, and by conducting business as nearly as possible on a system
+of cash payments or short credits to hold themselves prepared to return
+to the standard of gold and silver. To aid our fellow-citizens in the
+prudent management of their monetary affairs, the duty devolves on us to
+diminish by law the amount of paper money now in circulation. Five years
+ago the bank-note circulation of the country amounted to not much more
+than two hundred millions; now the circulation, bank and national,
+exceeds seven hundred millions. The simple statement of the fact
+recommends more strongly than any words of mine could do the necessity
+of our restraining this expansion. The gradual reduction of the currency
+is the only measure that can save the business of the country from
+disastrous calamities, and this can be almost imperceptibly accomplished
+by gradually funding the national circulation in securities that may be
+made redeemable at the pleasure of the Government.
+
+Our debt is doubly secure--first in the actual wealth and still greater
+undeveloped resources of the country, and next in the character of our
+institutions. The most intelligent observers among political economists
+have not failed to remark that the public debt of a country is safe in
+proportion as its people are free; that the debt of a republic is the
+safest of all. Our history confirms and establishes the theory, and is,
+I firmly believe, destined to give it a still more signal illustration.
+The secret of this superiority springs not merely from the fact that in
+a republic the national obligations are distributed more widely through
+countless numbers in all classes of society; it has its root in the
+character of our laws. Here all men contribute to the public welfare and
+bear their fair share of the public burdens. During the war, under the
+impulses of patriotism, the men of the great body of the people, without
+regard to their own comparative want of wealth, thronged to our armies
+and filled our fleets of war, and held themselves ready to offer their
+lives for the public good. Now, in their turn, the property and income
+of the country should bear their just proportion of the burden of
+taxation, while in our impost system, through means of which increased
+vitality is incidentally imparted to all the industrial interests of
+the nation, the duties should be so adjusted as to fall most heavily
+on articles of luxury, leaving the necessaries of life as free from
+taxation as the absolute wants of the Government economically
+administered will justify. No favored class should demand freedom from
+assessment, and the taxes should be so distributed as not to fall unduly
+on the poor, but rather on the accumulated wealth of the country. We
+should look at the national debt just as it is--not as a national
+blessing, but as a heavy burden on the industry of the country, to be
+discharged without unnecessary delay.
+
+It is estimated by the Secretary of the Treasury that the expenditures
+for the fiscal year ending the 30th of June, 1866, will exceed the
+receipts $112,194,947. It is gratifying, however, to state that it is
+also estimated that the revenue for the year ending the 30th of June,
+1867, will exceed the expenditures in the sum of $111,682,818. This
+amount, or so much as may be deemed sufficient for the purpose, may be
+applied to the reduction of the public debt, which on the 31st day of
+October, 1865, was $2,740,854,750. Every reduction will diminish the
+total amount of interest to be paid, and so enlarge the means of still
+further reductions, until the whole shall be liquidated; and this, as
+will be seen from the estimates of the Secretary of the Treasury, may be
+accomplished by annual payments even within a period not exceeding
+thirty years. I have faith that we shall do all this within a reasonable
+time; that as we have amazed the world by the suppression of a civil war
+which was thought to be beyond the control of any government, so we
+shall equally show the superiority of our institutions by the prompt and
+faithful discharge of our national obligations.
+
+The Department of Agriculture under its present direction is
+accomplishing much in developing and utilizing the vast agricultural
+capabilities of the country, and for information respecting the details
+of its management reference is made to the annual report of the
+Commissioner.
+
+I have dwelt thus fully on our domestic affairs because of their
+transcendent importance. Under any circumstances our great extent of
+territory and variety of climate, producing almost everything that is
+necessary for the wants and even the comforts of man, make us singularly
+independent of the varying policy of foreign powers and protect us
+against every temptation to "entangling alliances," while at the present
+moment the reestablishment of harmony and the strength that comes from
+harmony will be our best security against "nations who feel power and
+forget right." For myself, it has been and it will be my constant aim to
+promote peace and amity with all foreign nations and powers, and I have
+every reason to believe that they all, without exception, are animated
+by the same disposition. Our relations with the Emperor of China, so
+recent in their origin, are most friendly. Our commerce with his
+dominions is receiving new developments, and it is very pleasing to find
+that the Government of that great Empire manifests satisfaction with our
+policy and reposes just confidence in the fairness which marks our
+intercourse. The unbroken harmony between the United States and the
+Emperor of Russia is receiving a new support from an enterprise designed
+to carry telegraphic lines across the continent of Asia, through his
+dominions, and so to connect us with all Europe by a new channel of
+intercourse. Our commerce with South America is about to receive
+encouragement by a direct line of mail steamships to the rising Empire
+of Brazil. The distinguished party of men of science who have recently
+left our country to make a scientific exploration of the natural history
+and rivers and mountain ranges of that region have received from the
+Emperor that generous welcome which was to have been expected from his
+constant friendship for the United States and his well-known zeal in
+promoting the advancement of knowledge. A hope is entertained that our
+commerce with the rich and populous countries that border the
+Mediterranean Sea may be largely increased. Nothing will be wanting on
+the part of this Government to extend the protection of our flag over
+the enterprise of our fellow-citizens. We receive from the powers in
+that region assurances of good will; and it is worthy of note that a
+special envoy has brought us messages of condolence on the death of our
+late Chief Magistrate from the Bey of Tunis, whose rule includes the old
+dominions of Carthage, on the African coast.
+
+Our domestic contest, now happily ended, has left some traces in our
+relations with one at least of the great maritime powers. The formal
+accordance of belligerent rights to the insurgent States was
+unprecedented, and has not been justified by the issue. But in the
+systems of neutrality pursued by the powers which made that concession
+there was a marked difference. The materials of war for the insurgent
+States were furnished, in a great measure, from the workshops of Great
+Britain, and British ships, manned by British subjects and prepared for
+receiving British armaments, sallied from the ports of Great Britain to
+make war on American commerce under the shelter of a commission from the
+insurgent States. These ships, having once escaped from British ports,
+ever afterwards entered them in every part of the world to refit, and so
+to renew their depredations. The consequences of this conduct were most
+disastrous to the States then in rebellion, increasing their desolation
+and misery by the prolongation of our civil contest. It had, moreover,
+the effect, to a great extent, to drive the American flag from the sea,
+and to transfer much of our shipping and our commerce to the very power
+whose subjects had created the necessity for such a change. These events
+took place before I was called to the administration of the Government.
+The sincere desire for peace by which I am animated led me to approve
+the proposal, already made, to submit the question which had thus arisen
+between the countries to arbitration. These questions are of such moment
+that they must have commanded the attention of the great powers, and are
+so interwoven with the peace and interests of every one of them as to
+have insured an impartial decision. I regret to inform you that Great
+Britain declined the arbitrament, but, on the other hand, invited us to
+the formation of a joint commission to settle mutual claims between the
+two countries, from which those for the depredations before mentioned
+should be excluded. The proposition, in that very unsatisfactory form,
+has been declined.
+
+The United States did not present the subject as an impeachment of the
+good faith of a power which was professing the most friendly
+dispositions, but as involving questions of public law of which the
+settlement is essential to the peace of nations; and though pecuniary
+reparation to their injured citizens would have followed incidentally
+on a decision against Great Britain, such compensation was not their
+primary object. They had a higher motive, and it was in the interests of
+peace and justice to establish important principles of international
+law. The correspondence will be placed before you. The ground on which
+the British minister rests his justification is, substantially, that the
+municipal law of a nation and the domestic interpretations of that law
+are the measure of its duty as a neutral, and I feel bound to declare my
+opinion before you and before the world that that justification can not
+be sustained before the tribunal of nations. At the same time, I do not
+advise to any present attempt at redress by acts of legislation. For the
+future, friendship between the two countries must rest on the basis of
+mutual justice.
+
+From the moment of the establishment of our free Constitution the
+civilized world has been convulsed by revolutions in the interests of
+democracy or of monarchy, but through all those revolutions the United
+States have wisely and firmly refused to become propagandists of
+republicanism. It is the only government suited to our condition; but
+we have never sought to impose it on others, and we have consistently
+followed the advice of Washington to recommend it only by the careful
+preservation and prudent use of the blessing. During all the intervening
+period the policy of European powers and of the United States has, on
+the whole, been harmonious. Twice, indeed, rumors of the invasion of
+some parts of America in the interest of monarchy have prevailed; twice
+my predecessors have had occasion to announce the views of this nation
+in respect to such interference. On both occasions the remonstrance of
+the United States was respected from a deep conviction on the part of
+European Governments that the system of noninterference and mutual
+abstinence from propagandism was the true rule for the two hemispheres.
+Since those times we have advanced in wealth and power, but we retain
+the same purpose to leave the nations of Europe to choose their own
+dynasties and form their own systems of government. This consistent
+moderation may justly demand a corresponding moderation. We should
+regard it as a great calamity to ourselves, to the cause of good
+government, and to the peace of the world should any European power
+challenge the American people, as it were, to the defense of
+republicanism against foreign interference. We can not foresee and are
+unwilling to consider what opportunities might present themselves, what
+combinations might offer to protect ourselves against designs inimical
+to our form of government. The United States desire to act in the
+future as they have ever acted heretofore; they never will be driven
+from that course but by the aggression of European powers, and we
+rely on the wisdom and justice of those powers to respect the system of
+noninterference which has so long been sanctioned by time, and which by
+its good results has approved itself to both continents.
+
+The correspondence between the United States and France in reference to
+questions which have become subjects of discussion between the two
+Governments will at a proper time be laid before Congress.
+
+When, on the organization of our Government under the Constitution, the
+President of the United States delivered his inaugural address to the
+two Houses of Congress, he said to them, and through them to the country
+and to mankind, that--
+
+ The preservation of the sacred fire of liberty and the destiny of the
+ republican model of government are justly considered, perhaps, as
+ _deeply_, as _finally_, staked on the experiment intrusted to the hands
+ of the American people.
+
+
+And the House of Representatives answered Washington by the voice of
+Madison:
+
+ We adore the Invisible Hand which has led the American people, through
+ so many difficulties, to cherish a conscious responsibility for the
+ destiny of republican liberty.
+
+
+More than seventy-six years have glided away since these words were
+spoken; the United States have passed through severer trials than were
+foreseen; and now, at this new epoch in our existence as one nation,
+with our Union purified by sorrows and strengthened by conflict and
+established by the virtue of the people, the greatness of the occasion
+invites us once more to repeat with solemnity the pledges of our fathers
+to hold ourselves answerable before our fellow-men for the success of
+the republican form of government. Experience has proved its sufficiency
+in peace and in war; it has vindicated its authority through dangers and
+afflictions, and sudden and terrible emergencies, which would have
+crushed any system that had been less firmly fixed in the hearts of the
+people. At the inauguration of Washington the foreign relations of the
+country were few and its trade was repressed by hostile regulations; now
+all the civilized nations of the globe welcome our commerce, and their
+governments profess toward us amity. Then our country felt its way
+hesitatingly along an untried path, with States so little bound together
+by rapid means of communication as to be hardly known to one another,
+and with historic traditions extending over very few years; now
+intercourse between the States is swift and intimate; the experience of
+centuries has been crowded into a few generations, and has created an
+intense, indestructible nationality. Then our jurisdiction did not reach
+beyond the inconvenient boundaries of the territory which had achieved
+independence; now, through cessions of lands, first colonized by Spain
+and France, the country has acquired a more complex character, and has
+for its natural limits the chain of lakes, the Gulf of Mexico, and on
+the east and the west the two great oceans. Other nations were wasted by
+civil wars for ages before they could establish for themselves the
+necessary degree of unity; the latent conviction that our form of
+government is the best ever known to the world has enabled us to emerge
+from civil war within four years with a complete vindication of the
+constitutional authority of the General Government and with our local
+liberties and State institutions unimpaired.
+
+The throngs of emigrants that crowd to our shores are witnesses of the
+confidence of all peoples in our permanence. Here is the great land of
+free labor, where industry is blessed with unexampled rewards and the
+bread of the workingman is sweetened by the consciousness that the cause
+of the country "is his own cause, his own safety, his own dignity." Here
+everyone enjoys the free use of his faculties and the choice of activity
+as a natural right. Here, under the combined influence of a fruitful
+soil, genial climes, and happy institutions, population has increased
+fifteen-fold within a century. Here, through the easy development of
+boundless resources, wealth has increased with twofold greater rapidity
+than numbers, so that we have become secure against the financial
+vicissitudes of other countries and, alike in business and in opinion,
+are self-centered and truly independent. Here more and more care is
+given to provide education for everyone born on our soil. Here religion,
+released from political connection with the civil government, refuses to
+subserve the craft of statesmen, and becomes in its independence the
+spiritual life of the people. Here toleration is extended to every
+opinion, in the quiet certainty that truth needs only a fair field to
+secure the victory. Here the human mind goes forth unshackled in the
+pursuit of science, to collect stores of knowledge and acquire an
+ever-increasing mastery over the forces of nature. Here the national
+domain is offered and held in millions of separate freeholds, so that
+our fellow-citizens, beyond the occupants of any other part of the
+earth, constitute in reality a people. Here exists the democratic form
+of government; and that form of government, by the confession of
+European statesmen, "gives a power of which no other form is capable,
+because it incorporates every man with the state and arouses everything
+that belongs to the soul."
+
+Where in past history does a parallel exist to the public happiness
+which is within the reach of the people of the United States? Where in
+any part of the globe can institutions be found so suited to their
+habits or so entitled to their love as their own free Constitution?
+Every one of them, then, in whatever part of the land he has his home,
+must wish its perpetuity. Who of them will not now acknowledge, in the
+words of Washington, that "every step by which the people of the United
+States have advanced to the character of an independent nation seems to
+have been distinguished by some token of providential agency"? Who will
+not join with me in the prayer that the Invisible Hand which has led us
+through the clouds that gloomed around our path will so guide us onward
+to a perfect restoration of fraternal affection that we of this day may
+be able to transmit our great inheritance of State governments in all
+their rights, of the General Government in its whole constitutional
+vigor, to our posterity, and they to theirs through countless
+generations?
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 11, 1865_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit a report of this date from the Secretary of State, and the
+papers referred to therein, concerning the Universal Exposition to be
+held at Paris in the year 1867, in which the United States have been
+invited by the Government of France to take part. I commend the subject
+to your early and favorable consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 13, 1865_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 11th instant,
+requesting information on the subject of a decree of the so-called
+Emperor of Mexico of the 3d of October last, I transmit a report from
+the Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1865_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+11th instant, requesting information relative to a so-called decree
+concerning the reestablishment of slavery or peonage in the Republic
+of Mexico, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 18, 1865_.
+
+_To the Senate and House of Representatives of the United States_:
+
+In compliance with the requirements of the third section of the act
+approved March 3, 1865, I transmit herewith a communication from the
+Secretary of War, with the accompanying report and estimates of the
+Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 18, 1865_.
+
+_To the Senate of the United States_:
+
+In reply to the resolution adopted by the Senate on the 12th instant,
+I have the honor to state that the rebellion waged by a portion of the
+people against the properly constituted authority of the Government of
+the United States has been suppressed; that the United States are in
+possession of every State in which the insurrection existed, and that,
+as far as it could be done, the courts of the United States have been
+restored, post-offices reestablished, and steps taken to put into
+effective operation the revenue laws of the country.
+
+As the result of the measures instituted by the Executive with the view
+of inducing a resumption of the functions of the States comprehended in
+the inquiry of the Senate, the people of North Carolina, South Carolina,
+Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee have
+reorganized their respective State governments, and "are yielding
+obedience to the laws and Government of the United States" with more
+willingness and greater promptitude than under the circumstances could
+reasonably have been anticipated. The proposed amendment to the
+Constitution, providing for the abolition of slavery forever within the
+limits of the country, has been ratified by each one of those States,
+with the exception of Mississippi, from which no official information
+has been received, and in nearly all of them measures have been adopted
+or are now pending to confer upon freedmen the privileges which are
+essential to their comfort, protection, and security. In Florida and
+Texas the people are making commendable progress in restoring their
+State governments, and no doubt is entertained that they will at an
+early period be in a condition to resume all of their practical
+relations with the General Government.
+
+In "that portion of the Union lately in rebellion" the aspect of affairs
+is more promising than, in view of all the circumstances, could well
+have been expected. The people throughout the entire South evince a
+laudable desire to renew their allegiance to the Government and to
+repair the devastations of war by a prompt and cheerful return to
+peaceful pursuits, and abiding faith is entertained that their actions
+will conform to their professions, and that in acknowledging the
+supremacy of the Constitution and laws of the United States their
+loyalty will be unreservedly given to the Government, whose leniency
+they can not fail to appreciate and whose fostering care will soon
+restore them to a condition of prosperity. It is true that in some of
+the States the demoralizing effects of the war are to be seen in
+occasional disorders; but these are local in character, not frequent in
+occurrence, and are rapidly disappearing as the authority of civil law
+is extended and sustained. Perplexing questions are naturally to be
+expected from the great and sudden change in the relations between the
+two races; but systems are gradually developing themselves under which
+the freedman will receive the protection to which he is justly entitled,
+and, by means of his labor, make himself a useful and independent member
+in the community in which he has a home.
+
+From all the information in my possession and from that which I have
+recently derived from the most reliable authority I am induced to
+cherish the belief that sectional animosity is surely and rapidly
+merging itself into a spirit of nationality, and that representation,
+connected with a properly adjusted system of taxation, will result in
+a harmonious restoration of the relation of the States to the National
+Union.
+
+The report of Carl Schurz is herewith transmitted, as requested by the
+Senate. No reports from the Hon. John Covode have been received by the
+President. The attention of the Senate is invited to the accompanying
+report from Lieutenant-General Grant, who recently made a tour of
+inspection through several of the States whose inhabitants participated
+in the rebellion.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 20, 1865_.
+
+_To the Senate of the United States_:
+
+In reply to the resolution of the Senate of the 19th instant, requesting
+that the President, if not inconsistent with the public service,
+communicate to the Senate the "report of General Howard of his
+observations of the condition of the seceded States and the operation of
+the Freedmen's Bureau therein," I have to state that the report of the
+Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands
+was yesterday transmitted to both Houses of Congress, as required by the
+third section of the act approved March 3, 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 21, 1865_.
+
+_To the Senate_:
+
+In compliance with the resolution of the Senate of the 11th instant,
+respecting the occupation by the French troops of the Republic of Mexico
+and the establishment of a monarchy there, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th ultimo,
+requesting information in regard to any plans to induce the immigration
+of dissatisfied citizens of the United States into Mexico, their
+organization there with the view to create disturbances in the United
+States, and especially in regard to the plans of Dr. William M. Gwin and
+M.F. Maury, and to the action taken by the Government of the United
+States to prevent the success of such schemes, I transmit a report from
+the Acting Secretary of State and the papers by which it was
+accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the Senate of the United States_:
+
+I have received the following preamble and resolution, adopted by the
+Senate on the 21st ultimo:
+
+ Whereas the Constitution declares that "in all criminal prosecutions
+ the accused shall enjoy the right of a speedy and public trial by an
+ impartial jury of the State or district wherein the crime shall have
+ been committed;" and
+
+ Whereas several months have elapsed since Jefferson Davis, late
+ president of the so-called Confederate States, was captured and confined
+ for acts notoriously done by him as such, which acts, if duly proved,
+ render him guilty of treason against the United States and liable to the
+ penalties thereof; and
+
+ Whereas hostilities between the Government of the United States and the
+ insurgents have ceased, and not one of the latter, so far as is known to
+ the Senate, is now held in confinement for the part he may have acted in
+ the rebellion except said Jefferson Davis: Therefore,
+
+ _Resolved_, That the President be respectfully requested, if compatible
+ with the public safety, to inform the Senate upon what charges or for
+ what reasons said Jefferson Davis is still held in confinement, and why
+ he has not been put upon his trial.
+
+
+In reply to the resolution I transmit the accompanying reports from the
+Secretary of War and the Attorney-General, and at the same time invite
+the attention of the Senate to that portion of my message dated the 4th
+day of December last which refers to Congress the questions connected
+with the holding of circuit courts of the United States within the
+districts where their authority has been interrupted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+the 18th ultimo, requesting information in regard to steps taken by the
+so-called Emperor of Mexico or by any European power to obtain from the
+United States a recognition of the so-called Empire of Mexico, and what
+action has been taken in the premises by the Government of the United
+States, I transmit a report from the Acting Secretary of State and the
+papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 10, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 8th
+instant, asking for information in regard to the alleged kidnaping in
+Mexico of the child of an American lady, I transmit a report from the
+Acting Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 12, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a communication addressed to me by Messrs. John
+Evans and J.B. Chaífee as "United States Senators elect from the State
+of Colorado," together with the accompanying documents.
+
+Under authority of the act of Congress approved the 21st day of
+March, 1864, the people of Colorado, through a convention, formed a
+constitution making provision for a State government, which, when
+submitted to the qualified voters of the Territory, was rejected.
+
+In the summer of 1865 a second convention was called by the executive
+committees of the several political parties in the Territory, which
+assembled at Denver on the 8th of August, 1865. On the 12th of that
+month this convention adopted a State constitution, which was submitted
+to the people on the 5th of September, 1865, and ratified by a majority
+of 155 of the qualified voters. The proceedings in the second instance
+for the formation of a State government having differed in time and mode
+from those specified in the act of March 21, 1864, I have declined to
+issue the proclamation for which provision is made in the fifth section
+of the law, and therefore submit the question for the consideration and
+further action of Congress.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE OFFICE, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the several treaties[5] with the Indians of the Southwest
+referred to in the accompanying communication from the Secretary of
+the Interior.
+
+ANDREW JOHNSON.
+
+[Footnote 5: With the confederated tribes of the Arapahoe and Cheyenne
+Indians, concluded October 14, 1865; with the Apache, Cheyenne, and
+Arapahoe tribes, respectively, concluded October 17, 1865; with the
+several bands of the Comanche tribe, concluded October 18, 1865.]
+
+
+
+EXECUTIVE OFFICE, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the several treaties with bands of the Sioux Nation of Indians
+which are referred to in the accompanying communication from the
+Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the treaties with the Omaha and Winnebago Indians referred to
+in the accompanying communication from the Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 11th instant,
+requesting information in regard to a negotiation for the transit of
+United States troops in 1861 through Mexican territory, I transmit a
+report from the Acting Secretary of State and the papers by which it
+was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and the Empire of
+Japan for the reduction of import duties, which was signed at Yedo the
+28th of January, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the Empire of Japan and the
+Governments of the United States, Great Britain, France, and Holland,
+providing for the payment to said Governments of the sum of $3,000,000
+for indemnities and expenses, which was signed by the respective parties
+at Yokohama on the 22d of October, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th instant,
+requesting the President "to communicate to the Senate, if in his
+opinion not inconsistent with the public interest, any letters from
+Major-General Sheridan, commanding the Military Division of the Gulf,
+or from any other officer of the Department of Texas, in regard to the
+present condition of affairs on the southeastern frontier of the United
+States, and especially in regard to any violation of neutrality on the
+part of the army now occupying the right bank of the Rio Grande,"
+I transmit herewith a report from the Secretary of War, bearing date
+the 24th instant.
+
+Concurring in his opinion that the publication of the correspondence
+at this time is not consistent with the public interest, the papers
+referred to in the accompanying report are for the present withheld.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+22d instant, requesting the communication of any correspondence or other
+information in regard to a demonstration by the Congress of the United
+States of Colombia, or any other country, in honor of President Juarez,
+of the Republic of Mexico, I transmit herewith a report from the Acting
+Secretary of State, with the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 8th
+instant, asking for information in regard to the reported surrender of
+the rebel pirate vessel called the _Shenandoah_, I transmit a report
+from the Acting Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1866_.
+
+_To the Senate and House of Representatives_:
+
+Believing that the commercial interests of our country would be promoted
+by a formal recognition of the independence of the Dominican Republic,
+while such a recognition would be in entire conformity with the settled
+policy of the United States, I have with that view nominated to the
+Senate an officer of the same grade with the one now accredited to the
+Republic of Hayti; and I recommend that an appropriation be made by
+Congress toward providing for his compensation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+10th ultimo, requesting information in regard to the organization in the
+city of New York of the "Imperial Mexican Express Company" under a grant
+from the so-called Emperor of Mexico, I transmit a report from the
+Secretary of State and the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 2, 1866_.
+
+_To the Senate of the United States_:
+
+The accompanying correspondence is transmitted to the Senate in
+compliance with its resolution of the 16th ultimo, requesting the
+President, "if not inconsistent with the public interest, to communicate
+to the Senate any correspondence which may have taken place between
+himself and any of the judges of the Supreme Court touching the holding
+of the civil courts of the United States in the insurrectionary States
+for the trial of crimes against the United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 2, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 30th ultimo, requesting
+the President, "if not incompatible with the public interests, to
+communicate to the Senate a copy of the late report of Major-General
+Sherman upon the condition of the States in his department, in which he
+has lately made a tour of inspection," I transmit herewith a copy of a
+communication, dated December 22, 1865, addressed to the Headquarters of
+the Army by Major-General Sherman, commanding the Military Division of
+the Mississippi.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the
+10th ultimo, requesting the President of the United States, "if not
+incompatible with the public interest, to communicate to the House
+any report or reports made by the Judge-Advocate-General or any other
+officer of the Government as to the grounds, facts, or accusations upon
+which Jefferson Davis, Clement C. Clay, jr., Stephen R. Mallory, and
+David L. Yulee, or either of them, are held in confinement," I transmit
+herewith reports from the Secretary of War and the Attorney-General,
+and concur in the opinion therein expressed that the publication of
+the papers called for by the resolution is not at the present time
+compatible with the public interest.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for the consideration of Congress, a correspondence between
+the Secretary of State and the minister of France accredited to this
+Government, and also other papers, relative to a proposed international
+conference at Constantinople upon the subject of cholera.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1866_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying report from the Secretary of War, in answer
+to the resolution of the House of Representatives of the 27th ultimo,
+requesting information in regard to the distribution of the rewards
+offered by the Government for the arrest of the assassins of the late
+President Lincoln.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 27th ultimo, I
+transmit, herewith a communication from the Secretary of War, together
+with the reports of the assistant commissioners of the Freedmen's Bureau
+made since December 1, 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of the 5th of January and
+27th of February last, requesting information in regard to provisional
+governors of States, I transmit reports from the Secretary of State and
+the Secretary of War, to whom the resolutions were referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 6, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon, a
+treaty with the Utah, Yampah-Ute, Pah-Vant, San-Pete-Ute, Tim-p-nogs,
+and Cum-um-bah bands of the Utah Indians, referred to in the
+accompanying papers from the Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+12th of January last, requesting information in regard to provisional
+governments of certain States, I transmit a report from the Secretary
+of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, requesting certain information in relation to President Benito
+Juarez, of Mexico, I transmit a report from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 8, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate, a copy of a letter of
+the 21st ultimo from the governor of the Territory of Colorado to the
+Secretary of State, with the memorial to which it refers, relative to
+the location of the Pacific Railroad.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 12, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for your consideration, a copy of two communications from
+the minister of the United States at Paris, in regard to a proposed
+exhibition of fishery and water culture, to be held at Arcachon, near
+Bordeaux, in France, in July next.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 15, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th instant, upon the
+subject of the supposed kidnaping of colored persons in the Southern
+States for the purpose of selling them as slaves in Cuba, I transmit a
+report from the Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 19, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives dated
+January 5, 1866, requesting information as to the number of men and
+officers in the regular and volunteer service of the United States,
+I transmit a report from the Secretary of War, with the papers by which
+it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+11th of December last, requesting information upon the present condition
+of affairs in the Republic of Mexico, I transmit a report from the
+Secretary of State and the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon,
+a treaty made with the Great and Little Osage Indians on the 29th
+September, 1865, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon, a
+treaty made with the Woll-pah-pe tribe of Snake Indians on the 12th of
+August, 1865, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a memorial of the legislature of Alabama,
+asking an extension of time for the completion of certain railroads in
+said State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 30, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate,
+a treaty negotiated with the Shawnee Indians, dated March 1, 1866,
+with supplemental article, dated March 14, 1866, with accompanying
+communications from the honorable Secretary of the Interior and
+Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 3, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report by the Secretary of War, in compliance with
+the Senate resolution of the 7th March, 1866, respecting the improvement
+of the Washington City Canal, to promote the health of the metropolis.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 3, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a communication from the Secretary of the Treasury, dated the
+22d ultimo, together with a letter addressed to him by the governor of
+Alabama, asking that the State of Alabama may be allowed to assume and
+pay in State bonds the direct tax now due from that State to the United
+States, or that delay of payment may be authorized until the State can
+by the sale of its bonds or by taxation make provision for the
+liquidation of the indebtedness.
+
+I concur in the opinion of the Secretary of the Treasury "that it is
+desirable that the State of Alabama and the other Southern States should
+be allowed to assume and pay their proportion of the direct taxes now
+due," and therefore recommend the necessary legislation by Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 4, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with the
+accompanying papers, relative to the claim on this Government of the
+owners of the British vessel _Magicienne_, and recommend an
+appropriation for the satisfaction of the claim, pursuant to the award
+of the arbitrators.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 5, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit communications from the Secretary of the Treasury
+and the Postmaster-General, suggesting a modification of the oath of
+office prescribed by the act of Congress approved July 2, 1862. I fully
+concur in their recommendation, and as the subject pertains to the
+efficient administration of the revenue and postal laws in the Southern
+States I earnestly commend it to the early consideration of Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 6, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the constitutional action of the Senate, a supplemental
+article to the Pottawatomie treaty of November 15, 1861, concluded on
+the 29th ultimo, together with the accompanying communications from the
+Secretary of the Interior and Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 7, 1866_.
+
+_To the House of Representatives of the United States_:
+
+I transmit a communication from the Secretary of the Interior, with the
+accompanying papers, in reference to grants of land made by acts of
+Congress passed in the years 1850, 1853, and 1856 to the States of
+Mississippi, Alabama, Arkansas, Florida, and Louisiana, to aid in
+the construction of certain railroads. As these acts will expire by
+limitation on the 11th day of August, 1866, leaving the roads for
+whose benefit they were conferred in an unfinished condition, it is
+recommended that the time within which they may be completed be extended
+for a period of five years.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 11, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 27th ultimo,
+in relation to the seizure and detention at New York of the steamship
+_Meteor_, I transmit herewith a report from the Secretary of State and
+the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Bois Forte band of Chippewa Indians on the
+7th instant, together with the accompanying communications from the
+Secretary of the Interior and Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 10th
+instant, requesting information in regard to the rights and interests
+of American citizens in the fishing grounds adjacent to the British
+Provinces, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 20, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the Senate's resolution of the 8th January, 1866, I
+transmit herewith a communication from the Secretary of War of the 19th
+instant, covering copies of the correspondence respecting General
+Orders, No. 17,[6] issued by the commander of the Department of
+California, and also the Attorney-General's opinion as to the question
+whether the order involves a breach of neutrality toward Mexico.
+
+ANDREW JOHNSON.
+
+[Footnote 6: Instructing commanders on the southern frontiers within the
+Department of California "to take the necessary measures to preserve the
+neutrality of the United States with respect to the parties engaged in
+the existing war in Mexico, and to suffer no armed parties to pass the
+frontier from the United States, nor suffer any arms or munitions of war
+to be sent over the frontier to either belligerent," etc.]
+
+
+
+WASHINGTON, D.C., _April 20, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 2d
+instant, requesting information respecting the collection of the remains
+of officers and soldiers killed and buried on the various battlefields
+about Atlanta, I transmit herewith a report on the subject from the
+Secretary of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication of this date from the Secretary
+of War, covering a copy of the proceedings of a board of officers in
+relation to brevet appointments in the Regular Army, requested in the
+Senate's resolution of the 18th April, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 23, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention which was signed at Tangier on the 31st of
+May last between the United States and other powers on the one part and
+the Sultan of Morocco on the other part, concerning the administration
+and maintenance of a light-house on Cape Spartel.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 23, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 16th
+instant, requesting information relative to the proposed evacuation of
+Mexico by French military forces, I transmit a report from the Secretary
+of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., April 24, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I submit herewith, for the consideration of Congress, the accompanying
+communication from the Secretary of the Interior, in relation to the
+Union Pacific Railroad Company, eastern division.
+
+It appears that the company were required to complete 100 miles of
+their road within three years after their acceptance of the conditions
+of the original act of Congress. This period expired December 22, 1865.
+Sixty-two miles had been previously accepted by the Government. Since
+that date an additional section of 23 miles has been completed.
+Commissioners appointed for that purpose have examined and reported
+upon it, and an application has been made for its acceptance.
+
+The failure to complete 100 miles of road within the period prescribed
+renders it questionable whether the executive officers of the Government
+are authorized to issue the bonds and patents to which the company would
+be entitled if this as well as the other requirements of the act had
+been faithfully observed.
+
+This failure may to some extent be ascribed to the financial condition
+of the country incident to the recent civil war. As the company appear
+to be engaged in the energetic prosecution of their work and manifest a
+disposition to comply with the conditions of the grant, I recommend that
+the time for the completion of this part of the road be extended and
+that authority be given for the issue of bonds and patents on account of
+the section now offered for acceptance notwithstanding such failure,
+should the company in other respects be thereunto entitled.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 28, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty this day concluded with the Choctaw and Chickasaw nations of
+Indians.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 30, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 25th
+instant, requesting information in regard to the rebel debt known as the
+cotton loan, I transmit a report from the Secretary of State, to whom
+the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 2, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 23d
+ultimo, I transmit a report from the Secretary of War, from which it
+will be perceived that it is not deemed compatible with the public
+interests to communicate to the House the report made by General Smith
+and the Hon. James T. Brady of their investigations at New Orleans, La.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 4, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 5th
+of March, 1866, requesting the names of persons worth more than $20,000
+to whom special pardons have been issued, and a statement of the amount
+of property which has been seized as belonging to the enemies of the
+Government, or as abandoned property, and returned to those who claimed
+to be the original owners, I transmit herewith reports from the
+Secretary of State, the Secretary of the Treasury, the Secretary of
+War, and the Attorney-General, together with a copy of the amnesty
+proclamation of the 29th of May, 1865, and a copy of the warrants issued
+in cases in which special pardons are granted. The second, third, and
+fourth conditions of the warrant prescribe the terms, so far as property
+is concerned, upon which all such pardons are granted and accepted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 4, 1866_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my message of the 12th of March last, communicating
+information in regard to a proposed exposition of fishery and water
+culture at Arcachon, in France, I communicate a copy of another dispatch
+from the minister of the United States in Paris to the Secretary of
+State, and again invite the attention of Congress to the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 7, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th ultimo,
+I transmit herewith a report from Benjamin C. Truman, relative to the
+condition of the Southern people and the States in which the rebellion
+existed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 9, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and the acting chargé d'affaires of the United States at
+Guayaquil, in the Republic of Ecuador, from which it appears that the
+Government of that Republic has failed to pay the first installment of
+the award of the commissioners under the convention between the United
+States and Ecuador of the 25th November, 1862, which installment was due
+on the 17th of February last.
+
+As debts of this character from one government to another are justly
+regarded as of a peculiarly sacred character, and as further diplomatic
+measures are not in this instance likely to be successful, the
+expediency of authorizing other proceedings in case they should
+ultimately prove to be indispensable is submitted to your consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 10, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Treasury, in
+answer to the resolution of the House of Representatives of the 3d
+instant, requesting information concerning discriminations made by the
+so-called Maximilian Government of Mexico against American commerce,
+or against commerce from particular American ports.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 11, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to that part
+of the resolution of the House of Representatives of the 7th instant
+which calls for information in regard to the clerks employed in the
+Department of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 16, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of the correspondence between the
+Secretary of State and Cornelius Vanderbilt, of New York, relative to
+the joint resolution of the 28th of January, 1864, upon the subject of
+the gift of the steamer _Vanderbilt_ to the United States.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, May 7, 1866_.
+
+Hon. SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+SIR: I have the honor to submit herewith a communication of the
+Secretary of War, inclosing one from the Lieutenant-General, relative
+to the necessity for legislation upon the subject of the Army.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 17, 1866_.
+
+_To the House of Representatives_:
+
+In further response to the resolution of the House of Representatives of
+the 7th instant, calling for information in regard to clerks employed in
+the several Executive Departments, I transmit herewith reports from the
+Secretary of the Navy and the Secretary of the Interior and the
+Postmaster-General.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 22, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Treasury, made in
+compliance with the resolution of the House of Representatives of the
+7th instant, calling for information in respect to clerks employed in
+the several Executive Departments of the Government.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 22, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, requesting a collation of the provisions in reference to
+freedmen contained in the amended constitutions of the Southern States
+and in the laws of those States passed since the suppression of the
+rebellion, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 24, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Postmaster-General, made in answer
+to the resolution of the House of Representatives of the 14th instant,
+calling for information relative to the proposed mail steamship service
+between the United States and Brazil.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 25, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+21st instant, I transmit herewith a report from the Secretary of War,
+with the accompanying papers, in reference to the operations of the
+Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 30, 1866_.
+
+_To the Senate and House of Representatives_:
+
+With sincere regret I announce to Congress that Winfield Scott, late
+Lieutenant-General in the Army of the United States, departed this life
+at West Point, in the State of New York, on the 29th day of May instant,
+at 11 o'clock in the forenoon. I feel well assured that Congress will
+share in the grief of the nation which must result from its bereavement
+of a citizen whose high fame is identified with the military history of
+the Republic.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 30, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a communication from the Secretary of War, covering a
+supplemental report to that already made to the House of
+Representatives, in answer to its resolution of the 21st instant,
+requesting the reports of General Steedman and others in reference to
+the operations of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 5, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and the Republic of
+Venezuela on the subject of the claims of citizens of the United States
+upon the Government of that Republic, which convention was signed by the
+plenipotentiaries of the parties at the city of Caracas on the 25th of
+April last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 9, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Acting Secretary of the Interior,
+communicating the information requested by a resolution of the House of
+Representatives of the 21st ultimo, in relation to the removal of the
+Sioux Indians of Minnesota and the provisions made for their
+accommodation in the Territory of Nebraska.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 9, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with a call of the Senate, as expressed in a resolution
+adopted on the 6th instant, I transmit a copy of the report of the Board
+of Visitors to the United States Naval Academy for the year 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 10th
+ultimo, calling for information relative to the claims of citizens of
+the United States against the Republic of Venezuela, I transmit a report
+from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the Senate and House of Representatives_:
+
+It is proper that I should inform Congress that a copy of an act of the
+legislature of Georgia of the 10th of March last has been officially
+communicated to me, by which that State accepts the donation of lands
+for the benefit of colleges for agriculture and the mechanic arts, which
+donation was provided for by the acts of Congress of the 2d of July,
+1862, and 14th of April, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I communicate and invite the attention of Congress to a copy of joint
+resolutions of the senate and house of representatives of the State
+of Georgia, requesting a suspension of the collection of the
+internal-revenue tax due from that State pursuant to the act of Congress
+of the 5th of August, 1861.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 13, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 11th
+instant, requesting information concerning the provisions of the laws
+and ordinances of the late insurgent States on the subject of the rebel
+debt, so called, I transmit a report from the Secretary of State and the
+document by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 14, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 28th
+of May, requesting information as to what progress has been made in
+completing the maps connected with the boundary survey under the treaty
+of Washington, with copies of any correspondence on this subject not
+heretofore printed, I transmit a report from the Secretary of State
+and the documents which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 15, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 13th instant,
+calling for information in regard to the departure of troops from
+Austria to Mexico, I transmit a report from the Secretary of State and
+the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 16, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Acting Secretary of the
+Interior, furnishing, as requested by a resolution of the Senate of the
+25th ultimo, information touching the transactions of the executive
+branch of the Government respecting the transportation, settlement,
+and colonization of persons of the African race.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 18, 1866_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 11th
+instant, requesting information in regard to the dispatch of military
+forces from Austria for service in Mexico, I transmit a report from the
+Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+21st ultimo, requesting information as to the collection of the direct
+tax in the States whose inhabitants participated in the rebellion, I
+transmit a communication from the Secretary of the Treasury, accompanied
+by a report from the Deputy Commissioner of Internal Revenue.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 22, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I submit to Congress a report of the Secretary of State, to whom was
+referred the concurrent resolution of the 18th instant, respecting a
+submission to the legislatures of the States of an additional article to
+the Constitution of the United States. It will be seen from this report
+that the Secretary of State had, on the 16th instant, transmitted to the
+governors of the several States certified copies of the joint resolution
+passed on the 13th instant, proposing an amendment to the Constitution.
+
+Even in ordinary times any question of amending the Constitution must be
+justly regarded as of paramount importance. This importance is at the
+present time enhanced by the fact that the joint resolution was not
+submitted by the two Houses for the approval of the President and that
+of the thirty-six States which constitute the Union eleven are excluded
+from representation in either House of Congress, although, with the
+single exception of Texas, they have been entirely restored to all their
+functions as States in conformity with the organic law of the land, and
+have appeared at the national capital by Senators and Representatives,
+who have applied for and have been refused admission to the vacant
+seats. Nor have the sovereign people of the nation been afforded an
+opportunity of expressing their views upon the important questions which
+the amendment involves. Grave doubts, therefore, may naturally and
+justly arise as to whether the action of Congress is in harmony with
+the sentiments of the people, and whether State legislatures, elected
+without reference to such an issue, should be called upon by Congress
+to decide respecting the ratification of the proposed amendment.
+
+Waiving the question as to the constitutional validity of the
+proceedings of Congress upon the joint resolution proposing the
+amendment or as to the merits of the article which it submits through
+the executive department to the legislatures of the States, I deem it
+proper to observe that the steps taken by the Secretary of State, as
+detailed in the accompanying report, are to be considered as purely
+ministerial, and in no sense whatever committing the Executive to an
+approval or a recommendation of the amendment to the State legislatures
+or to the people. On the contrary, a proper appreciation of the letter
+and spirit of the Constitution, as well as of the interests of national
+order, harmony, and union, and a due deference for an enlightened public
+judgment may at this time well suggest a doubt whether any amendment to
+the Constitution ought to be proposed by Congress and pressed upon the
+legislatures of the several States for final decision until after the
+admission of such loyal Senators and Representatives of the now
+unrepresented States as have been or as may hereafter be chosen in
+conformity with the Constitution and laws of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1866_.
+
+_To the Senate and House of Representatives_:
+
+In further answer to recent resolutions of the Senate and House of
+Representatives, requesting information in regard to the employment of
+European troops in Mexico, I transmit to Congress a copy of a dispatch
+of the 4th of this month addressed to the Secretary of State by the
+minister of the United States at Paris.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+18th instant, calling for information in regard to the arrest and
+imprisonment in Ireland of American citizens, I transmit herewith
+a report from the Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _June 23, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior,
+communicating in part the information requested by a resolution of the
+House of Representatives of the 23d of April last, in relation to
+appropriations and expenditures connected with the Indian service.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 28, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a communication from the Secretary of the Navy and the
+accompanying copy of a report and maps prepared by a board of examiners
+appointed under authority of the joint resolution approved June 1, 1866,
+"to examine a site for a fresh-water basin for ironclad vessels of the
+United States Navy."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 28, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, made in answer to the resolution of the House of
+Representatives of the 4th instant, requesting information as to whether
+any of the civil or military employees of the Government have assisted
+in the rendition of public honors to the rebel living or dead.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+The accompanying report of the Secretary of the Treasury is transmitted
+to the Senate in compliance with its resolution of the 20th ultimo,
+calling for a statement of the expenditures of the United States for the
+various public works of the Government in each State and Territory of
+the Union and in the District of Columbia from the year 1860 to the
+close of the year 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Seminole Nation of Indians on the 21st day of
+March, 1866, together with the accompanying communications from the
+Secretary of the Interior and the Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Creek Nation of Indians on the 14th day of
+June, 1866, together with the accompanying communications from the
+Secretary of the Interior and the Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of yesterday,
+requesting information relative to proposed international movements in
+connection with the Paris Universal Exposition for the reform of systems
+of coinage, weights, and measures, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit to Congress a report, dated 12th instant, with the
+accompanying papers, received from the Secretary of State, in compliance
+with the requirements of the eighteenth section of the act entitled "An
+act to regulate the diplomatic and consular systems of the United
+States," approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the constitutional action of the Senate, certain
+articles of agreement made at the Delaware Agency, Kans., on the 4th
+instant between the United States and the Delaware Indians.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1866_.
+
+_To the Senate_:
+
+I herewith submit, for the constitutional action of the Senate, a treaty
+negotiated at the city of Washington, D.C., on the 19th instant, between
+the United States, represented by Dennis N. Cooley, Commissioner of
+Indian Affairs, and Elijah Sells, superintendent of Indian affairs for
+the southern superintendency, and the Cherokee Nation of Indians;
+represented by its delegates, James McDaniel, Smith Christie, White
+Catcher, L.H. Benge, J.B. Jones, and Daniel H. Ross.
+
+The distracted condition of the Cherokee Nation and the peculiar
+relation of many of its members to this Government during the rebellion
+presented almost insuperable difficulties to treating with them. The
+treaty now submitted is a result of protracted negotiations. Its
+stipulations are, it is believed, as satisfactory to the contracting
+parties and furnish as just provisions for the welfare of the Indians
+and as strong guaranties for the maintenance of peaceful relations with
+them as under the circumstances could be expected.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 24, 1866_.
+
+_To the Senate of the United States_:
+
+I hereby transmit, for the constitutional action of the Senate, a treaty
+concluded on the 15th of November, 1865, between the United States and
+the confederate tribes and bands of Indians of middle Oregon, the same
+being amendatory and supplemental to the treaty with said Indians of the
+25th of June, 1855.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 24, 1866_.
+
+_To the House of Representatives_:
+
+The following "Joint resolution, restoring Tennessee to her relations in
+the Union," was last evening presented for my approval:
+
+Whereas in the year 1861 the government of the State of Tennessee was
+seized upon and taken possession of by persons in hostility to the
+United States, and the inhabitants of said State, in pursuance of an act
+of Congress, were declared to be in a state of insurrection against the
+United States; and
+
+Whereas said State government can only be restored to its former
+political relations in the Union by the consent of the lawmaking power
+of the United States; and
+
+Whereas the people of said State did, on the 22d day of February, 1865,
+by a large popular vote, adopt and ratify a constitution of government
+whereby slavery was abolished and all ordinances and laws of secession
+and debts contracted under the same were declared void; and
+
+Whereas a State government has been organized under said constitution
+which has ratified the amendment to the Constitution of the United
+States abolishing slavery, also the amendment proposed by the
+Thirty-ninth Congress, and has done other acts proclaiming and denoting
+loyalty: Therefore,
+
+_Be it resolved by the Senate and House of Representatives of the United
+States in Congress assembled_, That the State of Tennessee is hereby
+restored to her former proper practical relations to the Union, and is
+again entitled to be represented by Senators and Representatives in
+Congress.
+
+The preamble simply consists of statements, some of which are assumed,
+while the resolution is merely a declaration of opinion. It comprises no
+legislation, nor does it confer any power which is binding upon the
+respective Houses, the Executive, or the States. It does not admit to
+their seats in Congress the Senators and Representatives from the State
+of Tennessee, for, notwithstanding the passage of the resolution, each
+House, in the exercise of the constitutional right to judge for itself
+of the elections, returns, and qualifications of its members, may, at
+its discretion, admit them or continue to exclude them. If a joint
+resolution of this kind were necessary and binding as a condition
+precedent to the admission of members of Congress, it would happen, in
+the event of a veto by the Executive, that Senators and Representatives
+could only be admitted to the halls of legislation by a two-thirds vote
+of each of the Houses.
+
+Among other reasons recited in the preamble for the declaration
+contained in the resolution is the ratification by the State government
+of Tennessee of "the amendment to the Constitution of the United States
+abolishing slavery, also the amendment proposed by the Thirty-ninth
+Congress." If, as is also declared in the preamble, "said State
+government can only be restored to its former political relations in the
+Union by the consent of the lawmaking power of the United States," it
+would really seem to follow that the joint resolution which at this late
+day has received the sanction of Congress should have been passed,
+approved, and placed on the statute books before any amendment to the
+Constitution was submitted to the legislature of Tennessee for
+ratification. Otherwise the inference is plainly deducible that while,
+in the opinion of Congress, the people of a State may be too strongly
+disloyal to be entitled to representation, they may nevertheless, during
+the suspension of their "former proper practical relations to the
+Union," have an equally potent voice with other and loyal States in
+propositions to amend the Constitution, upon which so essentially depend
+the stability, prosperity, and very existence of the nation.
+
+A brief reference to my annual message of the 4th of December last will
+show the steps taken by the Executive for the restoration to their
+constitutional relations to the Union of the States that had been
+affected by the rebellion. Upon the cessation of active hostilities
+provisional governors were appointed, conventions called, governors
+elected by the people, legislatures assembled, and Senators and
+Representatives chosen to the Congress of the United States. At the same
+time the courts of the United States were reopened, the blockade
+removed, the custom-houses reestablished, and postal operations resumed.
+The amendment to the Constitution abolishing slavery forever within the
+limits of the country was also submitted to the States, and they were
+thus invited to and did participate in its ratification, thus exercising
+the highest functions pertaining to a State. In addition nearly all of
+these States, through their conventions and legislatures, had adopted
+and ratified constitutions "of government whereby slavery was abolished
+and all ordinances and laws of secession and debts contracted under the
+same were declared void." So far, then, the political existence of the
+States and their relations to the Federal Government had been fully and
+completely recognized and acknowledged by the executive department of
+the Government; and the completion of the work of restoration, which had
+progressed so favorably, was submitted to Congress, upon which devolved
+all questions pertaining to the admission to their seats of the Senators
+and Representatives chosen from the States whose people had engaged in
+the rebellion.
+
+All these steps had been taken when, on the 4th day of December, 1865,
+the Thirty-ninth Congress assembled. Nearly eight months have elapsed
+since that time; and no other plan of restoration having been proposed
+by Congress for the measures instituted by the Executive, it is now
+declared, in the joint resolution submitted for my approval, "that the
+State of Tennessee is hereby restored to her former proper practical
+relations to the Union, and is again entitled to be represented by
+Senators and Representatives in Congress." Thus, after the lapse of
+nearly eight months, Congress proposes to pave the way to the admission
+to representation of one of the eleven States whose people arrayed
+themselves in rebellion against the constitutional authority of the
+Federal Government.
+
+Earnestly desiring to remove every cause of further delay, whether real
+or imaginary, on the part of Congress to the admission to seats of loyal
+Senators and Representatives from the State of Tennessee, I have,
+notwithstanding the anomalous character of this proceeding, affixed
+my signature to the resolution. My approval, however, is not to be
+construed as an acknowledgment of the right of Congress to pass laws
+preliminary to the admission of duly qualified Representatives from any
+of the States. Neither is it to be considered as committing me to all
+the statements made in the preamble, some of which are, in my opinion,
+without foundation in fact, especially the assertion that the State of
+Tennessee has ratified the amendment to the Constitution of the United
+States proposed by the Thirty-ninth Congress. No official notice of such
+ratification has been received by the Executive or filed in the
+Department of State; on the contrary, unofficial information from the
+most reliable sources induces the belief that the amendment has not yet
+been constitutionally sanctioned by the legislature of Tennessee. The
+right of each House under the Constitution to judge of the elections,
+returns, and qualifications of its own members is undoubted, and my
+approval or disapproval of the resolution could not in the slightest
+degree increase or diminish the authority in this respect conferred
+upon the two branches of Congress.
+
+In conclusion I can not too earnestly repeat my recommendation for the
+admission of Tennessee, and all other States, to a fair and equal
+participation in national legislation when they present themselves in
+the persons of loyal Senators and Representatives who can comply with
+all the requirements of the Constitution and the laws. By this means
+harmony and reconciliation will be effected, the practical relations of
+all the States to the Federal Government reestablished, and the work of
+restoration, inaugurated upon the termination of the war, successfully
+completed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 25, 1866_.
+
+_To the Senate of the United States_:
+
+I nominate Lieutenant-General Ulysses S. Grant to be General of the Army
+of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 26, 1866_.
+
+_To the House of Representatives_:
+
+In answer to two resolutions of the House of Representatives of the 23d
+instant, in the following words, respectively--
+
+ _Resolved_, That the House of Representatives respectfully request the
+ President of the United States to urge upon the Canadian authorities,
+ and also the British Government, the release of the Fenian prisoners
+ recently captured in Canada;
+
+ _Resolved_, That this House respectfully request the President to cause
+ the prosecutions instituted in the United States courts against the
+ Fenians to be discontinued, if compatible with the public interest--
+
+
+I transmit a report on the subject from the Secretary of State, together
+with the documents which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _February 19, 1866_.
+
+_To the Senate of the United States_:
+
+I have examined with care the bill, which originated in the Senate and
+has been passed by the two Houses of Congress, to amend an act entitled
+"An act to establish a bureau for the relief of freedmen and refugees,"
+and for other purposes. Having with much regret come to the conclusion
+that it would not be consistent with the public welfare to give my
+approval to the measure, I return the bill to the Senate with my
+objections to its becoming a law.
+
+I might call to mind in advance of these objections that there is no
+immediate necessity for the proposed measure. The act to establish a
+bureau for the relief of freedmen and refugees, which was approved in
+the month of March last, has not yet expired. It was thought stringent
+and extensive enough for the purpose in view in time of war. Before it
+ceases to have effect further experience may assist to guide us to a
+wise conclusion as to the policy to be adopted in time of peace.
+
+I share with Congress the strongest desire to secure to the freedmen
+the full enjoyment of their freedom and property and their entire
+independence and equality in making contracts for their labor, but the
+bill before me contains provisions which in my opinion are not warranted
+by the Constitution and are not well suited to accomplish the end in
+view.
+
+The bill proposes to establish by authority of Congress military
+jurisdiction over all parts of the United States containing refugees and
+freedmen. It would by its very nature apply with most force to those
+parts of the United States in which the freedmen most abound, and it
+expressly extends the existing temporary jurisdiction of the Freedmen's
+Bureau, with greatly enlarged powers, over those States "in which the
+ordinary course of judicial proceedings has been interrupted by the
+rebellion." The source from which this military jurisdiction is to
+emanate is none other than the President of the United States, acting
+through the War Department and the Commissioner of the Freedmen's
+Bureau. The agents to carry out this military jurisdiction are to be
+selected either from the Army or from civil life; the country is to be
+divided into districts and subdistricts, and the number of salaried
+agents to be employed may be equal to the number of counties or parishes
+in all the United States where freedmen and refugees are to be found.
+
+The subjects over which this military jurisdiction is to extend in every
+part of the United States include protection to "all employees, agents,
+and officers of this bureau in the exercise of the duties imposed" upon
+them by the bill. In eleven States it is further to extend over all
+cases affecting freedmen and refugees discriminated against "by local
+law, custom, or prejudice." In those eleven States the bill subjects any
+white person who may be charged with depriving a freedman of "any civil
+rights or immunities belonging to white persons" to imprisonment or
+fine, or both, without, however, defining the "civil rights and
+immunities" which are thus to be secured to the freedmen by military
+law. This military jurisdiction also extends to all questions that may
+arise respecting contracts. The agent who is thus to exercise the office
+of a military judge may be a stranger, entirely ignorant of the laws of
+the place, and exposed to the errors of judgment to which all men are
+liable. The exercise of power over which there is no legal supervision
+by so vast a number of agents as is contemplated by the bill must, by
+the very nature of man, be attended by acts of caprice, injustice, and
+passion.
+
+The trials having their origin under this bill are to take place without
+the intervention of a jury and without any fixed rules of law or
+evidence. The rules on which offenses are to be "heard and determined"
+by the numerous agents are such rules and regulations as the President,
+through the War Department, shall prescribe. No previous presentment is
+required nor any indictment charging the commission of a crime against
+the laws; but the trial must proceed on charges and specifications. The
+punishment will be, not what the law declares, but such as a
+court-martial may think proper; and from these arbitrary tribunals there
+lies no appeal, no writ of error to any of the courts in which the
+Constitution of the United States vests exclusively the judicial power
+of the country.
+
+While the territory and the classes of actions and offenses that are
+made subject to this measure are so extensive, the bill itself, should
+it become a law, will have no limitation in point of time, but will form
+a part of the permanent legislation of the country. I can not reconcile
+a system of military jurisdiction of this kind with the words of the
+Constitution which declare that "no person shall be held to answer
+for a capital or otherwise infamous crime unless on a presentment or
+indictment of a grand jury, except in cases arising in the land or naval
+forces, or in the militia when in actual service in time of war or
+public danger," and that "in all criminal prosecutions the accused shall
+enjoy the right to a speedy and public trial by an impartial jury of the
+State and district wherein the crime shall have been committed." The
+safeguards which the experience and wisdom of ages taught our fathers
+to establish as securities for the protection of the innocent, the
+punishment of the guilty, and the equal administration of justice are
+to be set aside, and for the sake of a more vigorous interposition in
+behalf of justice we are to take the risks of the many acts of injustice
+that would necessarily follow from an almost countless number of agents
+established in every parish or county in nearly a third of the States of
+the Union, over whose decisions there is to be no supervision or control
+by the Federal courts. The power that would be thus placed in the hands
+of the President is such as in time of peace certainly ought never to be
+intrusted to any one man.
+
+If it be asked whether the creation of such a tribunal within a State is
+warranted as a measure of war, the question immediately presents itself
+whether we are still engaged in war. Let us not unnecessarily disturb
+the commerce and credit and industry of the country by declaring to the
+American people and to the world that the United States are still in a
+condition of civil war. At present there is no part of our country in
+which the authority of the United States is disputed. Offenses that may
+be committed by individuals should not work a forfeiture of the rights
+of whole communities. The country has returned, or is returning, to a
+state of peace and industry, and the rebellion is in fact at an end.
+The measure, therefore, seems to be as inconsistent with the actual
+condition of the country as it is at variance with the Constitution of
+the United States.
+
+If, passing from general considerations, we examine the bill in detail,
+it is open to weighty objections.
+
+In time of war it was eminently proper that we should provide for
+those who were passing suddenly from a condition of bondage to a state
+of freedom. But this bill proposes to make the Freedmen's Bureau,
+established by the act of 1865 as one of many great and extraordinary
+military measures to suppress a formidable rebellion, a permanent branch
+of the public administration, with its powers greatly enlarged. I have
+no reason to suppose, and I do not understand it to be alleged, that
+the act of March, 1865, has proved deficient for the purpose for which
+it was passed, although at that time and for a considerable period
+thereafter the Government of the United States remained unacknowledged
+in most of the States whose inhabitants had been involved in the
+rebellion. The institution of slavery, for the military destruction of
+which the Freedmen's Bureau was called into existence as an auxiliary,
+has been already effectually and finally abrogated throughout the whole
+country by an amendment of the Constitution of the United States, and
+practically its eradication has received the assent and concurrence of
+most of those States in which it at any time had an existence. I am not,
+therefore, able to discern in the condition of the country anything to
+justify an apprehension that the powers and agencies of the Freedmen's
+Bureau, which were effective for the protection of freedmen and refugees
+during the actual continuance of hostilities and of African servitude,
+will now, in a time of peace and after the abolition of slavery, prove
+inadequate to the same proper ends. If I am correct in these views,
+there can be no necessity for the enlargement of the powers of the
+Bureau, for which provision is made in the bill.
+
+The third section of the bill authorizes a general and unlimited grant
+of support to the destitute and suffering refugees and freedmen, their
+wives and children. Succeeding sections make provision for the rent or
+purchase of landed estates for freedmen, and for the erection for their
+benefit of suitable buildings for asylums and schools, the expenses to
+be defrayed from the Treasury of the whole people. The Congress of the
+United States has never heretofore thought itself empowered to establish
+asylums beyond the limits of the District of Columbia, except for the
+benefit of our disabled soldiers and sailors. It has never founded
+schools for any class of our own people, not even for the orphans of
+those who have fallen in the defense of the Union, but has left the care
+of education to the much more competent and efficient control of the
+States, of communities, of private associations, and of individuals.
+It has never deemed itself authorized to expend the public money for
+the rent or purchase of homes for the thousands, not to say millions,
+of the white race who are honestly toiling from day to day for their
+subsistence. A system for the support of indigent persons in the United
+States was never contemplated by the authors of the Constitution; nor
+can any good reason be advanced why, as a permanent establishment,
+it should be founded for one class or color of our people more than
+another. Pending the war many refugees and freedmen received support
+from the Government, but it was never intended that they should
+thenceforth be fed, clothed, educated, and sheltered by the United
+States. The idea on which the slaves were assisted to freedom was that
+on becoming free they would be a self-sustaining population. Any
+legislation that shall imply that they are not expected to attain a
+self-sustaining condition must have a tendency injurious alike to their
+character and their prospects.
+
+The appointment of an agent for every county and parish will create an
+immense patronage, and the expense of the numerous officers and their
+clerks, to be appointed by the President, will be great in the
+beginning, with a tendency steadily to increase. The appropriations
+asked by the Freedmen's Bureau as now established, for the year 1866,
+amount to $11,745,000. It may be safely estimated that the cost to be
+incurred under the pending bill will require double that amount--more
+than the entire sum expended in any one year under the Administration of
+the second Adams. If the presence of agents in every parish and county
+is to be considered as a war measure, opposition, or even resistance,
+might be provoked; so that to give effect to their jurisdiction troops
+would have to be stationed within reach of every one of them, and thus a
+large standing force be rendered necessary. Large appropriations would
+therefore be required to sustain and enforce military jurisdiction in
+every county or parish from the Potomac to the Rio Grande. The condition
+of our fiscal affairs is encouraging, but in order to sustain the
+present measure of public confidence it is necessary that we practice
+not merely customary economy, but, as far as possible, severe
+retrenchment.
+
+In addition to the objections already stated, the fifth section of the
+bill proposes to take away land from its former owners without any
+legal proceedings being first had, contrary to that provision of the
+Constitution which declares that no person shall "be deprived of life,
+liberty, or property without due process of law." It does not appear
+that a part of the lands to which this section refers may not be owned
+by minors or persons of unsound mind, or by those who have been faithful
+to all their obligations as citizens of the United States. If any
+portion of the land is held by such persons, it is not competent for
+any authority to deprive them of it. If, on the other hand, it be found
+that the property is liable to confiscation, even then it can not be
+appropriated to public purposes until by due process of law it shall
+have been declared forfeited to the Government.
+
+There is still further objection to the bill, on grounds seriously
+affecting the class of persons to whom it is designed to bring relief.
+It will tend to keep the mind of the freedman in a state of uncertain
+expectation and restlessness, while to those among whom he lives it will
+be a source of constant and vague apprehension.
+
+Undoubtedly the freedman should be protected, but he should be protected
+by the civil authorities, especially by the exercise of all the
+constitutional powers of the courts of the United States and of the
+States. His condition is not so exposed as may at first be imagined.
+He is in a portion of the country where his labor can not well be
+spared. Competition for his services from planters, from those who
+are constructing or repairing railroads, and from capitalists in his
+vicinage or from other States will enable him to command almost his own
+terms. He also possesses a perfect right to change his place of abode,
+and if, therefore, he does not find in one community or State a mode of
+life suited to his desires or proper remuneration for his labor, he can
+move to another where that labor is more esteemed and better rewarded.
+In truth, however, each State, induced by its own wants and interests,
+will do what is necessary and proper to retain within its borders all
+the labor that is needed for the development of its resources. The laws
+that regulate supply and demand will maintain their force, and the wages
+of the laborer will be regulated thereby. There is no danger that the
+exceedingly great demand for labor will not operate in favor of the
+laborer.
+
+Neither is sufficient consideration given to the ability of the freedmen
+to protect and take care of themselves. It is no more than justice to
+them to believe that as they have received their freedom with moderation
+and forbearance, so they will distinguish themselves by their industry
+and thrift, and soon show the world that in a condition of freedom they
+are self-sustaining, capable of selecting their own employment and
+their own places of abode, of insisting for themselves on a proper
+remuneration, and of establishing and maintaining their own asylums and
+schools. It is earnestly hoped that instead of wasting away they will by
+their own efforts establish for themselves a condition of respectability
+and prosperity. It is certain that they can attain to that condition
+only through their own merits and exertions.
+
+In this connection the query presents itself whether the system proposed
+by the bill will not, when put into complete operation, practically
+transfer the entire care, support, and control of 4,000,000 emancipated
+slaves to agents, overseers, or taskmasters, who, appointed at
+Washington, are to be located in every county and parish throughout the
+United States containing freedmen and refugees. Such a system would
+inevitably tend to a concentration of power in the Executive which would
+enable him, if so disposed, to control the action of this numerous class
+and use them for the attainment of his own political ends.
+
+I can not but add another very grave objection to this bill. The
+Constitution imperatively declares, in connection with taxation, that
+each State _shall_ have at least one Representative, and fixes the rule
+for the number to which, in future times, each State shall be entitled.
+It also provides that the Senate of the United States _shall_ be
+composed of two Senators from each State, and adds with peculiar force
+"that no State, without its consent, shall be deprived of its equal
+suffrage in the Senate." The original act was necessarily passed in the
+absence of the States chiefly to be affected, because their people were
+then contumaciously engaged in the rebellion. Now the case is changed,
+and some, at least, of those States are attending Congress by loyal
+representatives, soliciting the allowance of the constitutional right
+for representation. At the time, however, of the consideration and the
+passing of this bill there was no Senator or Representative in Congress
+from the eleven States which are to be mainly affected by its
+provisions. The very fact that reports were and are made against the
+good disposition of the people of that portion of the country is an
+additional reason why they need and should have representatives of their
+own in Congress to explain their condition, reply to accusations,
+and assist by their local knowledge in the perfecting of measures
+immediately affecting themselves. While the liberty of deliberation
+would then be free and Congress would have full power to decide
+according to its judgment, there could be no objection urged that the
+States most interested had not been permitted to be heard. The principle
+is firmly fixed in the minds of the American people that there should be
+no taxation without representation. Great burdens have now to be borne
+by all the country, and we may best demand that they shall be borne
+without murmur when they are voted by a majority of the representatives
+of all the people. I would not interfere with the unquestionable right
+of Congress to judge, each House for itself, "of the elections, returns,
+and qualifications of its own members;" but that authority can not be
+construed as including the right to shut out in time of peace any State
+from the representation to which it is entitled by the Constitution.
+At present all the people of eleven States are excluded--those who
+were most faithful during the war not less than others. The State of
+Tennessee, for instance, whose authorities engaged in rebellion, was
+restored to all her constitutional relations to the Union by the
+patriotism and energy of her injured and betrayed people. Before the war
+was brought to a termination they had placed themselves in relations
+with the General Government, had established a State government of their
+own, and, as they were not included in the emancipation proclamation,
+they by their own act had amended their constitution so as to abolish
+slavery within the limits of their State. I know no reason why the State
+of Tennessee, for example, should not fully enjoy "all her
+constitutional relations to the United States."
+
+The President of the United States stands toward the country in
+a somewhat different attitude from that of any member of Congress.
+Each member of Congress is chosen from a single district or State;
+the President is chosen by the people of all the States. As eleven
+States are not at this time represented in either branch of Congress, it
+would seem to be his duty on all proper occasions to present their just
+claims to Congress. There always will be differences of opinion in the
+community, and individuals may be guilty of transgressions of the law,
+but these do not constitute valid objections against the right of a
+State to representation. I would in no wise interfere with the
+discretion of Congress with regard to the qualifications of members; but
+I hold it my duty to recommend to you, in the interests of peace and the
+interests of union, the admission of every State to its share in public
+legislation when, however insubordinate, insurgent, or rebellious its
+people may have been, it presents itself, not only in an attitude of
+loyalty and harmony, but in the persons of representatives whose loyalty
+can not be questioned under any existing constitutional or legal test.
+It is plain that an indefinite or permanent exclusion of any part of the
+country from representation must be attended by a spirit of disquiet and
+complaint. It is unwise and dangerous to pursue a course of measures
+which will unite a very large section of the country against another
+section of the country, however much the latter may preponderate. The
+course of emigration, the development of industry and business, and
+natural causes will raise up at the South men as devoted to the Union as
+those of any other part of the land; but if they are all excluded from
+Congress, if in a permanent statute they are declared not to be in full
+constitutional relations to the country, they may think they have cause
+to become a unit in feeling and sentiment against the Government. Under
+the political education of the American people the idea is inherent and
+ineradicable that the consent of the majority of the whole people is
+necessary to secure a willing acquiescence in legislation.
+
+The bill under consideration refers to certain of the States as though
+they had not "been fully restored in all their constitutional relations
+to the United States." If they have not, let us at once act together to
+secure that desirable end at the earliest possible moment. It is hardly
+necessary for me to inform Congress that in my own judgment most of
+those States, so far, at least, as depends upon their own action, have
+already been fully restored, and are to be deemed as entitled to enjoy
+their constitutional rights as members of the Union. Reasoning from the
+Constitution itself and from the actual situation of the country, I feel
+not only entitled but bound to assume that with the Federal courts
+restored and those of the several States in the full exercise of their
+functions the rights and interests of all classes of people will,
+with the aid of the military in cases of resistance to the laws,
+be essentially protected against unconstitutional infringement or
+violation. Should this expectation unhappily fail, which I do not
+anticipate, then the Executive is already fully armed with the powers
+conferred by the act of March, 1865, establishing the Freedmen's Bureau,
+and hereafter, as heretofore, he can employ the land and naval forces of
+the country to suppress insurrection or to overcome obstructions to the
+laws.
+
+In accordance with the Constitution, I return the bill to the Senate,
+in the earnest hope that a measure involving questions and interests so
+important to the country will not become a law, unless upon deliberate
+consideration by the people it shall receive the sanction of an
+enlightened public judgment.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 27, 1866_.
+
+_To the Senate of the United States_:
+
+I regret that the bill, which has passed both Houses of Congress,
+entitled "An act to protect all persons in the United States in their
+civil rights and furnish the means of their vindication," contains
+provisions which I can not approve consistently with my sense of duty to
+the whole people and my obligations to the Constitution of the United
+States. I am therefore constrained to return it to the Senate, the House
+in which it originated, with my objections to its becoming a law.
+
+By the first section of the bill all persons born in the United States
+and not subject to any foreign power, excluding Indians not taxed, are
+declared to be citizens of the United States. This provision comprehends
+the Chinese of the Pacific States, Indians subject to taxation, the
+people called gypsies, as well as the entire race designated as blacks,
+people of color, negroes, mulattoes, and persons of African blood. Every
+individual of these races born in the United States is by the bill made
+a citizen of the United States. It does not purport to declare or confer
+any other right of citizenship than Federal citizenship. It does not
+purport to give these classes of persons any status as citizens of
+States, except that which may result from their status as citizens of
+the United States. The power to confer the right of State citizenship is
+just as exclusively with the several States as the power to confer the
+right of Federal citizenship is with Congress.
+
+The right of Federal citizenship thus to be conferred on the several
+excepted races before mentioned is now for the first time proposed to be
+given by law. If, as is claimed by many, all persons who are native born
+already are, by virtue of the Constitution, citizens of the United
+States, the passage of the pending bill can not be necessary to make
+them such. If, on the other hand, such persons are not citizens, as may
+be assumed from the proposed legislation to make them such, the grave
+question presents itself whether, when eleven of the thirty-six States
+are unrepresented in Congress at the present time, it is sound policy
+to make our entire colored population and all other excepted classes
+citizens of the United States. Four millions of them have just emerged
+from slavery into freedom. Can it be reasonably supposed that they
+possess the requisite qualifications to entitle them to all the
+privileges and immunities of citizens of the United States? Have the
+people of the several States expressed such a conviction? It may also be
+asked whether it is necessary that they should be declared citizens in
+order that they may be secured in the enjoyment of the civil rights
+proposed to be conferred by the bill. Those rights are, by Federal as
+well as State laws, secured to all domiciled aliens and foreigners, even
+before the completion of the process of naturalization; and it may
+safely be assumed that the same enactments are sufficient to give like
+protection and benefits to those for whom this bill provides special
+legislation. Besides, the policy of the Government from its origin to
+the present time seems to have been that persons who are strangers to
+and unfamiliar with our institutions and our laws should pass through
+a certain probation, at the end of which, before attaining the coveted
+prize, they must give evidence of their fitness to receive and to
+exercise the rights of citizens as contemplated by the Constitution of
+the United States. The bill in effect proposes a discrimination against
+large numbers of intelligent, worthy, and patriotic foreigners, and in
+favor of the negro, to whom, after long years of bondage, the avenues to
+freedom and intelligence have just now been suddenly opened. He must of
+necessity, from his previous unfortunate condition of servitude, be less
+informed as to the nature and character of our institutions than he who,
+coming from abroad, has, to some extent at least, familiarized himself
+with the principles of a Government to which he voluntarily intrusts
+"life, liberty, and the pursuit of happiness." Yet it is now proposed,
+by a single legislative enactment, to confer the rights of citizens upon
+all persons of African descent born within the extended limits of the
+United States, while persons of foreign birth who make our land their
+home must undergo a probation of five years, and can only then become
+citizens upon proof that they are "of good moral character, attached to
+the principles of the Constitution of the United States, and well
+disposed to the good order and happiness of the same."
+
+The first section of the bill also contains an enumeration of the rights
+to be enjoyed by these classes so made citizens "in every State and
+Territory in the United States." These rights are "to make and enforce
+contracts; to sue, be parties, and give evidence; to inherit, purchase,
+lease, sell, hold, and convey real and personal property," and to have
+"full and equal benefit of all laws and proceedings for the security of
+person and property as is enjoyed by white citizens." So, too, they are
+made subject to the same punishment, pains, and penalties in common with
+white citizens, and to none other. Thus a perfect equality of the white
+and colored races is attempted to be fixed by Federal law in every State
+of the Union over the vast field of State jurisdiction covered by these
+enumerated rights. In no one of these can any State ever exercise any
+power of discrimination between the different races. In the exercise of
+State policy over matters exclusively affecting the people of each State
+it has frequently been thought expedient to discriminate between the
+two races. By the statutes of some of the States, Northern as well
+as Southern, it is enacted, for instance, that no white person shall
+intermarry with a negro or mulatto. Chancellor Kent says, speaking of
+the blacks, that--
+
+ Marriages between them and the whites are forbidden in some of the
+ States where slavery does not exist, and they are prohibited in all the
+ slaveholding States; and when not absolutely contrary to law, they are
+ revolting, and regarded as an offense against public decorum.
+
+I do not say that this bill repeals State laws on the subject of
+marriage between the two races, for as the whites are forbidden to
+intermarry with the blacks, the blacks can only make such contracts as
+the whites themselves are allowed to make, and therefore can not under
+this bill enter into the marriage contract with the whites. I cite this
+discrimination, however, as an instance of the State policy as to
+discrimination, and to inquire whether if Congress can abrogate all
+State laws of discrimination between the two races in the matter of real
+estate, of suits, and of contracts generally Congress may not also
+repeal the State laws as to the contract of marriage between the two
+races. Hitherto every subject embraced in the enumeration of rights
+contained in this bill has been considered as exclusively belonging to
+the States. They all relate to the internal police and economy of the
+respective States. They are matters which in each State concern the
+domestic condition of its people, varying in each according to its own
+peculiar circumstances and the safety and well-being of its own
+citizens. I do not mean to say that upon all these subjects there are
+not Federal restraints--as, for instance, in the State power of
+legislation over contracts there is a Federal limitation that no State
+shall pass a law impairing the obligations of contracts; and, as to
+crimes, that no State shall pass an _ex post facto_ law; and, as to
+money, that no State shall make anything but gold and silver a legal
+tender; but where can we find a Federal prohibition against the power
+of any State to discriminate, as do most of them, between aliens and
+citizens, between artificial persons, called corporations, and natural
+persons, in the right to hold real estate? If it be granted that
+Congress can repeal all State laws discriminating between whites and
+blacks in the subjects covered by this bill, why, it may be asked, may
+not Congress repeal in the same way all State laws discriminating
+between the two races on the subjects of suffrage and office? If
+Congress can declare by law who shall hold lands, who shall testify, who
+shall have capacity to make a contract in a State, then Congress can by
+law also declare who, without regard to color or race, shall have the
+right to sit as a juror or as a judge, to hold any office, and, finally,
+to vote "in every State and Territory of the United States." As respects
+the Territories, they come within the power of Congress, for as to them
+the lawmaking power is the Federal power; but as to the States no
+similar provision exists vesting in Congress the power "to make rules
+and regulations" for them.
+
+The object of the second section of the bill is to afford discriminating
+protection to colored persons in the full enjoyment of all the rights
+secured to them by the preceding section. It declares--
+
+ That any person who, under color of any law, statute, ordinance,
+ regulation, or custom, shall subject, or cause to be subjected, any
+ inhabitant of any State or Territory to the deprivation of any right
+ secured or protected by this act, or to different punishment, pains, or
+ penalties on account of such person having at any time been held in a
+ condition of slavery or involuntary servitude, except as a punishment
+ for crime whereof the party shall have been duly convicted, or by reason
+ of his color or race, than is prescribed for the punishment of white
+ persons, shall be deemed guilty of a misdemeanor, and on conviction
+ shall be punished by fine not exceeding $1,000, or imprisonment not
+ exceeding one year, or both, in the discretion of the court.
+
+
+This section seems to be designed to apply to some existing or future
+law of a State or Territory which may conflict with the provisions of
+the bill now under consideration. It provides for counteracting such
+forbidden legislation by imposing fine and imprisonment upon the
+legislators who may pass such conflicting laws, or upon the officers or
+agents who shall put or attempt to put them into execution. It means an
+official offense, not a common crime committed against law upon the
+persons or property of the black race. Such an act may deprive the black
+man of his property, but not of the _right_ to hold property. It means
+a deprivation of the right itself, either by the State judiciary or
+the State legislature. It is therefore assumed that under this section
+members of State legislatures who should vote for laws conflicting with
+the provisions of the bill, that judges of the State courts who should
+render judgments in antagonism with its terms, and that marshals and
+sheriffs who should, as ministerial officers, execute processes
+sanctioned by State laws and issued by State judges in execution of
+their judgments could be brought before other tribunals and there
+subjected to fine and imprisonment for the performance of the duties
+which such State laws might impose. The legislation thus proposed
+invades the judicial power of the State. It says to every State court or
+judge, If you decide that this act is unconstitutional; if you refuse,
+under the prohibition of a State law, to allow a negro to testify; if
+you hold that over such a subject-matter the State law is paramount, and
+"under color" of a State law refuse the exercise of the right to the
+negro, your error of judgment, however conscientious, shall subject
+you to fine and imprisonment. I do not apprehend that the conflicting
+legislation which the bill seems to contemplate is so likely to occur as
+to render it necessary at this time to adopt a measure of such doubtful
+constitutionality.
+
+In the next place, this provision of the bill seems to be unnecessary,
+as adequate judicial remedies could be adopted to secure the desired end
+without invading the immunities of legislators, always important to be
+preserved in the interest of public liberty; without assailing the
+independence of the judiciary, always essential to the preservation of
+individual rights; and without impairing the efficiency of ministerial
+officers, always necessary for the maintenance of public peace and
+order. The remedy proposed by this section seems to be in this respect
+not only anomalous, but unconstitutional; for the Constitution
+guarantees nothing with certainty if it does not insure to the several
+States the right of making and executing laws in regard to all matters
+arising within their jurisdiction, subject only to the restriction that
+in cases of conflict with the Constitution and constitutional laws of
+the United States the latter should be held to be the supreme law of the
+land.
+
+The third section gives the district courts of the United States
+exclusive "cognizance of all crimes and offenses committed against the
+provisions of this act," and concurrent jurisdiction with the circuit
+courts of the United States of all civil and criminal cases "affecting
+persons who are denied or can not enforce in the courts or judicial
+tribunals of the State or locality where they may be any of the rights
+secured to them by the first section." The construction which I have
+given to the second section is strengthened by this third section, for
+it makes clear what kind of denial or deprivation of the rights secured
+by the first section was in contemplation. It is a denial or deprivation
+of such rights "in the courts or judicial tribunals of the State." It
+stands, therefore, clear of doubt that the offense and the penalties
+provided in the second section are intended for the State judge who, in
+the clear exercise of his functions as a judge, not acting ministerially
+but judicially, shall decide contrary to this Federal law. In other
+words, when a State judge, acting upon a question involving a conflict
+between a State law and a Federal law, and bound, according to his own
+judgment and responsibility, to give an impartial decision between the
+two, comes to the conclusion that the State law is valid and the Federal
+law is invalid, he must not follow the dictates of his own judgment, at
+the peril of fine and imprisonment. The legislative department of the
+Government of the United States thus takes from the judicial department
+of the States the sacred and exclusive duty of judicial decision, and
+converts the State judge into a mere ministerial officer, bound to
+decide according to the will of Congress.
+
+It is clear that in States which deny to persons whose rights are
+secured by the first section of the bill any one of those rights all
+criminal and civil cases affecting them will, by the provisions of the
+third section, come under the exclusive cognizance of the Federal
+tribunals. It follows that if, in any State which denies to a colored
+person any one of all those rights, that person should commit a crime
+against the laws of a State--murder, arson, rape, or any other
+crime--all protection and punishment through the courts of the State are
+taken away, and he can only be tried and punished in the Federal courts.
+How is the criminal to be tried? If the offense is provided for and
+punished by Federal law, that law, and not the State law, is to govern.
+It is only when the offense does not happen to be within the purview of
+Federal law that the Federal courts are to try and punish him under any
+other law. Then resort is to be had to "the common law, as modified and
+changed" by State legislation, "so far as the same is not inconsistent
+with the Constitution and laws of the United States." So that over this
+vast domain of criminal jurisprudence provided by each State for the
+protection of its own citizens and for the punishment of all persons who
+violate its criminal laws, Federal law, whenever it can be made to
+apply, displaces State law. The question here naturally arises, from
+what source Congress derives the power to transfer to Federal tribunals
+certain classes of cases embraced in this section. The Constitution
+expressly declares that the judicial power of the United States "shall
+extend to all cases, in law and equity, arising under this Constitution,
+the laws of the United States, and treaties made or which shall be made
+under their authority; to all cases affecting ambassadors, other public
+ministers, and consuls; to all cases of admiralty and maritime
+jurisdiction; to controversies to which the United States shall be a
+party; to controversies between two or more States, between a State and
+citizens of another State, between citizens of different States, between
+citizens of the same State claiming lands under grants of different
+States, and between a State, or the citizens thereof, and foreign
+states, citizens, or subjects." Here the judicial power of the United
+States is expressly set forth and defined; and the act of September 24,
+1789, establishing the judicial courts of the United States, in
+conferring upon the Federal courts jurisdiction over cases originating
+in State tribunals, is careful to confine them to the classes enumerated
+in the above-recited clause of the Constitution. This section of the
+bill undoubtedly comprehends cases and authorizes the exercise of powers
+that are not, by the Constitution, within the jurisdiction of the courts
+of the United States. To transfer them to those courts would be an
+exercise of authority well calculated to excite distrust and alarm on
+the part of all the States, for the bill applies alike to all of
+them--as well to those that have as to those that have not been engaged
+in rebellion.
+
+It may be assumed that this authority is incident to the power granted
+to Congress by the Constitution, as recently amended, to enforce, by
+appropriate legislation, the article declaring that--
+
+ Neither slavery nor involuntary servitude, except as a punishment for
+ crime whereof the party shall have been duly convicted, shall exist
+ within the United States or any place subject to their jurisdiction.
+
+
+It can not, however, be justly claimed that, with a view to the
+enforcement of this article of the Constitution, there is at present any
+necessity for the exercise of all the powers which this bill confers.
+Slavery has been abolished, and at present nowhere exists within the
+jurisdiction of the United States; nor has there been, nor is it likely
+there will be, any attempt to revive it by the people or the States.
+If, however, any such attempt shall be made, it will then become the
+duty of the General Government to exercise any and all incidental powers
+necessary and proper to maintain inviolate this great constitutional law
+of freedom.
+
+The fourth section of the bill provides that officers and agents of the
+Freedmen's Bureau shall be empowered to make arrests, and also that
+other officers may be specially commissioned for that purpose by the
+President of the United States. It also authorizes circuit courts of the
+United States and the superior courts of the Territories to appoint,
+without limitation, commissioners, who are to be charged with the
+performance of _quasi_ judicial duties. The fifth section empowers the
+commissioners so to be selected by the courts to appoint in writing,
+under their hands, one or more suitable persons from time to time to
+execute warrants and other processes described by the bill. These
+numerous official agents are made to constitute a sort of police,
+in addition to the military, and are authorized to summon a _posse
+comitatus_, and even to call to their aid such portion of the land
+and naval forces of the United States, or of the militia, "as may be
+necessary to the performance of the duty with which they are charged."
+This extraordinary power is to be conferred upon agents irresponsible to
+the Government and to the people, to whose number the discretion of the
+commissioners is the only limit, and in whose hands such authority might
+be made a terrible engine of wrong, oppression, and fraud. The general
+statutes regulating the land and naval forces of the United States, the
+militia, and the execution of the laws are believed to be adequate for
+every emergency which can occur in time of peace. If it should prove
+otherwise, Congress can at any time amend those laws in such manner as,
+while subserving the public welfare, not to jeopard the rights,
+interests, and liberties of the people.
+
+The seventh section provides that a fee of $10 shall be paid to each
+commissioner in every case brought before him, and a fee of $5 to his
+deputy or deputies "for each person he or they may arrest and take
+before any such commissioner," "with such other fees as may be deemed
+reasonable by such commissioner," "in general for performing such other
+duties as may be required in the premises." All these fees are to be
+"paid out of the Treasury of the United States," whether there is a
+conviction or not; but in case of conviction they are to be recoverable
+from the defendant. It seems to me that under the influence of such
+temptations bad men might convert any law, however beneficent, into an
+instrument of persecution and fraud.
+
+By the eighth section of the bill the United States courts, which sit
+only in one place for white citizens, must migrate with the marshal and
+district attorney (and necessarily with the clerk, although he is not
+mentioned) to any part of the district upon the order of the President,
+and there hold a court, "for the purpose of the more speedy arrest and
+trial of persons charged with a violation of this act;" and there the
+judge and officers of the court must remain, upon the order of the
+President, "for the time therein designated."
+
+The ninth section authorizes the President, or such person as he may
+empower for that purpose, "to employ such part of the land or naval
+forces of the United States, or of the militia, as shall be necessary
+to prevent the violation and enforce the due execution of this act."
+This language seems to imply a permanent military force, that is to be
+always at hand, and whose only business is to be the enforcement of this
+measure over the vast region where it is intended to operate.
+
+I do not propose to consider the policy of this bill. To me the details
+of the bill seem fraught with evil. The white race and the black race of
+the South have hitherto lived together under the relation of master and
+slave--capital owning labor. Now, suddenly, that relation is changed,
+and as to ownership capital and labor are divorced. They stand now each
+master of itself. In this new relation, one being necessary to the
+other, there will be a new adjustment, which both are deeply interested
+in making harmonious. Each has equal power in settling the terms, and
+if left to the laws that regulate capital and labor it is confidently
+believed that they will satisfactorily work out the problem. Capital, it
+is true, has more intelligence, but labor is never so ignorant as not to
+understand its own interests, not to know its own value, and not to see
+that capital must pay that value.
+
+This bill frustrates this adjustment. It intervenes between capital and
+labor and attempts to settle questions of political economy through the
+agency of numerous officials whose interest it will be to foment discord
+between the two races, for as the breach widens their employment will
+continue, and when it is closed their occupation will terminate.
+
+In all our history, in all our experience as a people living under
+Federal and State law, no such system as that contemplated by the
+details of this bill has ever before been proposed or adopted. They
+establish for the security of the colored race safeguards which go
+infinitely beyond any that the General Government has ever provided for
+the white race. In fact, the distinction of race and color is by the
+bill made to operate in favor of the colored and against the white race.
+They interfere with the municipal legislation of the States, with the
+relations existing exclusively between a State and its citizens, or
+between inhabitants of the same State--an absorption and assumption of
+power by the General Government which, if acquiesced in, must sap and
+destroy our federative system of limited powers and break down the
+barriers which preserve the rights of the States. It is another step,
+or rather stride, toward centralization and the concentration of all
+legislative powers in the National Government. The tendency of the
+bill must be to resuscitate the spirit of rebellion and to arrest the
+progress of those influences which are more closely drawing around the
+States the bonds of union and peace.
+
+My lamented predecessor, in his proclamation of the 1st of January,
+1863, ordered and declared that all persons held as slaves within
+certain States and parts of States therein designated were and
+thenceforward should be free; and further, that the executive government
+of the United States, including the military and naval authorities
+thereof, would recognize and maintain the freedom of such persons.
+This guaranty has been rendered especially obligatory and sacred by the
+amendment of the Constitution abolishing slavery throughout the United
+States. I therefore fully recognize the obligation to protect and
+defend that class of our people whenever and wherever it shall become
+necessary, and to the full extent compatible with the Constitution of
+the United States.
+
+Entertaining these sentiments, it only remains for me to say that I will
+cheerfully cooperate with Congress in any measure that may be necessary
+for the protection of the civil rights of the freedmen, as well as those
+of all other classes of persons throughout the United States, by
+judicial process, under equal and impartial laws, in conformity with the
+provisions of the Federal Constitution.
+
+I now return the bill to the Senate, and regret that in considering the
+bills and joint resolutions--forty-two in number--which have been thus
+far submitted for my approval I am compelled to withhold my assent from
+a second measure that has received the sanction of both Houses of
+Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 15, 1866_.
+
+_To the Senate of the United States_:
+
+I return to the Senate, in which House it originated, the bill, which
+has passed both Houses of Congress, entitled "An act for the admission
+of the State of Colorado into the Union," with my objections to its
+becoming a law at this time.
+
+First. From the best information which I have been able to obtain
+I do not consider the establishment of a State government at present
+necessary for the welfare of the people of Colorado. Under the existing
+Territorial government all the rights, privileges, and interests of the
+citizens are protected and secured. The qualified voters choose their
+own legislators and their own local officers, and are represented in
+Congress by a Delegate of their own selection. They make and execute
+their own municipal laws, subject only to revision by Congress--an
+authority not likely to be exercised unless in extreme or extraordinary
+cases. The population is small, some estimating it so low as 25,000,
+while advocates of the bill reckon the number at from 35,000 to 40,000
+souls. The people are principally recent settlers, many of whom are
+understood to be ready for removal to other mining districts beyond
+the limits of the Territory if circumstances shall render them more
+inviting. Such a population can not but find relief from excessive
+taxation if the Territorial system, which devolves the expenses of the
+executive, legislative, and judicial departments upon the United States,
+is for the present continued. They can not but find the security of
+person and property increased by their reliance upon the national
+executive power for the maintenance of law and order against the
+disturbances necessarily incident to all newly organized communities.
+
+Second. It is not satisfactorily established that a majority of the
+citizens of Colorado desire or are prepared for an exchange of a
+Territorial for a State government. In September, 1864, under the
+authority of Congress, an election was lawfully appointed and held for
+the purpose of ascertaining the views of the people upon this particular
+question. Six thousand one hundred and ninety-two votes were cast, and
+of this number a majority of 3,152 was given against the proposed
+change. In September, 1865, without any legal authority, the question
+was again presented to the people of the Territory, with the view of
+obtaining a reconsideration of the result of the election held in
+compliance with the act of Congress approved March 21, 1864. At this
+second election 5,905 votes were polled, and a majority of 155 was given
+in favor of a State organization. It does not seem to me entirely safe
+to receive this, the last-mentioned, result, so irregularly obtained, as
+sufficient to outweigh the one which had been legally obtained in the
+first election. Regularity and conformity to law are essential to the
+preservation of order and stable government, and should, as far as
+practicable, always be observed in the formation of new States.
+
+Third. The admission of Colorado at this time as a State into the
+Federal Union appears to me to be incompatible with the public interests
+of the country. While it is desirable that Territories, when
+sufficiently matured, should be organized as States, yet the spirit of
+the Constitution seems to require that there should be an approximation
+toward equality among the several States composing the Union. No State
+can have less or more than two Senators in Congress. The largest State
+has a population of 4,000,000; several of the States have a population
+exceeding 2,000,000, and many others have a population exceeding
+1,000,000. A population of 127,000 is the ratio of apportionment of
+Representatives among the several States.
+
+If this bill should become a law, the people of Colorado, 30,000 in
+number, would have in the House of Representatives one member, while New
+York, with a population of 4,000,000, has but thirty-one; Colorado would
+have in the electoral college three votes, while New York has only
+thirty-three; Colorado would have in the Senate two votes, while New
+York has no more.
+
+Inequalities of this character have already occurred, but it is believed
+that none have happened where the inequality was so great. When such
+inequality has been allowed, Congress is supposed to have permitted it
+on the ground of some high public necessity and under circumstances
+which promised that it would rapidly disappear through the growth and
+development of the newly admitted State. Thus, in regard to the several
+States in what was formerly called the "Northwest Territory," lying east
+of the Mississippi, their rapid advancement in population rendered it
+certain that States admitted with only one or two Representatives in
+Congress would in a very short period be entitled to a great increase
+of representation. So, when California was admitted, on the ground of
+commercial and political exigencies, it was well foreseen that that
+State was destined rapidly to become a great, prosperous, and important
+mining and commercial community. In the case of Colorado, I am not aware
+that any national exigency, either of a political or commercial nature,
+requires a departure from the law of equality which has been so
+generally adhered to in our history.
+
+If information submitted in connection with this bill is reliable,
+Colorado, instead of increasing, has declined in population. At an
+election for members of a Territorial legislature held in 1861, 10,580
+votes were cast; at the election before mentioned, in 1864, the number
+of votes cast was 6,192; while at the irregular election held in 1865,
+which is assumed as a basis for legislative action at this time, the
+aggregate of votes was 5,905. Sincerely anxious for the welfare and
+prosperity of every Territory and State, as well as for the prosperity
+and welfare of the whole Union, I regret this apparent decline of
+population in Colorado; but it is manifest that it is due to emigration
+which is going on from that Territory into other regions within the
+United States, which either are in fact or are believed by the
+inhabitants of Colorado to be richer in mineral wealth and agricultural
+resources. If, however, Colorado has not really declined in population,
+another census or another election under the authority of Congress would
+place the question beyond doubt, and cause but little delay in the
+ultimate admission of the Territory as a State if desired by the people.
+
+The tenor of these objections furnishes the reply which may be expected
+to an argument in favor of the measure derived from the enabling act
+which was passed by Congress on the 21st day of March, 1864. Although
+Congress then supposed that the condition of the Territory was such as
+to warrant its admission as a State, the result of two years' experience
+shows that every reason which existed for the institution of a
+Territorial instead of a State government in Colorado at its first
+organization still continues in force.
+
+The condition of the Union at the present moment is calculated to
+inspire caution in regard to the admission of new States. Eleven of the
+old States have been for some time, and still remain, unrepresented
+in Congress. It is a common interest of all the States, as well those
+represented as those unrepresented, that the integrity and harmony of
+the Union should be restored as completely as possible, so that all
+those who are expected to bear the burdens of the Federal Government
+shall be consulted concerning the admission of new States; and that
+in the meantime no new State shall be prematurely and unnecessarily
+admitted to a participation in the political power which the Federal
+Government wields, not for the benefit of any individual State or
+section, but for the common safety, welfare, and happiness of the whole
+country.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 15, 1866_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act to enable the New York and Montana Iron Mining
+and Manufacturing Company to purchase a certain amount of the public
+lands not now in market" is herewith returned to the Senate, in which it
+originated, with the objections which induce me to withhold my approval.
+
+By the terms of this bill the New York and Montana Iron Mining and
+Manufacturing Company are authorized, at any time within one year after
+the date of approval, to _preempt_ two tracts of land in the Territory
+of Montana, not exceeding in the aggregate twenty sections, and not
+included in any Indian reservation or in any Government reservation for
+military or other purposes. Three of these sections may be selected from
+lands containing _iron ore and coal_, and the remainder from _timber_
+lands lying near thereto. These selections are to be made under
+regulations from the Secretary of the Interior and be subject to his
+approval. The company, on the selection of the lands, may acquire
+immediate possession by permanently marking their boundaries and
+publishing description thereof in any two newspapers of general
+circulation in the Territory of Montana. Patents are to be issued on
+the performance, within two years, of the following conditions:
+
+First. The lands to be surveyed at the expense of the company, and each
+tract to be "as nearly in a square form as may be practicable."
+
+Second. The company to furnish evidence satisfactory to the Secretary of
+the Interior that they have erected and have in operation in one or more
+places on said lands iron works capable of manufacturing at least 1,500
+tons of iron per annum.
+
+Third. The company to have paid for said lands the minimum price of
+$1.25 per acre.
+
+It is also provided that the "patents shall convey no title to any
+mineral lands except iron and coal, or to any lands held by right of
+possession, or by any other title, _except Indian title_, valid at
+the time of the selection of the said lands." The company are to have
+the privileges of _ordinary preemptors_ and be subject to the same
+restrictions as such preemptors with reference to wood and timber on the
+lands, with the exception of so much as may be necessarily used in the
+erection of buildings and in the legitimate business of manufacturing
+iron.
+
+The parties upon whom these privileges are conferred are designated in
+the bill as "The New York and Montana Iron Mining and Manufacturing
+Company." Their names and residence not being disclosed, it must be
+inferred that this company is a corporation, which, under color of
+corporate powers derived from some State or Territorial legislative
+authority, proposes to carry on the business of mining and manufacturing
+iron, and to accomplish these ends seeks this grant of public land in
+Montana. Two questions thus arise, viz, whether the privileges the bill
+would confer should be granted to any person or persons, and, secondly,
+whether, if unobjectionable in other respects, they should be conferred
+upon a corporation.
+
+The public domain is a national trust, set apart and held for the
+general welfare upon principles of equal justice, and not to be bestowed
+as a special privilege upon a favored class. The proper rules for the
+disposal of public land have from the earliest period been the subject
+of earnest inquiry, grave discussion, and deliberate judgment. The
+purpose of _direct_ revenue was the first object, and this was attained
+by public sale to the highest bidder, and subsequently by the right of
+private purchase at a fixed minimum. It was soon discovered that the
+surest and most speedy means of promoting the wealth and prosperity of
+the country was by encouraging actual settlement and occupation, and
+hence a system of preemption rights, resulting most beneficially, in all
+the Western Territories. By progressive steps it has advanced to the
+homestead principle, securing to every head of a family, widow, and
+single man 21 years of age and to every soldier who has borne arms for
+his country a landed estate sufficient, with industry, for the purpose
+of independent support.
+
+Without tracing the system of preemption laws through the several
+stages, it is sufficient to observe that it rests upon certain just
+and plain principles, firmly established in all our legislation. The
+object of these laws is to encourage the expansion of population and
+the development of agricultural interests, and hence they have been
+invariably restricted to settlers. Actual residence and cultivation are
+made indispensable conditions; and, to guard the privilege from abuses
+of speculation or monopoly, the law is rigid as to the mode of
+establishing claims by adequate testimony, with penalties for perjury.
+Mining, trading, or any pursuit other than culture of the soil is
+interdicted, mineral lands being expressly excluded from preemption
+privileges, excepting those containing coal, which, in quantities not
+exceeding 160 acres, are restricted to individuals in actual possession
+and commerce, with an enhanced minimum of $20 per acre.
+
+For a quarter of a century the quantity of land subject to agricultural
+preemption has been limited so as not to exceed a quarter section, or
+160 acres; and, still further to guard against monopoly, the privilege
+of preemption is not allowed to any person who owns 320 acres of land in
+any State or Territory of the United States, nor is any person entitled
+to more than one preemptive right, nor is it extended to lands to which
+the Indian usufruct has not been extinguished. To restrict the
+privilege within reasonable limits, credit to the ordinary preemptor on
+_offered_ land is not extended beyond twelve months, within which time
+the minimum price must be paid. Where the settlement is upon _unoffered_
+territory, the time for payment is limited to the day of public offering
+designated by proclamation of the President; while, to prevent
+depreciation of the land by waste or destruction of what may constitute
+its value, penal enactments have been made for the punishment of persons
+depredating upon public timber.
+
+Now, supposing the New York and Montana Iron Mining and Manufacturing
+Company to be entitled to all the preemption rights which it has been
+found just and expedient to bestow upon natural persons, it will be seen
+that the privileges conferred by the bill in question are in direct
+conflict with every principle heretofore observed in respect to the
+disposal of the public lands.
+
+The bill confers preemption right to _mineral lands_, which, excepting
+coal lands, at an enhanced minimum, have heretofore, as a general
+principle, been carefully excluded from preemption. The object of the
+company is not to cultivate the soil or to promote agriculture, but is
+for the sole purpose of mining and manufacturing iron. The company is
+not limited, like ordinary preemptors, to one preemptive claim of a
+quarter section, but may preempt two bodies of land, amounting in
+the aggregate to twenty sections, containing 12,800 acres, or eighty
+ordinary individual preemption rights. The timber is not protected, but,
+on the contrary, is devoted to speedy destruction; for even before the
+consummation of title the company are allowed to consume whatever may be
+necessary in the erection of buildings and the business of manufacturing
+iron. For these special privileges, in contravention of the land policy
+of so many years, the company are required to pay only the minimum price
+of $1.25 per acre, or one-sixteenth of the established minimum, and are
+granted a credit of two years, or twice the time allowed ordinary
+preemptors on offered lands.
+
+Nor is this all. The preemption right in question covers three sections
+of land containing iron ore and _coal_. The act passed on the 1st of
+July, 1864, made it lawful for the President to cause tracts embracing
+coal beds or coal fields to be offered at public sale in suitable legal
+subdivisions to the highest bidder, after public notice of not less than
+three months, at a minimum price of $20 per acre, and any lands not thus
+disposed of were thereafter to be liable to private entry at said
+minimum. By the act of March 3, 1865, the right of preemption to coal
+lands is granted to any citizen of the United States who at that date
+was engaged in the business of coal mining on the public domain for
+purposes of commerce; and he is authorized to enter, according to legal
+subdivisions, at the minimum price of $20 per acre, a quantity of land
+not exceeding 160 acres, to embrace his improvements and mining
+premises. Under these acts the minimum price of three sections of coal
+lands would be thirty-eight thousand four hundred dollars ($38,400).
+
+By the bill now in question these sections containing _coal and iron_
+are bestowed on this company at the nominal price of $1.25 per acre, or
+two thousand four hundred dollars ($2,400), thus making a gratuity or
+gift to the New York and Montana Iron Mining and Manufacturing Company
+of thirty-six thousand dollars ($36,000).
+
+On what ground can such a gratuity to this company be justified,
+especially at a time when the burdens of taxation bear so heavily upon
+all classes of the people?
+
+Less than two years ago it appears to have been the deliberate judgment
+of Congress that tracts of land containing coal beds or coal fields
+should be sold, after three months' notice, to the bidder at public
+auction who would give the highest price over $20 per acre, and that
+a citizen engaged in the business of actual coal mining on the public
+domain should only secure a tract of 160 acres, at private entry, upon
+payment of $20 per acre and formal and satisfactory proof that he in all
+respects came within the requirements of the statute. It can not be that
+the coal fields of Montana have depreciated nearly twenty fold in value
+since July, 1864. So complete a revolution in the land policy as is
+manifested by this act can only be ascribed, therefore, to an
+inadvertence, which Congress will, I trust, promptly correct.
+
+Believing that the preemption policy--so deliberately adopted, so long
+practiced, so carefully guarded with a view to the disposal of the
+public lands in a manner that would promote the population and
+prosperity of the country--should not be perverted to the purposes
+contemplated by this bill, I would be constrained to withhold my
+sanction even if this company were, as natural persons, entitled to the
+privileges of ordinary preemptors; for if a corporation, as the name and
+the absence of any designation of individuals would denote, the measure
+before me is liable to another fatal objection.
+
+Why should incorporated companies have the privileges of individual
+preemptors? What principle of justice requires such a policy? What
+motive of public welfare can fail to condemn it? Lands held by
+corporations were regarded by ancient laws as held in mortmain, or by
+"dead hand," and from the time of Magna Charta corporations required
+the royal license to hold land, because such holding was regarded as in
+derogation of public policy and common right. Preemption is itself a
+special privilege, only authorized by its supposed public benefit in
+promoting the settlement and cultivation of vacant territory and in
+rewarding the enterprise of the persons upon whom the privilege is
+bestowed. "Preemption rights," as declared by the Supreme Court of the
+United States, "are founded in an enlightened public policy, rendered
+necessary by the enterprise of our citizens. The adventurous pioneer,
+who is found in advance of our settlements, encounters many hardships,
+and not unfrequently dangers from savage incursions. He is generally
+poor, and it is fit that his enterprise should be rewarded by the
+privilege of purchasing the spot selected by him, not to exceed 160
+acres."
+
+It may be said that this company, before they obtain a patent, must
+prove that within two years they "have erected and have in operation
+in one or more places on the said lands iron works with a capacity for
+manufacturing at least 1,500 tons of iron per annum." On the other hand,
+they are to have possession for two years of more than 12,000 acres of
+the choice land of the Territory, of which nearly 2,000 acres are to
+contain _iron ore and coal_ and over 10,000 acres to be of _timber_
+land selected by themselves. They will thus have the first and exclusive
+choice. In fact, they are the only parties who at this time would have
+any privilege whatever in the way of obtaining titles in that Territory.
+Inasmuch as Montana has not yet been organized into a land district, the
+general preemption laws for the benefit of individual settlers have not
+yet been extended to that country, nor has a single acre of public
+land in the Territory yet been surveyed. With such exclusive and
+extraordinary privileges, how many companies would be willing to
+undertake furnaces that would produce 5 tons per day in much less time
+than two years?
+
+It is plain the pretended consideration on which the patent is to issue
+bears no just proportion to that of the ordinary preemptor, and that
+this bill is but the precursor of a system of land distribution to a
+privileged class, unequal, unjust, and which ought not to receive the
+sanction of the General Government. Many thousand pioneers have turned
+their steps to the Western Territories, seeking, with their wives and
+children, homesteads to be acquired by sturdy industry under the
+preemption laws. On their arrival they should not find the timbered
+lands and the tracts containing iron ore and coal already surveyed and
+claimed by corporate companies, favored by the special legislation of
+Congress, and with boundaries fixed even in advance of the public
+surveys--a departure from the salutary provision requiring a settler
+upon unsurveyed lands to limit the boundaries of his claim to the lines
+of the public survey after they shall have been established. He receives
+a title only to a legal subdivision, including his residence and
+improvements. The survey of the company may not accord with that which
+will hereafter be made by the Government, while the patent that issues
+will be descriptive of and confer a title to the tract as surveyed by
+the company.
+
+I am aware of no precedent for granting such exclusive rights to a
+manufacturing company for a nominal consideration. Congress have made
+concessions to railway companies of alternate sections within given
+limits of the lines of their roads. This policy originated in the belief
+that the facilities afforded by reaching the parts of the country remote
+from the great centers of population would expedite the settlement and
+sale of the public domain. These incidental advantages were secured
+without pecuniary loss to the Government, by reason of the enhanced
+value of the reserved sections, which are held at the double minimum.
+Mining and manufacturing companies, however, have always been
+distinguished from public-improvement corporations. The former are, in
+law and in fact, only private associations for trade and business on
+individual account and for personal benefit. Admitting the proposition
+that railroad grants can stand on sound principle, it is plain that such
+can not be the case with concessions to companies like that contemplated
+by this measure. In view of the strong temptation to monopolize the
+public lands, with the pernicious results, it would seem at least of
+doubtful expediency to lift corporations above all competition with
+actual settlers by authorizing them to become purchasers of public lands
+in the Territories for any purpose, and particularly when clothed with
+the special benefits of this bill. For myself, I am convinced that the
+privileges of ordinary preemptors ought not to be extended to
+incorporated companies.
+
+A third objection may be mentioned, as it exemplifies the spirit in
+which special privileges are sought by incorporated companies.
+
+Land subject to Indian occupancy has always been scrupulously guarded by
+law from preemption settlement or encroachment under any pretext until
+the Indian title should be extinguished. In the fourth section of this
+act, however, lands held by "Indian title" are excepted from prohibition
+against the patent to be issued to the New York and Montana Iron Mining
+and Manufacturing Company.
+
+The bill provides that the patent "shall convey no title to any mineral
+lands _except iron and coal_, or to any lands held by right of
+possession, or by any other title, _except Indian title_, valid at
+the time of the selection of the said lands." It will be seen that by
+the first section lands in "Indian reservations" are excluded from
+individual preemption right, but by the fourth section the patent may
+cover any Indian title except a _reservation_; so that no matter what
+may be the nature of the Indian title, unless it be in a reservation,
+it is unprotected from the privilege conceded by this bill.
+
+Without further pursuing the subject, I return the bill to the Senate
+without my signature, and with the following as prominent objections to
+its becoming a law:
+
+First. That it gives to the New York and Montana Iron Mining and
+Manufacturing Company preemption privileges to iron and coal lands on a
+large scale and at the ordinary minimum--a privilege denied to ordinary
+preemptors. It bestows upon the company large tracts of _coal_ lands at
+one-sixteenth of the minimum price required from ordinary preemptors.
+It also relieves the company from restrictions imposed upon ordinary
+preemptors in respect to _timber lands_; allows double the time for
+payment granted to preemptors on offered lands; and these privileges are
+for purposes not heretofore authorized by the preemption laws, but for
+trade and manufacturing.
+
+Second. Preemption rights on such a scale to private corporations are
+unequal and hostile to the policy and principles which sanction
+preemption laws.
+
+Third. The bill allows this company to take possession of land, use it,
+and acquire a patent thereto before the Indian title is extinguished,
+and thus violates the good faith of the Government toward the aboriginal
+tribes.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 16, 1866_.
+
+_To the House of Representatives_:
+
+A careful examination of the bill passed by the two Houses of Congress
+entitled "An act to continue in force and to amend 'An act to establish
+a bureau for the relief of freedmen and refugees, and for other
+purposes'" has convinced me that the legislation which it proposes would
+not be consistent with the welfare of the country, and that it falls
+clearly within the reasons assigned in my message of the 19th of
+February last, returning, without my signature, a similar measure which
+originated in the Senate. It is not my purpose to repeat the objections
+which I then urged. They are yet fresh in your recollection, and can be
+readily examined as a part of the records of one branch of the National
+Legislature. Adhering to the principles set forth in that message, I now
+reaffirm them and the line of policy therein indicated.
+
+The only ground upon which this kind of legislation can be justified is
+that of the war-making power. The act of which this bill is intended
+as amendatory was passed during the existence of the war. By its own
+provisions it is to terminate within one year from the cessation of
+hostilities and the declaration of peace. It is therefore yet in
+existence, and it is likely that it will continue in force as long
+as the freedmen may require the benefit of its provisions. It will
+certainly remain in operation as a law until some months subsequent to
+the meeting of the next session of Congress, when, if experience shall
+make evident the necessity of additional legislation, the two Houses
+will have ample time to mature and pass the requisite measures. In the
+meantime the questions arise, Why should this war measure be continued
+beyond the period designated in the original act, and why in time of
+peace should military tribunals be created to continue until each
+"State shall be fully restored in its constitutional relations to the
+Government and shall be duly represented in the Congress of the United
+States"?
+
+It was manifest, with respect to the act approved March 3, 1865, that
+prudence and wisdom alike required that jurisdiction over all cases
+concerning the free enjoyment of the immunities and rights of
+citizenship, as well as the protection of person and property, should
+be conferred upon some tribunal in every State or district where the
+ordinary course of judicial proceedings was interrupted by the
+rebellion, and until the same should be fully restored. At that time,
+therefore, an urgent necessity existed for the passage of some such
+law. Now, however, war has substantially ceased; the ordinary course of
+judicial proceedings is no longer interrupted; the courts, both State
+and Federal, are in full, complete, and successful operation, and
+through them every person, regardless of race and color, is entitled to
+and can be heard. The protection granted to the white citizen is already
+conferred by law upon the freedman; strong and stringent guards, by way
+of penalties and punishments, are thrown around his person and property,
+and it is believed that ample protection will be afforded him by due
+process of law, without resort to the dangerous expedient of "military
+tribunals," now that the war has been brought to a close. The necessity
+no longer existing for such tribunals, which had their origin in the
+war, grave objections to their continuance must present themselves to
+the minds of all reflecting and dispassionate men. Independently of the
+danger, in representative republics, of conferring upon the military,
+in time of peace, extraordinary powers--so carefully guarded against
+by the patriots and statesmen of the earlier days of the Republic,
+so frequently the ruin of governments founded upon the same free
+principles, and subversive of the rights and liberties of the
+citizen--the question of practical economy earnestly commends itself to
+the consideration of the lawmaking power. With an immense debt already
+burdening the incomes of the industrial and laboring classes, a due
+regard for their interests, so inseparably connected with the welfare of
+the country, should prompt us to rigid economy and retrenchment, and
+influence us to abstain from all legislation that would unnecessarily
+increase the public indebtedness. Tested by this rule of sound political
+wisdom, I can see no reason for the establishment of the "military
+jurisdiction" conferred upon the officials of the Bureau by the
+fourteenth section of the bill.
+
+By the laws of the United States and of the different States competent
+courts, Federal and State, have been established and are now in full
+practical operation. By means of these civil tribunals ample redress is
+afforded for all private wrongs, whether to the person or the property
+of the citizen, without denial or unnecessary delay. They are open to
+all, without regard to color or race. I feel well assured that it will
+be better to trust the rights, privileges, and immunities of the citizen
+to tribunals thus established, and presided over by competent and
+impartial judges, bound by fixed rules of law and evidence, and where
+the right of trial by jury is guaranteed and secured, than to the
+caprice or judgment of an officer of the Bureau, who it is possible
+may be entirely ignorant of the principles that underlie the just
+administration of the law. There is danger, too, that conflict of
+jurisdiction will frequently arise between the civil courts and these
+military tribunals, each having concurrent jurisdiction over the person
+and the cause of action--the one judicature administered and controlled
+by civil law, the other by the military. How is the conflict to be
+settled, and who is to determine between the two tribunals when it
+arises? In my opinion, it is wise to guard against such conflict by
+leaving to the courts and juries the protection of all civil rights
+and the redress of all civil grievances.
+
+The fact can not be denied that since the actual cessation of
+hostilities many acts of violence, such, perhaps, as had never been
+witnessed in their previous history, have occurred in the States
+involved in the recent rebellion. I believe, however, that public
+sentiment will sustain me in the assertion that such deeds of wrong are
+not confined to any particular State or section, but are manifested over
+the entire country, demonstrating that the cause that produced them
+does not depend upon any particular locality, but is the result of
+the agitation and derangement incident to a long and bloody civil war.
+While the prevalence of such disorders must be greatly deplored, their
+occasional and temporary occurrence would seem to furnish no necessity
+for the extension of the Bureau beyond the period fixed in the original
+act.
+
+Besides the objections which I have thus briefly stated, I may urge upon
+your consideration the additional reason that recent developments in
+regard to the practical operations of the Bureau in many of the States
+show that in numerous instances it is used by its agents as a means of
+promoting their individual advantage, and that the freedmen are employed
+for the advancement of the personal ends of the officers instead of
+their own improvement and welfare, thus confirming the fears originally
+entertained by many that the continuation of such a Bureau for any
+unnecessary length of time would inevitably result in fraud, corruption,
+and oppression. It is proper to state that in cases of this character
+investigations have been promptly ordered, and the offender punished
+whenever his guilt has been satisfactorily established.
+
+As another reason against the necessity of the legislation contemplated
+by this measure, reference may be had to the "civil-rights bill," now a
+law of the land, and which will be faithfully executed so long as it
+shall remain unrepealed and may not be declared unconstitutional by
+courts of competent jurisdiction. By that act it is enacted--
+
+ That all persons born in the United States and not subject to any
+ foreign power, excluding Indians not taxed, are hereby declared to
+ be citizens of the United States; and such citizens, of every race
+ and color, without regard to any previous condition of slavery or
+ involuntary servitude, except as a punishment for crime whereof the
+ party shall have been duly convicted, shall have the same right in every
+ State and Territory in the United States to make and enforce contracts;
+ to sue, be parties, and give evidence; to inherit, purchase, lease,
+ sell, hold, and convey real and personal property, and to full and equal
+ benefit of all laws and proceedings for the security of person and
+ property, as is enjoyed by white citizens, and shall be subject to like
+ punishment, pains, and penalties, and to none other, any law, statute,
+ ordinance, regulation, or custom to the contrary notwithstanding.
+
+
+By the provisions of the act full protection is afforded through the
+district courts of the United States to all persons injured, and whose
+privileges, as thus declared, are in any way impaired; and heavy
+penalties are denounced against the person who willfully violates the
+law. I need not state that that law did not receive my approval; yet its
+remedies are far more preferable than those proposed in the present
+bill--the one being civil and the other military.
+
+By the sixth section of the bill herewith returned certain proceedings
+by which the lands in the "parishes of St. Helena and St. Luke, South
+Carolina," were sold and bid in, and afterwards disposed of by the tax
+commissioners, are ratified and confirmed. By the seventh, eighth,
+ninth, tenth, and eleventh sections provisions by law are made for the
+disposal of the lands thus acquired to a particular class of citizens.
+While the quieting of titles is deemed very important and desirable, the
+discrimination made in the bill seems objectionable, as does also the
+attempt to confer upon the commissioners judicial powers by which
+citizens of the United States are to be deprived of their property in a
+mode contrary to that provision of the Constitution which declares that
+no person shall "be deprived of life, liberty, or property without due
+process of law." As a general principle, such legislation is unsafe,
+unwise, partial, and unconstitutional. It may deprive persons of their
+property who are equally deserving objects of the nation's bounty as
+those whom by this legislation Congress seeks to benefit. The title to
+the land thus to be portioned out to a favored class of citizens must
+depend upon the regularity of the tax sales under the law as it existed
+at the time of the sale, and no subsequent legislation can give
+validity to the right thus acquired as against the original claimants.
+The attention of Congress is therefore invited to a more mature
+consideration of the measures proposed in these sections of the bill.
+
+In conclusion I again urge upon Congress the danger of class
+legislation, so well calculated to keep the public mind in a state of
+uncertain expectation, disquiet, and restlessness and to encourage
+interested hopes and fears that the National Government will continue to
+furnish to classes of citizens in the several States means for support
+and maintenance regardless of whether they pursue a life of indolence or
+of labor, and regardless also of the constitutional limitations of the
+national authority in times of peace and tranquillity.
+
+The bill is herewith returned to the House of Representatives, in which
+it originated, for its final action.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 28, 1866_.
+
+_To the House of Representatives_:
+
+I herewith return, without my approval, the bill entitled "An act
+erecting the Territory of Montana into a surveying district, and for
+other purposes."
+
+The bill contains four sections, the first of which erects the Territory
+into a surveying district and authorizes the appointment of a
+surveyor-general; the second constitutes the Territory a land district;
+the third authorizes the appointment of a register and receiver for said
+district; and the fourth requires the surveyor-general to--
+
+ select and survey eighteen alternate odd sections of nonmineral timber
+ lands within said district for the New York and Montana Iron Mining and
+ Manufacturing Company, incorporated under the laws of the State of New
+ York, which lands the said company shall have immediate possession of on
+ the payment of _$1.25_ per acre, and shall have a patent for the same
+ whenever, within two years after their selection, they shall have
+ furnished evidence satisfactory to the Secretary of the Interior that
+ they have erected and have in operation on the said lands iron works
+ with a capacity for manufacturing 1,500 tons of iron per annum:
+ _Provided_, That the said lands shall revert to the United States in
+ case the above-mentioned iron works be not erected within the specified
+ time: _And provided_, That until the title to the said lands shall have
+ been perfected the timber shall not be cut off from more than one
+ section of the said lands.
+
+To confer the special privileges specified in this fourth section
+appears to be the chief object of the bill, the provisions of which are
+subject to some of the most important objections that induced me to
+return to the Senate with my disapproval the bill entitled "An act to
+enable the New York and Montana Iron Mining and Manufacturing Company
+to purchase a certain amount of the public lands not now in market."
+That bill authorized the same corporation to select and survey in the
+Territory of Montana, in square form, twenty-one sections of land, three
+of which might contain coal and iron ore, for which the minimum rate of
+$1.25 per acre was to be paid. The present bill omits these sections of
+mineral lands, and directs the surveyor-general to select and survey the
+timber lands; but it contains the objectionable feature of granting
+to a private mining and manufacturing corporation exclusive rights and
+privileges in the public domain which are by law denied to individuals.
+The first choice of timber land in the Territory is bestowed upon a
+corporation foreign to the Territory and over which Congress has no
+control. The surveyor-general of the district, a public officer who
+should have no connection with any purchase of public land, is made the
+agent of the corporation to select the land, the selections to be made
+in the absence of all competition; and over 11,000 acres are bestowed
+at the lowest price of public lands. It is by no means certain that
+the substitution of alternate sections for the compact body of lands
+contemplated by the other bill is any less injurious to the public
+interest, for alternate sections stripped of timber are not likely
+to enhance the value of those reserved by the Government. Be this as
+it may, this bill bestows a large monopoly of public lands without
+adequate consideration; confers a right and privilege in quantity
+equivalent to seventy-two preemption rights; introduces a dangerous
+system of privileges to private trading corporations; and is an unjust
+discrimination in favor of traders and speculators against individual
+settlers and pioneers who are seeking homes and improving our Western
+Territories. Such a departure from the long-established, wise, and just
+policy which has heretofore governed the disposition of the public funds
+[lands] can not receive my sanction. The objections enumerated apply to
+the fourth section of the bill. The first, second, and third sections,
+providing for the appointment of a surveyor-general, register, and
+receiver, are unobjectionable if any necessity requires the creation
+of these offices and the additional expenses of a new surveying land
+district. But they appear in this instance to be only needed as a part
+of the machinery to enable the "New York and Montana Iron Mining and
+Manufacturing Company" to secure these privileges; for I am informed by
+the proper Department, in a communication hereto annexed, that there is
+no public necessity for a surveyor-general, register, or receiver in
+Montana Territory, since it forms part of an existing surveying and land
+district, wherein the public business is, under present laws, transacted
+with adequate facility, so that the provisions of the first, second, and
+third sections would occasion needless expense to the General
+Government.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 13th day of October, 1864, having been
+issued to Esteban Rogers, recognizing him as consul _ad interim_ of the
+Republic of Chile for the port of New York and its dependencies and
+declaring him free to exercise and enjoy such functions, powers, and
+privileges as are allowed to consuls by the law of nations or by the
+laws of the United States and existing treaty stipulations between the
+Government of Chile and the United States; but as it is deemed advisable
+that the said Esteban Rogers should no longer be permitted to continue
+in the exercise of said functions, powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said
+Esteban Rogers as consul _ad interim_ of the Republic of Chile for
+the port of New York and its dependencies and will not permit him to
+exercise or enjoy any of the functions, powers, or privileges allowed to
+a consular officer of that nation; and that I do hereby wholly revoke
+and annul the said exequatur heretofore given and do declare the same
+to be absolutely null and void from this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, this 12th day of February, A.D.
+1866, and of the Independence of the United States of America the
+ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 7th day of October, 1864, having been
+issued to Claudius Edward Habicht, recognizing him as consul of Sweden
+and Norway at New York and declaring him free to exercise and enjoy such
+functions, powers, and privileges as are allowed to consuls by the law
+of nations or by the laws of the United States and existing treaty
+stipulations between the Government of Sweden and Norway and the United
+States; but as it is deemed advisable that the said Claudius Edward
+Habicht should no longer be permitted to continue in the exercise of
+said functions, powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said
+Claudius Edward Habicht as consul of Sweden and Norway at New York and
+will not permit him to exercise or enjoy any of the functions, powers,
+or privileges allowed to a consular officer of that nation; and that I
+do hereby wholly revoke and annul the said exequatur heretofore given
+and do declare the same to be absolutely null and void from this day
+forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+and of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 1st day of July, 1865, having been issued
+to S.M. Svenson, recognizing him as vice-consul of Sweden and Norway at
+New Orleans and declaring him free to exercise and enjoy such functions,
+powers, and privileges as are allowed to vice-consuls by the law of
+nations or by the laws of the United States and existing treaty
+stipulations between the Government of Sweden and Norway and the United
+States; but as it is deemed advisable that the said S.M. Svenson should
+no longer be permitted to continue in the exercise of said functions,
+powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said S.M.
+Svenson as vice-consul of Sweden and Norway at New Orleans and will
+not permit him to exercise or enjoy any of the functions, powers, or
+privileges allowed to a consular officer of that nation; and that I do
+hereby wholly revoke and annul the said exequatur heretofore given and
+do declare the same to be absolutely null and void from this day
+forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+and of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by proclamations of the 15th and 19th of April, 1861, the
+President of the United States, in virtue of the power vested in him by
+the Constitution and the laws, declared that the laws of the United
+States were opposed and the execution thereof obstructed in the States
+of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+and Texas by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings or by the powers vested in the marshals
+by law; and
+
+Whereas by another proclamation, made on the 16th day of August, in the
+same year, in pursuance of an act of Congress approved July 13, 1861,
+the inhabitants of the States of Georgia, South Carolina, Virginia,
+North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+Mississippi, and Florida (except the inhabitants of that part of the
+State of Virginia lying west of the Alleghany Mountains and of such
+other parts of that State and the other States before named as might
+maintain a loyal adhesion to the Union and the Constitution or might be
+from time to time occupied and controlled by forces of the United States
+engaged in the dispersion of insurgents) were declared to be in a state
+of insurrection against the United States; and
+
+Whereas by another proclamation, of the 1st day of July, 1862, issued in
+pursuance of an act of Congress approved June 7, in the same year, the
+insurrection was declared to be still existing in the States aforesaid,
+with the exception of certain specified counties in the State of
+Virginia; and
+
+Whereas by another proclamation, made on the 2d day of April, 1863, in
+pursuance of the act of Congress of July 13, 1861, the exceptions named
+in the proclamation of August 16, 1861, were revoked and the inhabitants
+of the States of Georgia, South Carolina, North Carolina, Tennessee,
+Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+(except the forty-eight counties of Virginia designated as West Virginia
+and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+North Carolina) were declared to be still in a state of insurrection
+against the United States; and
+
+Whereas the House of Representatives, on the 22d day of July, 1861,
+adopted a resolution in the words following, namely:
+
+ _Resolved by the House of Representatives of the Congress of the United
+ States_, That the present deplorable civil war has been forced upon the
+ country by the disunionists of the Southern States now in revolt against
+ the constitutional Government and in arms around the capital; that in
+ this national emergency Congress, banishing all feelings of mere passion
+ or resentment, will recollect only its duty to the whole country; that
+ this war is not waged upon our part in any spirit of oppression, nor for
+ any purpose of conquest or subjugation, nor purpose of overthrowing or
+ interfering with the rights or established institutions of those States,
+ but to defend and maintain the supremacy of the Constitution and to
+ preserve the Union, with all the dignity, equality, and rights of the
+ several States unimpaired; and that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas the Senate of the United States, on the 25th day of July,
+1861, adopted a resolution in the words following, to wit:
+
+ _Resolved_, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas these resolutions, though not joint or concurrent in form,
+are substantially identical, and as such may be regarded as having
+expressed the sense of Congress upon the subject to which they relate;
+and
+
+Whereas by my proclamation of the 13th day of June last the insurrection
+in the State of Tennessee was declared to have been suppressed, the
+authority of the United States therein to be undisputed, and such United
+States officers as had been duly commissioned to be in the undisturbed
+exercise of their official functions; and
+
+Whereas there now exists no organized armed resistance of misguided
+citizens or others to the authority of the United States in the States
+of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can
+be sustained and enforced therein by the proper civil authority, State
+or Federal, and the people of said States are well and loyally disposed
+and have conformed or will conform in their legislation to the condition
+of affairs growing out of the amendment to the Constitution of the
+United States prohibiting slavery within the limits and jurisdiction of
+the United States; and
+
+Whereas, in view of the before-recited premises, it is the manifest
+determination of the American people that no State of its own will has
+the right or the power to go out of, or separate itself from, or be
+separated from, the American Union, and that therefore each State ought
+to remain and constitute an integral part of the United States; and
+
+Whereas the people of the several before-mentioned States have, in the
+manner aforesaid, given satisfactory evidence that they acquiesce in
+this sovereign and important resolution of national unity; and
+
+Whereas it is believed to be a fundamental principle of government that
+people who have revolted and who have been overcome and subdued must
+either be dealt with so as to induce them voluntarily to become friends
+or else they must be held by absolute military power or devastated so as
+to prevent them from ever again doing harm as enemies, which last-named
+policy is abhorrent to humanity and to freedom; and
+
+Whereas the Constitution of the United States provides for constituent
+communities only as States, and not as Territories, dependencies,
+provinces, or protectorates; and
+
+Whereas such constituent States must necessarily be, and by the
+Constitution and laws of the United States are, made equals and placed
+upon a like footing as to political rights, immunities, dignity, and
+power with the several States with which they are united; and
+
+Whereas the observance of political equality, as a principle of right
+and justice, is well calculated to encourage the people of the aforesaid
+States to be and become more and more constant and persevering in their
+renewed allegiance; and
+
+Whereas standing armies, military occupation, martial law, military
+tribunals, and the suspension of the privilege of the writ of _habeas
+corpus_ are in time of peace dangerous to public liberty, incompatible
+with the individual rights of the citizen, contrary to the genius and
+spirit of our free institutions, and exhaustive of the national
+resources, and ought not, therefore, to be sanctioned or allowed except
+in cases of actual necessity for repelling invasion or suppressing
+insurrection or rebellion; and
+
+Whereas the policy of the Government of the United States from the
+beginning of the insurrection to its overthrow and final suppression has
+been in conformity with the principles herein set forth and enumerated:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the insurrection which heretofore
+existed in the States of Georgia, South Carolina, Virginia, North
+Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and
+Florida is at an end and is henceforth to be so regarded.
+
+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 2d day of April, A.D. 1866, and of
+the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas the exequatur of Claudius Edward Habicht, recognizing him as
+consul of Sweden and Norway at New York, and that of S.M. Svenson as
+vice-consul of Sweden and Norway at New Orleans were formally revoked on
+the 26th day of March last; and
+
+Whereas representations have been made to me since that date which have
+effectually relieved those gentlemen from the charges of unlawful and
+unfriendly conduct heretofore entertained against them:
+
+Now, therefore, be it known that I, Andrew Johnson, President of
+the United States of America, do hereby annul the revocation of the
+exequaturs of the said Claudius Edward Habicht and S.M. Svenson and
+restore to them the right to exercise the functions and privileges
+heretofore granted as consular officers of the Government of Sweden
+and Norway.
+
+In testimony whereof I have hereunto signed my name and caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 30th day of May, A.D. 1866, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have, within the territory and jurisdiction of the United States, begun
+and set on foot and have provided and prepared, and are still engaged in
+providing and preparing, means for a military expedition and enterprise,
+which expedition and enterprise is to be carried on from the territory
+and jurisdiction of the United States against colonies, districts, and
+people of British North America, within the dominions of the United
+Kingdom of Great Britain and Ireland, with which said colonies,
+districts, and people and Kingdom the United States are at peace; and
+
+Whereas the proceedings aforesaid constitute a high misdemeanor,
+forbidden by the laws of the United States as well as by the law of
+nations:
+
+Now, therefore, for the purpose of preventing the carrying on of the
+unlawful expedition and enterprise aforesaid from the territory and
+jurisdiction of the United States and to maintain the public peace as
+well as the national honor and enforce obedience and respect to the laws
+of the United States, I, Andrew Johnson, President of the United States,
+do admonish and warn all good citizens of the United States against
+taking part in or in any wise aiding, countenancing, or abetting said
+unlawful proceedings; and I do exhort all judges, magistrates, marshals,
+and officers in the service of the United States to employ all their
+lawful authority and power to prevent and defeat the aforesaid unlawful
+proceedings and to arrest and bring to justice all persons who may be
+engaged therein.
+
+And, pursuant to the act of Congress in such case made and provided,
+I do furthermore authorize and empower Major-General George G. Meade,
+commander of the Military Division of the Atlantic, to employ the land
+and naval forces of the United States and the militia thereof to arrest
+and prevent the setting on foot and carrying on the expedition and
+enterprise aforesaid.
+
+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 6th day of June, A.D. 1866, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas a war is existing in the Republic of Mexico, aggravated by
+foreign military intervention; and
+
+Whereas the United States, in accordance with their settled habits and
+policy, are a neutral power in regard to the war which thus afflicts the
+Republic of Mexico; and
+
+Whereas it has become known that one of the belligerents in the said
+war, namely, the Prince Maximilian, who asserts himself to be Emperor in
+Mexico, has issued a decree in regard to the port of Matamoras and other
+Mexican ports which are in the occupation and possession of another of
+the said belligerents, namely, the United States of Mexico, which decree
+is in the following words:
+
+ The port of Matamoras and all those of the northern frontier which have
+ withdrawn from their obedience to the Government are closed to foreign
+ and coasting traffic during such time as the empire of the law shall not
+ be therein reinstated.
+
+ ART. 2. Merchandise proceeding from the said ports, on arriving at any
+ other where the excise of the Empire is collected, shall pay the duties
+ on importation, introduction, and consumption, and, on satisfactory
+ proof of contravention, shall be irremissibly confiscated. Our minister
+ of the treasury is charged with the punctual execution of this decree.
+
+ Given at Mexico, the 9th of July, 1866.
+
+
+And whereas the decree thus recited, by declaring a belligerent blockade
+unsupported by competent military or naval force, is in violation of the
+neutral rights of the United States as defined by the law of nations as
+well as of the treaties existing between the United States of America
+and the aforesaid United States of Mexico:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the aforesaid decree is held and will
+be held by the United States to be absolutely null and void as against
+the Government and citizens of the United States, and that any attempt
+which shall be made to enforce the same against the Government or the
+citizens of the United States will be disallowed.
+
+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, the 17th day of August, A.D. 1866, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by proclamations of the 15th and 19th of April, 1861, the
+President of the United States, in virtue of the power vested in him
+by the Constitution and the laws, declared that the laws of the United
+States were opposed and the execution thereof obstructed in the States
+of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+and Texas by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings, or by the powers vested in the marshals
+by law; and
+
+Whereas by another proclamation, made on the 16th day of August, in the
+same year, in pursuance of an act of Congress approved July 13, 1861,
+the inhabitants of the States of Georgia, South Carolina, Virginia,
+North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+Mississippi, and Florida (except the inhabitants of that part of the
+State of Virginia lying west of the Alleghany Mountains, and except also
+the inhabitants of such other parts of that State and the other States
+before named as might maintain a loyal adhesion to the Union and the
+Constitution or might be from time to time occupied and controlled by
+forces of the United States engaged in the dispersion of insurgents)
+were declared to be in a state of insurrection against the United
+States; and
+
+Whereas by another proclamation, of the 1st day of July, 1862, issued in
+pursuance of an act of Congress approved June 7, in the same year, the
+insurrection was declared to be still existing in the States aforesaid,
+with the exception of certain specified counties in the State of
+Virginia; and
+
+Whereas by another proclamation, made on the 2d day of April, 1863, in
+pursuance of the act of Congress of July 13, 1861, the exceptions named
+in the proclamation of August 16, 1861, were revoked and the inhabitants
+of the States of Georgia, South Carolina, North Carolina, Tennessee,
+Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+(except the forty-eight counties of Virginia designated as West Virginia
+and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+North Carolina) were declared to be still in a state of insurrection
+against the United States; and
+
+Whereas by another proclamation, of the 15th day of September, 1863,
+made in pursuance of the act of Congress approved March 3, 1863, the
+rebellion was declared to be still existing and the privilege of the
+writ of _habeas corpus_ was in certain specified cases suspended
+throughout the United States, said suspension to continue throughout
+the duration of the rebellion or until said proclamation should, by
+a subsequent one to be issued by the President of the United States,
+be modified or revoked; and
+
+Whereas the House of Representatives, on the 22d day of July, 1861,
+adopted a resolution in the words following, namely:
+
+ _Resolved by the House of Representatives of the Congress of the United
+ States_, That the present deplorable civil war has been forced upon
+ the country by the dis-unionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feelings of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not waged upon our part in any spirit of
+ oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and to preserve the Union, with all the dignity,
+ equality, and rights of the several States unimpaired; and that as
+ soon as these objects are accomplished the war ought to cease.
+
+
+And whereas the Senate of the United States, on the 25th day of July,
+1861, adopted a resolution in the words following, to wit:
+
+ _Resolved_, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas these resolutions, though not joint or concurrent in form,
+are substantially identical, and as such have hitherto been and yet are
+regarded as having expressed the sense of Congress upon the subject to
+which they relate; and
+
+Whereas the President of the United States, by proclamation of the 13th
+of June, 1865, declared that the insurrection in the State of Tennessee
+had been suppressed, and that the authority of the United States therein
+was undisputed, and that such United States officers as had been duly
+commissioned were in the undisturbed exercise of their official
+functions; and
+
+Whereas the President of the United States, by further proclamation,
+issued on the 2d day of April, 1866, did promulgate and declare that
+there no longer existed any armed resistance of misguided citizens or
+others to the authority of the United States in any or in all the States
+before mentioned, excepting only the State of Texas, and did further
+promulgate and declare that the laws could be sustained and enforced in
+the several States before mentioned, except Texas, by the proper civil
+authorities, State or Federal, and that the people of the said States,
+except Texas, are well and loyally disposed and have conformed or will
+conform in their legislation to the condition of affairs growing out of
+the amendment to the Constitution of the United States prohibiting
+slavery within the limits and jurisdiction of the United States;
+
+And did further declare in the same proclamation that it is the manifest
+determination of the American people that no State, of its own will, has
+a right or power to go out of, or separate itself from, or be separated
+from, the American Union; and that, therefore, each State ought to
+remain and constitute an integral part of the United States;
+
+And did further declare in the same last-mentioned proclamation that
+the several aforementioned States, excepting Texas, had in the manner
+aforesaid given satisfactory evidence that they acquiesce in this
+sovereign and important resolution of national unity; and
+
+Whereas the President of the United States in the same proclamation did
+further declare that it is believed to be a fundamental principle of
+government that the people who have revolted and who have been overcome
+and subdued must either be dealt with so as to induce them voluntarily
+to become friends or else they must be held by absolute military power
+or devastated so as to prevent them from ever again doing harm as
+enemies, which last-named policy is abhorrent to humanity and to
+freedom; and
+
+Whereas the President did in the same proclamation further declare
+that the Constitution of the United States provides for constituent
+communities only as States, and not as Territories, dependencies,
+provinces, or protectorates;
+
+And further, that such constituent States must necessarily be, and by
+the Constitution and laws of the United States are, made equals and
+placed upon a like footing as to political rights, immunities, dignity,
+and power with the several States with which they are united;
+
+And did further declare that the observance of political equality, as
+a principle of right and justice, is well calculated to encourage the
+people of the before named States, except Texas, to be and to become
+more and more constant and persevering in their renewed allegiance; and
+
+Whereas the President did further declare that standing armies,
+military occupation, martial law, military tribunals, and the suspension
+of the writ of _habeas corpus_ are in time of peace dangerous to public
+liberty, incompatible with the individual rights of the citizen,
+contrary to the genius and spirit of our free institutions, and
+exhaustive of the national resources, and ought not, therefore, to be
+sanctioned or allowed except in cases of actual necessity for repelling
+invasion or suppressing insurrection or rebellion;
+
+And the President did further, in the same proclamation, declare that
+the policy of the Government of the United States from the beginning
+of the insurrection to its overthrow and final suppression had been
+conducted in conformity with the principles in the last-named
+proclamation recited; and
+
+Whereas the President, in the said proclamation of the 13th of June,
+1865, upon the grounds therein stated and hereinbefore recited, did then
+and thereby proclaim and declare that the insurrection which heretofore
+existed in the several States before named, except in Texas, was at an
+end and was henceforth to be so regarded; and
+
+Whereas subsequently to the said 2d day of April, 1866, the insurrection
+in the State of Texas has been completely and everywhere suppressed and
+ended and the authority of the United States has been successfully and
+completely established in the said State of Texas and now remains
+therein unresisted and undisputed, and such of the proper United States
+officers as have been duly commissioned within the limits of the said
+State are now in the undisturbed exercise of their official functions;
+and
+
+Whereas the laws can now be sustained and enforced in the said State of
+Texas by the proper civil authority, State or Federal, and the people
+of the said State of Texas, like the people of the other States before
+named, are well and loyally disposed and have conformed or will conform
+in their legislation to the condition of affairs growing out of the
+amendment of the Constitution of the United States prohibiting slavery
+within the limits and jurisdiction of the United States; and
+
+Whereas all the reasons and conclusions set forth in regard to the
+several States therein specially named now apply equally and in all
+respects to the State of Texas, as well as to the other States which
+had been involved in insurrection; and
+
+Whereas adequate provision has been made by military orders to enforce
+the execution of the acts of Congress, aid the civil authorities, and
+secure obedience to the Constitution and laws of the United States
+within the State of Texas if a resort to military force for such purpose
+should at any time become necessary:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the insurrection which heretofore
+existed in the State of Texas is at an end and is to be henceforth so
+regarded in that State as in the other States before named in which the
+said insurrection was proclaimed to be at an end by the aforesaid
+proclamation of the 2d day of April, 1866.
+
+And I do further proclaim that the said insurrection is at an end and
+that peace, order, tranquillity, and civil authority now exist in and
+throughout the whole of the United States of America.
+
+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 20th day of August, A.D. 1866, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Almighty God, our Heavenly Father, has been pleased to vouchsafe to us
+as a people another year of that national life which is an indispensable
+condition of peace, security, and progress. That year has, moreover,
+been crowned with many peculiar blessings.
+
+The civil war that so recently closed among us has not been anywhere
+reopened; foreign intervention has ceased to excite alarm or
+apprehension; intrusive pestilence has been benignly mitigated; domestic
+tranquillity has improved, sentiments of conciliation have largely
+prevailed, and affections of loyalty and patriotism have been widely
+renewed; our fields have yielded quite abundantly, our mining industry
+has been richly rewarded, and we have been allowed to extend our
+railroad system far into the interior recesses of the country, while
+our commerce has resumed its customary activity in foreign seas.
+
+These great national blessings demand a national acknowledgment.
+
+Now, therefore, I, Andrew Johnson. President of the United States, do
+hereby recommend that Thursday, the 29th day of November next, be set
+apart and be observed everywhere in the several States and Territories
+of the United States by the people thereof as a day of thanksgiving and
+praise to Almighty God, with due remembrance that "in His temple doth
+every man speak of His honor." I recommend also that on the same solemn
+occasion they do humbly and devoutly implore Him to grant to our
+national councils and to our whole people that divine wisdom which
+alone can lead any nation into the ways of all good.
+
+In offering these national thanksgivings, praises, and supplications we
+have the divine assurance that "the Lord remaineth a king forever; them
+that are meek shall He guide in judgment and such as are gentle shall He
+learn His way; the Lord shall give strength to His people, and the Lord
+shall give to His people the blessing of peace."
+
+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 8th day of October, A.D. 1866, and
+of the Independence of the United States the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+[From the Daily National Intelligencer, April 9, 1866.]
+
+EXECUTIVE MANSION, _April 7, 1866_.
+
+It is eminently right and proper that the Government of the United
+States should give earnest and substantial evidence of its just
+appreciation of the services of the patriotic men who when the life of
+the nation was imperiled entered the Army and Navy to preserve the
+integrity of the Union, defend the Government, and maintain and
+perpetuate unimpaired its free institutions.
+
+_It is therefore directed_--
+
+First. That in appointments to office in the several Executive
+Departments of the General Government and the various branches of
+the public service connected with said Departments preference shall
+be given to such meritorious and honorably discharged soldiers and
+sailors--particularly those who have been disabled by wounds received
+or diseases contracted in the line of duty--as may possess the proper
+qualifications.
+
+Second. That in all promotions in said Departments and the several
+branches of the public service connected therewith such persons shall
+have preference, when equally eligible and qualified, over those who
+have not faithfully and honorably served in the land or naval forces
+of the United States.
+
+ANDREW JOHNSON.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, April 13, 1866_.
+
+On the 14th of April, 1865, great affliction was brought upon the
+American people by the assassination of the lamented Abraham Lincoln,
+then President of the United States. The undersigned is therefore
+directed by the President to announce that in commemoration of that
+event the public offices will be closed to-morrow, the 14th instant.
+
+WILLIAM H. SEWARD.
+
+
+
+GENERAL ORDERS, No. 26.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE.
+ _Washington, May 1, 1866_.
+
+ORDER IN RELATION TO TRIALS BY MILITARY COURTS AND COMMISSIONS.
+
+Whereas some military commanders are embarrassed by doubts as to the
+operation of the proclamation of the President dated the 2d day of
+April, 1866, upon trials by military courts-martial and military
+officers; to remove such doubts--
+
+_It is ordered by the President_, That hereafter, whenever offenses
+committed by civilians are to be tried where civil tribunals are in
+existence which can try them, their cases are not authorized to be, and
+will not be, brought before military courts-martial or commissions, but
+will be committed to the proper civil authorities. This order is not
+applicable to camp followers, as provided for under the sixtieth article
+of war, or to contractors and others specified in section 16, act of
+July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and
+offenses cognizable by the Rules and Articles of War and by the acts of
+Congress above cited will continue to be tried and punished by military
+tribunals as prescribed by the Rules and Articles of War and acts of
+Congress hereinafter cited, to wit:
+
+ [Sixtieth of the Rules and Articles of War.]
+
+ 60. All sutlers and retainers to the camp, and all persons whatsoever
+ serving with the armies of the United States in the field, though not
+ enlisted soldiers, are to be subject to orders, according to the rules
+ and discipline of war.
+
+
+ [Extract from "An act to define the pay and emoluments of certain
+ officers of the Army, and for other purposes," approved July 17, 1862.]
+
+ SEC. 16. _And be it further enacted_, That whenever any contractor for
+ subsistence, clothing, arms, ammunition, munitions of war, and for every
+ description of supplies for the Army or Navy of the United States, shall
+ be found guilty by a court-martial of fraud or willful neglect of duty,
+ he shall be punished by fine, imprisonment, or such other punishment as
+ the court-martial shall adjudge; and any person who shall contract to
+ furnish supplies of any kind or description for the Army or Navy, _he_
+ shall be deemed and taken as a part of the land or naval forces of the
+ United States for which he shall contract to furnish said supplies, and
+ be subject to the rules and regulations for the government of the land
+ and naval forces of the United States.
+
+
+ [Extract from "An act to prevent and punish frauds upon the Government
+ of the United States," approved March 2, 1863.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That any person in the land or
+ naval forces of the United States, or in the militia in actual service
+ of the United States in time of war, who shall make or cause to be made,
+ or present or cause to be presented for payment or approval to or by any
+ person or officer in the civil or military service of the United States,
+ any claim upon or against the Government of the United States, or
+ any department or officer thereof, knowing such claim to be false,
+ fictitious, or fraudulent; any person in such forces or service who
+ shall, for the purpose of obtaining or aiding in obtaining the approval
+ or payment of such claim, make, use, or cause to be made or used, any
+ false bill, receipt, voucher, entry, roll, account, claim, statement,
+ certificate, affidavit, or deposition, knowing the same to contain any
+ false or fraudulent statement or entry; any person in said forces or
+ service who shall make or procure to be made, or knowingly advise the
+ making of, any false oath to any fact, statement, or certificate,
+ voucher or entry, for the purpose of obtaining or of aiding to obtain
+ any approval or payment of any claim against the United States, or any
+ department or officer thereof; any person in said forces or service who,
+ for the purpose of obtaining or enabling any other person to obtain
+ from the Government of the United States, or any department or officer
+ thereof, any payment or allowance, or the approval or signature of any
+ person in the military, naval, or civil service of the United States
+ of or to any false, fraudulent, or fictitious claim, shall forge or
+ counterfeit, or cause or procure to be forged or counterfeited, any
+ signature upon any bill, receipt, voucher, account, claim, roll,
+ statement, affidavit, or deposition; and any person in said forces or
+ service who shall utter or use the same as true or genuine, knowing the
+ same to have been forged or counterfeited; any person in said forces or
+ service who shall enter into any agreement, combination, or conspiracy
+ to cheat or defraud the Government of the United States, or any
+ department or officer thereof, by obtaining or aiding and assisting to
+ obtain the payment or allowance of any false or fraudulent claim; any
+ person in said forces or service who shall steal, embezzle, or knowingly
+ and willfully misappropriate or apply to his own use or benefit, or who
+ shall wrongfully and knowingly sell, convey, or dispose of any ordnance,
+ arms, ammunition, clothing, subsistence stores, money, or other property
+ of the United States, furnished or to be used for the military or naval
+ service of the United States; any contractor, agent, paymaster,
+ quartermaster, or other person whatsoever in said forces or service
+ having charge, possession, custody, or control of any money or other
+ public property used or to be used in the military or naval service of
+ the United States, who shall, with intent to defraud the United States,
+ or willfully to conceal such money or other property, deliver or cause
+ to be delivered to any other person having authority to receive the same
+ any amount of such money or other public property less than that for
+ which he shall receive a certificate or receipt; any person in said
+ forces or service who is or shall be authorized to make or deliver any
+ certificate, voucher, or receipt, or other paper certifying the receipt
+ of arms, ammunition, provisions, clothing, or other public property so
+ used or to be used, who shall make or deliver the same to any person
+ without having full knowledge of the truth of the facts stated therein,
+ and with intent to cheat, defraud, or injure the United States; any
+ person in said forces or service who shall knowingly purchase or
+ receive, in pledge for any obligation or indebtedness, from any soldier,
+ officer, or other person called into or employed in said forces or
+ service, any arms, equipments, ammunition, clothes, or military stores,
+ or other public property, such soldier, officer, or other person not
+ having the lawful right to pledge or sell the same, shall be deemed
+ guilty of a criminal offense, and shall be subject to the rules and
+ regulations made for the government of the military and naval forces of
+ the United States, and of the militia when called into and employed in
+ the actual service of the United States in time of war, and to the
+ provisions of this act. And every person so offending may be arrested
+ and held for trial by a court-martial, and if found guilty shall be
+ punished by fine and imprisonment, or such other punishment as the
+ court-martial may adjudge, save the punishment of death.
+
+ SEC. 2. _And be it further enacted_, That any person heretofore called
+ or hereafter to be called into or employed in such forces or service who
+ shall commit any violation of this act, and shall afterwards receive his
+ discharge or be dismissed from the service, shall, notwithstanding such
+ discharge or dismissal, continue to be liable to be arrested and held
+ for trial and sentence by a court-martial in the same manner and to the
+ same extent as if he had not received such discharge or been dismissed.
+
+ * * * * *
+
+By order of the Secretary of War:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION, _May 29, 1866_.
+
+The President with profound sorrow announces to the people of the United
+States the death of Winfield Scott, the late Lieutenant-General of the
+Army. On the day which may be appointed for his funeral the several
+Executive Departments of the Government will be closed.
+
+The heads of the War and Navy Departments will respectively give orders
+for paying appropriate honors to the memory of the deceased.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, June 6, 1866.]
+
+ATTORNEY-GENERAL'S OFFICE,
+
+_Washington, D.C., June 5, 1866_.
+
+By direction of the President, you[7] are hereby instructed to cause
+the arrest of all prominent, leading, or conspicuous persons called
+"Fenians" who you may have probable cause to believe have been or may
+be guilty of violations of the neutrality laws of the United States.
+
+JAMES SPEED,
+
+_Attorney-General_.
+
+[Footnote 7: Addressed to district attorneys and marshals of the United
+States.]
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, June 18, 1866_.
+
+The President directs the undersigned to perform the painful duty
+of announcing to the people of the United States that Lewis Cass,
+distinguished not more by faithful service in varied public trusts than
+by exalted patriotism at a recent period of political disorder, departed
+this life at 4 o'clock yesterday morning. The several Executive
+Departments of the Government will cause appropriate honors to be
+rendered to the memory of the deceased at home and abroad wherever the
+national name and authority are acknowledged.
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., October 26, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: Recent advices indicate an early evacuation of Mexico by the French
+expeditionary forces and that the time has arrived when our minister to
+Mexico should place himself in communication with that Republic.
+
+In furtherance of the objects of his mission and as evidence of the
+earnest desire felt by the United States for the proper adjustment of
+the questions involved, I deem it of great importance that General Grant
+should by his presence and advice cooperate with our minister.
+
+I have therefore to ask that you will request General Grant to proceed
+to some point on our Mexican frontier most suitable and convenient for
+communication with our minister, or (if General Grant deems it best) to
+accompany him to his destination in Mexico, and to give him the aid of
+his advice in carrying out the instructions of the Secretary of State,
+a copy of which is herewith sent for the General's information.
+
+General Grant will make report to the Secretary of War of such matters
+as, in his discretion, ought to be communicated to the Department.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., October 30, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: General Ulysses S. Grant having found it inconvenient to assume
+the duties specified in my letter to you of the 26th instant, you will
+please relieve him from the same and assign them in all respects to
+William T. Sherman, Lieutenant-General of the Army of the United States.
+By way of guiding General Sherman in the performance of his duties, you
+will furnish him with a copy of your special orders to General Grant,
+made in compliance with my letter of the 26th instant, together with a
+copy of the instructions of the Secretary of State to Lewis D. Campbell,
+esq., therein mentioned. The Lieutenant-General will proceed to the
+execution of his duties without delay.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., November 1, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: In the report of General Grant of the 27th ultimo, inclosed in your
+communication of that date, reference is made to the force at present
+stationed in the Military Department of Washington (which embraces the
+District of Columbia, the counties of Alexander and Fairfax, Va., and
+the States of Maryland and Delaware), and it is stated that the entire
+number of troops comprised in the command is 2,224, of which only 1,550
+are enumerated as "effective." In view of the prevalence in various
+portions of the country of a revolutionary and turbulent disposition,
+which might at any moment assume insurrectionary proportions and lead to
+serious disorders, and of the duty of the Government to be at all times
+prepared to act with decision and effect, this force is not deemed
+adequate for the protection and security of the seat of Government.
+
+I therefore request that you will at once take such measures as will
+insure its safety, and thus discourage any attempt for its possession
+by insurgent or other illegal combinations.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., November 2, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: There is ground to apprehend danger of an insurrection in Baltimore
+against the constituted authorities of the State of Maryland on or about
+the day of the election soon to be held in that city, and that in such
+contingency the aid of the United States might be invoked under the acts
+of Congress which pertain to that subject. While I am averse to any
+military demonstration that would have a tendency to interfere with the
+free exercise of the elective franchise in Baltimore or be construed
+into any interference in local questions, I feel great solicitude that
+should an insurrection take place the Government should be prepared to
+meet and promptly put it down. I accordingly desire you to call General
+Grant's attention to the subject, leaving to his own discretion and
+judgment the measures of preparation and precaution that should be
+adopted.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 3, 1866_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+After a brief interval the Congress of the United States resumes its
+annual legislative labors. An all-wise and merciful Providence has
+abated the pestilence which visited our shores, leaving its calamitous
+traces upon some portions of our country. Peace, order, tranquillity,
+and civil authority have been formally declared to exist throughout the
+whole of the United States. In all of the States civil authority has
+superseded the coercion of arms, and the people, by their voluntary
+action, are maintaining their governments in full activity and complete
+operation. The enforcement of the laws is no longer "obstructed in any
+State by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings," and the animosities engendered by the
+war are rapidly yielding to the beneficent influences of our free
+institutions and to the kindly effects of unrestricted social and
+commercial intercourse. An entire restoration of fraternal feeling
+must be the earnest wish of every patriotic heart; and we will have
+accomplished our grandest national achievement when, forgetting the sad
+events of the past and remembering only their instructive lessons, we
+resume our onward career as a free, prosperous, and united people.
+
+In my message of the 4th of December, 1865, Congress was informed of the
+measures which had been instituted by the Executive with a view to the
+gradual restoration of the States in which the insurrection occurred to
+their relations with the General Government. Provisional governors had
+been appointed, conventions called, governors elected, legislatures
+assembled, and Senators and Representatives chosen to the Congress
+of the United States. Courts had been opened for the enforcement of
+laws long in abeyance. The blockade had been removed, custom-houses
+reestablished, and the internal-revenue laws put in force, in order that
+the people might contribute to the national income. Postal operations
+had been renewed, and efforts were being made to restore them to their
+former condition of efficiency. The States themselves had been asked to
+take part in the high function of amending the Constitution, and of thus
+sanctioning the extinction of African slavery as one of the legitimate
+results of our internecine struggle.
+
+Having progressed thus far, the executive department found that it had
+accomplished nearly all that was within the scope of its constitutional
+authority. One thing, however, yet remained to be done before the work
+of restoration could be completed, and that was the admission to
+Congress of loyal Senators and Representatives from the States whose
+people had rebelled against the lawful authority of the General
+Government. This question devolved upon the respective Houses, which
+by the Constitution are made the judges of the elections, returns, and
+qualifications of their own members, and its consideration at once
+engaged the attention of Congress.
+
+In the meantime the executive department--no other plan having been
+proposed by Congress--continued its efforts to perfect, as far as was
+practicable, the restoration of the proper relations between the
+citizens of the respective States, the States, and the Federal
+Government, extending from time to time, as the public interests seemed
+to require, the judicial, revenue, and postal systems of the country.
+With the advice and consent of the Senate, the necessary officers were
+appointed and appropriations made by Congress for the payment of their
+salaries. The proposition to amend the Federal Constitution, so as to
+prevent the existence of slavery within the United States or any place
+subject to their jurisdiction, was ratified by the requisite number
+of States, and on the 18th day of December, 1865, it was officially
+declared to have become valid as a part of the Constitution of the
+United States. All of the States in which the insurrection had existed
+promptly amended their constitutions so as to make them conform to the
+great change thus effected in the organic law of the land; declared null
+and void all ordinances and laws of secession; repudiated all pretended
+debts and obligations created for the revolutionary purposes of the
+insurrection, and proceeded in good faith to the enactment of measures
+for the protection and amelioration of the condition of the colored
+race. Congress, however, yet hesitated to admit any of these States to
+representation, and it was not until toward the close of the eighth
+month of the session that an exception was made in favor of Tennessee
+by the admission of her Senators and Representatives.
+
+I deem it a subject of profound regret that Congress has thus far
+failed to admit to seats loyal Senators and Representatives from the
+other States whose inhabitants, with those of Tennessee, had engaged
+in the rebellion. Ten States--more than one-fourth of the whole
+number--remain without representation; the seats of fifty members in the
+House of Representatives and of twenty members in the Senate are yet
+vacant, not by their own consent, not by a failure of election, but by
+the refusal of Congress to accept their credentials. Their admission,
+it is believed, would have accomplished much toward the renewal and
+strengthening of our relations as one people and removed serious cause
+for discontent on the part of the inhabitants of those States. It would
+have accorded with the great principle enunciated in the Declaration
+of American Independence that no people ought to bear the burden of
+taxation and yet be denied the right of representation. It would have
+been in consonance with the express provisions of the Constitution that
+"each State shall have at least one Representative" and "that no State,
+without its consent, shall be deprived of its equal suffrage in the
+Senate." These provisions were intended to secure to every State and
+to the people of every State the right of representation in each House
+of Congress; and so important was it deemed by the framers of the
+Constitution that the equality of the States in the Senate should be
+preserved that not even by an amendment of the Constitution can any
+State, without its consent, be denied a voice in that branch of the
+National Legislature.
+
+It is true it has been assumed that the existence of the States was
+terminated by the rebellious acts of their inhabitants, and that, the
+insurrection having been suppressed, they were thenceforward to be
+considered merely as conquered territories. The legislative, executive,
+and judicial departments of the Government have, however, with great
+distinctness and uniform consistency, refused to sanction an assumption
+so incompatible with the nature of our republican system and with the
+professed objects of the war. Throughout the recent legislation of
+Congress the undeniable fact makes itself apparent that these ten
+political communities are nothing less than States of this Union. At the
+very commencement of the rebellion each House declared, with a unanimity
+as remarkable as it was significant, that the war was not "waged upon
+our part in any spirit of oppression, nor for any purpose of conquest or
+subjugation, nor purpose of overthrowing or interfering with the rights
+or established institutions of those States, but to defend and maintain
+the supremacy of the Constitution and all laws made in pursuance
+thereof, and to preserve the Union, with all the dignity, equality,
+and rights of the several States unimpaired; and that as soon as these
+objects" were "accomplished the war ought to cease." In some instances
+Senators were permitted to continue their legislative functions, while
+in other instances Representatives were elected and admitted to seats
+after their States had formally declared their right to withdraw from
+the Union and were endeavoring to maintain that right by force of arms.
+All of the States whose people were in insurrection, as States, were
+included in the apportionment of the direct tax of $20,000,000 annually
+laid upon the United States by the act approved 5th August, 1861.
+Congress, by the act of March 4, 1862, and by the apportionment of
+representation thereunder also recognized their presence as States in
+the Union; and they have, for judicial purposes, been divided into
+districts, as States alone can be divided. The same recognition appears
+in the recent legislation in reference to Tennessee, which evidently
+rests upon the fact that the functions of the State were not destroyed
+by the rebellion, but merely suspended; and that principle is of course
+applicable to those States which, like Tennessee, attempted to renounce
+their places in the Union.
+
+The action of the executive department of the Government upon this
+subject has been equally definite and uniform, and the purpose of the
+war was specifically stated in the proclamation issued by my predecessor
+on the 22d day of September, 1862. It was then solemnly proclaimed and
+declared "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."
+
+The recognition of the States by the judicial department of the
+Government has also been clear and conclusive in all proceedings
+affecting them as States had in the Supreme, circuit, and district
+courts.
+
+In the admission of Senators and Representatives from any and all of the
+States there can be no just ground of apprehension that persons who are
+disloyal will be clothed with the powers of legislation, for this could
+not happen when the Constitution and the laws are enforced by a vigilant
+and faithful Congress. Each House is made the "judge of the elections,
+returns, and qualifications of its own members," and may, "with the
+concurrence of two-thirds, expel a member." When a Senator or
+Representative presents his certificate of election, he may at once
+be admitted or rejected; or, should there be any question as to his
+eligibility, his credentials may be referred for investigation to the
+appropriate committee. If admitted to a seat, it must be upon evidence
+satisfactory to the House of which he thus becomes a member that
+he possesses the requisite constitutional and legal qualifications.
+If refused admission as a member for want of due allegiance to the
+Government and returned to his constituents, they are admonished that
+none but persons loyal to the United States will be allowed a voice
+in the legislative councils of the nation, and the political power
+and moral influence of Congress are thus effectively exerted in the
+interests of loyalty to the Government and fidelity to the Union. Upon
+this question, so vitally affecting the restoration of the Union and the
+permanency of our present form of government, my convictions, heretofore
+expressed, have undergone no change, but, on the contrary, their
+correctness has been confirmed by reflection and time. If the admission
+of loyal members to seats in the respective Houses of Congress was wise
+and expedient a year ago, it is no less wise and expedient now. If this
+anomalous condition is right now--if in the exact condition of these
+States at the present time it is lawful to exclude them from
+representation--I do not see that the question will be changed by the
+efflux of time. Ten years hence, if these States remain as they are, the
+right of representation will be no stronger, the right of exclusion will
+be no weaker.
+
+The Constitution of the United States makes it the duty of the President
+to recommend to the consideration of Congress "such measures as he shall
+judge necessary and expedient." I know of no measure more imperatively
+demanded by every consideration of national interest, sound policy,
+and equal justice than the admission of loyal members from the now
+unrepresented States. This would consummate the work of restoration
+and exert a most salutary influence in the reestablishment of peace,
+harmony, and fraternal feeling. It would tend greatly to renew the
+confidence of the American people in the vigor and stability of their
+institutions. It would bind us more closely together as a nation and
+enable us to show to the world the inherent and recuperative power of a
+government founded upon the will of the people and established upon the
+principles of liberty, justice, and intelligence. Our increased strength
+and enhanced prosperity would irrefragably demonstrate the fallacy of
+the arguments against free institutions drawn from our recent national
+disorders by the enemies of republican government. The admission of
+loyal members from the States now excluded from Congress, by allaying
+doubt and apprehension, would turn capital now awaiting an opportunity
+for investment into the channels of trade and industry. It would
+alleviate the present troubled condition of those States, and by
+inducing emigration aid in the settlement of fertile regions now
+uncultivated and lead to an increased production of those staples which
+have added so greatly to the wealth of the nation and commerce of the
+world. New fields of enterprise would be opened to our progressive
+people, and soon the devastations of war would be repaired and all
+traces of our domestic differences effaced from the minds of our
+countrymen.
+
+In our efforts to preserve "the unity of government which constitutes
+us one people" by restoring the States to the condition which they held
+prior to the rebellion, we should be cautious, lest, having rescued
+our nation from perils of threatened disintegration, we resort to
+consolidation, and in the end absolute despotism, as a remedy for the
+recurrence of similar troubles. The war having terminated, and with it
+all occasion for the exercise of powers of doubtful constitutionality,
+we should hasten to bring legislation within the boundaries prescribed
+by the Constitution and to return to the ancient landmarks established
+by our fathers for the guidance of succeeding generations.
+
+ The constitution which at any time exists till changed by an explicit
+ and authentic act of the whole people is sacredly obligatory upon all.
+ * * * If in the opinion of the people the distribution or modification
+ of the constitutional powers be in any particular wrong, let it be
+ corrected by an amendment in the way which the Constitution designates;
+ but let there be no change by usurpation, for * * * it is the customary
+ weapon by which free governments are destroyed.
+
+
+Washington spoke these words to his countrymen when, followed by their
+love and gratitude, he voluntarily retired from the cares of public
+life. "To keep in all things within the pale of our constitutional
+powers and cherish the Federal Union as the only rock of safety" were
+prescribed by Jefferson as rules of action to endear to his "countrymen
+the true principles of their Constitution and promote a union of
+sentiment and action, equally auspicious to their happiness and safety."
+Jackson held that the action of the General Government should always be
+strictly confined to the sphere of its appropriate duties, and justly
+and forcibly urged that our Government is not to be maintained nor our
+Union preserved "by invasions of the rights and powers of the several
+States. In thus attempting to make our General Government strong we make
+it weak. Its true strength consists in leaving individuals and States as
+much as possible to themselves; in making itself felt, not in its power,
+but in its beneficence; not in its control, but in its protection; not
+in binding the States more closely to the center, but leaving each to
+move unobstructed in its proper constitutional orbit." These are the
+teachings of men whose deeds and services have made them illustrious,
+and who, long since withdrawn from the scenes of life, have left to
+their country the rich legacy of their example, their wisdom, and their
+patriotism. Drawing fresh inspiration from their lessons, let us emulate
+them in love of country and respect for the Constitution and the laws.
+
+The report of the Secretary of the Treasury affords much information
+respecting the revenue and commerce of the country. His views upon
+the currency and with reference to a proper adjustment of our revenue
+system, internal as well as impost, are commended to the careful
+consideration of Congress. In my last annual message I expressed my
+general views upon these subjects. I need now only call attention to the
+necessity of carrying into every department of the Government a system
+of rigid accountability, thorough retrenchment, and wise economy.
+With no exceptional nor unusual expenditures, the oppressive burdens of
+taxation can be lessened by such a modification of our revenue laws as
+will be consistent with the public faith and the legitimate and
+necessary wants of the Government.
+
+The report presents a much more satisfactory condition of our finances
+than one year ago the most sanguine could have anticipated. During the
+fiscal year ending the 30th June, 1865 (the last year of the war), the
+public debt was increased $941,902,537, and on the 31st of October,
+1865, it amounted to $2,740,854,750. On the 31st day of October, 1866,
+it had been reduced to $2,551,310,006, the diminution during a period of
+fourteen months, commencing September 1, 1865, and ending October 31,
+1866, having been $206,379,565. In the last annual report on the state
+of the finances it was estimated that during the three quarters of the
+fiscal year ending the 30th of June last the debt would be increased
+$112,194,947. During that period, however, it was reduced $31,196,387,
+the receipts of the year having been $89,905,905 more and the
+expenditures $200,529,235 less than the estimates. Nothing could more
+clearly indicate than these statements the extent and availability of
+the national resources and the rapidity and safety with which, under
+our form of government, great military and naval establishments can be
+disbanded and expenses reduced from a war to a peace footing.
+
+During the fiscal year ending June 30, 1866, the receipts were
+$558,032,620 and the expenditures $520,750,940, leaving an available
+surplus of $37,281,680. It is estimated that the receipts for the fiscal
+year ending the 30th June, 1867, will be $475,061,386, and that the
+expenditures will reach the sum of $316,428,078, leaving in the Treasury
+a surplus of $158,633,308. For the fiscal year ending June 30, 1886, it
+is estimated that the receipts will amount to $436,000,000 and that the
+expenditures will be $350,247,641, showing an excess of $85,752,359 in
+favor of the Government. These estimated receipts may be diminished
+by a reduction of excise and import duties, but after all necessary
+reductions shall have been made the revenue of the present and of
+following years will doubtless be sufficient to cover all legitimate
+charges upon the Treasury and leave a large annual surplus to be applied
+to the payment of the principal of the debt. There seems now to be no
+good reason why taxes may not be reduced as the country advances in
+population and wealth, and yet the debt be extinguished within the
+next quarter of a century.
+
+The report of the Secretary of War furnishes valuable and important
+information in reference to the operations of his Department during the
+past year. Few volunteers now remain in the service, and they are being
+discharged as rapidly as they can be replaced by regular troops. The
+Army has been promptly paid, carefully provided with medical treatment,
+well sheltered and subsisted, and is to be furnished with breech-loading
+small arms. The military strength of the nation has been unimpaired
+by the discharge of volunteers, the disposition of unserviceable or
+perishable stores, and the retrenchment of expenditure. Sufficient war
+material to meet any emergency has been retained, and from the disbanded
+volunteers standing ready to respond to the national call large armies
+can be rapidly organized, equipped, and concentrated. Fortifications on
+the coast and frontier have received or are being prepared for more
+powerful armaments; lake surveys and harbor and river improvements are
+in course of energetic prosecution. Preparations have been made for the
+payment of the additional bounties authorized during the recent session
+of Congress, under such regulations as will protect the Government from
+fraud and secure to the honorably discharged soldier the well-earned
+reward of his faithfulness and gallantry. More than 6,000 maimed
+soldiers have received artificial limbs or other surgical apparatus,
+and 41 national cemeteries, containing the remains of 104,526 Union
+soldiers, have already been established. The total estimate of military
+appropriations is $25,205,669.
+
+It is stated in the report of the Secretary of the Navy that the naval
+force at this time consists of 278 vessels, armed with 2,351 guns. Of
+these, 115 vessels, carrying 1,029 guns, are in commission, distributed
+chiefly among seven squadrons. The number of men in the service is
+13,600. Great activity and vigilance have been displayed by all the
+squadrons, and their movements have been judiciously and efficiently
+arranged in such manner as would best promote American commerce and
+protect the rights and interests of our countrymen abroad. The vessels
+unemployed are undergoing repairs or are laid up until their services
+may be required. Most of the ironclad fleet is at League Island, in the
+vicinity of Philadelphia, a place which, until decisive action should be
+taken by Congress, was selected by the Secretary of the Navy as the most
+eligible location for that class of vessels. It is important that a
+suitable public station should be provided for the ironclad fleet.
+It is intended that these vessels shall be in proper condition for any
+emergency, and it is desirable that the bill accepting League Island for
+naval purposes, which passed the House of Representatives at its last
+session, should receive final action at an early period, in order that
+there may be a suitable public station for this class of vessels, as
+well as a navy-yard of area sufficient for the wants of the service
+on the Delaware River. The naval pension fund amounts to $11,750,000,
+having been increased $2,750,000 during the year. The expenditures
+of the Department for the fiscal year ending 30th June last were
+$43,324,526, and the estimates for the coming year amount to
+$23,568,436. Attention is invited to the condition of our seamen and the
+importance of legislative measures for their relief and improvement. The
+suggestions in behalf of this deserving class of our fellow-citizens are
+earnestly recommended to the favorable attention of Congress.
+
+The report of the Postmaster-General presents a most satisfactory
+condition of the postal service and submits recommendations which
+deserve the consideration of Congress. The revenues of the Department
+for the year ending June 30, 1866, were $14,386,986 and the expenditures
+$15,352,079, showing an excess of the latter of $965,093. In
+anticipation of this deficiency, however, a special appropriation was
+made by Congress in the act approved July 28, 1866. Including the
+standing appropriation of $700,000 for free mail matter as a legitimate
+portion of the revenues, yet remaining unexpended, the actual deficiency
+for the past year is only $265,093--a sum within $51,141 of the amount
+estimated in the annual report of 1864. The decrease of revenue compared
+with the previous year was 1-1/5 per cent, and the increase of
+expenditures, owing principally to the enlargement of the mail service
+in the South, was 12 per cent. On the 30th of June last there were in
+operation 6,930 mail routes, with an aggregate length of 180,921 miles,
+an aggregate annual transportation of 71,837,914 miles, and an aggregate
+annual cost, including all expenditures, of $8,410,184. The length of
+railroad routes is 32,092 miles and the annual transportation 30,609,467
+miles. The length of steamboat routes is 14,346 miles and the annual
+transportation 3,411,962 miles. The mail service is rapidly increasing
+throughout the whole country, and its steady extension in the Southern
+States indicates their constantly improving condition. The growing
+importance of the foreign service also merits attention. The post-office
+department of Great Britain and our own have agreed upon a preliminary
+basis for a new postal convention, which it is believed will prove
+eminently beneficial to the commercial interests of the United States,
+inasmuch as it contemplates a reduction of the international letter
+postage to one-half the existing rates; a reduction of postage with
+all other countries to and from which correspondence is transmitted
+in the British mail, or in closed mails through the United Kingdom;
+the establishment of uniform and reasonable charges for the sea
+and territorial transit of correspondence in closed mails; and an
+allowance to each post-office department of the right to use all mail
+communications established under the authority of the other for the
+dispatch of correspondence, either in open or closed mails, on the same
+terms as those applicable to the inhabitants of the country providing
+the means of transmission.
+
+The report of the Secretary of the Interior exhibits the condition
+of those branches of the public service which are committed to his
+supervision. During the last fiscal year 4,629,312 acres of public
+land were disposed of, 1,892,516 acres of which were entered under the
+homestead act. The policy originally adopted relative to the public
+lands has undergone essential modifications. Immediate revenue, and not
+their rapid settlement, was the cardinal feature of our land system.
+Long experience and earnest discussion have resulted in the conviction
+that the early development of our agricultural resources and the
+diffusion of an energetic population over our vast territory are objects
+of far greater importance to the national growth and prosperity than the
+proceeds of the sale of the land to the highest bidder in open market.
+The preemption laws confer upon the pioneer who complies with the terms
+they impose the privilege of purchasing a limited portion of "unoffered
+lands" at the minimum price. The homestead enactments relieve the
+settler from the payment of purchase money, and secure him a permanent
+home upon the condition of residence for a term of years. This liberal
+policy invites emigration from the Old and from the more crowded
+portions of the New World. Its propitious results are undoubted, and
+will be more signally manifested when time shall have given to it a
+wider development.
+
+Congress has made liberal grants of public land to corporations in
+aid of the construction of railroads and other internal improvements.
+Should this policy hereafter prevail, more stringent provisions will
+be required to secure a faithful application of the fund. The title to
+the lands should not pass, by patent or otherwise, but remain in the
+Government and subject to its control until some portion of the road has
+been actually built. Portions of them might then from time to time be
+conveyed to the corporation, but never in a greater ratio to the whole
+quantity embraced by the grant than the completed parts bear to the
+entire length of the projected improvement. This restriction would not
+operate to the prejudice of any undertaking conceived in good faith
+and executed with reasonable energy, as it is the settled practice to
+withdraw from market the lands falling within the operation of such
+grants, and thus to exclude the inception of a subsequent adverse right.
+A breach of the conditions which Congress may deem proper to impose
+should work a forfeiture of claim to the lands so withdrawn but
+unconveyed, and of title to the lands conveyed which remain unsold.
+
+Operations on the several lines of the Pacific Railroad have been
+prosecuted with unexampled vigor and success. Should no unforeseen
+causes of delay occur, it is confidently anticipated that this great
+thoroughfare will be completed before the expiration of the period
+designated by Congress.
+
+During the last fiscal year the amount paid to pensioners, including the
+expenses of disbursement, was $13,459,996, and 50,177 names were added
+to the pension rolls. The entire number of pensioners June 30, 1866,
+was 126,722. This fact furnishes melancholy and striking proof of
+the sacrifices made to vindicate the constitutional authority of the
+Federal Government and to maintain inviolate the integrity of the Union.
+They impose upon us corresponding obligations. It is estimated that
+$33,000,000 will be required to meet the exigencies of this branch of
+the service during the next fiscal year.
+
+Treaties have been concluded with the Indians, who, enticed into armed
+opposition to our Government at the outbreak of the rebellion, have
+unconditionally submitted to our authority and manifested an earnest
+desire for a renewal of friendly relations.
+
+During the year ending September 30, 1866, 8,716 patents for useful
+inventions and designs were issued, and at that date the balance in
+the Treasury to the credit of the patent fund was $228,297.
+
+As a subject upon which depends an immense amount of the production and
+commerce of the country, I recommend to Congress such legislation as
+may be necessary for the preservation of the levees of the Mississippi
+River. It is a matter of national importance that early steps should
+be taken, not only to add to the efficiency of these barriers against
+destructive inundations, but for the removal of all obstructions to the
+free and safe navigation of that great channel of trade and commerce.
+
+The District of Columbia under existing laws is not entitled to that
+representation in the national councils which from our earliest history
+has been uniformly accorded to each Territory established from time to
+time within our limits. It maintains peculiar relations to Congress, to
+whom the Constitution has granted the power of exercising exclusive
+legislation over the seat of Government. Our fellow-citizens residing
+in the District, whose interests are thus confided to the special
+guardianship of Congress, exceed in number the population of several of
+our Territories, and no just reason is perceived why a Delegate of their
+choice should not be admitted to a seat in the House of Representatives.
+No mode seems so appropriate and effectual of enabling them to make
+known their peculiar condition and wants and of securing the local
+legislation adapted to them. I therefore recommend the passage of a
+law authorizing the electors of the District of Columbia to choose a
+Delegate, to be allowed the same rights and privileges as a Delegate
+representing a Territory. The increasing enterprise and rapid progress
+of improvement in the District are highly gratifying, and I trust that
+the efforts of the municipal authorities to promote the prosperity of
+the national metropolis will receive the efficient and generous
+cooperation of Congress.
+
+The report of the Commissioner of Agriculture reviews the operations of
+his Department during the past year, and asks the aid of Congress in
+its efforts to encourage those States which, scourged by war, are now
+earnestly engaged in the reorganization of domestic industry.
+
+It is a subject of congratulation that no foreign combinations
+against our domestic peace and safety or our legitimate influence
+among the nations have been formed or attempted. While sentiments of
+reconciliation, loyalty, and patriotism have increased at home, a more
+just consideration of our national character and rights has been
+manifested by foreign nations.
+
+The entire success of the Atlantic telegraph between the coast of
+Ireland and the Province of Newfoundland is an achievement which has
+been justly celebrated in both hemispheres as the opening of an era in
+the progress of civilization. There is reason to expect that equal
+success will attend and even greater results follow the enterprise for
+connecting the two continents through the Pacific Ocean by the projected
+line of telegraph between Kamchatka and the Russian possessions in
+America.
+
+The resolution of Congress protesting against pardons by foreign
+governments of persons convicted of infamous offenses on condition of
+emigration to our country has been communicated to the states with which
+we maintain intercourse, and the practice, so justly the subject of
+complaint on our part, has not been renewed.
+
+The congratulations of Congress to the Emperor of Russia upon his escape
+from attempted assassination have been presented to that humane and
+enlightened ruler and received by him with expressions of grateful
+appreciation.
+
+The Executive, warned of an attempt by Spanish American adventurers to
+induce the emigration of freedmen of the United States to a foreign
+country, protested against the project as one which, if consummated,
+would reduce them to a bondage even more oppressive than that from
+which they have just been relieved. Assurance has been received from
+the Government of the State in which the plan was matured that the
+proceeding will meet neither its encouragement nor approval. It is
+a question worthy of your consideration whether our laws upon this
+subject are adequate to the prevention or punishment of the crime
+thus meditated.
+
+In the month of April last, as Congress is aware, a friendly
+arrangement was made between the Emperor of France and the President
+of the United States for the withdrawal from Mexico of the French
+expeditionary military forces. This withdrawal was to be effected in
+three detachments, the first of which, it was understood, would leave
+Mexico in November, now past, the second in March next, and the third
+and last in November, 1867. Immediately upon the completion of the
+evacuation the French Government was to assume the same attitude of
+nonintervention in regard to Mexico as is held by the Government of the
+United States. Repeated assurances have been given by the Emperor since
+that agreement that he would complete the promised evacuation within
+the period mentioned, or sooner.
+
+It was reasonably expected that the proceedings thus contemplated would
+produce a crisis of great political interest in the Republic of Mexico.
+The newly appointed minister of the United States, Mr. Campbell, was
+therefore sent forward on the 9th day of November last to assume his
+proper functions as minister plenipotentiary of the United States to
+that Republic. It was also thought expedient that he should be attended
+in the vicinity of Mexico by the Lieutenant-General of the Army of the
+United States, with the view of obtaining such information as might be
+important to determine the course to be pursued by the United States in
+reestablishing and maintaining necessary and proper intercourse with the
+Republic of Mexico. Deeply interested in the cause of liberty and
+humanity, it seemed an obvious duty on our part to exercise whatever
+influence we possessed for the restoration and permanent establishment
+in that country of a domestic and republican form of government.
+
+Such was the condition of our affairs in regard to Mexico when, on the
+22d of November last, official information was received from Paris that
+the Emperor of France had some time before decided not to withdraw a
+detachment of his forces in the month of November past, according to
+engagement, but that this decision was made with the purpose of
+withdrawing the whole of those forces in the ensuing spring. Of this
+determination, however, the United States had not received any notice
+or intimation, and so soon as the information was received by the
+Government care was taken to make known its dissent to the Emperor of
+France.
+
+I can not forego the hope that France will reconsider the subject and
+adopt some resolution in regard to the evacuation of Mexico which will
+conform as nearly as practicable with the existing engagement, and thus
+meet the just expectations of the United States. The papers relating
+to the subject will be laid before you. It is believed that with the
+evacuation of Mexico by the expeditionary forces no subject for serious
+differences between France and the United States would remain. The
+expressions of the Emperor and people of France warrant a hope that the
+traditionary friendship between the two countries might in that case be
+renewed and permanently restored.
+
+A claim of a citizen of the United States for indemnity for spoliations
+committed on the high seas by the French authorities in the exercise of
+a belligerent power against Mexico has been met by the Government of
+France with a proposition to defer settlement until a mutual convention
+for the adjustment of all claims of citizens and subjects of both
+countries arising out of the recent wars on this continent shall
+be agreed upon by the two countries. The suggestion is not deemed
+unreasonable, but it belongs to Congress to direct the manner in which
+claims for indemnity by foreigners as well as by citizens of the United
+States arising out of the late civil war shall be adjudicated and
+determined. I have no doubt that the subject of all such claims will
+engage your attention at a convenient and proper time.
+
+It is a matter of regret that no considerable advance has been made
+toward an adjustment of the differences between the United States and
+Great Britain arising out of the depredations upon our national commerce
+and other trespasses committed during our civil war by British subjects,
+in violation of international law and treaty obligations. The delay,
+however, may be believed to have resulted in no small degree from the
+domestic situation of Great Britain. An entire change of ministry
+occurred in that country during the last session of Parliament. The
+attention of the new ministry was called to the subject at an early day,
+and there is some reason to expect that it will now be considered in a
+becoming and friendly spirit. The importance of an early disposition of
+the question can not be exaggerated. Whatever might be the wishes of the
+two Governments, it is manifest that good will and friendship between
+the two countries can not be established until a reciprocity in the
+practice of good faith and neutrality shall be restored between the
+respective nations.
+
+On the 6th of June last, in violation of our neutrality laws, a military
+expedition and enterprise against the British North American colonies
+was projected and attempted to be carried on within the territory and
+jurisdiction of the United States. In obedience to the obligation
+imposed upon the Executive by the Constitution to see that the laws are
+faithfully executed, all citizens were warned by proclamation against
+taking part in or aiding such unlawful proceedings, and the proper
+civil, military, and naval officers were directed to take all necessary
+measures for the enforcement of the laws. The expedition failed, but it
+has not been without its painful consequences. Some of our citizens who,
+it was alleged, were engaged in the expedition were captured, and have
+been brought to trial as for a capital offense in the Province of
+Canada. Judgment and sentence of death have been pronounced against
+some, while others have been acquitted. Fully believing in the maxim of
+government that severity of civil punishment for misguided persons who
+have engaged in revolutionary attempts which have disastrously failed is
+unsound and unwise, such representations have been made to the British
+Government in behalf of the convicted persons as, being sustained by
+an enlightened and humane judgment, will, it is hoped, induce in their
+cases an exercise of clemency and a judicious amnesty to all who were
+engaged in the movement. Counsel has been employed by the Government to
+defend citizens of the United States on trial for capital offenses in
+Canada, and a discontinuance of the prosecutions which were instituted
+in the courts of the United States against those who took part in the
+expedition has been directed.
+
+I have regarded the expedition as not only political in its nature, but
+as also in a great measure foreign from the United States in its causes,
+character, and objects. The attempt was understood to be made in
+sympathy with an insurgent party in Ireland, and by striking at a
+British Province on this continent was designed to aid in obtaining
+redress for political grievances which, it was assumed, the people of
+Ireland had suffered at the hands of the British Government during a
+period of several centuries. The persons engaged in it were chiefly
+natives of that country, some of whom had, while others had not, become
+citizens of the United States under our general laws of naturalization.
+Complaints of misgovernment in Ireland continually engage the attention
+of the British nation, and so great an agitation is now prevailing in
+Ireland that the British Government have deemed it necessary to suspend
+the writ of _habeas corpus_ in that country. These circumstances must
+necessarily modify the opinion which we might otherwise have entertained
+in regard to an expedition expressly prohibited by our neutrality laws.
+So long as those laws remain upon our statute books they should be
+faithfully executed, and if they operate harshly, unjustly, or
+oppressively Congress alone can apply the remedy by their modification
+or repeal.
+
+Political and commercial interests of the United States are not unlikely
+to be affected in some degree by events which are transpiring in the
+eastern regions of Europe, and the time seems to have come when our
+Government ought to have a proper diplomatic representation in Greece.
+
+This Government has claimed for all persons not convicted or accused or
+suspected of crime an absolute political right of self-expatriation and
+a choice of new national allegiance. Most of the European States have
+dissented from this principle, and have claimed a right to hold such of
+their subjects as have emigrated to and been naturalized in the United
+States and afterwards returned on transient visits to their native
+countries to the performance of military service in like manner as
+resident subjects. Complaints arising from the claim in this respect
+made by foreign states have heretofore been matters of controversy
+between the United States and some of the European powers, and the
+irritation consequent upon the failure to settle this question increased
+during the war in which Prussia, Italy, and Austria were recently
+engaged. While Great Britain has never acknowledged the right of
+expatriation, she has not for some years past practically insisted
+upon the opposite doctrine. France has been equally forbearing, and
+Prussia has proposed a compromise, which, although evincing increased
+liberality, has not been accepted by the United States. Peace is now
+prevailing everywhere in Europe, and the present seems to be a favorable
+time for an assertion by Congress of the principle so long maintained by
+the executive department that naturalization by one state fully exempts
+the native-born subject of any other state from the performance of
+military service under any foreign government, so long as he does not
+voluntarily renounce its rights and benefits.
+
+In the performance of a duty imposed upon me by the Constitution
+I have thus submitted to the representatives of the States and of the
+people such information of our domestic and foreign affairs as the
+public interests seem to require. Our Government is now undergoing its
+most trying ordeal, and my earnest prayer is that the peril may be
+successfully and finally passed without impairing its original strength
+and symmetry. The interests of the nation are best to be promoted by the
+revival of fraternal relations, the complete obliteration of our past
+differences, and the reinauguration of all the pursuits of peace.
+Directing our efforts to the early accomplishment of these great
+ends, let us endeavor to preserve harmony between the coordinate
+departments of the Government, that each in its proper sphere may
+cordially cooperate with the other in securing the maintenance of
+the Constitution, the preservation of the Union, and the perpetuity
+of our free institutions.
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 8, 1866_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 5th
+instant, inquiring if any portion of Mexican territory has been occupied
+by United States troops, I transmit the accompanying report upon the
+subject from the Secretary of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 8, 1866_.
+
+_To the House of Representatives_:
+
+I have the honor to communicate a report of the Secretary of State
+relating to the discovery and arrest of John H. Surratt.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 11, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the Secretary of War and the
+Attorney-General, in compliance with a resolution of the 3d instant,
+requesting the President to communicate to the House, "if not in his
+opinion incompatible with the public interests, the information asked
+for in a resolution of this House dated the 23d June last, and which
+resolution he has up to this time failed to answer, as to whether any
+application has been made to him for the pardon of G.E. Pickett, who
+acted as a major-general of the rebel forces in the late war for the
+suppression of insurrection, and, if so, what has been the action
+thereon; and also to communicate copies of all papers, entries,
+indorsements, and other documentary evidence in relation to any
+proceeding in connection with such application; and that he also inform
+this House whether, since the adjournment at Raleigh, N.C., on the
+30th of March last, of the last board or court of inquiry convened to
+investigate the facts attending the hanging of a number of United States
+soldiers for alleged desertion from the rebel army, any further measures
+have been taken to bring the said Pickett or other perpetrators of that
+crime to punishment."
+
+In transmitting the accompanying papers containing the information
+requested by the House of Representatives it is proper to state that,
+instead of bearing date the 23d of June last, the first resolution was
+dated the 23d of July, and was received by the Executive only four days
+before the termination of the session.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I communicate a translation of a letter of the 17th of August last
+addressed to me by His Majesty Alexander, Emperor of Russia, in reply to
+the joint resolution of Congress approved on the 16th day of May, 1866,
+relating to the attempted assassination of the Emperor, a certified copy
+of which was, in compliance with the request of Congress, forwarded to
+His Majesty by the hands of Gustavus V. Fox, late Assistant Secretary of
+the Navy of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 15, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, in
+answer to a resolution of the House of Representatives of the 10th
+instant, in relation to the Atchison and Pikes Peak Railroad Company.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+December 4 last, requesting information "relating to the attempt of
+Santa Anna and Ortega to organize armed expeditions within the United
+States for the purpose of overthrowing the National Government of the
+Republic of Mexico," I transmit a report from the Secretary of State
+and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 21, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 19th
+instant, calling for a copy of certain correspondence relating to the
+joint occupancy of the island of San Juan, in Washington Territory,
+I transmit a report from the Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 3, 1867_.
+
+_To the House of Representatives_:
+
+I have the honor to communicate an additional report of the Secretary of
+State relating to the discovery and arrest of John H. Surratt.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of War and the
+accompanying papers, in reply to the resolution of the House of
+Representatives of the 13th ultimo, requesting copies of all official
+documents, orders, letters, and papers of every description relative to
+the trial by a military commission and conviction of Crawford Keys and
+others for the murder of Emory Smith and others, and to the respite
+of the sentence in the case of said Crawford Keys or either of his
+associates, their transfer to Fort Delaware, and subsequent release
+upon a writ of _habeas corpus_.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying report from the Attorney-General as a
+partial reply to the resolution of the House of Representatives of the
+10th ultimo, requesting a "list of names of all persons engaged in the
+late rebellion against the United States Government who have been
+pardoned by the President from April 15, 1865, to this date; that said
+list shall also state the rank of each person who has been so pardoned,
+if he has been engaged in the military service of the so-called
+Confederate government, and the position if he shall have held any civil
+office under said so-called Confederate government; and shall also
+further state whether such person has at any time prior to April 14,
+1861, held any office under the United States Government, and, if so,
+what office, together with the reasons for granting such pardons and
+also the names of the person or persons at whose solicitation such
+pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 9, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy, in
+answer to a resolution of the House of the 19th ultimo, requesting a
+statement of the amounts charged to the State Department since May 1,
+1865, for services rendered by naval vessels.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 9, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+with the accompanying documents, in answer to a resolution of the Senate
+of the 5th ultimo, calling for copies of orders, instructions, and
+directions issued from that Department in relation to the employment of
+officers and others in the navy-yards of the United States, and all
+communications received in relation to employment at the Norfolk
+Navy-Yard.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 10, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to a resolution of
+the 17th ultimo, calling for information relative to the revolution in
+Candia, a report of the Secretary of State, with accompanying documents.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, January 14, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of the 19th ultimo,
+requesting information regarding the occupation of Mexican territory by
+the troops of the United States, I transmit a report of the Secretary of
+State and one of the Secretary of War, and the documents by which they
+were accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 18, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the 19th ultimo, requesting certain
+information in regard to the Universal Exposition to be held at Paris
+during the present year, I transmit a report from the Secretary of State
+and the documents to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 19, 1867_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report from the Secretary of the Interior,
+in answer to a resolution of the House of Representatives of the 16th
+instant, in relation to the clerks of the Federal courts and the marshal
+of the United States for the district of North Carolina.
+
+ANDREW JOHNSON.
+
+
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of War and the
+accompanying papers, in compliance with the resolution of the House of
+Representatives of the 19th ultimo, requesting copies of all papers in
+possession of the President touching the case of George St. Leger
+Grenfel.
+
+ANDREW JOHNSON.
+
+JANUARY 21, 1867.
+
+
+
+WASHINGTON, _January 23, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 21st
+instant, a report from the Secretary of State, with accompanying
+papers.[8]
+
+ANDREW JOHNSON.
+
+[Footnote 8: Correspondence with Mr. Motley, envoy extraordinary
+and minister plenipotentiary at Vienna, relative to his reported
+resignation.]
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[9] from the Secretary of State, with
+accompanying papers, in answer to the Senate's resolution of the
+7th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 9: Relating to an alleged emigration of citizens of the United
+States to the dominions of the Sublime Porte for the purpose of settling
+and acquiring landed property there.]
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution of the House of Representatives of the
+7th instant, in relation to the attempted compromise of certain suits
+instituted in the English courts in behalf of the United States against
+Fraser, Trenholm & Co., alleged agents of the so-called Confederate
+government, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report[10] from the Secretary of State, in answer
+to the resolution of the House of Representatives of the 24th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 10: Stating that the Department of State has received no
+information concerning the removal of the Protestant Church or religious
+assembly meeting at the American embassy from the city of Rome by an
+order of that Government.]
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+12th ultimo and its request of the 28th instant for all correspondence,
+reports, and information in my possession in relation to the riot which
+occurred in the city of New Orleans on the 30th day of July last, I
+transmit herewith copies of telegraphic dispatches upon the subject,
+and reports from the Secretary of War, with the papers accompanying
+the same.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+4th of December last, requesting information upon the present condition
+of affairs in the Republic of Mexico, and of one of the 18th of the same
+month, desiring me to communicate to the House of Representatives copies
+of all correspondence on the subject of the evacuation of Mexico by the
+French troops not before officially published, I transmit a report from
+the Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 31, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, containing the information in reference to appointments
+to office requested in the resolution adopted by the House of
+Representatives on the 6th of December last.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 31, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report by the Secretary of War of January 30,
+containing the information asked for in a resolution of the House of
+Representatives of January 25, 1867, hereto annexed, respecting the
+execution of "An act providing for the appointment of a commissioner to
+examine and report upon certain claims of the State of Iowa," approved
+July 25, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 31, 1867_.
+
+_To the Senate of the United States_:
+
+The accompanying reports from the heads of the several Executive
+Departments of the Government are submitted in compliance with a
+resolution of the Senate dated the 12th ultimo, inquiring whether any
+person appointed to an office required by law to be filled by and with
+the advice and consent of the Senate, and who was commissioned during
+the recess of the Senate, previous to the assembling of the present
+Congress, to fill a vacancy, has been continued in such office and
+permitted to discharge its functions, either by the granting of a new
+commission or otherwise, since the end of the session of the Senate on
+the 28th day of July last, without the submission of the name of such
+person to the Senate for its confirmation; and particularly whether a
+surveyor or naval officer of the port of Philadelphia has thus been
+continued in office without the consent of the Senate, and, if any such
+officer has performed the duties of that office, whether he has received
+any salary or compensation therefor.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded the 29th day of August, 1866, between Alexander
+Cummings, governor of Colorado Territory and _ex officio_ superintendent
+of Indian affairs, Hon. A.C. Hunt, and D.C. Oakes, United States Indian
+agent, duly authorized and appointed as commissioners for the purpose,
+and the chiefs and warriors of the Uintah Jampa, or Grand River, bands
+of Utah Indians.
+
+A letter of the Secretary of the Interior of the 31st of January, with
+copy of letter from the Commissioner of Indian Affairs of the 28th of
+January, 1867, together with a map showing the tract of country claimed
+by said Indians, accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 2d instant, requesting
+the Secretary of State to report what steps have been taken him to
+secure to the United States the right to make the necessary surveys for
+an interoceanic ship canal through the territory of Colombia, I transmit
+herewith the report of the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith communicate a report from the Secretary of the Interior of
+this date, in answer to a resolution of the Senate of the 31st ultimo,
+in relation to the deputy marshals, bailiffs, and criers in the District
+of Columbia who have received compensation for the year 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit a report of the Secretary of the Treasury, in answer to a
+resolution of the Senate of the 31st ultimo, on the subject of a treaty
+of reciprocity with the Hawaiian Islands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 5, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the Senate's resolution of the 2d
+instant, a report from the Secretary of State, with an accompanying
+document.[11]
+
+ANDREW JOHNSON.
+
+[Footnote 11: Copy of the letter on which the Secretary of State founded
+his inquiries addressed to Mr. Motley, United States minister at Vienna,
+with regard to his reported conversation and opinions.]
+
+
+
+WASHINGTON, _February 5, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making inquiry
+as to the States which have ratified the amendment to the Constitution
+proposed by the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+4th instant, requesting me to communicate to that body any official
+correspondence which may have taken place with regard to the visit of
+Professor Agassiz to Brazil, I transmit herewith the report of the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report of the Secretary of the Interior,
+in answer to a resolution of the House of Representatives of the 22d
+ultimo, requesting information relative to the condition, occupancy,
+and area of the Hot Springs Reservation, in the State of Arkansas.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the Senate's resolution of the 7th
+instant, a report[12] from the Secretary of State, with an accompanying
+document.
+
+ANDREW JOHNSON.
+
+[Footnote 12: Relating to the reported transfer of the United States
+minister from Stockholm to Bogota.]
+
+
+
+WASHINGTON, _February 11, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 6th of February,
+1867, requesting me to transmit copies of all correspondence not
+heretofore communicated on the subject of grants to American citizens
+for railroad and telegraph lines across the territory of the Republic of
+Mexico, I submit herewith the report of the Secretary of State and the
+papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 16, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making further
+inquiry as to the States which have ratified the amendment to the
+Constitution proposed by the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 16, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th of July last,
+relative to the practicability of establishing equal reciprocal
+relations between the United States and the British North American
+Provinces and to the actual condition of the question of the fisheries,
+I transmit a report on the subject from the Secretary of State, with
+the papers to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1867_.
+
+_To the Senate of the United States_:
+
+I have received a resolution of the Senate dated the 8th day of January
+last, requesting the President to inform the Senate if any violations of
+the act entitled "An act to protect all persons in the United States in
+their civil rights and furnish the means of their vindication" have come
+to his knowledge, and, if so, what steps, if any, have been taken by him
+to enforce the law and punish the offenders.
+
+Not being cognizant of any cases which came within the purview of the
+resolution, in order that the inquiry might have the fullest range I
+referred it to the heads of the several Executive Departments, whose
+reports are herewith communicated for the information of the Senate.
+
+With the exception of the cases mentioned in the reports of the
+Secretary of War and the Attorney-General, no violations, real or
+supposed, of the act to which the resolution refers have at any time
+come to the knowledge of the Executive. The steps taken in these cases
+to enforce the law appear in these reports.
+
+The Secretary of War, under date of the 15th instant, submitted a series
+of reports from the General Commanding the armies of the United States
+and other military officers as to supposed violations of the act alluded
+to in the resolution, with the request that they should be referred to
+the Attorney-General "for his investigation and report, to the end that
+the cases may be designated which are cognizant by the civil authorities
+and such as are cognizant by military tribunals." I have directed the
+reference so to be made.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a letter of the 26th ultimo, addressed to me by W.F.M. Arny,
+secretary and acting governor of the Territory of New Mexico, with the
+memorials to Congress by which it was accompanied, requesting certain
+appropriations for that Territory. The attention of the House of
+Representatives is invited to the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 19, 1867_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying reports from the Secretary of the Treasury
+and the Secretary of War, in answer to the resolution of the House of
+Representatives of the 28th May last, requesting certain information in
+regard to captured and forfeited cotton.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, giving information of
+States which have ratified the amendment to the Constitution proposed by
+the Thirty-ninth Congress in addition to those named in his report which
+was communicated in my message of the 16th instant, in answer to a
+resolution of the House of Representatives of the 15th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 11th
+instant, a report from the Secretary of State, with accompanying
+documents.[13]
+
+ANDREW JOHNSON.
+
+[Footnote 13: Correspondence relative to the refusal of the United
+States consul at Cadiz, Spain, to certify invoices of wines shipped
+from that port, etc.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 31st ultimo,
+a report from the Secretary of State, with accompanying documents.[14]
+
+ANDREW JOHNSON.
+
+[Footnote 14: Correspondence with foreign ministers of the United States
+relative to the policy of the President toward the States lately in
+rebellion.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 19th
+instant, a report from the Secretary of State, with accompanying
+documents.[15]
+
+ANDREW JOHNSON.
+
+[Footnote 15: Correspondence relative to the salary of the United States
+minister to Portugal.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 14th instant, a report[16] from the Secretary of
+State of this date.
+
+ANDREW JOHNSON.
+
+[Footnote 16: Stating that the correspondence relative to the refusal of
+the United States consul at Cadiz, Spain, to certify invoices of wines
+shipped from that port had been sent to the Senate.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+For the reasons stated[16] in the accompanying communication from the
+Secretary of the Interior, I withdraw the treaty concluded with the
+New York Indians in Kansas and submitted to the Senate in the month of
+December, 1863, but upon which I am informed no action has yet been
+taken.
+
+ANDREW JOHNSON.
+
+[Footnote 16: For the purpose of concluding a new treaty.]
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in the city of Washington on the 19th of February,
+1867, between the United States and the Sac and Fox tribes of Indians
+of Missouri.
+
+A letter of the Secretary of the Interior of the 23d and copy of a
+letter of the Commissioner of Indian Affairs of the 19th of February,
+1867, accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in the city of Washington on the 18th February, 1867,
+between the United States and the Sac and Fox tribes of Indians of the
+Mississippi.
+
+A letter of the Secretary of the Interior of the 23d and a copy of a
+letter of the Commissioner of Indian Affairs of the 19th February, 1867,
+accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 19th February, 1867, between the United States
+and the Sisseton and Wahpeton bands of Indians.
+
+A letter of the Secretary of the Interior of the 23d instant and
+accompanying copies of letters of the Commissioner of Indian Affairs
+and Major T.R. Brown, in relation to said treaty, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 23, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 12th instant addressed to me by His
+Excellency Lucius Fairchild, governor of the State of Wisconsin, and of
+the memorial to Congress concerning the Paris Exposition adopted by the
+legislature of that State during its present session.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 25, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, in
+reply to the resolution of the House of Representatives of the 11th
+instant, calling for certain information relative to removals and
+appointments in his Department since the adjournment of the first
+session of the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 26, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and G.V. Fox, esq., relative to the presentation by the latter
+to the Emperor of Russia of the resolution of Congress expressive of
+the feelings of the people of the United States in reference to the
+providential escape of that sovereign from an attempted assassination.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 26, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, with a view to ratification, a general
+convention of amity, commerce, and navigation and for the surrender of
+fugitive criminals between the United States and the Dominican Republic,
+signed by the plenipotentiaries of the parties at the city of St.
+Domingo on the 8th of this month.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 27, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+in answer to a resolution of the House of Representatives of the 21st
+instant, calling for a copy of a letter addressed by Richard M. Boynton
+and Harriet M. Fisher to the Secretary of the Navy in the month of
+February, 1863, together with the indorsement made thereon by the Chief
+of the Bureau of Ordnance.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Attorney-General, additional to the
+one submitted by him December 13, 1866, in reply to the resolution of
+the House of Representatives of December 10, 1866, requesting "a list of
+names of all persons who have been engaged in the late rebellion against
+the United States Government who have been pardoned by the President
+from April 15, 1865, to this date; that said list shall also state the
+rank of each person who has been so pardoned, if he has been engaged
+in the military service of the so-called Confederate States, and the
+position if he shall have held any civil office under said so-called
+Confederate government; and shall also further state whether such person
+has at any time prior to April 14, 1861, held any office under the
+United States Government, and, if so, what office, together with the
+reasons for granting such pardons, and also the names of the person or
+persons at whose solicitation such pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+MARCH 2, 1867.
+
+_To the House of Representatives_:
+
+The act entitled "An act making appropriations for the support of the
+Army for the year ending June 30, 1868, and for other purposes" contains
+provisions to which I must call attention. Those provisions are
+contained in the second section, which in certain cases virtually
+deprives the President of his constitutional functions as Commander in
+Chief of the Army, and in the sixth section, which denies to ten States
+of this Union their constitutional right to protect themselves in any
+emergency by means of their own militia. Those provisions are out of
+place in an appropriation act. I am compelled to defeat these necessary
+appropriations if I withhold my signature to the act. Pressed by these
+considerations, I feel constrained to return the bill with my signature,
+but to accompany it with my protest against the sections which I have
+indicated.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _January 5, 1867_.
+
+_To the Senate of the United States_:
+
+I have received and considered a bill entitled "An act to regulate the
+elective franchise in the District of Columbia," passed by the Senate
+on the 13th of December and by the House of Representatives on the
+succeeding day. It was presented for my approval on the 26th ultimo--six
+days after the adjournment of Congress--and is now returned with my
+objections to the Senate, in which House it originated.
+
+Measures having been introduced at the commencement of the first session
+of the present Congress for the extension of the elective franchise to
+persons of color in the District of Columbia, steps were taken by the
+corporate authorities of Washington and Georgetown to ascertain and make
+known the opinion of the people of the two cities upon a subject so
+immediately affecting their welfare as a community. The question was
+submitted to the people at special elections held in the month of
+December, 1865, when the qualified voters of Washington and Georgetown,
+with great unanimity of sentiment, expressed themselves opposed to
+the contemplated legislation. In Washington, in a vote of 6,556--the
+largest, with but two exceptions, ever polled in that city--only
+thirty-five ballots were cast for negro suffrage, while in Georgetown,
+in an aggregate of 813 votes--a number considerably in excess of the
+average vote at the four preceding annual elections--but one was given
+in favor of the proposed extension of the elective franchise. As these
+elections seem to have been conducted with entire fairness, the result
+must be accepted as a truthful expression of the opinion of the people
+of the District upon the question which evoked it. Possessing, as an
+organized community, the same popular right as the inhabitants of a
+State or Territory to make known their will upon matters which affect
+their social and political condition, they could have selected no more
+appropriate mode of memorializing Congress upon the subject of this
+bill than through the suffrages of their qualified voters.
+
+Entirely disregarding the wishes of the people of the District of
+Columbia, Congress has deemed it right and expedient to pass the measure
+now submitted for my signature. It therefore becomes the duty of the
+Executive, standing between the legislation of the one and the will of
+the other, fairly expressed, to determine whether he should approve the
+bill, and thus aid in placing upon the statute books of the nation a law
+against which the people to whom it is to apply have solemnly and with
+such unanimity protested, or whether he should return it with his
+objections in the hope that upon reconsideration Congress, acting as
+the representatives of the inhabitants of the seat of Government, will
+permit them to regulate a purely local question as to them may seem best
+suited to their interests and condition.
+
+The District of Columbia was ceded to the United States by Maryland and
+Virginia in order that it might become the permanent seat of Government
+of the United States. Accepted by Congress, it at once became subject to
+the "exclusive legislation" for which provision is made in the Federal
+Constitution. It should be borne in mind, however, that in exercising
+its functions as the lawmaking power of the District of Columbia the
+authority of the National Legislature is not without limit, but that
+Congress is bound to observe the letter and spirit of the Constitution
+as well in the enactment of local laws for the seat of Government as
+in legislation common to the entire Union. Were it to be admitted that
+the right "to exercise exclusive legislation in all cases whatsoever"
+conferred upon Congress unlimited power within the District of Columbia,
+titles of nobility might be granted within its boundaries; laws might be
+made "respecting an establishment of religion or prohibiting the free
+exercise thereof, or abridging the freedom of speech or of the press,
+or the right of the people peaceably to assemble and to petition the
+Government for a redress of grievances." Despotism would thus reign at
+the seat of government of a free republic, and as a place of permanent
+residence it would be avoided by all who prefer the blessings of liberty
+to the mere emoluments of official position.
+
+It should also be remembered that in legislating for the District of
+Columbia under the Federal Constitution the relation of Congress to
+its inhabitants is analogous to that of a legislature to the people
+of a State under their own local constitution. It does not, therefore,
+seem to be asking too much that in matters pertaining to the District
+Congress should have a like respect for the will and interest of its
+inhabitants as is entertained by a State legislature for the wishes
+and prosperity of those for whom they legislate. The spirit of our
+Constitution and the genius of our Government require that in regard to
+any law which is to affect and have a permanent bearing upon a people
+their will should exert at least a reasonable influence upon those who
+are acting in the capacity of their legislators. Would, for instance,
+the legislature of the State of New York, or of Pennsylvania, or of
+Indiana, or of any State in the Union, in opposition to the expressed
+will of a large majority of the people whom they were chosen to
+represent, arbitrarily force upon them as voters all persons of the
+African or negro race and make them eligible for office without any
+other qualification than a certain term of residence within the State?
+In neither of the States named would the colored population, when acting
+together, be able to produce any great social or political result.
+Yet in New York, before he can vote, the man of color must fulfill
+conditions that are not required of the white citizen; in Pennsylvania
+the elective franchise is restricted to white freemen, while in Indiana
+negroes and mulattoes are expressly excluded from the right of suffrage.
+It hardly seems consistent with the principles of right and justice that
+representatives of States where suffrage is either denied the colored
+man or granted to him on qualifications requiring intelligence or
+property should compel the people of the District of Columbia to
+try an experiment which their own constituents have thus far shown
+an unwillingness to test for themselves. Nor does it accord with our
+republican ideas that the principle of self-government should lose its
+force when applied to the residents of the District merely because their
+legislators are not, like those of the States, responsible through the
+ballot to the people for whom they are the lawmaking power.
+
+The great object of placing the seat of Government under the exclusive
+legislation of Congress was to secure the entire independence of the
+General Government from undue State influence and to enable it to
+discharge without danger of interruption or infringement of its
+authority the high functions for which it was created by the people.
+For this important purpose it was ceded to the United States by Maryland
+and Virginia, and it certainly never could have been contemplated
+as one of the objects to be attained by placing it under the exclusive
+jurisdiction of Congress that it would afford to propagandists or
+political parties a place for an experimental test of their principles
+and theories. While, indeed, the residents of the seat of Government are
+not citizens of any State and are not, therefore, allowed a voice in the
+electoral college or representation in the councils of the nation, they
+are, nevertheless, American citizens, entitled as such to every guaranty
+of the Constitution, to every benefit of the laws, and to every right
+which pertains to citizens of our common country. In all matters, then,
+affecting their domestic affairs, the spirit of our democratic form of
+government demands that their wishes should be consulted and respected
+and they taught to feel that although not permitted practically to
+participate in national concerns, they are, nevertheless, under a
+paternal government regardful of their rights, mindful of their wants,
+and solicitous for their prosperity. It was evidently contemplated that
+all local questions would be left to their decision, at least to an
+extent that would not be incompatible with the object for which Congress
+was granted exclusive legislation over the seat of Government. When the
+Constitution was yet under consideration, it was assumed by Mr. Madison
+that its inhabitants would be allowed "a municipal legislature for local
+purposes, derived from their own suffrages." When for the first time
+Congress, in the year 1800, assembled at Washington, President Adams, in
+his speech at its opening, reminded the two Houses that it was for them
+to consider whether the local powers over the District of Columbia,
+vested by the Constitution in the Congress of the United States, should
+be immediately exercised, and he asked them to "consider it as the
+capital of a great nation, advancing with unexampled rapidity in arts,
+in commerce, in wealth, and in population, and possessing within itself
+those resources which, if not thrown away or lamentably misdirected,
+would secure to it a long course of prosperity and self-government."
+Three years had not elapsed when Congress was called upon to determine
+the propriety of retroceding to Maryland and Virginia the jurisdiction
+of the territory which they had respectively relinquished to the
+Government of the United States. It was urged on the one hand that
+exclusive jurisdiction was not necessary or useful to the Government;
+that it deprived the inhabitants of the District of their political
+rights; that much of the time of Congress was consumed in legislation
+pertaining to it; that its government was expensive; that Congress was
+not competent to legislate for the District, because the members were
+strangers to its local concerns; and that it was an example of a
+government without representation--an experiment dangerous to the
+liberties of the States. On the other hand it was held, among other
+reasons, and successfully, that the Constitution, the acts of cession
+of Virginia and Maryland, and the act of Congress accepting the grant
+all contemplated the exercise of exclusive legislation by Congress,
+and that its usefulness, if not its necessity, was inferred from the
+inconvenience which was felt for want of it by the Congress of the
+Confederation; that the people themselves, who, it was said, had been
+deprived of their political rights, had not complained and did not
+desire a retrocession; that the evil might be remedied by giving them a
+representation in Congress when the District should become sufficiently
+populous, and in the meantime a local legislature; that if the
+inhabitants had not political rights they had great political influence;
+that the trouble and expense of legislating for the District would not
+be great, but would diminish, and might in a great measure be avoided
+by a local legislature; and that Congress could not retrocede the
+inhabitants without their consent. Continuing to live substantially
+under the laws that existed at the time of the cession, and such changes
+only having been made as were suggested by themselves, the people of the
+District have not sought by a local legislature that which has generally
+been willingly conceded by the Congress of the nation.
+
+As a general rule sound policy requires that the legislature should
+yield to the wishes of a people, when not inconsistent with the
+constitution and the laws. The measures suited to one community might
+not be well adapted to the condition of another; and the persons best
+qualified to determine such questions are those whose interests are
+to be directly affected by any proposed law. In Massachusetts, for
+instance, male persons are allowed to vote without regard to color,
+provided they possess a certain degree of intelligence. In a population
+in that State of 1,231,066 there were, by the census of 1860, only 9,602
+persons of color, and of the males over 20 years of age there were
+339,086 white to 2,602 colored. By the same official enumeration there
+were in the District of Columbia 60,764 whites to 14,316 persons of the
+colored race. Since then, however, the population of the District has
+largely increased, and it is estimated that at the present time there
+are nearly 100,000 whites to 30,000 negroes. The cause of the augmented
+numbers of the latter class needs no explanation. Contiguous to Maryland
+and Virginia, the District during the war became a place of refuge for
+those who escaped from servitude, and it is yet the abiding place of a
+considerable proportion of those who sought within its limits a shelter
+from bondage. Until then held in slavery and denied all opportunities
+for mental culture, their first knowledge of the Government was acquired
+when, by conferring upon them freedom, it became the benefactor of their
+race. The test of their capability for improvement began when for the
+first time the career of free industry and the avenues to intelligence
+were opened to them. Possessing these advantages but a limited time--the
+greater number perhaps having entered the District of Columbia during
+the later years of the war, or since its termination--we may well
+pause to inquire whether, after so brief a probation, they are as a
+class capable of an intelligent exercise of the right of suffrage and
+qualified to discharge the duties of official position. The people
+who are daily witnesses of their mode of living, and who have become
+familiar with their habits of thought, have expressed the conviction
+that they are not yet competent to serve as electors, and thus become
+eligible for office in the local governments under which they live.
+Clothed with the elective franchise, their numbers, already largely in
+excess of the demand for labor, would be soon increased by an influx
+from the adjoining States. Drawn from fields where employment is
+abundant, they would in vain seek it here, and so add to the
+embarrassments already experienced from the large class of idle persons
+congregated in the District. Hardly yet capable of forming correct
+judgments upon the important questions that often make the issues
+of a political contest, they could readily be made subservient to the
+purposes of designing persons. While in Massachusetts, under the census
+of 1860, the proportion of white to colored males over 20 years of age
+was 130 to 1, here the black race constitutes nearly one-third of the
+entire population, whilst the same class surrounds the District on all
+sides, ready to change their residence at a moment's notice, and with
+all the facility of a nomadic people, in order to enjoy here, after a
+short residence, a privilege they find nowhere else. It is within their
+power in one year to come into the District in such numbers as to have
+the supreme control of the white race, and to govern them by their own
+officers and by the exercise of all the municipal authority--among
+the rest, of the power of taxation over property in which they have
+no interest. In Massachusetts, where they have enjoyed the benefits
+of a thorough educational system, a qualification of intelligence
+is required, while here suffrage is extended to all without
+discrimination--as well to the most incapable who can prove a
+residence in the District of one year as to those persons of color who,
+comparatively few in number, are permanent inhabitants, and, having
+given evidence of merit and qualification, are recognized as useful and
+responsible members of the community. Imposed upon an unwilling people
+placed by the Constitution under the exclusive legislation of Congress,
+it would be viewed as an arbitrary exercise of power and as an
+indication by the country of the purpose of Congress to compel the
+acceptance of negro suffrage by the States. It would engender a feeling
+of opposition and hatred between the two races, which, becoming deep
+rooted and ineradicable, would prevent them from living together in
+a state of mutual friendliness. Carefully avoiding every measure that
+might tend to produce such a result, and following the clear and
+well-ascertained popular will, we should assiduously endeavor to promote
+kindly relations between them, and thus, when that popular will leads
+the way, prepare for the gradual and harmonious introduction of this
+new element into the political power of the country.
+
+It can not be urged that the proposed extension of suffrage in the
+District of Columbia is necessary to enable persons of color to protect
+either their interests or their rights. They stand here precisely as
+they stand in Pennsylvania, Ohio, and Indiana. Here as elsewhere, in all
+that pertains to civil rights, there is nothing to distinguish this
+class of persons from citizens of the United States, for they possess
+the "full and equal benefit of all laws and proceedings for the security
+of person and property as is enjoyed by white citizens," and are made
+"subject to like punishment, pains, and penalties, and to none other,
+any law, statute, ordinance, regulation, or custom to the contrary
+notwithstanding." Nor, as has been assumed, are their suffrages
+necessary to aid a loyal sentiment here, for local governments already
+exist of undoubted fealty to the Government, and are sustained by
+communities which were among the first to testify their devotion to the
+Union, and which during the struggle furnished their full quotas of men
+to the military service of the country.
+
+The exercise of the elective franchise is the highest attribute of an
+American citizen, and when guided by virtue, intelligence, patriotism,
+and a proper appreciation of our institutions constitutes the true basis
+of a democratic form of government, in which the sovereign power is
+lodged in the body of the people. Its influence for good necessarily
+depends upon the elevated character and patriotism of the elector, for
+if exercised by persons who do not justly estimate its value and who are
+indifferent as to its results it will only serve as a means of placing
+power in the hands of the unprincipled and ambitious, and must eventuate
+in the complete destruction of that liberty of which it should be the
+most powerful conservator. Great danger is therefore to be apprehended
+from an untimely extension of the elective franchise to any new class
+in our country, especially when the large majority of that class, in
+wielding the power thus placed in their hands, can not be expected
+correctly to comprehend the duties and responsibilities which pertain
+to suffrage. Yesterday, as it were, 4,000,000 persons were held in a
+condition of slavery that had existed for generations; to-day they are
+freemen and are assumed by law to be citizens. It can not be presumed,
+from their previous condition of servitude, that as a class they are as
+well informed as to the nature of our Government as the intelligent
+foreigner who makes our land the home of his choice. In the case of
+the latter neither a residence of five years and the knowledge of our
+institutions which it gives nor attachment to the principles of the
+Constitution are the only conditions upon which he can be admitted to
+citizenship; he must prove in addition a good moral character, and thus
+give reasonable ground for the belief that he will be faithful to the
+obligations which he assumes as a citizen of the Republic. Where a
+people--the source of all political power--speak by their suffrages
+through the instrumentality of the ballot box, it must be carefully
+guarded against the control of those who are corrupt in principle and
+enemies of free institutions, for it can only become to our political
+and social system a safe conductor of healthy popular sentiment when
+kept free from demoralizing influences. Controlled through fraud and
+usurpation by the designing, anarchy and despotism must inevitably
+follow.
+
+In the hands of the patriotic and worthy our Government will be
+preserved upon the principles of the Constitution inherited from our
+fathers. It follows, therefore, that in admitting to the ballot box
+a new class of voters not qualified for the exercise of the elective
+franchise we weaken our system of government instead of adding to its
+strength and durability.
+
+In returning this bill to the Senate I deeply regret that there should
+be any conflict of opinion between the legislative and executive
+departments of the Government in regard to measures that vitally affect
+the prosperity and peace of the country. Sincerely desiring to reconcile
+the States with one another and the whole people to the Government of
+the United States, it has been my earnest wish to cooperate with
+Congress in all measures having for their object a proper and complete
+adjustment of the questions resulting from our late civil war. Harmony
+between the coordinate branches of the Government, always necessary for
+the public welfare, was never more demanded than at the present time,
+and it will therefore be my constant aim to promote as far as possible
+concert of action between them. The differences of opinion that have
+already occurred have rendered me only the more cautious, lest the
+Executive should encroach upon any of the prerogatives of Congress,
+or by exceeding in any manner the constitutional limit of his duties
+destroy the equilibrium which should exist between the several
+coordinate departments, and which is so essential to the harmonious
+working of the Government. I know it has been urged that the executive
+department is more likely to enlarge the sphere of its action than
+either of the other two branches of the Government, and especially in
+the exercise of the veto power conferred upon it by the Constitution. It
+should be remembered, however, that this power is wholly negative and
+conservative in its character, and was intended to operate as a check
+upon unconstitutional, hasty, and improvident legislation and as a means
+of protection against invasions of the just powers of the executive and
+judicial departments. It is remarked by Chancellor Kent that--
+
+ To enact laws is a transcendent power, and if the body that possesses
+ it be a full and equal representation of the people there is danger of
+ its pressing with destructive weight upon all the other parts of the
+ machinery of Government. It has therefore been thought necessary by the
+ most skillful and most experienced artists in the science of civil
+ polity that strong barriers should be erected for the protection and
+ security of the other necessary powers of the Government. Nothing has
+ been deemed more fit and expedient for the purpose than the provision
+ that the head of the executive department should be so constituted as
+ to secure a requisite share of independence and that he should have a
+ negative upon the passing of laws; and that the judiciary power, resting
+ on a still more permanent basis, should have the right of determining
+ upon the validity of laws by the standard of the Constitution.
+
+
+The necessity of some such check in the hands of the Executive is shown
+by reference to the most eminent writers upon our system of government,
+who seem to concur in the opinion that encroachments are most to be
+apprehended from the department in which all legislative powers are
+vested by the Constitution. Mr. Madison, in referring to the difficulty
+of providing some practical security for each against the invasion of
+the others, remarks that "the legislative department is everywhere
+extending the sphere of its activity and drawing all power into its
+impetuous vortex." "The founders of our Republic * * * seem never to
+have recollected the danger from legislative usurpations, which by
+assembling all power in the same hands must lead to the same tyranny as
+is threatened by Executive usurpations." "In a representative republic,
+where the executive magistracy is carefully limited both in the extent
+and the duration of its power, and where the legislative power is
+exercised by an assembly which is inspired, by a supposed influence over
+the people, with an intrepid confidence in its own strength, which
+is sufficiently numerous to feel all the passions which actuate a
+multitude, yet not so numerous as to be incapable of pursuing the
+objects of its passions by means which reason prescribes, it is against
+the enterprising ambition of this department that the people ought to
+indulge all their jealousy and exhaust all their precautions." "The
+legislative department derives a superiority in our governments from
+other circumstances. Its constitutional powers being at once more
+extensive and less susceptible of precise limits, it can with the
+greater facility mask, under complicated and indirect measures, the
+encroachments which it makes on the coordinate departments." "On the
+other side, the Executive power being restrained within a narrower
+compass and being more simple in its nature, and the judiciary being
+described by landmarks still less uncertain, projects of usurpation
+by either of these departments would immediately betray and defeat
+themselves. Nor is this all. As the legislative department alone has
+access to the pockets of the people and has in some constitutions full
+discretion and in all a prevailing influence over the pecuniary rewards
+of those who fill the other departments, a dependence is thus created in
+the latter which gives still greater facility to encroachments of the
+former." "We have seen that the tendency of republican governments is
+to an aggrandizement of the legislative at the expense of the other
+departments."
+
+Mr. Jefferson, in referring to the early constitution of
+Virginia, objected that by its provisions all the powers of
+government--legislative, executive, and judicial--resulted to the
+legislative body, holding that "the concentrating these in the same
+hands is precisely the definition of despotic government. It will be no
+alleviation that these powers will be exercised by a plurality of hands,
+and not by a single one. One hundred and seventy-three despots would
+surely be as oppressive as one." "As little will it avail us that they
+are chosen by ourselves. An elective despotism was not the government we
+fought for, but one which should not only be founded on free principles,
+but in which the powers of government should be so divided and balanced
+among several bodies of magistracy as that no one could transcend their
+legal limits without being effectually checked and restrained by the
+others. For this reason that convention which passed the ordinance of
+government laid its foundation on this basis, that the legislative,
+executive, and judicial departments should be separate and distinct,
+so that no person should exercise the powers of more than one of them
+at the same time. But no barrier was provided between these several
+powers. The judiciary and executive members were left dependent on the
+legislative for their subsistence in office, and some of them for their
+continuance in it. If, therefore, the legislature assumes executive and
+judiciary powers, no opposition is likely to be made, nor, if made, can
+be effectual, because in that case they may put their proceedings into
+the form of an act of assembly, which will render them obligatory on the
+other branches. They have accordingly in many instances decided rights
+which should have been left to judiciary controversy; and the direction
+of the executive, during the whole time of their session, is becoming
+habitual and familiar."
+
+Mr. Justice Story, in his Commentaries on the Constitution, reviews the
+same subject, and says:
+
+ The truth is that the legislative power is the great and overruling
+ power in every free government. * * * The representatives of the people
+ will watch with jealousy every encroachment of the executive magistrate,
+ for it trenches upon their own authority. But who shall watch the
+ encroachment of these representatives themselves? Will they be as
+ jealous of the exercise of power by themselves as by others? * * *
+
+ There are many reasons which may be assigned for the engrossing
+ influence of the legislative department. In the first place, its
+ constitutional powers are more extensive, and less capable of being
+ brought within precise limits than those of either the other
+ departments. The bounds of the executive authority are easily marked
+ out and defined. It reaches few objects, and those are known. It can
+ not transcend them without being brought in contact with the other
+ departments. Laws may check and restrain and bound its exercise. The
+ same remarks apply with still greater force to the judiciary. The
+ jurisdiction is, or may be, bounded to a few objects or persons; or,
+ however general and unlimited, its operations are necessarily confined
+ to the mere administration of private and public justice. It can not
+ punish without law. It can not create controversies to act upon. It can
+ decide only upon rights and cases as they are brought by others before
+ it. It can do nothing for itself. It must do everything for others. It
+ must obey the laws, and if it corruptly administers them it is subjected
+ to the power of impeachment. On the other hand, the legislative power
+ except in the few cases of constitutional prohibition, is unlimited. It
+ is forever varying its means and its ends. It governs the institutions
+ and laws and public policy of the country. It regulates all its vast
+ interests. It disposes of all its property. Look but at the exercise
+ of two or three branches of its ordinary powers. It levies all taxes;
+ it directs and appropriates all supplies; it gives the rules for the
+ descent, distribution, and devises of all property held by individuals;
+ it controls the sources and the resources of wealth; it changes at its
+ will the whole fabric of the laws; it molds at its pleasure almost all
+ the institutions which give strength and comfort and dignity to society.
+
+ In the next place, it is the direct visible representative of the will
+ of the people in all the changes of times and circumstances. It has the
+ pride as well as the power of numbers. It is easily moved and steadily
+ moved by the strong impulses of popular feeling and popular odium. It
+ obeys without reluctance the wishes and the will of the majority for the
+ time being. The path to public favor lies open by such obedience, and it
+ finds not only support but impunity in whatever measures the majority
+ advises, even though they transcend the constitutional limits. It has no
+ motive, therefore, to be jealous or scrupulous in its own use of power;
+ and it finds its ambition stimulated and its arm strengthened by the
+ countenance and the courage of numbers. These views are not alone those
+ of men who look with apprehension upon the fate of republics, but they
+ are also freely admitted by some of the strongest advocates for popular
+ rights and the permanency of republican institutions. * * *
+
+ * * * * *
+
+ * * * Each department should have a will of its own. * * * Each should
+ have its own independence secured beyond the power of being taken away
+ by either or both of the others. But at the same time the relations of
+ each to the other should be so strong that there should be a mutual
+ interest to sustain and protect each other. There should not only be
+ constitutional means, but personal motives to resist encroachments of
+ one or either of the others. Thus ambition would be made to counteract
+ ambition, the desire of power to check power, and the pressure of
+ interest to balance an opposing interest.
+
+ * * * * *
+
+ * * * The judiciary is naturally and almost necessarily, as has been
+ already said, the weakest department. It can have no means of influence
+ by patronage. Its powers can never be wielded for itself. It has no
+ command over the purse or the sword of the nation. It can neither lay
+ taxes, nor appropriate money, nor command armies, nor appoint to office.
+ It is never brought into contact with the people by constant appeals and
+ solicitations and private intercourse, which belong to all the other
+ departments of Government. It is seen only in controversies or in trials
+ and punishments. Its rigid justice and impartiality give it no claims to
+ favor, however they may to respect. It stands solitary and unsupported,
+ except by that portion of public opinion which is interested only in the
+ strict administration of justice. It can rarely secure the sympathy or
+ zealous support either of the Executive or the Legislature. If they
+ are not, as is not unfrequently the case, jealous of its prerogatives,
+ the constant necessity of scrutinizing the acts of each, upon the
+ application of any private person, and the painful duty of pronouncing
+ judgment that these acts are a departure from the law or Constitution
+ can have no tendency to conciliate kindness or nourish influence. It
+ would seem, therefore, that some additional guards would, under the
+ circumstances, be necessary to protect this department from the absolute
+ dominion of the others. Yet rarely have any such guards been applied,
+ and every attempt to introduce them has been resisted with a pertinacity
+ which demonstrates how slow popular leaders are to introduce checks upon
+ their own power and how slow the people are to believe that the
+ judiciary is the real bulwark of their liberties. * * *
+
+ * * * * *
+
+ * * * If any department of the Government has undue influence or
+ absorbing power, it certainly has not been the executive or judiciary.
+
+
+In addition to what has been said by these distinguished writers,
+it may also be urged that the dominant party in each House may, by the
+expulsion of a sufficient number of members or by the exclusion from
+representation of a requisite number of States, reduce the minority to
+less than one-third. Congress by these means might be enabled to pass a
+law, the objections of the President to the contrary notwithstanding,
+which would render impotent the other two departments of the Government
+and make inoperative the wholesome and restraining power which it was
+intended by the framers of the Constitution should be exerted by them.
+This would be a practical concentration of all power in the Congress
+of the United States; this, in the language of the author of the
+Declaration of Independence, would be "precisely the definition of
+despotic government."
+
+I have preferred to reproduce these teachings of the great statesmen
+and constitutional lawyers of the early and later days of the Republic
+rather than to rely simply upon an expression of my own opinions.
+We can not too often recur to them, especially at a conjuncture like
+the present. Their application to our actual condition is so apparent
+that they now come to us a living voice, to be listened to with more
+attention than at any previous period of our history. We have been and
+are yet in the midst of popular commotion. The passions aroused by a
+great civil war are still dominant. It is not a time favorable to that
+calm and deliberate judgment which is the only safe guide when radical
+changes in our institutions are to be made. The measure now before me is
+one of those changes. It initiates an untried experiment for a people
+who have said, with one voice, that it is not for their good. This alone
+should make us pause, but it is not all. The experiment has not been
+tried, or so much as demanded, by the people of the several States for
+themselves. In but few of the States has such an innovation been allowed
+as giving the ballot to the colored population without any other
+qualification than a residence of one year, and in most of them the
+denial of the ballot to this race is absolute and by fundamental law
+placed beyond the domain of ordinary legislation. In most of those
+States the evil of such suffrage would be partial, but, small as it
+would be, it is guarded by constitutional barriers. Here the innovation
+assumes formidable proportions, which may easily grow to such an extent
+as to make the white population a subordinate element in the body
+politic.
+
+After full deliberation upon this measure, I can not bring myself to
+approve it, even upon local considerations, nor yet as the beginning of
+an experiment on a larger scale. I yield to no one in attachment to that
+rule of general suffrage which distinguishes our policy as a nation.
+But there is a limit, wisely observed hitherto, which makes the ballot
+a privilege and a trust, and which requires of some classes a time
+suitable for probation and preparation. To give it indiscriminately to
+a new class, wholly unprepared by previous habits and opportunities to
+perform the trust which it demands, is to degrade it, and finally to
+destroy its power, for it may be safely assumed that no political truth
+is better established than that such indiscriminate and all-embracing
+extension of popular suffrage must end at last in its destruction.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the Senate of the United States_:
+
+I return to the Senate, in which House it originated, a bill entitled
+"An act to admit the State of Colorado into the Union," to which I can
+not, consistently with my sense of duty, give my approval. With the
+exception of an additional section, containing new provisions, it is
+substantially the same as the bill of a similar title passed by Congress
+during the last session, submitted to the President for his approval,
+returned with the objections contained in a message bearing date the
+15th of May last, and yet awaiting the reconsideration of the Senate.
+
+A second bill, having in view the same purpose, has now passed both
+Houses of Congress and been presented for my signature. Having again
+carefully considered the subject, I have been unable to perceive any
+reason for changing the opinions which have already been communicated to
+Congress. I find, on the contrary, that there are many objections to the
+proposed legislation of which I was not at that time aware, and that
+while several of those which I then assigned have in the interval gained
+in strength, yet others have been created by the altered character of
+the measures now submitted.
+
+The constitution under which the State government is proposed to be
+formed very properly contains a provision that all laws in force at the
+time of its adoption and the admission of the State into the Union shall
+continue as if the constitution had not been adopted. Among those laws
+is one absolutely prohibiting negroes and mulattoes from voting. At the
+recent session of the Territorial legislature a bill for the repeal of
+this law, introduced into the council, was almost unanimously rejected;
+and at the very time when Congress was engaged in enacting the bill now
+under consideration the legislature passed an act excluding negroes and
+mulattoes from the right to sit as jurors. This bill was vetoed by the
+governor of the Territory, who held that by the laws of the United
+States negroes and mulattoes are citizens, and subject to the duties, as
+well as entitled to the rights, of citizenship. The bill, however, was
+passed, the objections of the governor to the contrary notwithstanding,
+and is now a law of the Territory. Yet in the bill now before me, by
+which it is proposed to admit the Territory as a State, it is provided
+that "there shall be no denial of the elective franchise or any other
+rights to any person by reason of race or color, excepting Indians not
+taxed."
+
+The incongruity thus exhibited between the legislation of Congress and
+that of the Territory, taken in connection with the protest against the
+admission of the State hereinafter referred to, would seem clearly to
+indicate the impolicy and injustice of the proposed enactment.
+
+It might, indeed, be a subject of grave inquiry, and doubtless will
+result in such inquiry if this bill becomes a law, whether it does not
+attempt to exercise a power not conferred upon Congress by the Federal
+Constitution. That instrument simply declares that Congress may admit
+new States into the Union. It nowhere says that Congress may make new
+States for the purpose of admitting them into the Union or for any other
+purpose; and yet this bill is as clear an attempt to make the
+institutions as any in which the people themselves could engage.
+
+In view of this action of Congress, the house of representatives of the
+Territory have earnestly protested against being forced into the Union
+without first having the question submitted to the people. Nothing could
+be more reasonable than the position which they thus assume; and it
+certainly can not be the purpose of Congress to force upon a community
+against their will a government which they do not believe themselves
+capable of sustaining.
+
+The following is a copy of the protest alluded to as officially
+transmitted to me:
+
+ Whereas it is announced in the public prints that it is the intention
+ of Congress to admit Colorado as a State into the Union: Therefore,
+
+ _Resolved by the house of representatives of the Territory_, That,
+ representing, as we do, the last and only legal expression of public
+ opinion on this question, we earnestly protest against the passage of a
+ law admitting the State without first having the question submitted to
+ a vote of the people, for the reasons, first, that we have a right to a
+ voice in the selection of the character of our government; second, that
+ we have not a sufficient population to support the expenses of a State
+ government. For these reasons we trust that Congress will not force upon
+ us a government against our will.
+
+
+Upon information which I considered reliable, I assumed in my message of
+the 15th of May last that the population of Colorado was not more than
+30,000, and expressed the opinion that this number was entirely too
+small either to assume the responsibilities or to enjoy the privileges
+of a State.
+
+It appears that previous to that time the legislature, with a view
+to ascertain the exact condition of the Territory, had passed a law
+authorizing a census of the population to be taken. The law made it
+the duty of the assessors in the several counties to take the census
+in connection with the annual assessments, and, in order to secure
+a correct enumeration of the population, allowed them a liberal
+compensation for the service by paying them for every name returned,
+and added to their previous oath of office an oath to perform this
+duty with fidelity.
+
+From the accompanying official report it appears that returns have been
+received from fifteen of the eighteen counties into which the State is
+divided, and that their population amounts in the aggregate to 24,909.
+The three remaining counties are estimated to contain 3,000, making a
+total population of 27,909.
+
+This census was taken in the summer season, when it is claimed that the
+population is much larger than at any other period, as in the autumn
+miners in large numbers leave their work and return to the East with the
+results of their summer enterprise.
+
+The population, it will be observed, is but slightly in excess of
+one-fifth of the number required as the basis of representation for a
+single Congressional district in any of the States--the number being
+127,000.
+
+I am unable to perceive any good reason for such great disparity in the
+right of representation, giving, as it would, to the people of Colorado
+not only this vast advantage in the House of Representatives, but an
+equality in the Senate, where the other States are represented by
+millions. With perhaps a single exception, no such inequality as this
+has ever before been attempted. I know that it is claimed that the
+population of the different States at the time of their admission has
+varied at different periods, but it has not varied much more than the
+population of each decade and the corresponding basis of representation
+for the different periods.
+
+The obvious intent of the Constitution was that no State should be
+admitted with a less population than the ratio for a Representative at
+the time of application. The limitation in the second section of the
+first article of the Constitution, declaring that "each State shall have
+at least one Representative," was manifestly designed to protect the
+States which originally composed the Union from being deprived, in
+the event of a waning population, of a voice in the popular branch of
+Congress, and was never intended as a warrant to force a new State into
+the Union with a representative population far below that which might at
+the time be required of sister members of the Confederacy. This bill, in
+view of the prohibition of the same section, which declares that "the
+number of Representatives shall not exceed one for every 30,000," is at
+least a violation of the spirit if not the letter of the Constitution.
+
+It is respectfully submitted that however Congress, under the pressure
+of circumstances, may have admitted two or three States with less than
+a representative population at the time, there has been no instance in
+which an application for admission has ever been entertained when the
+population, as officially ascertained, was below 30,000.
+
+Were there any doubt of this being the true construction of the
+Constitution, it would be dispelled by the early and long-continued
+practice of the Federal Government. For nearly sixty years after the
+adoption of the Constitution no State was admitted with a population
+believed at the time to be less than the current ratio for a
+Representative, and the first instance in which there appears to have
+been a departure from the principle was in 1845, in the case of Florida.
+Obviously the result of sectional strife, we would do well to regard it
+as a warning of evil rather than as an example for imitation; and I
+think candid men of all parties will agree that the inspiring cause of
+the violation of this wholesome principle of restraint is to be found
+in a vain attempt to balance these antagonisms, which refused to be
+reconciled except through the bloody arbitrament of arms. The plain
+facts of our history will attest that the great and leading States
+admitted since 1845, viz, Iowa, Wisconsin, California, Minnesota, and
+Kansas, including Texas, which was admitted that year, have all come
+with an ample population for one Representative, and some of them with
+nearly or quite enough for two.
+
+To demonstrate the correctness of my views on this question, I subjoin
+a table containing a list of the States admitted since the adoption
+of the Federal Constitution, with the date of admission, the ratio of
+representation, and the representative population when admitted, deduced
+from the United States census tables, the calculation being made for the
+period of the decade corresponding with the date of admission.
+
+Colorado, which it is now proposed to admit as a State, contains, as has
+already been stated, a population less than 28,000, while the present
+ratio of representation is 127,000.
+
+There can be no reason that I can perceive for the admission of
+Colorado that would not apply with equal force to nearly every other
+Territory now organized; and I submit whether, if this bill become a
+law, it will be possible to resist the logical conclusion that such
+Territories as Dakota, Montana, and Idaho must be received as States
+whenever they present themselves, without regard to the number of
+inhabitants they may respectively contain. Eight or ten new Senators and
+four or five new members of the House of Representatives would thus be
+admitted to represent a population scarcely exceeding that which in any
+other portion of the nation is entitled to but a single member of the
+House of Representatives, while the average for two Senators in the
+Union, as now constituted, is at least 1,000,000 people. It would surely
+be unjust to all other sections of the Union to enter upon a policy with
+regard to the admission of new States which might result in conferring
+such a disproportionate share of influence in the National Legislature
+upon communities which, in pursuance of the wise policy of our fathers,
+should for some years to come be retained under the fostering care
+and protection of the National Government. If it is deemed just and
+expedient now to depart from the settled policy of the nation during
+all its history, and to admit all the Territories to the rights and
+privileges of States, irrespective of their population or fitness
+for such government, it is submitted whether it would not be well to
+devise such measures as will bring the subject before the country for
+consideration and decision. This would seem to be eminently wise,
+because, as has already been stated, if it is right to admit Colorado
+now there is no reason for the exclusion of the other Territories.
+
+It is no answer to these suggestions that an enabling act was passed
+authorizing the people of Colorado to take action on this subject. It is
+well known that that act was passed in consequence of representations
+that the population reached, according to some statements, as high as
+80,000, and to none less than 50,000, and was growing with a rapidity
+which by the time the admission could be consummated would secure a
+population of over 100,000. These representations proved to have been
+wholly fallacious, and in addition the people of the Territory by a
+deliberate vote decided that they would not assume the responsibilities
+of a State government. By that decision they utterly exhausted all power
+that was conferred by the enabling act, and there has been no step taken
+since in relation to the admission that has had the slightest sanction
+or warrant of law.
+
+The proceeding upon which the present application is based was in the
+utter absence of all law in relation to it, and there is no evidence
+that the votes on the question of the formation of a State government
+bear any relation whatever to the sentiment of the Territory. The
+protest of the house of representatives previously quoted is conclusive
+evidence to the contrary.
+
+But if none of these reasons existed against this proposed enactment,
+the bill itself, besides being inconsistent in its provisions in
+conferring power upon a person unknown to the laws and who may never
+have a legal existence, is so framed as to render its execution almost
+impossible. It is, indeed, a question whether it is not in itself a
+nullity. To say the least, it is of exceedingly doubtful propriety to
+confer the power proposed in this bill upon the "governor elect," for as
+by its own terms the constitution is not to take effect until after the
+admission of the State, he in the meantime has no more authority than
+any other private citizen. But even supposing him to be clothed with
+sufficient authority to convene the legislature, what constitutes the
+"State legislature" to which is to be referred the submission of the
+conditions imposed by Congress? Is it a new body to be elected and
+convened by proclamation of the "governor elect," or is it that body
+which met more than a year ago under the provisions of the State
+constitution? By reference to the second section of the schedule and to
+the eighteenth section of the fourth article of the State constitution
+it will be seen that the term of the members of the house of
+representatives and that of one-half of the members of the senate
+expired on the first Monday of the present month. It is clear that if
+there were no intrinsic objections to the bill itself in relation to
+purposes to be accomplished this objection would be fatal, as, it is
+apparent that the provisions of the third section of the bill to admit
+Colorado have reference to a period and a state of facts entirely
+different from the present and affairs as they now exist, and if carried
+into effect must necessarily lead to confusion.
+
+Even if it were settled that the old and not a new body were to act, it
+would be found impracticable to execute the law, because a considerable
+number of the members, as I am informed, have ceased to be residents of
+the Territory, and in the sixty days within which the legislature is to
+be convened after the passage of the act there would not be sufficient
+time to fill the vacancies by new elections, were there any authority
+under which they could be held.
+
+It may not be improper to add that if these proceedings were all regular
+and the result to be obtained were desirable, simple justice to the
+people of the Territory would require a longer period than sixty days
+within which to obtain action on the conditions proposed by the third
+section of the bill. There are, as is well known, large portions of the
+Territory with which there is and can be no general communication, there
+being several counties which from November to May can only be reached by
+persons traveling on foot, while with other regions of the Territory,
+occupied by a large portion of the population, there is very little more
+freedom of access. Thus, if this bill should become a law, it would be
+impracticable to obtain any expression of public sentiment in reference
+to its provisions, with a view to enlighten the legislature, if the old
+body were called together, and, of course, equally impracticable to
+procure the election of a new body. This defect might have been remedied
+by an extension of the time and a submission of the question to the
+people, with a fair opportunity to enable them to express their
+sentiments.
+
+The admission of a new State has generally been regarded as an epoch in
+our history marking the onward progress of the nation; but after the
+most careful and anxious inquiry on the subject I can not perceive that
+the proposed proceeding is in conformity with the policy which from the
+origin of the Government has uniformly prevailed in the admission of new
+States. I therefore return the bill to the Senate without my signature.
+
+ANDREW JOHNSON.
+
+
+ States Admitted. Ratio. Population.
+ Vermont................................... 1791 33,000 92,320
+ Kentucky.................................. 1792 33,000 95,638
+ Tennessee................................. 1796 33,000 73,864
+ Ohio...................................... 1802 33,000 82,443
+ Louisiana................................. 1812 35,000 75,212
+ Indiana................................... 1816 35,000 98,110
+ Mississippi............................... 1817 35,000 53,677
+ Illinois.................................. 1818 35,000 46,274
+ Alabama................................... 1819 35,000 111,150
+ Maine..................................... 1820 35,000 298,335
+ Missouri.................................. 1821 35,000 69,260
+ Arkansas.................................. 1836 47,700 65,175
+ Michigan.................................. 1837 47,700 158,073
+ Florida................................... 1845 70,680 57,951
+ Texas..................................... 1845 70,680 189,327 [17]
+ Iowa...................................... 1846 70,680 132,527
+ Wisconsin................................. 1848 70,680 250,497
+ California................................ 1850 70,680 92,597
+ Oregon.................................... 1858 93,492 44,630
+ Minnesota................................. 1859 93,492 138,909
+ Kansas.................................... 1861 93,492 107,206
+ West Virginia............................. 1862 93,492 349,628
+ Nevada.................................... 1864 127,000 Not known.
+
+
+[Footnote 17: In 1850.]
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the Senate of the United States_:
+
+I return for reconsideration a bill entitled "An act for the admission
+of the State of Nebraska into the Union," which originated in the Senate
+and has received the assent of both Houses of Congress. A bill having in
+view the same object was presented for my approval a few hours prior to
+the adjournment of the last session, but, submitted at a time when there
+was no opportunity for a proper consideration of the subject, I withheld
+my signature and the measure failed to become a law.
+
+It appears by the preamble of this bill that the people of Nebraska,
+availing themselves of the authority conferred upon them by the act
+passed on the 19th day of April, 1864, "have adopted a constitution
+which, upon due examination, is found to conform to the provisions and
+comply with the conditions of said act, and to be republican in its form
+of government, and that they now ask for admission into the Union."
+This proposed law would therefore seem to be based upon the declaration
+contained in the enabling act that upon compliance with its terms the
+people of Nebraska should be admitted into the Union upon an equal
+footing with the original States. Reference to the bill, however, shows
+that while by the first section Congress distinctly accepts, ratifies,
+and confirms the Constitution and State government which the people of
+the Territory have formed for themselves, declares Nebraska to be one
+of the United States of America, and admits her into the Union upon an
+equal footing with the original States in all respects whatsoever, the
+third section provides that this measure "shall not take effect except
+upon the fundamental condition that within the State of Nebraska there
+shall be no denial of the elective franchise, or of any other right,
+to any person by reason of race or color, excepting Indians not
+taxed; and upon the further fundamental condition that the legislature
+of said State, by a solemn public act, shall declare the assent of
+said State to the said fundamental condition, and shall transmit to
+the President of the United States an authentic copy of said act, upon
+receipt whereof the President, by proclamation, shall forthwith announce
+the fact, whereupon said fundamental condition shall be held as a part
+of the organic law of the State; and thereupon, and without any further
+proceeding on the part of Congress, the admission of said State into the
+Union shall be considered as complete." This condition is not mentioned
+in the original enabling act; was not contemplated at the time of its
+passage; was not sought by the people themselves; has not heretofore
+been applied to the inhabitants of any State asking admission, and is in
+direct conflict with the constitution adopted by the people and declared
+in the preamble "to be republican in its form of government," for in
+that instrument the exercise of the elective franchise and the right
+to hold office are expressly limited to white citizens of the United
+States. Congress thus undertakes to authorize and compel the legislature
+to change a constitution which, it is declared in the preamble, has
+received the sanction of the people, and which by this bill is
+"accepted, ratified, and confirmed" by the Congress of the nation.
+
+The first and third sections of the bill exhibit yet further
+incongruity. By the one Nebraska is "admitted into the Union upon an
+equal footing with the original States in all respects whatsoever,"
+while by the other Congress demands as a condition precedent to her
+admission requirements which in our history have never been asked of
+any people when presenting a constitution and State government for the
+acceptance of the lawmaking power. It is expressly declared by the third
+section that the bill "shall not take effect except upon the fundamental
+condition that within the State of Nebraska there shall be no denial of
+the elective franchise, or of any other right, to any person by reason
+of race or color, excepting Indians not taxed." Neither more nor less
+than the assertion of the right of Congress to regulate the elective
+franchise of any State hereafter to be admitted, this condition is in
+clear violation of the Federal Constitution, under the provisions of
+which, from the very foundation of the Government, each State has been
+left free to determine for itself the qualifications necessary for
+the exercise of suffrage within its limits. Without precedent in our
+legislation, it is in marked contrast with those limitations which,
+imposed upon States that from time to time have become members of the
+Union, had for their object the single purpose of preventing any
+infringement of the Constitution of the country.
+
+If Congress is satisfied that Nebraska at the present time possesses
+sufficient population to entitle her to full representation in the
+councils of the nation, and that her people desire an exchange of a
+Territorial for a State government, good faith would seem to demand that
+she should be admitted without further requirements than those expressed
+in the enabling act, with all of which, it is asserted in the preamble,
+her inhabitants have complied. Congress may, under the Constitution,
+admit new States or reject them, but the people of a State can alone
+make or change their organic law and prescribe the qualifications
+requisite for electors. Congress, however, in passing the bill in the
+shape in which it has been submitted for my approval, does not merely
+reject the application of the people of Nebraska for present admission
+as a State into the Union, on the ground that the constitution which
+they have submitted restricts the exercise of the elective franchise to
+the white population, but imposes conditions which, if accepted by the
+legislature, may, without the consent of the people, so change the
+organic law as to make electors of all persons within the State without
+distinction of race or color. In view of this fact, I suggest for the
+consideration of Congress whether it would not be just, expedient, and
+in accordance with the principles of our Government to allow the people,
+by popular vote or through a convention chosen by themselves for that
+purpose, to declare whether or not they will accept the terms upon which
+it is now proposed to admit them into the Union. This course would
+not occasion much greater delay than that which the bill contemplates
+when it requires that the legislature shall be convened within thirty
+days after this measure shall have become a law for the purpose of
+considering and deciding the conditions which it imposes, and gains
+additional force when we consider that the proceedings attending the
+formation of the State constitution were not in conformity with the
+provisions of the enabling act; that in an aggregate vote of 7,776 the
+majority in favor of the constitution did not exceed 100; and that it is
+alleged that, in consequence of frauds, even this result can not be
+received as a fair expression of the wishes of the people. As upon them
+must fall the burdens of a State organization, it is but just that they
+should be permitted to determine for themselves a question which so
+materially affects their interests. Possessing a soil and a climate
+admirably adapted to those industrial pursuits which bring prosperity
+and greatness to a people, with the advantage of a central position
+on the great highway that will soon connect the Atlantic and Pacific
+States, Nebraska is rapidly gaining in numbers and wealth, and may
+within a very brief period claim admission on grounds which will
+challenge and secure universal assent. She can therefore wisely and
+patiently afford to wait. Her population is said to be steadily and
+even rapidly increasing, being now generally conceded as high as 40,000,
+and estimated by some whose judgment is entitled to respect at a still
+greater number. At her present rate of growth she will in a very short
+time have the requisite population for a Representative in Congress,
+and, what is far more important to her own citizens, will have realized
+such an advance in material wealth as will enable the expenses of a
+State government to be borne without oppression to the taxpayer. Of new
+communities it may be said with special force--and it is true of old
+ones--that the inducement to emigrants, other things being equal, is in
+almost the precise ratio of the rate of taxation. The great States of
+the Northwest owe their marvelous prosperity largely to the fact that
+they were continued as Territories until they had growth to be wealthy
+and populous communities.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the Senate of the United States_:
+
+I have carefully examined the bill "to regulate the tenure of certain
+civil offices." The material portion of the bill is contained in the
+first section, and is of the effect following, namely:
+
+ That every person holding any civil office to which he has been
+ appointed, by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled
+ to hold such office until a successor shall have been appointed
+ by the President, with the advice and consent of the Senate, and duly
+ qualified; and that the Secretaries of State, of the Treasury, of War,
+ of the Navy, and of the Interior, the Postmaster-General, and the
+ Attorney-General shall hold their offices respectively for and during
+ the term of the President by whom they may have been appointed and for
+ one month thereafter, subject to removal by and with the advice and
+ consent of the Senate.
+
+
+These provisions are qualified by a reservation in the fourth section,
+"that nothing contained in the bill shall be construed to extend the
+term of any office the duration of which is limited by law." In effect
+the bill provides that the President shall not remove from their places
+any of the civil officers whose terms of service are not limited by law
+without the advice and consent of the Senate of the United States. The
+bill in this respect conflicts, in my judgment, with the Constitution
+of the United States. The question, as Congress is well aware, is by no
+means a new one. That the power of removal is constitutionally vested
+in the President of the United States is a principle which has been not
+more distinctly declared by judicial authority and judicial commentators
+than it has been uniformly practiced upon by the legislative and
+executive departments of the Government. The question arose in the House
+of Representatives so early as the 16th of June, 1789, on the bill for
+establishing an Executive Department denominated "the Department of
+Foreign Affairs." The first clause of the bill, after recapitulating
+the functions of that officer and defining his duties, had these words:
+"To be removable from office by the President of the United States."
+It was moved to strike out these words and the motion was sustained
+with great ability and vigor. It was insisted that the President could
+not constitutionally exercise the power of removal exclusively of the
+Senate; that the Federalist so interpreted the Constitution when arguing
+for its adoption by the several States; that the Constitution had
+nowhere given the President power of removal, either expressly or by
+strong implication, but, on the contrary, had distinctly provided for
+removals from office by impeachment only.
+
+A construction which denied the power of removal by the President was
+further maintained by arguments drawn from the danger of the abuse of
+the power; from the supposed tendency of an exposure of public officers
+to capricious removal to impair the efficiency of the civil service;
+from the alleged injustice and hardship of displacing incumbents
+dependent upon their official stations without sufficient consideration;
+from a supposed want of responsibility on the part of the President, and
+from an imagined defect of guaranties against a vicious President who
+might incline to abuse the power. On the other hand, an exclusive power
+of removal by the President was defended as a true exposition of the
+text of the Constitution. It was maintained that there are certain
+causes for which persons ought to be removed from office without being
+guilty of treason, bribery, or malfeasance, and that the nature of
+things demands that it should be so. "Suppose," it was said, "a man
+becomes insane by the visitation of God and is likely to ruin our
+affairs; are the hands of the Government to be confined from warding off
+the evil? Suppose a person in office not possessing the talents he was
+judged to have at the time of the appointment; is the error not to be
+corrected? Suppose he acquires vicious habits and incurable indolence or
+total neglect of the duties of his office, which shall work mischief to
+the public welfare; is there no way to arrest the threatened danger?
+Suppose he becomes odious and unpopular by reason of the measures he
+pursues--and this he may do without committing any positive offense
+against the law; must he preserve his office in despite of the popular
+will? Suppose him grasping for his own aggrandizement and the elevation
+of his connections by every means short of the treason defined by the
+Constitution, hurrying your affairs to the precipice of destruction,
+endangering your domestic tranquillity, plundering you of the means of
+defense, alienating the affections of your allies and promoting the
+spirit of discord; must the tardy, tedious, desultory road by way of
+impeachment be traveled to overtake the man who, barely confining
+himself within the letter of the law, is employed in drawing off the
+vital principle of the Government? The nature of things, the great
+objects of society, the express objects of the Constitution itself,
+require that this thing should be otherwise. To unite the Senate with
+the President in the exercise of the power," it was said, "would involve
+us in the most serious difficulty. Suppose a discovery of any of those
+events should take place when the Senate is not in session; how is the
+remedy to be applied? The evil could be avoided in no other way than by
+the Senate sitting always." In regard to the danger of the power being
+abused if exercised by one man it was said "that the danger is as great
+with respect to the Senate, who are assembled from various parts of the
+continent, with different impressions and opinions;" "that such a body
+is more likely to misuse the power of removal than the man whom the
+united voice of America calls to the Presidential chair. As the nature
+of government requires the power of removal," it was maintained "that it
+should be exercised in this way by the hand capable of exerting itself
+with effect; and the power must be conferred on the President by the
+Constitution as the executive officer of the Government."
+
+Mr. Madison, whose adverse opinion in the Federalist had been relied
+upon by those who denied the exclusive power, now participated in the
+debate. He declared that he had reviewed his former opinions, and he
+summed up the whole case as follows:
+
+ The Constitution affirms that the executive power is vested in the
+ President. Are there exceptions to this proposition? Yes; there are.
+ The Constitution says that in appointing to office the Senate shall be
+ associated with the President, unless in the case of inferior officers,
+ when the law shall otherwise direct. Have we (that is, Congress) a
+ right to extend this exception? I believe not. If the Constitution has
+ invested all executive power in the President, I venture to assert
+ that the Legislature has no right to diminish or modify his executive
+ authority. The question now resolves itself into this: Is the power of
+ displacing an executive power? I conceive that if any power whatsoever
+ is in the Executive it is the power of appointing, overseeing, and
+ controlling those who execute the laws. If the Constitution had not
+ qualified the power of the President in appointing to office by
+ associating the Senate with him in that business, would it not be clear
+ that he would have the right by virtue of his executive power to make
+ such appointment? Should we be authorized in defiance of that clause
+ in the Constitution, "The executive power shall be vested in the
+ President," to unite the Senate with the President in the appointment
+ to office? I conceive not. If it is admitted that we should not be
+ authorized to do this, I think it may be disputed whether we have a
+ right to associate them in removing persons from office, the one power
+ being as much of an executive nature as the other; and the first one is
+ authorized by being excepted out of the general rule established by the
+ Constitution in these words: "The executive power shall be vested in the
+ President."
+
+
+The question, thus ably and exhaustively argued, was decided by the
+House of Representatives, by a vote of 34 to 20, in favor of the
+principle that the executive power of removal is vested by the
+Constitution in the Executive, and in the Senate by the casting vote
+of the Vice-President.
+
+The question has often been raised in subsequent times of high
+excitement, and the practice of the Government has, nevertheless,
+conformed in all cases to the decision thus early made.
+
+The question was revived during the Administration of President Jackson,
+who made, as is well recollected, a very large number of removals, which
+were made an occasion of close and rigorous scrutiny and remonstrance.
+The subject was long and earnestly debated in the Senate, and the early
+construction of the Constitution was, nevertheless, freely accepted as
+binding and conclusive upon Congress.
+
+The question came before the Supreme Court of the United States in
+January, 1839, _ex parte_ Hennen. It was declared by the court on that
+occasion that the power of removal from office was a subject much
+disputed, and upon which a great diversity of opinion was entertained in
+the early history of the Government. This related, however, to the power
+of the President to remove officers appointed with the concurrence of
+the Senate, and the great question was whether the removal was to be
+by the President alone or with the concurrence of the Senate, both
+constituting the appointing power. No one denied the power of the
+President and Senate jointly to remove where the tenure of the office
+was not fixed by the Constitution, which was a full recognition of the
+principle that the power of removal was incident to the power of
+appointment; but it was very early adopted as a practical construction
+of the Constitution that this power was vested in the President alone,
+and such would appear to have been the legislative construction of the
+Constitution, for in the organization of the three great Departments of
+State, War, and Treasury, in the year 1789, provision was made for the
+appointment of a subordinate officer by the head of the Department, who
+should have charge of the records, books, and papers appertaining to the
+office when the head of the Department should be removed from office
+by the President of the United States. When the Navy Department was
+established, in the year 1798, provision was made for the charge and
+custody of the books, records, and documents of the Department in case
+of vacancy in the office of Secretary by removal or otherwise. It is not
+here said "by removal of the President," as is done with respect to the
+heads of the other Departments, yet there can be no doubt that he holds
+his office with the same tenure as the other Secretaries and is
+removable by the President. The change of phraseology arose, probably,
+from its having become the settled and well-understood construction of
+the Constitution that the power of removal was vested in the President
+alone in such cases, although the appointment of the officer is by the
+President and Senate. (13 Peters, p. 139.)
+
+Our most distinguished and accepted commentators upon the Constitution
+concur in the construction thus early given by Congress, and thus
+sanctioned by the Supreme Court. After a full analysis of the
+Congressional debate to which I have referred, Mr. Justice Story comes
+to this conclusion:
+
+ After a most animated discussion, the vote finally taken in the House
+ of Representatives was affirmative of the power of removal in the
+ President, without any cooperation of the Senate, by the vote of 34
+ members against 20. In the Senate the clause in the bill affirming the
+ power was carried by the casting vote of the Vice-President. That the
+ final decision of this question so made was greatly influenced by the
+ exalted character of the President then in office was asserted at the
+ time and has always been believed; yet the doctrine was opposed as well
+ as supported by the highest talents and patriotism of the country. The
+ public have acquiesced in this decision, and it constitutes, perhaps,
+ the most extraordinary case in the history of the Government of a power
+ conferred by implication on the Executive by the assent of a bare
+ majority of Congress which has not been questioned on many other
+ occasions.
+
+
+The commentator adds:
+
+ Nor is this general acquiescence and silence without a satisfactory
+ explanation.
+
+
+Chancellor Kent's remarks on the subject are as follows:
+
+ On the first organization of the Government it was made a question
+ whether the power of removal in case of officers appointed to hold
+ at pleasure resided nowhere but in the body which appointed, and, of
+ course, whether the consent of the Senate was not requisite to remove.
+ This was the construction given to the Constitution, while it was
+ pending for ratification before the State conventions, by the author of
+ the Federalist. But the construction which was given to the Constitution
+ by Congress, after great consideration and discussion, was different.
+ The words of the act [establishing the Treasury Department] are: "And
+ whenever the same shall be removed from office by the President of
+ the United States, or in any other case of vacancy in the office, the
+ assistant shall act." This amounted to a legislative construction of the
+ Constitution, and it has ever since been acquiesced in and acted upon
+ as a decisive authority in the case. It applies equally to every other
+ officer of the Government appointed by the President, whose term of
+ duration is not specially declared. It is supported by the weighty
+ reason that the subordinate officers in the executive department ought
+ to hold at the pleasure of the head of the department, because he is
+ invested generally with the executive authority, and the participation
+ in that authority by the Senate was an exception to a general principle
+ and ought to be taken strictly. The President is the great responsible
+ officer for the faithful execution of the law, and the power of removal
+ was incidental to that duty, and might often be requisite to fulfill it.
+
+
+Thus has the important question presented by this bill been settled, in
+the language of the late Daniel Webster (who, while dissenting from it,
+admitted that it was settled), by construction, settled by precedent,
+settled by the practice of the Government, and settled by statute. The
+events of the last war furnished a practical confirmation of the wisdom
+of the Constitution as it has hitherto been maintained in many of its
+parts, including that which is now the subject of consideration. When
+the war broke out, rebel enemies, traitors, abettors, and sympathizers
+were found in every Department of the Government, as well in the civil
+service as in the land and naval military service. They were found in
+Congress and among the keepers of the Capitol; in foreign missions; in
+each and all the Executive Departments; in the judicial service; in the
+post-office, and among the agents for conducting Indian affairs. Upon
+probable suspicion they were promptly displaced by my predecessor, so
+far as they held their offices under executive authority, and their
+duties were confided to new and loyal successors. No complaints against
+that power or doubts of its wisdom were entertained in any quarter. I
+sincerely trust and believe that no such civil war is likely to occur
+again. I can not doubt, however, that in whatever form and on whatever
+occasion sedition can raise an effort to hinder or embarrass or defeat
+the legitimate action of this Government, whether by preventing the
+collection of revenue, or disturbing the public peace, or separating the
+States, or betraying the country to a foreign enemy, the power of
+removal from office by the Executive, as it has heretofore existed and
+been practiced, will be found indispensable.
+
+Under these circumstances, as a depositary of the executive authority of
+the nation, I do not feel at liberty to unite with Congress in reversing
+it by giving my approval to the bill. At the early day when this
+question was settled, and, indeed, at the several periods when it has
+subsequently been agitated, the success of the Constitution of the
+United States, as a new and peculiar system of free representative
+government, was held doubtful in other countries, and was even a subject
+of patriotic apprehension among the American people themselves. A trial
+of nearly eighty years, through the vicissitudes of foreign conflicts
+and of civil war, is confidently regarded as having extinguished all
+such doubts and apprehensions for the future. During that eighty years
+the people of the United States have enjoyed a measure of security,
+peace, prosperity, and happiness never surpassed by any nation. It can
+not be doubted that the triumphant success of the Constitution is due
+to the wonderful wisdom with which the functions of government were
+distributed between the three principal departments--the legislative,
+the executive, and the judicial--and to the fidelity with which each
+has confined itself or been confined by the general voice of the nation
+within its peculiar and proper sphere. While a just, proper, and
+watchful jealousy of executive power constantly prevails, as it ought
+ever to prevail, yet it is equally true that an efficient Executive,
+capable, in the language of the oath prescribed to the President, of
+executing the laws and, within the sphere of executive action, of
+preserving, protecting, and defending the Constitution of the United
+States, is an indispensable security for tranquillity at home and peace,
+honor, and safety abroad. Governments have been erected in many
+countries upon our model. If one or many of them have thus far failed in
+fully securing to their people the benefits which we have derived from
+our system, it may be confidently asserted that their misfortune has
+resulted from their unfortunate failure to maintain the integrity of
+each of the three great departments while preserving harmony among
+them all.
+
+Having at an early period accepted the Constitution in regard to the
+Executive office in the sense in which it was interpreted with the
+concurrence of its founders, I have found no sufficient grounds in the
+arguments now opposed to that construction or in any assumed necessity
+of the times for changing those opinions. For these reasons I return
+the bill to the Senate, in which House it originated, for the further
+consideration of Congress which the Constitution prescribes. Insomuch as
+the several parts of the bill which I have not considered are matters
+chiefly of detail and are based altogether upon the theory of the
+Constitution from which I am obliged to dissent, I have not thought
+it necessary to examine them with a view to make them an occasion of
+distinct and special objections.
+
+Experience, I think, has shown that it is the easiest, as it is
+also the most attractive, of studies to frame constitutions for the
+self-government of free states and nations. But I think experience has
+equally shown that it is the most difficult of all political labors to
+preserve and maintain such free constitutions of self-government when
+once happily established. I know no other way in which they can be
+preserved and maintained except by a constant adherence to them through
+the various vicissitudes of national existence, with such adaptations
+as may become necessary, always to be effected, however, through the
+agencies and in the forms prescribed in the original constitutions
+themselves.
+
+Whenever administration fails or seems to fail in securing any of the
+great ends for which republican government is established, the proper
+course seems to be to renew the original spirit and forms of the
+Constitution itself.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the House of Representatives_:
+
+I have examined the bill "to provide for the more efficient government
+of the rebel States" with the care and anxiety which its transcendent
+importance is calculated to awaken. I am unable to give it my assent,
+for reasons so grave that I hope a statement of them may have some
+influence on the minds of the patriotic and enlightened men with whom
+the decision must ultimately rest.
+
+The bill places all the people of the ten States therein named under the
+absolute domination of military rulers; and the preamble undertakes to
+give the reason upon which the measure is based and the ground upon
+which it is justified. It declares that there exists in those States no
+legal governments and no adequate protection for life or property, and
+asserts the necessity of enforcing peace and good order within their
+limits. Is this true as matter of fact?
+
+It is not denied that the States in question have each of them
+an actual government, with all the powers--executive, judicial, and
+legislative--which properly belong to a free state. They are organized
+like the other States of the Union, and, like them, they make,
+administer, and execute the laws which concern their domestic affairs.
+An existing _de facto_ government, exercising such functions as these,
+is itself the law of the state upon all matters within its jurisdiction.
+To pronounce the supreme law-making power of an established state
+illegal is to say that law itself is unlawful.
+
+The provisions which these governments have made for the preservation
+of order, the suppression of crime, and the redress of private injuries
+are in substance and principle the same as those which prevail in the
+Northern States and in other civilized countries. They certainly have
+not succeeded in preventing the commission of all crime, nor has this
+been accomplished anywhere in the world. There, as well as elsewhere,
+offenders sometimes escape for want of vigorous prosecution, and
+occasionally, perhaps, by the inefficiency of courts or the prejudice of
+jurors. It is undoubtedly true that these evils have been much increased
+and aggravated, North and South, by the demoralizing influences of civil
+war and by the rancorous passions which the contest has engendered. But
+that these people are maintaining local governments for themselves which
+habitually defeat the object of all government and render their own
+lives and property insecure is in itself utterly improbable, and the
+averment of the bill to that effect is not supported by any evidence
+which has come to my knowledge. All the information I have on the
+subject convinces me that the masses of the Southern people and those
+who control their public acts, while they entertain diverse opinions
+on questions of Federal policy, are completely united in the effort to
+reorganize their society on the basis of peace and to restore their
+mutual prosperity as rapidly and as completely as their circumstances
+will permit.
+
+The bill, however, would seem to show upon its face that the
+establishment of peace and good order is not its real object. The fifth
+section declares that the preceding sections shall cease to operate in
+any State where certain events shall have happened. These events are,
+first, the selection of delegates to a State convention by an election
+at which negroes shall be allowed to vote; second, the formation of a
+State constitution by the convention so chosen; third, the insertion
+into the State constitution of a provision which will secure the right
+of voting at all elections to negroes and to such white men as may
+not be disfranchised for rebellion or felony; fourth, the submission
+of the constitution for ratification to negroes and white men not
+disfranchised, and its actual ratification by their vote; fifth, the
+submission of the State constitution to Congress for examination and
+approval, and the actual approval of it by that body; sixth, the
+adoption of a certain amendment to the Federal Constitution by a vote
+of the legislature elected under the new constitution; seventh, the
+adoption of said amendment by a sufficient number of other States to
+make it a part of the Constitution of the United States. All these
+conditions must be fulfilled before the people of any of these States
+can be relieved from the bondage of military domination; but when they
+are fulfilled, then immediately the pains and penalties of the bill are
+to cease, no matter whether there be peace and order or not, and without
+any reference to the security of life or property. The excuse given for
+the bill in the preamble is admitted by the bill itself not to be real.
+The military rule which it establishes is plainly to be used, not for
+any purpose of order or for the prevention of crime, but solely as
+a means of coercing the people into the adoption of principles and
+measures to which it is known that they are opposed, and upon which
+they have an undeniable right to exercise their own judgment.
+
+I submit to Congress whether this measure is not in its whole character,
+scope, and object without precedent and without authority, in palpable
+conflict with the plainest provisions of the Constitution, and utterly
+destructive to those great principles of liberty and humanity for which
+our ancestors on both sides of the Atlantic have shed so much blood and
+expended so much treasure.
+
+The ten States named in the bill are divided into five districts.
+For each district an officer of the Army, not below the rank of a
+brigadier-general, is to be appointed to rule over the people; and he
+is to be supported with an efficient military force to enable him to
+perform his duties and enforce his authority. Those duties and that
+authority, as defined by the third section of the bill, are "to protect
+all persons in their rights of person and property, to suppress
+insurrection, disorder, and violence, and to punish or cause to be
+punished all disturbers of the public peace or criminals." The power
+thus given to the commanding officer over all the people of each
+district is that of an absolute monarch. His mere will is to take the
+place of all law. The law of the States is now the only rule applicable
+to the subjects placed under his control, and that is completely
+displaced by the clause which declares all interference of State
+authority to be null and void. He alone is permitted to determine what
+are rights of person or property, and he may protect them in such way as
+in his discretion may seem proper. It places at his free disposal all
+the lands and goods in his district, and he may distribute them without
+let or hindrance to whom he pleases. Being bound by no State law, and
+there being no other law to regulate the subject, he may make a criminal
+code of his own; and he can make it as bloody as any recorded in
+history, or he can reserve the privilege of acting upon the impulse of
+his private passions in each case that arises. He is bound by no rules
+of evidence; there is, indeed, no provision by which he is authorized or
+required to take any evidence at all. Everything is a crime which he
+chooses to call so, and all persons are condemned whom he pronounces to
+be guilty. He is not bound to keep any record or make any report of his
+proceedings. He may arrest his victims wherever he finds them, without
+warrant, accusation, or proof of probable cause. If he gives them a
+trial before he inflicts the punishment, he gives it of his grace and
+mercy, not because he is commanded so to do.
+
+To a casual reader of the bill it might seem that some kind of trial was
+secured by it to persons accused of crime, but such is not the case.
+The officer "may allow local civil tribunals to try offenders," but
+of course this does not require that he shall do so. If any State or
+Federal court presumes to exercise its legal jurisdiction by the trial
+of a malefactor without his special permission, he can break it up and
+punish the judges and jurors as being themselves malefactors. He can
+save his friends from justice, and despoil his enemies contrary to
+justice.
+
+It is also provided that "he shall have power to organize military
+commissions or tribunals:" but this power he is not commanded to
+exercise. It is merely permissive, and is to be used only "when in his
+judgment it may be necessary for the trial of offenders." Even if the
+sentence of a commission were made a prerequisite to the punishment
+of a party, it would be scarcely the slightest check upon the officer,
+who has authority to organize it as he pleases, prescribe its mode of
+proceeding, appoint its members from his own subordinates, and revise
+all its decisions. Instead of mitigating the harshness of his single
+rule, such a tribunal would be used much more probably to divide the
+responsibility of making it more cruel and unjust.
+
+Several provisions dictated by the humanity of Congress have
+been inserted in the bill, apparently to restrain the power of the
+commanding officer; but it seems to me that they are of no avail for
+that purpose. The fourth section provides: First. That trials shall not
+be unnecessarily delayed; but I think I have shown that the power is
+given to punish without trial; and if so, this provision is practically
+inoperative. Second. Cruel or unusual punishment is not to be inflicted;
+but who is to decide what is cruel and what is unusual? The words have
+acquired a legal meaning by long use in the courts. Can it be expected
+that military officers will understand or follow a rule expressed in
+language so purely technical and not pertaining in the least degree
+to their profession? If not, then each officer may define cruelty
+according to his own temper, and if it is not usual he will make it
+usual. Corporal punishment, imprisonment, the gag, the ball and chain,
+and all the almost insupportable forms of torture invented for military
+punishment lie within the range of choice. Third. The sentence of
+a commission is not to be executed without being approved by the
+commander, if it affects life or liberty, and a sentence of death must
+be approved by the President. This applies to cases in which there has
+been a trial and sentence. I take it to be clear, under this bill, that
+the military commander may condemn to death without even the form of a
+trial by a military commission, so that the life of the condemned may
+depend upon the will of two men instead of one.
+
+It is plain that the authority here given to the military officer
+amounts to absolute despotism. But to make it still more unendurable,
+the bill provides that it may be delegated to as many subordinates as he
+chooses to appoint, for it declares that he shall "punish or cause to be
+punished." Such a power has not been wielded by any monarch in England
+for more than five hundred years. In all that time no people who speak
+the English language have borne such servitude. It reduces the whole
+population of the ten States--all persons, of every color, sex, and
+condition, and every stranger within their limits--to the most abject
+and degrading slavery. No master ever had a control so absolute over the
+slaves as this bill gives to the military officers over both white and
+colored persons.
+
+It may be answered to this that the officers of the Army are too
+magnanimous, just, and humane to oppress and trample upon a subjugated
+people. I do not doubt that army officers are as well entitled to this
+kind of confidence as any other class of men. But the history of the
+world has been written in vain if it does not teach us that unrestrained
+authority can never be safely trusted in human hands. It is almost sure
+to be more or less abused under any circumstances, and it has always
+resulted in gross tyranny where the rulers who exercise it are strangers
+to their subjects and come among them as the representatives of a
+distant power, and more especially when the power that sends them is
+unfriendly. Governments closely resembling that here proposed have been
+fairly tried in Hungary and Poland, and the suffering endured by those
+people roused the sympathies of the entire world. It was tried in
+Ireland, and, though tempered at first by principles of English law,
+it gave birth to cruelties so atrocious that they are never recounted
+without just indignation. The French Convention armed its deputies with
+this power and sent them to the southern departments of the Republic.
+The massacres, murders, and other atrocities which they committed show
+what the passions of the ablest men in the most civilized society will
+tempt them to do when wholly unrestrained by law.
+
+The men of our race in every age have struggled to tie up the hands
+of their governments and keep them within the law, because their own
+experience of all mankind taught them that rulers could not be relied
+on to concede those lights which they were not legally bound to respect.
+The head of a great empire has sometimes governed it with a mild and
+paternal sway, but the kindness of an irresponsible deputy never yields
+what the law does not extort from him. Between such a master and the
+people subjected to his domination there can be nothing but enmity; he
+punishes them if they resist his authority, and if they submit to it
+he hates them for their servility.
+
+I come now to a question which is, if possible, still more important.
+Have we the power to establish and carry into execution a measure like
+this? I answer, Certainly not, if we derive our authority from the
+Constitution and if we are bound by the limitations which it imposes.
+
+This proposition is perfectly clear, that no branch of the Federal
+Government--executive, legislative, or judicial--can have any just
+powers except those which it derives through and exercises under the
+organic law of the Union. Outside of the Constitution we have no legal
+authority more than private citizens, and within it we have only so
+much as that instrument gives us. This broad principle limits all our
+functions and applies to all subjects. It protects not only the citizens
+of States which are within the Union, but it shields every human being
+who comes or is brought under our jurisdiction. We have no right to do
+in one place more than in another that which the Constitution says we
+shall not do at all. If, therefore, the Southern States were in truth
+out of the Union, we could not treat their people in a way which the
+fundamental law forbids.
+
+Some persons assume that the success of our arms in crushing the
+opposition which was made in some of the States to the execution of the
+Federal laws reduced those States and all their people--the innocent as
+well as the guilty--to the condition of vassalage and gave us a power
+over them which the Constitution does not bestow or define or limit.
+No fallacy can be more transparent than this. Our victories subjected
+the insurgents to legal obedience, not to the yoke of an arbitrary
+despotism. When an absolute sovereign reduces his rebellious subjects,
+he may deal with them according to his pleasure, because he had that
+power before. But when a limited monarch puts down an insurrection, he
+must still govern according to law. If an insurrection should take place
+in one of our States against the authority of the State government and
+end in the overthrow of those who planned it, would that take away the
+rights of all the people of the counties where it was favored by a part
+or a majority of the population? Could they for such a reason be wholly
+outlawed and deprived of their representation in the legislature? I have
+always contended that the Government of the United States was sovereign
+within its constitutional sphere; that it executed its laws, like
+the States themselves, by applying its coercive power directly to
+individuals, and that it could put down insurrection with the same
+effect as a State and no other. The opposite doctrine is the worst
+heresy of those who advocated secession, and can not be agreed to
+without admitting that heresy to be right.
+
+Invasion, insurrection, rebellion, and domestic violence were
+anticipated when the Government was framed, and the means of repelling
+and suppressing them were wisely provided for in the Constitution; but
+it was not thought necessary to declare that the States in which they
+might occur should be expelled from the Union. Rebellions, which were
+invariably suppressed, occurred prior to that out of which these
+questions grow; but the States continued to exist and the Union remained
+unbroken. In Massachusetts, in Pennsylvania, in Rhode Island, and in New
+York, at different periods in our history, violent and armed opposition
+to the United States was carried on; but the relations of those States
+with the Federal Government were not supposed to be interrupted or
+changed thereby after the rebellious portions of their population were
+defeated and put down. It is true that in these earlier cases there was
+no formal expression of a determination to withdraw from the Union, but
+it is also true that in the Southern States the ordinances of secession
+were treated by all the friends of the Union as mere nullities and are
+now acknowledged to be so by the States themselves. If we admit that
+they had any force or validity or that they did in fact take the States
+in which they were passed out of the Union, we sweep from under our feet
+all the grounds upon which we stand in justifying the use of Federal
+force to maintain the integrity of the Government.
+
+This is a bill passed by Congress in time of peace. There is not
+in any one of the States brought under its operation either war or
+insurrection. The laws of the States and of the Federal Government are
+all in undisturbed and harmonious operation. The courts, State and
+Federal, are open and in the full exercise of their proper authority.
+Over every State comprised in these five military districts, life,
+liberty, and property are secured by State laws and Federal laws, and
+the National Constitution is everywhere in force and everywhere obeyed.
+What, then, is the ground on which this bill proceeds? The title of the
+bill announces that it is intended "for the more efficient government"
+of these ten States. It is recited by way of preamble that no legal
+State governments "nor adequate protection for life or property" exist
+in those States, and that peace and good order should be thus enforced.
+The first thing which arrests attention upon these recitals, which
+prepare the way for martial law, is this, that the only foundation
+upon which martial law can exist under our form of government is not
+stated or so much as pretended. Actual war, foreign invasion, domestic
+insurrection--none of these appear; and none of these, in fact, exist.
+It is not even recited that any sort of war or insurrection is
+threatened. Let us pause here to consider, upon this question of
+constitutional law and the power of Congress, a recent decision of
+the Supreme Court of the United States in _ex parte_ Milligan.
+
+I will first quote from the opinion of the majority of the court:
+
+ Martial law can not arise from a threatened invasion. The necessity
+ must be actual and present, the invasion real, such as effectually
+ closes the courts and deposes the civil administration.
+
+
+We see that martial law comes in only when actual war closes the courts
+and deposes the civil authority; but this bill, in time of peace, makes
+martial law operate as though we were in actual war, and becomes the
+_cause_ instead of the _consequence_ of the abrogation of civil
+authority. One more quotation:
+
+ It follows from what has been said on this subject that there are
+ occasions when martial law can be properly applied. If in foreign
+ invasion or civil war the courts are actually closed, and it is
+ impossible to administer criminal justice according to law, _then_, on
+ the theater of active military operations, where war really prevails,
+ there is a necessity to furnish a substitute for the civil authority
+ thus overthrown, to preserve the safety of the army and society; and as
+ no power is left but the military, it is allowed to govern by martial
+ rule until the laws can have their free course.
+
+
+I now quote from the opinion of the minority of the court, delivered by
+Chief Justice Chase:
+
+ We by no means assert that Congress can establish and apply the laws of
+ war where no war has been declared or exists. Where peace exists, the
+ laws of peace must prevail.
+
+
+This is sufficiently explicit. Peace exists in all the territory to
+which this bill applies. It asserts a power in Congress, in time of
+peace, to set aside the laws of peace and to substitute the laws of war.
+The minority, concurring with the majority, declares that Congress does
+not possess that power. Again, and, if possible, more emphatically, the
+Chief Justice, with remarkable clearness and condensation, sums up the
+whole matter as follows:
+
+ There are under the Constitution three kinds of military
+ jurisdiction--one to be exercised both in peace and war; another to be
+ exercised in time of foreign war without the boundaries of the United
+ States, or in time of rebellion and civil war within States or districts
+ occupied by rebels treated as belligerents; and a third to be exercised
+ in time of invasion or insurrection within the limits of the United
+ States, or during rebellion within the limits of the States maintaining
+ adhesion to the National Government, when the public danger requires its
+ exercise. The first of these may be called jurisdiction under military
+ law, and is found in acts of Congress prescribing rules and articles of
+ war or otherwise providing for the government of the national forces;
+ the second may be distinguished as military government, superseding
+ as far as may be deemed expedient the local law, and exercised by
+ the military commander under the direction of the President, with
+ the express or implied sanction of Congress; while the third may be
+ denominated martial law proper, and is called into action by Congress,
+ or temporarily, when the action of Congress can not be invited, and in
+ the case of justifying or excusing peril, by the President, in times of
+ insurrection or invasion or of civil or foreign war, within districts
+ or localities where ordinary law no longer adequately secures public
+ safety and private rights.
+
+
+It will be observed that of the three kinds of military jurisdiction
+which can be exercised or created under our Constitution there is but
+one that can prevail in time of peace, and that is the code of laws
+enacted by Congress for the government of the national forces. That body
+of military law has no application to the citizen, nor even to the
+citizen soldier enrolled in the militia in time of peace. But this bill
+is not a part of that sort of military law, for that applies only to the
+soldier and not to the citizen, whilst, contrariwise, the military law
+provided by this bill applies only to the citizen and not to the
+soldier.
+
+I need not say to the representatives of the American people that their
+Constitution forbids the exercise of judicial power in any way but
+one--that is, by the ordained and established courts. It is equally well
+known that in all criminal cases a trial by jury is made indispensable
+by the express words of that instrument. I will not enlarge on the
+inestimable value of the right thus secured to every freeman or speak
+of the danger to public liberty in all parts of the country which must
+ensue from a denial of it anywhere or upon any pretense. A very recent
+decision of the Supreme Court has traced the history, vindicated the
+dignity, and made known the value of this great privilege so clearly
+that nothing more is needed. To what extent a violation of it might be
+excused in time of war or public danger may admit of discussion, but we
+are providing now for a time of profound peace, when there is not an
+armed soldier within our borders except those who are in the service
+of the Government. It is in such a condition of things that an act of
+Congress is proposed which, if carried out, would deny a trial by the
+lawful courts and juries to 9,000,000 American citizens and to their
+posterity for an indefinite period. It seems to be scarcely possible
+that anyone should seriously believe this consistent with a Constitution
+which declares in simple, plain, and unambiguous language that all
+persons shall have that right and that no person shall ever in any case
+be deprived of it. The Constitution also forbids the arrest of the
+citizen without judicial warrant, founded on probable cause. This bill
+authorizes an arrest without warrant, at the pleasure of a military
+commander. The Constitution declares that "no person shall be held to
+answer for a capital or otherwise infamous crime unless on presentment
+by a grand jury." This bill holds every person not a soldier answerable
+for all crimes and all charges without any presentment. The Constitution
+declares that "no person shall be deprived of life, liberty, or property
+without due process of law." This bill sets aside all process of law,
+and makes the citizen answerable in his person and property to the
+will of one man, and as to his life to the will of two. Finally, the
+Constitution declares that "the privilege of the writ of _habeas corpus_
+shall not be suspended unless when, in case of rebellion or invasion,
+the public safety may require it;" whereas this bill declares martial
+law (which of itself suspends this great writ) in time of peace, and
+authorizes the military to make the arrest, and gives to the prisoner
+only one privilege, and that is a trial "without unnecessary delay."
+He has no hope of release from custody, except the hope, such as it is,
+of release by acquittal before a military commission.
+
+The United States are bound to guarantee to each State a republican form
+of government. Can it be pretended that this obligation is not palpably
+broken if we carry out a measure like this, which wipes away every
+vestige of republican government in ten States and puts the life,
+property, liberty, and honor of all the people in each of them under
+the domination of a single person clothed with unlimited authority?
+
+The Parliament of England, exercising the omnipotent power which it
+claimed, was accustomed to pass bills of attainder; that is to say, it
+would convict men of treason and other crimes by legislative enactment.
+The person accused had a hearing, sometimes a patient and fair one, but
+generally party prejudice prevailed instead of justice. It often became
+necessary for Parliament to acknowledge its error and reverse its own
+action. The fathers of our country determined that no such thing should
+occur here. They withheld the power from Congress, and thus forbade its
+exercise by that body, and they provided in the Constitution that no
+State should pass any bill of attainder. It is therefore impossible for
+any person in this country to be constitutionally convicted or punished
+for any crime by a legislative proceeding of any sort. Nevertheless,
+here is a bill of attainder against 9,000,000 people at once. It is
+based upon an accusation so vague as to be scarcely intelligible and
+found to be true upon no credible evidence. Not one of the 9,000,000 was
+heard in his own defense. The representatives of the doomed parties were
+excluded from all participation in the trial. The conviction is to be
+followed by the most ignominious punishment ever inflicted on large
+masses of men. It disfranchises them by hundreds of thousands and
+degrades them all, even those who are admitted to be guiltless, from
+the rank of freemen to the condition of slaves.
+
+The purpose and object of the bill--the general intent which pervades it
+from beginning to end--is to change the entire structure and character
+of the State governments and to compel them by force to the adoption of
+organic laws and regulations which they are unwilling to accept if left
+to themselves. The negroes have not asked for the privilege of voting;
+the vast majority of them have no idea what it means. This bill not only
+thrusts it into their hands, but compels them, as well as the whites, to
+use it in a particular way. If they do not form a constitution with
+prescribed articles in it and afterwards elect a legislature which will
+act upon certain measures in a prescribed way, neither blacks nor whites
+can be relieved from the slavery which the bill imposes upon them.
+Without pausing here to consider the policy or impolicy of Africanizing
+the southern part of our territory, I would simply ask the attention of
+Congress to that manifest, well-known, and universally acknowledged rule
+of constitutional law which declares that the Federal Government has no
+jurisdiction, authority, or power to regulate such subjects for any
+State. To force the right of suffrage out of the hands of the white
+people and into the hands of the negroes is an arbitrary violation of
+this principle.
+
+This bill imposes martial law at once, and its operations will begin
+so soon as the general and his troops can be put in place. The dread
+alternative between its harsh rule and compliance with the terms of this
+measure is not suspended, nor are the people afforded any time for free
+deliberation. The bill says to them, take martial law first, _then_
+deliberate. And when they have done all that this measure requires them
+to do other conditions and contingencies over which they have no control
+yet remain to be fulfilled before they can be relieved from martial law.
+Another Congress must first approve the Constitution made in conformity
+with the will of this Congress and must declare these States entitled to
+representation in both Houses. The whole question thus remains open and
+unsettled and must again occupy the attention of Congress; and in the
+meantime the agitation which now prevails will continue to disturb all
+portions of the people.
+
+The bill also denies the legality of the governments of ten of the
+States which participated in the ratification of the amendment to the
+Federal Constitution abolishing slavery forever within the jurisdiction
+of the United States and practically excludes them from the Union. If
+this assumption of the bill be correct, their concurrence can not be
+considered as having been legally given, and the important fact is made
+to appear that the consent of three-fourths of the States--the requisite
+number--has not been constitutionally obtained to the ratification of
+that amendment, thus leaving the question of slavery where it stood
+before the amendment was officially declared to have become a part of
+the Constitution.
+
+That the measure proposed by this bill does violate the Constitution
+in the particulars mentioned and in many other ways which I forbear
+to enumerate is too clear to admit of the least doubt. It only remains
+to consider whether the injunctions of that instrument ought to be
+obeyed or not. I think they ought to be obeyed, for reasons which I will
+proceed to give as briefly as possible.
+
+In the first place, it is the only system of free government which we
+can hope to have as a nation. When it ceases to be the rule of our
+conduct, we may perhaps take our choice between complete anarchy, a
+consolidated despotism, and a total dissolution of the Union; but
+national liberty regulated by law will have passed beyond our reach.
+
+It is the best frame of government the world ever saw. No other is or
+can be so well adapted to the genius, habits, or wants of the American
+people. Combining the strength of a great empire with unspeakable
+blessings of local self-government, having a central power to defend the
+general interests, and recognizing the authority of the States as the
+guardians of industrial rights, it is "the sheet anchor of our safety
+abroad and our peace at home." It was ordained "to form a more perfect
+union, establish justice, insure domestic tranquillity, promote the
+general welfare, provide for the common defense, and secure the
+blessings of liberty to ourselves and to our posterity." These great
+ends have been attained heretofore, and will be again by faithful
+obedience to it; but they are certain to be lost if we treat with
+disregard its sacred obligations.
+
+It was to punish the gross crime of defying the Constitution and to
+vindicate its supreme authority that we carried on a bloody war of four
+years' duration. Shall we now acknowledge that we sacrificed a million
+of lives and expended billions of treasure to enforce a Constitution
+which is not worthy of respect and preservation?
+
+Those who advocated the right of secession alleged in their own
+justification that we had no regard for law and that their rights of
+property, life, and liberty would not be safe under the Constitution as
+administered by us. If we now verify their assertion, we prove that they
+were in truth and in fact fighting for their liberty, and instead of
+branding their leaders with the dishonoring name of traitors against a
+righteous and legal government we elevate them in history to the rank
+of self-sacrificing patriots, consecrate them to the admiration of the
+world, and place them by the side of Washington, Hampden, and Sidney.
+No; let us leave them to the infamy they deserve, punish them as they
+should be punished, according to law, and take upon ourselves no share
+of the odium which they should bear alone.
+
+It is a part of our public history which can never be forgotten that
+both Houses of Congress, in July, 1861, declared in the form of a solemn
+resolution that the war was and should be carried on for no purpose of
+subjugation, but solely to enforce the Constitution and laws, and that
+when this was yielded by the parties in rebellion the contest should
+cease, with the constitutional rights of the States and of individuals
+unimpaired. This resolution was adopted and sent forth to the world
+unanimously by the Senate and with only two dissenting voices in the
+House. It was accepted by the friends of the Union in the South as well
+as in the North as expressing honestly and truly the object of the war.
+On the faith of it many thousands of persons in both sections gave their
+lives and their fortunes to the cause. To repudiate it now by refusing
+to the States and to the individuals within them the rights which the
+Constitution and laws of the Union would secure to them is a breach of
+our plighted honor for which I can imagine no excuse and to which I
+cannot voluntarily become a party.
+
+The evils which spring from the unsettled state of our Government will
+be acknowledged by all. Commercial intercourse is impeded, capital is in
+constant peril, public securities fluctuate in value, peace itself is
+not secure, and the sense of moral and political duty is impaired. To
+avert these calamities from our country it is imperatively required that
+we should immediately decide upon some course of administration which
+can be steadfastly adhered to. I am thoroughly convinced that any
+settlement or compromise or plan of action which is inconsistent with
+the principles of the Constitution will not only be unavailing, but
+mischievous; that it will but multiply the present evils, instead of
+removing them. The Constitution, in its whole integrity and vigor,
+throughout the length and breadth of the land, is the best of all
+compromises. Besides, our duty does not, in my judgment, leave us a
+choice between that and any other. I believe that it contains the remedy
+that is so much needed, and that if the coordinate branches of the
+Government would unite upon its provisions they would be found broad
+enough and strong enough to sustain in time of peace the nation which
+they bore safely through the ordeal of a protracted civil war. Among the
+most sacred guaranties of that instrument are those which declare that
+"each State shall have at least one Representative," and that "no
+State, without its consent, shall be deprived of its equal suffrage in
+the Senate." Each House is made the "judge of the elections, returns,
+and qualifications of its own members," and may, "with the concurrence
+of two-thirds, expel a member." Thus, as heretofore urged, "in the
+admission of Senators and Representatives from any and all of the
+States there can be no just ground of apprehension that persons who are
+disloyal will be clothed with the powers of legislation, for this could
+not happen when the Constitution and the laws are enforced by a vigilant
+and faithful Congress." "When a Senator or Representative presents his
+certificate of election, he may at once be admitted or rejected; or,
+should there be any question as to his eligibility, his credentials may
+be referred for investigation to the appropriate committee. If admitted
+to a seat, it must be upon evidence satisfactory to the House of which
+he thus becomes a member that he possesses the requisite constitutional
+and legal qualifications. If refused admission as a member for want of
+due allegiance to the Government, and returned to his constituents, they
+are admonished that none but persons loyal to the United States will be
+allowed a voice in the legislative councils of the nation, and the
+political power and moral influence of Congress are thus effectively
+exerted in the interests of loyalty to the Government and fidelity to
+the Union." And is it not far better that the work of restoration should
+be accomplished by simple compliance with the plain requirements of the
+Constitution than by a recourse to measures which in effect destroy the
+States and threaten the subversion of the General Government? All that
+is necessary to settle this simple but important question without
+further agitation or delay is a willingness on the part of all to
+sustain the Constitution and carry its provisions into practical
+operation. If to-morrow either branch of Congress would declare that
+upon the presentation of their credentials members constitutionally
+elected and loyal to the General Government would be admitted to seats
+in Congress, while all others would be excluded and their places remain
+vacant until the selection by the people of loyal and qualified persons,
+and if at the same time assurance were given that this policy would be
+continued until all the States were represented in Congress, it would
+send a thrill of joy throughout the entire land, as indicating the
+inauguration of a system which must speedily bring tranquillity to the
+public mind.
+
+While we are legislating upon subjects which are of great importance to
+the whole people, and which must affect all parts of the country, not
+only during the life of the present generation, but for ages to come, we
+should remember that all men are entitled at least to a hearing in the
+councils which decide upon the destiny of themselves and their children.
+At present ten States are denied representation, and when the Fortieth
+Congress assembles on the 4th day of the present month sixteen States
+will be without a voice in the House of Representatives. This grave
+fact, with the important questions before us, should induce us to pause
+in a course of legislation which, looking solely to the attainment of
+political ends, fails to consider the rights it transgresses, the law
+which it violates, or the institutions which it imperils.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas exequaturs were heretofore issued to the following-named persons
+at the dates mentioned and for the places specified, recognizing them as
+consular officers, respectively, of the Kingdom of Hanover, of the
+Electorate of Hesse, of the Duchy of Nassau, and of the city of
+Frankfort, and declaring them free to exercise and enjoy functions,
+powers, and privileges under the said exequaturs, viz:
+
+ FOR THE KINGDOM OF HANOVER.
+
+ Julius Frederich, consul at Galveston, Tex., July 28, 1848.
+ Otto Frank, consul at San Francisco, Cal., July 9, 1850.
+ Augustus Reichard, consul at New Orleans, La., January 22, 1853.
+ Kauffmann H. Muller, consul at Savannah, Ga., June 28, 1854.
+ G.C. Baurmeister, consul at Charleston, S.C., April 21, 1856.
+ Adolph Gosling, consul-general at New York, November 7, 1859.
+ G.W. Hennings, vice-consul at New York, July 2, 1860.
+ George Papendiek, consul at Boston, November 3, 1863.
+ Francis A. Hoffmann, consul at Chicago, July 26, 1864.
+ Carl C. Schöttler, consul at Philadelphia, Pa., September 23, 1864.
+ A. Rettberg, consul at Cleveland, Ohio, September 27, 1864.
+ A.C. Wilmaus, consul at Milwaukee, Wis., October 7, 1864.
+ Adolph Meier, consul at St. Louis, Mo., October 7, 1864.
+ Theodor Schwartz, consul at Louisville, Ky., October 12, 1864.
+ Carl F. Adae, consul at Cincinnati, Ohio, October 20, 1864.
+ Werner Dresel, consul at Baltimore, Md., July 25, 1866.
+
+ FOR THE ELECTORATE OF HESSE.
+
+ Theodor Wagner, consul at Galveston, Tex., March 7, 1857.
+ Clamor Friedrich Hagedorn, consul at Philadelphia, February 14, 1862.
+ Werner Dresel, consul at Baltimore, Md., September 26, 1864.
+ Friedrich Kuhne, consul at New York, September 30, 1864.
+ Richard Thiele, consul at New Orleans, La., October 18, 1864.
+ Carl Adae, consul at Cincinnati, Ohio, October 20, 1864.
+ Robert Barth, consul at St. Louis, Mo., April 11, 1865.
+ C.F. Mebius, consul at San Francisco, Cal., May 3, 1865.
+
+ FOR THE DUCHY OF NASSAU.
+
+ Wilhelm A. Kobbe, consul-general for the United States at New York,
+ November 19, 1846.
+ Friedrich Wilhelm Freudenthal, consul for Louisiana at New Orleans,
+ January 22, 1852.
+ Franz Moureau, consul for the western half of Texas at New Braunfels,
+ April 6, 1857.
+ Carl C. Finkler, consul for California at San Francisco, May 21, 1864.
+ Ludwig von Baumbach, consul for Wisconsin, September 27, 1864.
+ Otto Cuntz, consul for Massachusetts at Boston, October 7, 1864.
+ Friedrich Kuhne, consul at New York, September 30, 1864.
+ Carl F. Adae, consul for the State of Ohio, October 20, 1864.
+ Robert Barth, consul for Missouri, April 18, 1865.
+
+
+ FOR THE CITY OF FRANKFORT.
+
+ John H. Harjes, consul at Philadelphia, Pa., September 27, 1864.
+ F.A. Reuss, consul at St. Louis, Mo., September 30, 1864.
+ A.C. Wilmanns, consul for Wisconsin at Milwaukee, October 7, 1864.
+ Francis A. Hoffmann, consul for Chicago, Ill., October 12, 1864.
+ Carl F. Adae, consul for Ohio and Indiana, October 20, 1864.
+ Jacob Julius de Neufville, consul in New York, July 3, 1866.
+
+
+And whereas the said countries, namely, the Kingdom of Hanover, the
+Electorate of Hesse, the Duchy of Nassau, and the city of Frankfort,
+have, in consequence of the late war between Prussia and Austria, been
+united to the Crown of Prussia; and
+
+Whereas His Majesty the King of Prussia has requested of the President
+of the United States that the aforesaid exequaturs may, in consequence
+of the before-recited premises, be revoked:
+
+Now, therefore, these presents do declare that the above-named consular
+officers are no longer recognized, and that the exequaturs heretofore
+granted to them are hereby declared to be absolutely null and void from
+this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand at the city of Washington, this 19th day of
+December, A.D. 1866, and of the Independence of the United States
+of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 22d day of March, 1866, having been
+issued to Gerhard Janssen, recognizing him as consul of Oldenburg for
+New York and declaring him free to exercise and enjoy such functions,
+powers, and privileges as are allowed to consuls by the law of nations
+or by the laws of the United States and existing treaty stipulations
+between the Government of Oldenburg and the United States, and the said
+Janssen having refused to appear in the supreme court of the State of
+New York to answer in a suit there pending against himself and others on
+the plea that he is a consular officer of Oldenburg, thus seeking to use
+his official position to defeat the ends of justice, it is deemed
+advisable that the said Gerhard Janssen should no longer be permitted to
+continue in the exercise of said functions, powers, and privileges.
+
+These are therefore to declare that I no longer recognize the said
+Gerhard Janssen as consul of Oldenburg for New York and will not permit
+him to exercise or enjoy any of the functions, powers, or privileges
+allowed to consuls of that nation; and that I do hereby wholly revoke
+and annul the said exequatur heretofore given and do declare the same
+to be absolutely null and void from this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand at Washington, this 26th day of December, A.D. 1866,
+and of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas satisfactory evidence has been received by me from His Imperial
+Majesty the Emperor of France, through the Marquis de Montholon, his
+envoy extraordinary and minister plenipotentiary, that vessels belonging
+to citizens of the United States entering any port of France or of its
+dependencies on or after the 1st day of January, 1867, will not be
+subjected to the payment of higher duties on tonnage than are levied
+upon vessels belonging to citizens of France entering the said ports:
+
+Now, therefore, I, Andrew Johnson, President of the United States
+of America, by virtue of the authority vested in me by an act of
+Congress of the 7th day of January, 1824, entitled "An act concerning
+discriminating duties of tonnage and impost," and by an act in addition
+thereto of the 24th day of May, 1828, do hereby declare and proclaim
+that on and after the said 1st day of January, 1867, so long as vessels
+of the United States shall be admitted to French ports on the terms
+aforesaid, French vessels entering ports of the United States will be
+subject to no higher rates of duty on tonnage than are levied upon
+vessels of the United States in the ports thereof.
+
+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 28th day of December, A.D. 1866,
+and of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas, in virtue of the power conferred by the act of Congress
+approved June 22, 1860, sections 15 and 24 of which act were designed by
+proper provisions to secure the strict neutrality of citizens of the
+United States residing in or visiting the Empires of China and Japan, a
+notification was issued on the 4th of August last by the legation of the
+United States in Japan, through the consulates of the open ports of that
+Empire, requesting American shipmasters not to approach the coasts of
+Suwo and Nagato pending the then contemplated hostilities between the
+Tycoon of Japan and the Daimio of the said Provinces; and
+
+Whereas authentic information having been received by the said legation
+that such hostilities had actually commenced, a regulation in
+furtherance of the aforesaid notification and pursuant to the act
+referred to was issued by the minister resident of the United States in
+Japan forbidding American merchant vessels from stopping or anchoring at
+any port or roadstead in that country except the three opened ports,
+viz, Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or
+forced by stress of weather, as provided by treaty, and giving notice
+that masters of vessels committing a breach of the regulation would
+thereby render themselves liable to prosecution and punishment and also
+to forfeiture of the protection of the United States if the visit to
+such nonopened port or roadstead should either involve a breach of
+treaty or be construed as an act in aid of insurrection or rebellion:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, with a view to prevent acts which might
+injuriously affect the relations existing between the Government of the
+United States and that of Japan, do hereby call public attention to the
+aforesaid notification and regulation, which are hereby sanctioned and
+confirmed.
+
+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 12th day of January, A.D. 1867, and
+of the Independence of the United States the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas by an act of the Congress of the United States of the 24th of
+May, 1828, entitled "An act in addition to an act entitled 'An act
+concerning discriminating duties of tonnage and impost' and to equalize
+the duties on Prussian vessels and their cargoes," it is provided that,
+upon satisfactory evidence being given to the President of the United
+States by the government of any foreign nation that no discriminating
+duties of tonnage or impost are imposed or levied in the ports of the
+said nation upon vessels wholly belonging to citizens of the United
+States or upon the produce, manufactures, or merchandise imported in the
+same from the United States or from any foreign country, the President
+is thereby authorized to issue his proclamation declaring that the
+foreign discriminating duties of tonnage and impost within the United
+States are and shall be suspended and discontinued so far as respects
+the vessels of the said foreign nation and the produce, manufactures, or
+merchandise imported into the United States in the same from the said
+foreign nation or from any other foreign country, the said suspension
+to take effect from the time of such notification being given to the
+President of the United States and to continue so long as the reciprocal
+exemption of vessels belonging to citizens of the United States and
+their cargoes, as aforesaid, shall be continued, and no longer; and
+
+Whereas satisfactory evidence has lately been received by me from
+His Majesty the King of the Hawaiian Islands, through an official
+communication of His Majesty's minister of foreign relations under date
+of the 10th of December, 1866, that no other or higher duties of tonnage
+and impost are imposed or levied in the ports of the Hawaiian Islands
+upon vessels wholly belonging to citizens of the United States and upon
+the produce, manufactures, or merchandise imported in the same from the
+United States and from any foreign country whatever than are levied on
+Hawaiian ships and their cargoes in the same ports under like
+circumstances:
+
+Now, therefore, I, Andrew Johnson, President of the United States of
+America, do hereby declare and proclaim that so much of the several acts
+imposing discriminating duties of tonnage and impost within the United
+States are and shall be suspended and discontinued so far as respects
+the vessels of the Hawaiian Islands and the produce, manufactures,
+and merchandise imported into the United States in the same from the
+dominions of the Hawaiian Islands and from any other foreign country
+whatever, the said suspension to take effect from the said 10th day
+of December and to continue thenceforward so long as the reciprocal
+exemption of the vessels of the United States and the produce,
+manufactures, and merchandise imported into the dominions of the
+Hawaiian Islands in the same, as aforesaid, shall be continued on the
+part of the Government of His Majesty the King of the Hawaiian Islands.
+
+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, the 29th day of January, A.D. 1867, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the Congress of the United States did by an act approved on
+the 19th day of April, 1864, authorize the people of the Territory
+of Nebraska to form a constitution and State government and for the
+admission of such State into the Union on an equal footing with the
+original States upon certain conditions in said act specified; and
+
+Whereas said people did adopt a constitution conforming to the
+provisions and conditions of said act and ask admission into the Union;
+and
+
+Whereas the Congress of the United States did on the 8th and 9th days
+of February, 1867, in mode prescribed by the Constitution, pass a
+further act for the admission of the State of Nebraska into the Union,
+in which last-named act it was provided that it should not take effect
+except upon the fundamental condition that within the State of Nebraska
+there should be no denial of the elective franchise or of any other
+right to any person by reason of race or color, excepting Indians not
+taxed, and upon the further fundamental condition that the legislature
+of said State, by a solemn public act, should declare the assent of
+said State to the said fundamental condition and should transmit to
+the President of the United States an authenticated copy of said act
+of the legislature of said State, upon receipt whereof the President,
+by proclamation, should forthwith announce the fact, whereupon said
+fundamental condition should be held as a part of the organic law of
+the State, and thereupon, and without any further proceeding on the
+part of Congress, the admission of said State into the Union should
+be considered as complete; and
+
+Whereas within the time prescribed by said act of Congress of the 8th
+and 9th of February, 1867, the legislature of the State of Nebraska did
+pass an act ratifying the said act of Congress of the 8th and 9th of
+February, 1867, and declaring that the aforenamed provisions of the
+third section of said last-named act of Congress should be a part of
+the organic law of the State of Nebraska; and
+
+Whereas a duly authenticated copy of said act of the legislature of the
+State of Nebraska has been received by me:
+
+Now, therefore, I, Andrew Johnson, President of the United States of
+America, do, in accordance with the provisions of the act of Congress
+last herein named, declare and proclaim the fact that the fundamental
+conditions imposed by Congress on the State of Nebraska to entitle that
+State to admission to the Union have been ratified and accepted and that
+the admission of the said State into the Union is now complete.
+
+In testimony whereof I have hereto set my hand and have caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 1st day of March, A.D. 1867, and of
+the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+[Note.--The Fortieth Congress, first session, met March 4, 1867,
+in accordance with the act of January 22, 1867, and on March 30, in
+accordance with the concurrent resolution of March 29, adjourned to
+July 3. The Senate met in special session April 1, in conformity to the
+proclamation of the President of the United States of March 30, and on
+April 20 adjourned without day. The Fortieth Congress, first session,
+again met July 3, and on July 20, in accordance with the concurrent
+resolution of the latter date, adjourned to November 21; again met
+November 21, and on December 2, 1867, in accordance with the concurrent
+resolution of November 26, adjourned without day.]
+
+
+
+
+SPECIAL MESSAGES.
+
+
+MARCH 11, 1867.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 28th of
+July last, a report from the Secretary of State, with accompanying
+documents.[18]
+
+ANDREW JOHNSON.
+
+[Footnote 18: Correspondence since March 4, 1857, touching the claim to
+military service asserted by France and Prussia in reference to persons
+born in those countries, but who have since become citizens of the
+United States.]
+
+
+
+WASHINGTON CITY, _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded this day between the United States and the chiefs and
+headmen of the Kickapoo tribe of Indians.
+
+A letter of the Secretary of the Interior and a copy of a letter of the
+Commissioner of Indian Affairs, explanatory of said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in this city on the 15th instant [ultimo] between the
+United States and the Stockbridge and Munsee tribes of Indians.
+
+A letter of the Secretary of the Interior of the 25th instant [ultimo]
+and a copy of a communication from the Commissioner of Indian Affairs of
+the 19th instant [ultimo], explanatory of the said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in this city on the 23d instant [ultimo] between the
+United States and the following tribes of Indians, viz: The Senecas,
+the confederated Senecas and Shawnees, the Quapaws, the Ottawas, the
+confederated Peorias, Kaskaskias, Weas and Piankeshaws, and the Miamis.
+
+A letter of the Secretary of the Interior of the 26th instant [ultimo]
+and a copy of a letter of the Commissioner of Indian Affairs of the 25th
+instant [ultimo], explanatory of said treaty, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 2d March, 1866, between the United States and
+the Shawnee tribe of Indians of Kansas.
+
+A letter of the Secretary of the Interior of the 6th instant and a copy
+of a communication from the Commissioner of Indian Affairs of the 2d
+instant, explanatory of the said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 27th instant [ultimo] between the United
+States and the Pottawatomie tribe of Indians.
+
+A letter of the Secretary of the Interior of the 28th instant [ultimo]
+and a copy of a communication from the Commissioner of Indian Affairs of
+the 27th instant [ultimo], explanatory of the said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon
+a treaty concluded in this city on the 13th instant [ultimo] between the
+United States and the Kansas or Kaw tribe of Indians.
+
+A letter of the Secretary of the Interior of the 25th instant [ultimo]
+and a copy of a communication of the 19th instant [ultimo] from the
+Commissioner of Indian Affairs, explanatory of said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty this day concluded between the United States and the Cherokee
+Nation of Indians, providing for the sale of their lands in Kansas,
+known as the "Cherokee neutral lands."
+
+A letter of the Secretary of the Interior and accompanying copy of a
+letter from the Commissioner of Indian Affairs of this date, in relation
+to the treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 14, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, in further
+answer to the resolution[19] of the House of Representatives of the 24th
+of January last.
+
+ANDREW JOHNSON.
+
+[Footnote 19: Requesting information "in relation to a removal of the
+Protestant Church or religious assembly meeting at the American embassy
+from the city of Rome by an order of that Government."]
+
+
+
+WASHINGTON, _March 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in further answer to their resolution of the
+31st of January last, a report from the Secretary of State, with
+accompanying documents.[20]
+
+ANDREW JOHNSON.
+
+[Footnote 20: Dispatch from the United States consul at Geneva, with an
+inclosure, refuting charges against his moral character, etc.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their resolution
+of the 18th instant, a report[21] from the Secretary of State, with its
+accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 21: Relating to trials in Canada of citizens of the United
+States for complicity in the Fenian invasion of that country.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 18th instant, a report[22]from the Secretary of State,
+with an accompanying paper.
+
+ANDREW JOHNSON.
+
+[Footnote 22: Relating to the withdrawal of French troops from the
+Mexican Republic.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 15th
+instant, reports[23] from the Secretary of State and the Secretary of
+the Treasury, with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 23: Relating to the fees of consular agents within the
+districts of salaried consuls, etc.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 7th
+instant, relative to the arrest, imprisonment, and treatment of American
+citizens in Great Britain or its Provinces, I transmit a report from the
+Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 21, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 19th of March, 1867, between the United States
+and the Chippewa tribe of Indians of the Mississippi.
+
+A letter of the Secretary of the Interior and a copy of a letter of Hon.
+Lewis V. Bogy, special commissioner, of the 20th instant, explanatory of
+the said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 30, 1867_.
+
+_To the House of Representatives_:
+
+In giving my approval to the joint resolution providing for the expenses
+of carrying into full effect an act entitled "An act to provide for the
+more efficient government of the rebel States," I am moved to do so for
+the following reason: The seventh section of the act supplementary to
+the act for the more efficient government of the rebel States provides
+that the expenses incurred under or by virtue of that act shall be paid
+out of any moneys in the Treasury not otherwise appropriated. This
+provision is wholly unlimited as to the amount to be expended, whereas
+the resolution now before me limits the appropriation to $500,000. I
+consider this limitation as a very necessary check against unlimited
+expenditure and liabilities. Yielding to that consideration, I feel
+bound to approve this resolution, without modifying in any manner any
+objections heretofore stated against the original and supplemental acts.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 30, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty between the United States and His Majesty the
+Emperor of all the Russias upon the subject of a cession of territory by
+the latter to the former, which treaty was this day signed in this city
+by the plenipotentiaries of the parties.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas objects of interest to the United States require that the Senate
+should be convened at 12 o'clock on Monday, the 1st day of April next,
+to receive and act upon such communications as may be made to it on the
+part of the Executive.
+
+Now, therefore, I, Andrew Johnson, President of the United States, have
+considered it to be my duty to issue this my proclamation, declaring
+that an extraordinary occasion requires the Senate of the United States
+to convene for the transaction of business at the Capitol, in the city
+of Washington, on Monday, the 1st day of April next, at 12 o'clock on
+that day, of which all who shall at that time be entitled to act as
+members of that body are hereby required to take notice.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 30th day of March, A.D. 1867, and of the Independence of the United
+States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+SPECIAL MESSAGES.
+
+[The following messages were sent to the special session of the Senate.]
+
+
+WASHINGTON, _March 28, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 20th
+instant, a report[24] from the Secretary of State, with accompanying
+documents.
+
+ANDREW JOHNSON.
+
+[Footnote 24: Relating to the exequatur of the consul of the Grand Duchy
+of Oldenburg residing at New York.]
+
+
+
+WASHINGTON, _April 12, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 10th
+instant, calling for information relative to prisoners of war taken by
+belligerents in the Mexican Republic, a report from the Secretary of
+State, with accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th of January
+last, requesting certain information in regard to governors,
+secretaries, and judges of Territories, I transmit herewith reports[25]
+from the Secretary of State, the Secretary of the Interior, and the
+Attorney-General.
+
+ANDREW JOHNSON.
+
+[Footnote 25: Relating to the absence of Territorial officers from their
+posts of duty.]
+
+
+
+WASHINGTON, _April 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 13th
+instant, a report[26] from the Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 26: Relating to the absence of Governor Alexander Cumming from
+the Territory of Colorado since his appointment as governor.]
+
+
+
+WASHINGTON, _April 16, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, in answer to the resolution of the Senate of the 11th
+instant, requesting "copies of any official opinions which may have been
+given by the Attorney-General, the Solicitor of the Treasury, or by any
+other officer of the Government on the interpretation of the act of
+Congress regulating the tenure of office, and especially with regard to
+appointments by the President during the recess of Congress."
+
+ANDREW JOHNSON.
+
+
+
+[The following messages were sent to the Fortieth Congress, first session.]
+
+
+WASHINGTON, _July 5, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for commercial reciprocity between the
+United States and His Majesty the King of the Hawaiian Islands, which
+convention was signed by the plenipotentiaries of the parties in the
+city of San Francisco on the 21st day of May last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 5, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a convention between the United States
+and the Republic of Venezuela for the adjustment of claims of citizens
+of the United States on the Government of that Republic. The
+ratifications of this convention were exchanged at Caracas on the 10th
+of April last. As its first article stipulates that the commissioners
+shall meet in that city within four months from that date, the
+expediency of passing the usual act for the purpose of carrying the
+convention into effect will, of course, engage the attention of
+Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 6, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a treaty between the United States and
+His Majesty the Emperor of all the Russias, the ratifications of which
+were exchanged in this city on the 20th day of June last.
+
+This instrument provides for a cession of territory to the United States
+in consideration of the payment of $7,200,000 in gold. The attention of
+Congress is invited to the subject of an appropriation for this payment,
+and also to that of proper legislation for the occupation and government
+of the territory as a part of the dominion of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 6, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States, Great Britain,
+France, the Netherlands, and Japan, concluded at Yedo on the 25th of
+June, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Attorney-General, additional to
+the reports submitted by him December 31, 1866, and March 2, 1867, in
+reply to a resolution of the House of Representatives of December 10,
+1866, requesting "a list of names of all persons engaged in the late
+rebellion against the United States Government who have been pardoned by
+the President from April 15, 1865, to this date; that said list shall
+also state the rank of each person who has been so pardoned, if he has
+been engaged in the military service of the so-called Confederate
+government, and the position if he shall have held any civil office
+under said so-called Confederate government; and shall also further
+state whether such person has at any time prior to April 14, 1861, held
+any office under the United States Government, and, if so, what office,
+together with the reasons for granting such pardon, and also the names
+of the person or persons at whose solicitation such pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 9, 1867_.
+
+_To the House of Representatives_
+
+In compliance with the resolution of the House of Representatives of the
+5th of July, requesting the President "to inform the House what States
+have ratified the amendment to the Constitution of the United States
+proposed by concurrent resolution of the two Houses of Congress, June
+16, 1866," I transmit a report from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with so much of the resolution of the House of
+Representatives of the 8th instant as requests information in regard to
+certain agreements said to have been entered into between the United
+States, European and West Virginia Land and Mining Company and certain
+reputed agents of the Republic of Mexico, I transmit a report from the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 11, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+3d instant, requesting me to transmit all the official correspondence
+between the Department of State and the Hon. Lewis D. Campbell, late
+minister to Mexico, and also that with his successor, I communicate a
+report from the Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 12, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 8th instant,
+requesting me to transmit "all the official correspondence between the
+Department of State and the Hon. Lewis D. Campbell, late minister
+of the United States to the Republic of Mexico, from the time of his
+appointment, also the correspondence of the Department with his
+successor," I communicate herewith a report on the subject from the
+Secretary of State, from which it appears that the correspondence
+called for by the Senate has already been communicated to the House
+of Representatives.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the Secretary of War and the
+Attorney-General, containing the information called for by the
+resolution of the Senate of the 3d instant, requesting the President "to
+communicate to the Senate copies of all orders, instructions, circular
+letters, or letters of advice issued to the respective military officers
+assigned to the command of the several military districts under the act
+passed March 2, 1867, entitled 'An act to provide for the more efficient
+government of the rebel States,' and the act supplementary thereto,
+passed March 23, 1867; also copies of all opinions given to him by the
+Attorney-General of the United States touching the construction and
+interpretation of said acts, and of all correspondence relating to the
+operation, construction, or execution of said acts that may have taken
+place between himself and any of said commanders, or between him and the
+General of the Army, or between the latter and any of said commanders,
+touching the same subjects; also copies of all orders issued by any of
+said commanders in carrying out the provisions of said acts or either of
+them; also that he inform the Senate what progress has been made in the
+matter of registration under said acts, and whether the sum of money
+heretofore appropriated for carrying them out is probably sufficient."
+
+In answer to that portion of the resolution which inquires whether the
+sum of money heretofore appropriated for carrying these acts into effect
+is probably sufficient, reference is made to the accompanying report
+of the Secretary of War. It will be seen from that report that the
+appropriation of $500,000 made in the act approved March 30, 1867, for
+the purpose of carrying into effect the "Act to provide for the more
+efficient government of the rebel States," passed March 2, 1867, and the
+act supplementary thereto, passed March 23, 1867, has already been
+expended by the commanders of the several military districts, and that,
+in addition, the sum of $1,648,277 is required for present purposes.
+
+It is exceedingly difficult at the present time to estimate the probable
+expense of carrying into full effect the two acts of March last and the
+bill which passed the two Houses of Congress on the 13th instant. If the
+existing governments of ten States of the Union are to be deposed and
+their entire machinery is to be placed under the exclusive control and
+authority of the respective district commanders, all the expenditures
+incident to the administration of such governments must necessarily be
+incurred by the Federal Government. It is believed that, in addition to
+the $2,100,000 already expended or estimated for, the sum which would
+be required for this purpose would not be less than $14,000,000--the
+aggregate amount expended prior to the rebellion in the administration
+of their respective governments by the ten States embraced in the
+provisions of these acts. This sum would no doubt be considerably
+augmented if the machinery of these States is to be operated by the
+Federal Government, and would be largely increased if the United States,
+by abolishing the existing State governments, should become responsible
+for liabilities incurred by them before the rebellion in laudable
+efforts to develop their resources, and in no wise created for
+insurrectionary or revolutionary purposes. The debts of these States,
+thus legitimately incurred, when accurately ascertained will, it is
+believed, approximate $100,000,000; and they are held not only by our
+own citizens, among whom are residents of portions of the country which
+have ever remained loyal to the Union, but by persons who are the
+subjects of foreign governments. It is worthy the consideration of
+Congress and the country whether, if the Federal Government by its
+action were to assume such obligations, so large an addition to our
+public expenditures would not seriously impair the credit of the nation,
+or, on the other hand, whether the refusal of Congress to guarantee
+the payment of the debts of these States, after having displaced or
+abolished their State governments, would not be viewed as a violation of
+good faith and a repudiation by the national legislature of liabilities
+which these States had justly and legally incurred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 8th instant,
+requesting me to furnish to that body copies of any correspondence on
+the files of the Department of State relating to any recent events in
+Mexico, I communicate a report from the Secretary of State, with the
+papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with that part of the resolution of the House of
+Representatives of the 8th instant which requests me to transmit to
+the House of Representatives any official correspondence or other
+information relating to the capture and execution of Maximilian and
+the arrest and reported execution of Santa Anna in Mexico, I inclose
+herewith a report from the Secretary of State, from which it appears
+that the correspondence called for by the House of Representatives has
+already been communicated to the Senate of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1867_.
+
+_To the House of Representatives_:
+
+I have received a resolution adopted by the House of Representatives
+on the 8th instant, inquiring "whether the publication which appeared
+in the National Intelligencer and other public prints on the 21st of
+June last, and which contained a statement of the proceedings of the
+President and Cabinet in respect to an interpretation of the acts of
+Congress commonly known as the reconstruction acts, was made by the
+authority of the President or with his knowledge and consent," and
+"whether the full and complete record or minute of all the proceedings,
+conclusions, and determinations of the President and Cabinet relating to
+said acts of Congress and their interpretation is embraced or given in
+said publication," and also requesting that "a true copy of the full
+and complete record or minute of such proceedings, conclusions, and
+determinations in regard to the interpretation of said reconstruction
+acts" be furnished to the House.
+
+In compliance with the request of the House of Representatives, I have
+to state that the publication to which the resolution refers was made
+by proper authority, and that it comprises the proceedings in Cabinet
+relating to the acts of Congress mentioned in the inquiry, upon which,
+after taking the opinions of the heads of the several Executive
+Departments of the Government, I had announced my own conclusions. Other
+questions arising from these acts have been under consideration, upon
+which, however, no final conclusion has been reached. No publication in
+reference to them has, therefore, been authorized by me; but should it
+at any time be deemed proper and advantageous to the interests of the
+country to make public those or any other proceedings of the Cabinet,
+authority for their promulgation will be given by the President.
+
+A correct copy of the record of the proceedings, published in the
+National Intelligencer and other newspapers on the 21st ultimo, is
+herewith transmitted, together with a copy of the instructions based
+upon the conclusions of the President and Cabinet and sent to the
+commanders of the several military districts created by act of Congress
+of March 2, 1867.
+
+ANDREW JOHNSON.
+
+
+ IN CABINET, _June 18, 1867_.
+
+ Present: The President, the Secretary of State, the Secretary of
+ the Treasury, the Secretary of War, the Secretary of the Navy, the
+ Postmaster-General, the Attorney-General, the Acting Secretary of
+ the Interior.
+
+ The President announced that he had under consideration the two opinions
+ from the Attorney-General as to the legal questions arising upon the
+ acts of Congress commonly known as the reconstruction acts, and that in
+ view of the great magnitude of the subject and of the various interests
+ involved he deemed it proper to have it considered fully in the Cabinet
+ and to avail himself of all the light which could be afforded by the
+ opinions and advice of the members of the Cabinet, to enable him to see
+ that these laws be faithfully executed and to decide what orders and
+ instructions are necessary and expedient to be given to the military
+ commanders.
+
+ The President said further that the branch of the subject that seemed to
+ him first in order for consideration was as to the instructions to be
+ sent to the military commanders for their guidance and for the guidance
+ of persons offering for registration. The instructions proposed by the
+ Attorney-General, as set forth in the summary contained in his last
+ opinion, will therefore be now considered.
+
+ The summary was then read at length.
+
+ The reading of the summary having been concluded, each section was then
+ considered, discussed, and voted upon as follows:
+
+ 1. The oath prescribed in the supplemental act defines all the
+ qualifications required, and every person who can take that oath is
+ entitled to have his name entered upon the list of voters.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 2. The board of registration have no authority to administer any other
+ oath to the person applying for registration than this prescribed
+ oath, nor to administer any oath to any other person touching the
+ qualifications of the applicant or the falsity of the oath so taken
+ by him.
+
+ No provision is made for challenging the qualifications of the applicant
+ or entering upon any trial or investigation of his qualifications,
+ either by witnesses or any other form of proof.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 3. As to citizenship and residence:
+
+ The applicant for registration must be a citizen of the State and of the
+ United States, and must be a resident of a county or parish included in
+ the election district. He may be registered if he has been such citizen
+ for a period less than twelve months at the time he applies for
+ registration, but he can not vote at any election unless his citizenship
+ has then extended to the full term of one year. As to such a person, the
+ exact length of his citizenship should be noted opposite his name on the
+ list, so that it may appear on the day of election, upon reference to
+ the list, whether the full term has then been accomplished.
+
+ Concurred in unanimously.
+
+ 4. An unnaturalized person can not take this oath, but an alien who has
+ been naturalized can take it, and no other proof of naturalization can
+ be required from him.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 5. No one who is not 21 years of age at the time of registration can
+ take the oath, for he must swear that he has then attained that age.
+
+ Concurred in unanimously.
+
+ 6. No one who has been disfranchised for participation in any rebellion
+ against the United States or for felony committed against the laws of
+ any State or of the United States can take this oath.
+
+ The actual participation in a rebellion or the actual commission of a
+ felony does not amount to disfranchisement. The sort of disfranchisement
+ here meant is that which is declared by law passed by competent
+ authority, or which has been fixed upon the criminal by the sentence of
+ the court which tried him for the crime.
+
+ No law of the United States has declared the penalty of disfranchisement
+ for participation in rebellion alone; nor is it known that any such law
+ exists in either of these ten States, except, perhaps, Virginia, as to
+ which State special instructions will be given.
+
+ All vote "aye" except the Secretary of War, who dissents as to the
+ second and third paragraphs.
+
+ 7. As to disfranchisement arising from having held office followed by
+ participation in rebellion:
+
+ This is the most important part of the oath, and requires strict
+ attention to arrive at its meaning. The applicant must swear or affirm
+ as follows:
+
+ "That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in an
+ insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive or
+ judicial officer of any State, to support the Constitution of the United
+ States, and afterwards engaged in insurrection or rebellion against the
+ United States or given aid or comfort to the enemies thereof."
+
+ Two elements must concur in order to disqualify a person under these
+ clauses: First, the office and official oath to support the Constitution
+ of the United States; second, engaging afterwards in rebellion. Both
+ must exist to work disqualification, and must happen in the order of
+ time mentioned.
+
+ A person who has held an office and taken the oath to support the
+ Federal Constitution and has not afterwards engaged in rebellion is not
+ disqualified. So, too, a person who has engaged in rebellion, but has
+ not theretofore held an office and taken that oath, is not disqualified.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 8. Officers of the United States:
+
+ As to these the language is without limitation. The person who has at
+ any time prior to the rebellion held any office, civil or military,
+ under the United States, and has taken an official oath to support the
+ Constitution of the United States, is subject to disqualification.
+
+ Concurred in unanimously.
+
+ 9. Militia officers of any State prior to the rebellion are not subject
+ to disqualification.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 10. Municipal officers--that is to say, officers of incorporated cities,
+ towns, and villages, such as mayors, aldermen, town council, police, and
+ other city or town officers--are not subject to disqualification.
+
+ Concurred in unanimously.
+
+ 11. Persons who have prior to the rebellion been members of the Congress
+ of the United States or members of a State legislature are subject to
+ disqualification, but those who have been members of conventions framing
+ or amending the constitution of a State prior to the rebellion are not
+ subject to disqualification.
+
+ Concurred in unanimously.
+
+ 12. All the executive or judicial officers of any State who took an
+ oath to support the Constitution of the United States are subject
+ to disqualification, including county officers. They are subject to
+ disqualification if they were required to take as a part of their
+ official oath the oath to support the Constitution of the United States.
+
+ Concurred in unanimously.
+
+ 13. Persons who exercised mere employments under State authority are
+ not disqualified; such as commissioners to lay out roads, commissioners
+ of public works, visitors of State institutions, directors of State
+ institutions, examiners of banks, notaries public, commissioners to
+ take acknowledgments of deeds.
+
+ Concurred in unanimously; but the Secretary of State, the Secretary of
+ the Treasury, and the Secretary of War express the opinion that lawyers
+ are such officers as are disqualified if they participated in the
+ rebellion. Two things must exist as to any person to disqualify him from
+ voting: First, the office held prior to the rebellion, and, afterwards,
+ participation in the rebellion.
+
+ 14. An act to fix upon a person the offense of engaging in rebellion
+ under this law must be an overt and voluntary act, done with the intent
+ of aiding or furthering the common unlawful purpose. A person forced
+ into the rebel service by conscription or under a paramount authority
+ which he could not safely disobey, and who would not have entered such
+ service if left to the free exercise of his own will, can not be held
+ to be disqualified from voting.
+
+ All vote "aye" except the Secretary of War, who votes "nay" as the
+ proposition is stated.
+
+ 15. Mere acts of charity, where the intent is to relieve the wants of
+ the object of such charity, and not done in aid of the cause in which he
+ may have been engaged, do not disqualify; but organized contributions
+ of food and clothing for the general relief of persons engaged in the
+ rebellion, and not of a merely sanitary character, but contributed to
+ enable them to perform their unlawful object, maybe classed with acts
+ which do disqualify. Forced contributions to the rebel cause in the form
+ of taxes or military assessments, which a person was compelled to pay or
+ contribute, do not disqualify; but voluntary contributions to the rebel
+ cause, even such indirect contributions as arise from the voluntary loan
+ of money to the rebel authorities or purchase of bonds or securities
+ created to afford the means of carrying on the rebellion, will work
+ disqualification.
+
+ Concurred in unanimously.
+
+ 16. All those who in legislative or other official capacity were engaged
+ in the furtherance of the common unlawful purpose, where the duties of
+ the office necessarily had relation to the support of the rebellion,
+ such as members of the rebel conventions, congresses, and legislatures,
+ diplomatic agents of the rebel Confederacy, and other officials whose
+ offices were created for the purpose of more effectually carrying on
+ hostilities or whose duties appertained to the support of the rebel
+ cause, must be held to be disqualified; but officers who during the
+ rebellion discharged official duties not incident to war, but only such
+ duties as belong even to a state of peace and were necessary to the
+ preservation of order and the administration of law, are not to be
+ considered as thereby engaging in rebellion or as disqualified. Disloyal
+ sentiments, opinions, or sympathies would not disqualify, but where a
+ person has by speech or writing incited others to engage in rebellion he
+ must come under the disqualification.
+
+ All vote "aye" except the Secretary of War, who dissents to the second
+ paragraph, with the exception of the words "where a person has by speech
+ or by writing incited others to engage in rebellion he must come under
+ the disqualification."
+
+ 17. The duties of the board appointed to superintend the elections.
+
+ This board, having the custody of the list of registered voters in the
+ district for which it is constituted, must see that the name of the
+ person offering to vote is found upon the registration list, and if such
+ proves to be the fact it is the duty of the board to receive his vote if
+ then qualified by residence. They can not receive the vote of any person
+ whose name is not upon the list, though he may be ready to take the
+ registration oath, and although he may satisfy them that he was unable
+ to have his name registered at the proper time, in consequence of
+ absence, sickness, or other cause.
+
+ The board can not enter into any inquiry as to the qualifications of
+ any person whose name is not on the registration list, or as to the
+ qualifications of any person whose name is on that list..
+
+ Concurred in unanimously.
+
+ 18. The mode of voting is provided in the act to be by ballot. The board
+ will keep a record and poll book of the election, showing the votes,
+ list of voters, and the persons elected by a plurality of the votes cast
+ at the election, and make returns of these to the commanding general of
+ the district.
+
+ Concurred in unanimously.
+
+ 19. The board appointed for registration and for superintending the
+ elections must take the oath prescribed by the act of Congress approved
+ July 2, 1862, entitled "An act to prescribe an oath of office."
+
+ Concurred in unanimously.
+
+
+ IN CABINET, _June 20, 1867_.
+
+ Present: The same Cabinet officers as on the 18th, except the Acting
+ Secretary of the Interior.
+
+ The President announced to the Cabinet that after full deliberation he
+ concurred with the majority upon the sections of the summary upon which
+ the Secretary of War expressed his dissent, and that he concurred with
+ the Cabinet upon those sections approved by unanimous vote; that as it
+ appeared the military commanders entertained doubts upon the points
+ covered by the summary, and as their action hitherto had not been
+ uniform, he deemed it proper, without further delay, to communicate in
+ a general order[27] to the respective commanders the points set forth
+ in the summary.
+
+
+[Footnote 27: See Executive order of June 20, 1867, pp. 552-556.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _March 23, 1867_.
+
+_To the House of Representatives_:
+
+I have considered the bill entitled "An act supplementary to an act
+entitled 'An act to provide for the more efficient government of the
+rebel States,' passed March 2, 1867, and to facilitate restoration,"
+and now return it to the House of Representatives with my objections.
+
+This bill provides for elections in the ten States brought under the
+operation of the original act to which it is supplementary. Its details
+are principally directed to the elections for the formation of the State
+constitutions, but by the sixth section of the bill "all elections"
+in these States occurring while the original act remains in force are
+brought within its purview. Referring to these details, it will be found
+that, first of all, there is to be a registration of the voters. No one
+whose name has not been admitted on the list is to be allowed to vote at
+any of these elections. To ascertain who is entitled to registration,
+reference is made necessary, by the express language of the supplement,
+to the original act and to the pending bill. The fifth section of the
+original act provides, as to voters, that they shall be "male citizens
+of the State, 21 years old and upward, of whatever race, color, or
+previous condition, who have been residents of said State for one
+year." This is the general qualification, followed, however, by many
+exceptions. No one can be registered, according to the original act,
+"who may be disfranchised for participation in the rebellion"--a
+provision which left undetermined the question as to what amounted to
+disfranchisement, and whether without a judicial sentence the act
+itself produced that effect. This supplemental bill superadds an oath,
+to be taken by every person before his name can be admitted upon the
+registration, that he has "not been disfranchised for participation in
+any rebellion or civil war against the United States." It thus imposes
+upon every person the necessity and responsibility of deciding for
+himself, under the peril of punishment by a military commission if
+he makes a mistake, what works disfranchisement by participation in
+rebellion and what amounts to such participation. Almost every man--the
+negro as well as the white--above 21 years of age who was resident in
+these ten States during the rebellion, voluntarily or involuntarily, at
+some time and in some way did participate in resistance to the lawful
+authority of the General Government. The question with the citizen to
+whom this oath is to be proposed must be a fearful one, for while the
+bill does not declare that perjury may be assigned for such false
+swearing nor fix any penalty for the offense, we must not forget that
+martial law prevails; that every person is answerable to a military
+commission, without previous presentment by a grand jury, for any charge
+that may be made against him, and that the supreme authority of the
+military commander determines the question as to what is an offense
+and what is to be the measure of punishment.
+
+The fourth section of the bill provides "that the commanding general of
+each district shall appoint as many boards of registration as may be
+necessary, consisting of three loyal officers or persons." The only
+qualification stated for these officers is that they must be "loyal."
+They may be persons in the military service or civilians, residents of
+the State or strangers. Yet these persons are to exercise most important
+duties and are vested with unlimited discretion. They are to decide what
+names shall be placed upon the register and from their decision there is
+to be no appeal. They are to superintend the elections and to decide all
+questions which may arise. They are to have the custody of the ballots
+and to make return of the persons elected. Whatever frauds or errors
+they may commit must pass without redress. All that is left for the
+commanding general is to receive the returns of the elections, open the
+same, and ascertain who are chosen "according to the returns of the
+officers who conducted said elections." By such means and with this
+sort of agency are the conventions of delegates to be constituted.
+
+As the delegates are to speak for the people, common justice would seem
+to require that they should have authority from the people themselves.
+No convention so constituted will in any sense represent the wishes of
+the inhabitants of these States, for under the all-embracing exceptions
+of these laws, by a construction which the uncertainty of the clause as
+to disfranchisement leaves open to the board of officers, the great body
+of the people may be excluded from the polls and from all opportunity of
+expressing their own wishes or voting for delegates who will faithfully
+reflect their sentiments.
+
+I do not deem it necessary further to investigate the details of this
+bill. No consideration could induce me to give my approval to such an
+election law for any purpose, and especially for the great purpose of
+framing the constitution of a State. If ever the American citizen should
+be left to the free exercise of his own judgment it is when he is
+engaged in the work of forming the fundamental law under which he is to
+live. That work is his work, and it can not properly be taken out of his
+hands. All this legislation proceeds upon the contrary assumption that
+the people of each of these States shall have no constitution except
+such as may be arbitrarily dictated by Congress and formed under the
+restraint of military rule. A plain statement of facts makes this
+evident.
+
+In all these States there are existing constitutions, framed in the
+accustomed way by the people. Congress, however, declares that these
+constitutions are not "loyal and republican," and requires the people to
+form them anew. What, then, in the opinion of Congress, is necessary to
+make the constitution of a State "loyal and republican"? The original
+act answers the question: It is universal negro suffrage--a question
+which the Federal Constitution leaves exclusively to the States
+themselves. All this legislative machinery of martial law, military
+coercion, and political disfranchisement is avowedly for that purpose
+and none other. The existing constitutions of the ten States conform to
+the acknowledged standards of loyalty and republicanism. Indeed, if
+there are degrees in republican forms of government, their constitutions
+are more republican now than when these States, four of which were
+members of the original thirteen, first became members of the Union.
+
+Congress does not now demand that a single provision of their
+constitutions be changed except such as confine suffrage to the white
+population. It is apparent, therefore, that these provisions do not
+conform to the standard of republicanism which Congress seeks to
+establish. That there may be no mistake, it is only necessary that
+reference should be made to the original act, which declares "such
+constitution shall provide that the elective franchise shall be enjoyed
+by all such persons as have the qualifications herein stated for
+electors of delegates." What class of persons is here meant clearly
+appears in the same section; that is to say, "the male citizens of said
+State 21 years old and upward, of whatever race, color, or previous
+condition, who have been resident in said State for one year previous
+to the day of such election."
+
+Without these provisions no constitution which can be framed in any one
+of the ten States will be of any avail with Congress. This, then, is the
+test of what the constitution of a State of this Union must contain to
+make it republican. Measured by such a standard, how few of the States
+now composing the Union have republican constitutions! If in the
+exercise of the constitutional guaranty that Congress shall secure to
+every State a republican form of government universal suffrage for
+blacks as well as whites is a _sine qua non_, the work of reconstruction
+may as well begin in Ohio as in Virginia, in Pennsylvania as in North
+Carolina.
+
+When I contemplate the millions of our fellow-citizens of the South
+with no alternative left but to impose upon themselves this fearful
+and untried experiment of complete negro enfranchisement--and white
+disfranchisement, it may be, almost as complete--or submit indefinitely
+to the rigor of martial law, without a single attribute of freemen,
+deprived of all the sacred guaranties of our Federal Constitution, and
+threatened with even worse wrongs, if any worse are possible, it seems
+to me their condition is the most deplorable to which any people can be
+reduced. It is true that they have been engaged in rebellion and that
+their object being a separation of the States and a dissolution of the
+Union there was an obligation resting upon every loyal citizen to treat
+them as enemies and to wage war against their cause.
+
+Inflexibly opposed to any movement imperiling the integrity of the
+Government, I did not hesitate to urge the adoption of all measures
+necessary for the suppression of the insurrection. After a long and
+terrible struggle the efforts of the Government were triumphantly
+successful, and the people of the South, submitting to the stern
+arbitrament, yielded forever the issues of the contest. Hostilities
+terminated soon after it became my duty to assume the responsibilities
+of the chief executive officer of the Republic, and I at once endeavored
+to repress and control the passions which our civil strife had
+engendered, and, no longer regarding these erring millions as enemies,
+again acknowledged them as our friends and our countrymen. The war had
+accomplished its objects. The nation was saved and that seminal
+principle of mischief which from the birth of the Government had
+gradually but inevitably brought on the rebellion was totally
+eradicated. Then, it seemed to me, was the auspicious time to commence
+the work of reconciliation; then, when these people sought once more our
+friendship and protection, I considered it our duty generously to meet
+them in the spirit of charity and forgiveness and to conquer them even
+more effectually by the magnanimity of the nation than by the force of
+its arms. I yet believe that if the policy of reconciliation then
+inaugurated, and which contemplated an early restoration of these people
+to all their political rights, had received the support of Congress,
+every one of these ten States and all their people would at this moment
+be fast anchored in the Union and the great work which gave the war all
+its sanction and made it just and holy would have been accomplished.
+Then over all the vast and fruitful regions of the South peace and its
+blessings would have prevailed, while now millions are deprived of
+rights guaranteed by the Constitution to every citizen and after nearly
+two years of legislation find themselves placed under an absolute
+military despotism. "A military republic, a government founded on mock
+elections and supported only by the sword," was nearly a quarter of a
+century since pronounced by Daniel Webster, when speaking of the South
+American States, as "a movement, indeed, but a retrograde and disastrous
+movement, from the regular and old-fashioned monarchical systems;" and
+he added:
+
+ If men would enjoy the blessings of republican government, they must
+ govern themselves by reason, by mutual counsel and consultation, by a
+ sense and feeling of general interest, and by the acquiescence of the
+ minority in the will of the majority, properly expressed; and, above
+ all, the military must be kept, according to the language of our bill of
+ rights, in strict subordination to the civil authority. Wherever this
+ lesson is not both learned and practiced there can be no political
+ freedom. Absurd, preposterous is it, a scoff and a satire on free forms
+ of constitutional liberty, for frames of government to be prescribed by
+ military leaders and the right of suffrage to be exercised at the point
+ of the sword.
+
+I confidently believe that a time will come when these States will again
+occupy their true positions in the Union. The barriers which now seem so
+obstinate must yield to the force of an enlightened and just public
+opinion, and sooner or later unconstitutional and oppressive legislation
+will be effaced from our statute books. When this shall have been
+consummated, I pray God that the errors of the past may be forgotten and
+that once more we shall be a happy, united, and prosperous people, and
+that at last, after the bitter and eventful experience through which the
+nation has passed, we shall all come to know that our only safety is in
+the preservation of our Federal Constitution and in according to every
+American citizen and to every State the rights which that Constitution
+secures.
+
+ANDREW JOHNSON.
+
+
+WASHINGTON, D.C., _April 10, 1867_.[28]
+
+The first session of the Fortieth Congress adjourned on the 30th day
+of March, 1867. This bill,[29] which was passed during that session,
+was not presented for my approval by the Hon. Edmund G. Ross, of the
+Senate of the United States, and a member of the Committee on Enrolled
+Bills, until Monday, the 1st day of April, 1867, two days after the
+adjournment. It is not believed that the approval of any bill after
+the adjournment of Congress, whether presented before or after such
+adjournment, is authorized by the Constitution of the United States,
+that instrument expressly declaring that no bill shall become a law the
+return of which may have been prevented by the adjournment of Congress.
+To concede that under the Constitution the President, after the
+adjournment of Congress, may, without limitation in respect to time,
+exercise the power of approval, and thus determine at his discretion
+whether or not bills shall become laws, might subject the executive and
+legislative departments of the Government to influences most pernicious
+to correct legislation and sound public morals, and--with a single
+exception, occurring during the prevalence of civil war--would be
+contrary to the established practice of the Government from its
+inauguration to the present time. This bill will therefore be filed
+in the office of the Secretary of State without my approval.
+
+ANDREW JOHNSON.
+
+[Footnote 28: Pocket veto. Was never sent to Congress, but was deposited
+in the Department of State.]
+
+[Footnote 29: Joint resolution placing certain troops of Missouri on an
+equal footing with others as to bounties.]
+
+
+
+WASHINGTON, D.C., _July 19, 1867_.
+
+_To the House of Representatives of the United States_:
+
+I return herewith the bill entitled "An act supplementary to an act
+entitled 'An act to provide for the more efficient government of the
+rebel States,' passed on the 2d day of March, 1867, and the act
+supplementary thereto, passed, on the 23d day of March, 1867," and will
+state as briefly as possible some of the reasons which prevent me from
+giving it my approval.
+
+This is one of a series of measures passed by Congress during the last
+four months on the subject of reconstruction. The message returning the
+act of the 2d of March last states at length my objections to the
+passage of that measure. They apply equally well to the bill now before
+me, and I am content merely to refer to them and to reiterate my
+conviction that they are sound and unanswerable.
+
+There are some points peculiar to this bill, which I will proceed at
+once to consider.
+
+The first section purports to declare "the true intent and meaning,"
+in some particulars, of the two prior acts upon this subject.
+
+It is declared that the intent of those acts was, first, that the
+existing governments in the ten "rebel States" "were not legal State
+governments," and, second, "that thereafter said governments, if
+continued, were to be continued subject in all respects to the military
+commanders of the respective districts and to the paramount authority
+of Congress."
+
+Congress may by a declaratory act fix upon a prior act a
+construction altogether at variance with its apparent meaning, and
+from the time, at least, when such a construction is fixed the original
+act will be construed to mean exactly what it is stated to mean by the
+declaratory statute. There will be, then, from the time this bill may
+become a law no doubt, no question, as to the relation in which the
+"existing governments" in those States, called in the original act "the
+provisional governments," stand toward the military authority. As those
+relations stood before the declaratory act, these "governments," it is
+true, were made subject to absolute military authority in many important
+respects, but not in all, the language of the act being "subject to the
+military authority of the United States, as hereinafter prescribed."
+By the sixth section of the original act these governments were made
+"in all respects subject to the paramount authority of the United
+States."
+
+Now by this declaratory act it appears that Congress did not by the
+original act intend to limit the military authority to any particulars
+or subjects therein "prescribed," but meant to make it universal. Thus
+over all of these ten States this military government is now declared to
+have unlimited authority. It is no longer confined to the preservation
+of the public peace, the administration of criminal law, the
+registration of voters, and the superintendence of elections, but
+"in all respects" is asserted to be paramount to the existing civil
+governments.
+
+It is impossible to conceive any state of society more intolerable than
+this; and yet it is to this condition that 12,000,000 American citizens
+are reduced by the Congress of the United States. Over every foot of the
+immense territory occupied by these American citizens the Constitution
+of the United States is theoretically in full operation. It binds all
+the people there and should protect them; yet they are denied every
+one of its sacred guaranties.
+
+Of what avail will it be to any one of these Southern people when
+seized by a file of soldiers to ask for the cause of arrest or for the
+production of the warrant? Of what avail to ask for the privilege of
+bail when in military custody, which knows no such thing as bail? Of
+what avail to demand a trial by jury, process for witnesses, a copy of
+the indictment, the privilege of counselor that greater privilege, the
+writ of _habeas corpus_?
+
+The veto of the original bill of the 2d of March was based on two
+distinct grounds--the interference of Congress in matters strictly
+appertaining to the reserved powers of the States and the establishment
+of military tribunals for the trial of citizens in time of peace.
+The impartial reader of that message will understand that all that
+it contains with respect to military despotism and martial law has
+reference especially to the fearful power conferred on the district
+commanders to displace the criminal courts and assume jurisdiction to
+try and to punish by military boards; that, potentially, the suspension
+of the _habeas corpus_ was martial law and military despotism. The act
+now before me not only declares that the intent was to confer such
+military authority, but also to confer unlimited military authority over
+all the other courts of the State and over all the officers of the
+State--legislative, executive, and judicial. Not content with the
+general grant of power, Congress, in the second section of this bill,
+specifically gives to each military commander the power "to suspend or
+remove from office, or from the performance of official duties and
+the exercise of official powers, any officer or person holding or
+exercising, or professing to hold or exercise, any civil or military
+office or duty in such district under any power, election, appointment,
+or authority derived from, or granted by, or claimed under any so-called
+State, or the government thereof, or any municipal or other division
+thereof."
+
+A power that hitherto all the departments of the Federal Government,
+acting in concert or separately, have not dared to exercise is here
+attempted to be conferred on a subordinate military officer. To him,
+as a military officer of the Federal Government, is given the power,
+supported by "a sufficient military force," to remove every civil
+officer of the State. What next? The district commander, who has thus
+displaced the civil officer, is authorized to fill the vacancy by the
+detail of an officer or soldier of the Army, or by the appointment of
+"some other person."
+
+This military appointee, whether an officer, a soldier, or "some
+other person," is to perform "the duties of such officer or person so
+suspended or removed." In other words, an officer or soldier of the Army
+is thus transformed into a civil officer. He may be made a governor,
+a legislator, or a judge. However unfit he may deem himself for such
+civil duties, he must obey the order. The officer of the Army must, if
+"detailed," go upon the supreme bench of the State with the same prompt
+obedience as if he were detailed to go upon a court-martial. The
+soldier, if detailed to act as a justice of the peace, must obey as
+quickly as if he were detailed for picket duty.
+
+What is the character of such a military civil officer? This bill
+declares that he shall perform the duties of the civil office to which
+he is detailed. It is clear, however, that he does not lose his position
+in the military service. He is still an officer or soldier of the Army;
+he is still subject to the rules and regulations which govern it, and
+must yield due deference, respect, and obedience toward his superiors.
+
+The clear intent of this section is that the officer or soldier
+detailed to fill a civil office must execute its duties according to the
+laws of the State. If he is appointed a governor of a State, he is to
+execute the duties as provided by the laws of that State, and for the
+time being his military character is to be suspended in his new civil
+capacity. If he is appointed a State treasurer, he must at once assume
+the custody and disbursement of the funds of the State, and must perform
+those duties precisely according to the laws of the State, for he is
+intrusted with no other official duty or other official power. Holding
+the office of treasurer and intrusted with funds, it happens that he is
+required by the State laws to enter into bond with security and to take
+an oath of office; yet from the beginning of the bill to the end there
+is no provision for any bond or oath of office, or for any single
+qualification required under the State law, such as residence,
+citizenship, or anything else. The only oath is that provided for in the
+ninth section, by the terms of which everyone detailed or appointed to
+any civil office in the State is required "to take and to subscribe the
+oath of office prescribed by law for officers of the United States."
+Thus an officer of the Army of the United States detailed to fill a
+civil office in one of these States gives no official bond and takes
+no official oath for the performance of his new duties, but as a civil
+officer of the State only takes the same oath which he had already taken
+as a military officer of the United States. He is, at last, a military
+officer performing civil duties, and the authority under which he acts
+is Federal authority only; and the inevitable result is that the Federal
+Government, by the agency of its own sworn officers, in effect assumes
+the civil government of the State.
+
+A singular contradiction is apparent here. Congress declares these local
+State governments to be illegal governments, and then provides that
+these illegal governments shall be carried on by Federal officers, who
+are to perform the very duties imposed on its own officers by this
+illegal State authority. It certainly would be a novel spectacle if
+Congress should attempt to carry on a _legal_ State government by the
+agency of its own officers. It is yet more strange that Congress
+attempts to sustain and carry on an _illegal_ State government by the
+same Federal agency.
+
+In this connection I must call attention to the tenth and eleventh
+sections of the bill, which provide that none of the officers or
+appointees of these military commanders "shall be bound in his action by
+any opinion of any civil officer of the United States," and that all the
+provisions of the act "shall be construed liberally, to the end that all
+the intents thereof may be fully and perfectly carried out."
+
+It seems Congress supposed that this bill might require construction,
+and they fix, therefore, the rule to be applied. But where is the
+construction to come from? Certainly no one can be more in want of
+instruction than a soldier or an officer of the Army detailed for a
+civil service, perhaps the most important in a State, with the duties of
+which he is altogether unfamiliar. This bill says he shall not be bound
+in his action by the opinion of any civil officer of the United States.
+The duties of the office are altogether civil, but when he asks for an
+opinion he can only ask the opinion of another military officer, who,
+perhaps, understands as little of his duties as he does himself; and as
+to his "action," he is answerable to the military authority, and to the
+military authority alone. Strictly, no opinion of any civil officer
+other than a judge has a binding force.
+
+But these military appointees would not be bound even by a judicial
+opinion. They might very well say, even when their action is in conflict
+with the Supreme Court of the United States, "That court is composed of
+civil officers of the United States, and we are not bound to conform our
+action to any opinion of any such authority."
+
+This bill and the acts to which it is supplementary are all founded upon
+the assumption that these ten communities are not States and that their
+existing governments are not legal. Throughout the legislation upon this
+subject they are called "rebel States," and in this particular bill they
+are denominated "so-called States," and the vice of illegality is
+declared to pervade all of them. The obligations of consistency bind a
+legislative body as well as the individuals who compose it. It is now
+too late to say that these ten political communities are not States of
+this Union. Declarations to the contrary made in these three acts are
+contradicted again and again by repeated acts of legislation enacted by
+Congress from the year 1861 to the year 1867.
+
+During that period, while these States were in actual rebellion, and
+after that rebellion was brought to a close, they have been again and
+again recognized as States of the Union. Representation has been
+apportioned to them as States. They have been divided into judicial
+districts for the holding of district and circuit courts of the United
+States, as States of the Union only can be districted. The last act on
+this subject was passed July 23, 1866, by which every one of these ten
+States was arranged into districts and circuits.
+
+They have been called upon by Congress to act through their legislatures
+upon at least two amendments to the Constitution of the United States.
+As States they have ratified one amendment, which required the vote
+of twenty-seven States of the thirty-six then composing the Union.
+When the requisite twenty-seven votes were given in favor of that
+amendment--seven of which votes were given by seven of these ten
+States--it was proclaimed to be a part of the Constitution of the United
+States, and slavery was declared no longer to exist within the United
+States or any place subject to their jurisdiction. If these seven States
+were not legal States of the Union, it follows as an inevitable
+consequence that in some of the States slavery yet exists. It does not
+exist in these seven States, for they have abolished it also in their
+State constitutions; but Kentucky not having done so, it would still
+remain in that State. But, in truth, if this assumption that these
+States have no legal State governments be true, then the abolition of
+slavery by these illegal governments binds no one, for Congress now
+denies to these States the power to abolish slavery by denying to them
+the power to elect a legal State legislature, or to frame a constitution
+for any purpose, even for such a purpose as the abolition of slavery.
+
+As to the other constitutional amendment, having reference to suffrage,
+it happens that these States have not accepted it. The consequence is
+that it has never been proclaimed or understood, even by Congress, to be
+a part of the Constitution of the United States. The Senate of the
+United States has repeatedly given its sanction to the appointment of
+judges, district attorneys, and marshals for every one of these States;
+yet, if they are not legal States, not one of these judges is authorized
+to hold a court. So, too, both Houses of Congress have passed
+appropriation bills to pay all these judges, attorneys, and officers of
+the United States for exercising their functions in these States. Again,
+in the machinery of the internal-revenue laws all these States are
+districted, not as "Territories," but as "States."
+
+So much for continuous legislative recognition. The instances cited,
+however, fall far short of all that might be enumerated. Executive
+recognition, as is well known, has been frequent and unwavering. The
+same maybe said as to judicial recognition through the Supreme Court of
+the United States. That august tribunal, from first to last, in the
+administration of its duties _in banc_ and upon the circuit, has never
+failed to recognize these ten communities as legal States of the Union.
+The cases depending in that court upon appeal and writ of error from
+these States when the rebellion began have not been dismissed upon any
+idea of the cessation of jurisdiction. They were carefully continued
+from term to term until the rebellion was entirely subdued and peace
+reestablished, and then they were called for argument and consideration
+as if no insurrection had intervened. New cases, occurring since the
+rebellion, have come from these States before that court by writ of
+error and appeal, and even by original suit, where only "a State" can
+bring such a suit. These cases are entertained by that tribunal in the
+exercise of its acknowledged jurisdiction, which could not attach to
+them if they had come from any political body other than a State of the
+Union. Finally, in the allotment of their circuits made by the judges at
+the December term, 1865, every one of these States is put on the same
+footing of legality with all the other States of the Union. Virginia
+and North Carolina, being a part of the fourth circuit, are allotted to
+the Chief Justice. South Carolina, Georgia, Alabama, Mississippi, and
+Florida constitute the fifth circuit, and are allotted to the late Mr.
+Justice Wayne. Louisiana, Arkansas, and Texas are allotted to the sixth
+judicial circuit, as to which there is a vacancy on the bench.
+
+The Chief Justice, in the exercise of his circuit duties, has recently
+held a circuit court in the State of North Carolina. If North Carolina
+is not a State of this Union, the Chief Justice had no authority to hold
+a court there, and every order, judgment, and decree rendered by him in
+that court were _coram non judice_ and void.
+
+Another ground on which these reconstruction acts are attempted to be
+sustained is this: That these ten States are conquered territory; that
+the constitutional relation in which they stood as States toward the
+Federal Government prior to the rebellion has given place to a new
+relation; that their territory is a conquered country and their citizens
+a conquered people, and that in this new relation Congress can govern
+them by military power.
+
+A title by conquest stands on clear ground; it is a new title acquired
+by war; it applies only to territory; for goods or movable things
+regularly captured in war are called "booty," or, if taken by individual
+soldiers, "plunder."
+
+There is not a foot of the land in any one of these ten States which
+the United States holds by conquest, save only such land as did not
+belong to either of these States or to any individual owner. I mean such
+lands as did belong to the pretended government called the Confederate
+States. These lands we may claim to hold by conquest. As to all other
+land or territory, whether belonging to the States or to individuals,
+the Federal Government has now no more title or right to it than
+it had before the rebellion. Our own forts, arsenals, navy-yards,
+custom-houses, and other Federal property situate in those States we
+now hold, not by the title of conquest, but by our old title, acquired
+by purchase or condemnation for public use, with compensation to
+former owners. We have not conquered these places, but have simply
+"repossessed" them.
+
+If we require more sites for forts, custom-houses, or other public use,
+we must acquire the title to them by purchase or appropriation in the
+regular mode. At this moment the United States, in the acquisition of
+sites for national cemeteries in these States, acquires title in the
+same way. The Federal courts sit in court-houses owned or leased by the
+United States, not in the court-houses of the States. The United States
+pays each of these States for the use of its jails. Finally, the United
+States levies its direct taxes and its internal revenue upon the
+property in these States, including the productions of the lands within
+their territorial limits, not by way of levy and contribution in the
+character of a conqueror, but in the regular way of taxation, under the
+same laws which apply to all the other States of the Union.
+
+From first to last, during the rebellion and since, the title of each of
+these States to the lands and public buildings owned by them has never
+been disturbed, and not a foot of it has ever been acquired by the
+United States, even under a title by confiscation, and not a foot of
+it has ever been taxed under Federal law.
+
+In conclusion I must respectfully ask the attention of Congress to the
+consideration of one more question arising under this bill. It vests in
+the military commander, subject only to the approval of the General of
+the Army of the United States, an unlimited power to remove from office
+any civil or military officer in each of these ten States, and the
+further power, subject to the same approval, to detail or appoint any
+military officer or soldier of the United States to perform the duties
+of the officer so removed, and to fill all vacancies occurring in those
+States by death, resignation, or otherwise.
+
+The military appointee thus required to perform the duties of a
+civil office according to the laws of the State, and, as such, required
+to take an oath, is for the time being a civil officer. What is his
+character? Is he a civil officer of the State or a civil officer of the
+United States? If he is a civil officer of the State, where is the
+Federal power under our Constitution which authorizes his appointment by
+any Federal officer? If, however, he is to be considered a civil officer
+of the United States, as his appointment and oath would seem to
+indicate, where is the authority for his appointment vested by the
+Constitution? The power of appointment of all officers of the United
+States, civil or military, where not provided for in the Constitution,
+is vested in the President, by and with the advice and consent of the
+Senate, with this exception, that Congress "may by law vest the
+appointment of such inferior officers as they think proper in the
+President alone, in the courts of law, or in the heads of Departments."
+But this bill, if these are to be considered inferior officers within
+the meaning of the Constitution, does not provide for their appointment
+by the President alone, or by the courts of law, or by the heads of
+Departments, but vests the appointment in one subordinate executive
+officer, subject to the approval of another subordinate executive
+officer. So that, if we put this question and fix the character of this
+military appointee either way, this provision of the bill is equally
+opposed to the Constitution.
+
+Take the case of a soldier or officer appointed to perform the office
+of judge in one of these States, and, as such, to administer the
+proper laws of the State. Where is the authority to be found in the
+Constitution for vesting in a military or an executive officer strict
+judicial functions to be exercised under State law? It has been again
+and again decided by the Supreme Court of the United States that acts
+of Congress which have attempted to vest _executive_ powers in the
+_judicial_ courts or judges of the United States are not warranted by
+the Constitution. If Congress can not clothe _a judge_ with merely
+_executive_ duties, how can they clothe _an officer_ or _soldier_ of the
+Army with _judicial_ duties over citizens of the United States who are
+not in the military or naval service? So, too, it has been repeatedly
+decided that Congress can not require a State officer, executive or
+judicial, to perform any duty enjoined upon him by a law of the United
+States. How, then, can Congress confer power upon an executive officer
+of the United States to perform such duties in a State? If Congress
+could not vest in a judge of one of these States any judicial authority
+under the United States by direct enactment, how can it accomplish the
+same thing indirectly, by removing the State judge and putting an
+officer of the United States in his place?
+
+To me these considerations are conclusive of the unconstitutionality
+of this part of the bill now before me, and I earnestly commend their
+consideration to the deliberate judgment of Congress.
+
+Within a period less than a year the legislation of Congress has
+attempted to strip the executive department of the Government of some
+of its essential powers. The Constitution and the oath provided in it
+devolve upon the President the power and duty to see that the laws are
+faithfully executed. The Constitution, in order to carry out this power,
+gives him the choice of the agents, and makes them subject to his
+control and supervision. But in the execution of these laws the
+constitutional obligation upon the President remains, but the power
+to exercise that constitutional duty is effectually taken away. The
+military commander is as to the power of appointment made to take the
+place of the President, and the General of the Army the place of the
+Senate; and any attempt on the part of the President to assert his own
+constitutional power may, under pretense of law, be met by official
+insubordination. It is to be feared that these military officers,
+looking to the authority given by these laws rather than to the letter
+of the Constitution, will recognize no authority but the commander of
+the district and the General of the Army.
+
+If there were no other objection than this to this proposed legislation,
+it would be sufficient. Whilst I hold the chief executive authority of
+the United States, whilst the obligation rests upon me to see that all
+the laws are faithfully executed, I can never willingly surrender that
+trust or the powers given for its execution. I can never give my assent
+to be made responsible for the faithful execution of laws, and at the
+same time surrender that trust and the powers which accompany it to any
+other executive officer, high or low, or to any number of executive
+officers. If this executive trust, vested by the Constitution in the
+President, is to be taken from him and vested in a subordinate officer,
+the responsibility will be with Congress in clothing the subordinate
+with unconstitutional power and with the officer who assumes its
+exercise.
+
+This interference with the constitutional authority of the executive
+department is an evil that will inevitably sap the foundations of our
+federal system; but it is not the worst evil of this legislation. It is
+a great public wrong to take from the President powers conferred on him
+alone by the Constitution, but the wrong is more flagrant and more
+dangerous when the powers so taken from the President are conferred upon
+subordinate executive officers, and especially upon military officers.
+Over nearly one-third of the States of the Union military power,
+regulated by no fixed law, rules supreme. Each one of the five district
+commanders, though not chosen by the people or responsible to them,
+exercises at this hour more executive power, military and civil, than
+the people have ever been willing to confer upon the head of the
+executive department, though chosen by and responsible to themselves.
+The remedy must come from the people themselves. They know what it is
+and how it is to be applied. At the present time they can not, according
+to the forms of the Constitution, repeal these laws; they can not remove
+or control this military despotism. The remedy is, nevertheless, in
+their hands; it is to be found in the ballot, and is a sure one if
+not controlled by fraud, overawed by arbitrary power, or, from apathy
+on their part, too long delayed. With abiding confidence in their
+patriotism, wisdom, and integrity, I am still hopeful of the future, and
+that in the end the rod of despotism will be broken, the armed heel of
+power lifted from the necks of the people, and the principles of a
+violated Constitution preserved.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 19, 1867_.
+
+_To the House of Representatives_:
+
+For reasons heretofore stated in my several veto messages to Congress
+upon the subject of reconstruction, I return without my approval the
+"Joint resolution to carry into effect the several acts providing for
+the more efficient government of the rebel States," and appropriating
+for that purpose the sum of $1,000,000.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas by the Constitution of the United States the executive power is
+vested in a President of the United States of America, who is bound by
+solemn oath faithfully to execute the office of President and to the
+best of his ability to preserve, protect, and defend the Constitution of
+the United States, and is by the same instrument made Commander in Chief
+of the Army and Navy of the United States and is required to take care
+that the laws be faithfully executed; and
+
+Whereas by the same Constitution it is provided that the said
+Constitution and the laws of the United States which shall be made in
+pursuance thereof shall be the supreme law of the land, and the judges
+in every State shall be bound thereby; and
+
+Whereas in and by the same Constitution the judicial power of the United
+States is vested in one Supreme Court and in such inferior courts as
+Congress may from time to time ordain and establish, and the aforesaid
+judicial power is declared to extend to all cases in law and equity
+arising under the Constitution, the laws of the United States, and the
+treaties which shall be made under their authority; and
+
+Whereas all officers, civil and military, are bound by oath that they
+will support and defend the Constitution against all enemies, foreign
+and domestic, and will bear true faith and allegiance to the same; and
+
+Whereas all officers of the Army and Navy of the United States, in
+accepting their commissions under the laws of Congress and the Rules and
+Articles of War, incur an obligation to observe, obey, and follow such
+directions as they shall from time to time receive from the President or
+the General or other superior officers set over them according to the
+rules and discipline of war; and
+
+Whereas it is provided by law that whenever, by reason of unlawful
+obstructions, combinations, or assemblages of persons or rebellion
+against the authority of the Government of the United States, it shall
+become impracticable, in the judgment of the President of the United
+States, to enforce by the ordinary course of judicial proceedings the
+laws of the United States within any State or Territory, the Executive
+in that case is authorized and required to secure their faithful
+execution by the employment of the land and naval forces; and
+
+Whereas impediments and obstructions, serious in their character, have
+recently been interposed in the States of North Carolina and South
+Carolina, hindering and preventing for a time a proper enforcement there
+of the laws of the United States and of the judgments and decrees of a
+lawful court thereof, in disregard of the command of the President of
+the United States; and
+
+Whereas reasonable and well-founded apprehensions exist that such
+ill-advised and unlawful proceedings may be again attempted there or
+elsewhere:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby warn all persons against obstructing or hindering in any manner
+whatsoever the faithful execution of the Constitution and the laws; and
+I do solemnly enjoin and command all officers of the Government, civil
+and military, to render due submission and obedience to said laws and to
+the judgments and decrees of the courts of the United States, and to
+give all the aid in their power necessary to the prompt enforcement and
+execution of such laws, decrees, judgments, and processes.
+
+And I do hereby enjoin upon the officers of the Army and Navy to assist
+and sustain the courts and other civil authorities of the United States
+in a faithful administration of the laws thereof and in the judgments,
+decrees, mandates, and processes of the courts of the United States; and
+I call upon all good and well-disposed citizens of the United States
+to remember that upon the said Constitution and laws, and upon the
+judgments, decrees, and processes of the courts made in accordance with
+the same, depend the protection of the lives, liberty, property, and
+happiness of the people. And I exhort them everywhere to testify their
+devotion to their country, their pride in its prosperity and greatness,
+and their determination to uphold its free institutions by a hearty
+cooperation in the efforts of the Government to sustain the authority of
+the law, to maintain the supremacy of the Federal Constitution, and to
+preserve unimpaired the integrity of the National Union.
+
+In testimony whereof I have caused the seal of the United States to be
+affixed to these presents and sign the same with my hand.
+
+[SEAL.]
+
+Done at the city of Washington, the 3d day of September, in the year
+1867.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas in the month of July, A.D. 1861, the two Houses of Congress,
+with extraordinary unanimity, solemnly declared that the war then
+existing was not waged on the part of the Government in any spirit of
+oppression nor for any purpose of conquest or subjugation, nor purpose
+of overthrowing or interfering with the rights or established
+institutions of the States, but to defend and maintain the supremacy
+of the Constitution and to preserve the Union, with all the dignity,
+equality, and rights of the several States unimpaired, and that as soon
+as these objects should be accomplished the war ought to cease; and
+
+Whereas the President of the United States, on the 8th day of December,
+A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the
+objects of suppressing the then existing rebellion, of inducing all
+persons to return to their loyalty, and of restoring the authority of
+the United States, issue proclamations offering amnesty and pardon to
+all persons who had, directly or indirectly, participated in the then
+existing rebellion, except as in those proclamations was specified and
+reserved; and
+
+Whereas the President of the United States did on the 29th day of May,
+A.D. 1865, issue a further proclamation, with the same objects before
+mentioned, and to the end that the authority of the Government of the
+United States might be restored and that peace, order, and freedom might
+be established, and the President did by the said last-mentioned
+proclamation proclaim and declare that he thereby granted to all persons
+who had, directly or indirectly, participated in the then existing
+rebellion, except as therein excepted, amnesty and pardon, with
+restoration of all rights of property, except as to slaves, and except
+in certain cases where legal proceedings had been instituted, but upon
+condition that such persons should take and subscribe an oath therein
+prescribed, which oath should be registered for permanent preservation;
+and
+
+Whereas in and by the said last-mentioned proclamation of the 29th
+day of May, A.D. 1865, fourteen extensive classes of persons therein
+specially described were altogether excepted and excluded from the
+benefits thereof; and
+
+Whereas the President of the United States did, on the 2d day of April,
+A.D. 1866, issue a proclamation declaring that the insurrection was at
+an end and was thenceforth to be so regarded; and
+
+Whereas there now exists no organized armed resistance of misguided
+citizens or others to the authority of the United States in the
+States of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the
+laws can be sustained and enforced therein by the proper civil
+authority, State or Federal, and the people of said States are well and
+loyally disposed, and have conformed, or, if permitted to do so, will
+conform in their legislation to the condition of affairs growing out
+of the amendment to the Constitution of the United States prohibiting
+slavery within the limits and jurisdiction of the United States; and
+
+Whereas there no longer exists any reasonable ground to apprehend within
+the States which were involved in the late rebellion any renewal thereof
+or any unlawful resistance by the people of said States to the
+Constitution and laws of the United States; and
+
+Whereas large standing armies, military occupation, martial law,
+military tribunals, and the suspension of the privilege of the writ of
+_habeas corpus_ and the right of trial by jury are in time of peace
+dangerous to public liberty, incompatible with the individual rights of
+the citizen, contrary to the genius and spirit of our free institutions,
+and exhaustive of the national resources, and ought not, therefore,
+to be sanctioned or allowed except in cases of actual necessity for
+repelling invasion or suppressing insurrection or rebellion; and
+
+Whereas a retaliatory or vindictive policy, attended by unnecessary
+disqualifications, pains, penalties, confiscations, and disfranchisements,
+now, as always, could only tend to hinder reconciliation among the people
+and national restoration, while it must seriously embarrass, obstruct,
+and repress popular energies and national industry and enterprise; and
+
+Whereas for these reasons it is now deemed essential to the public
+welfare and to the more perfect restoration of constitutional law and
+order that the said last-mentioned proclamation so as aforesaid issued
+on the 29th day of May, A.D. 1865, should be modified, and that the full
+and beneficent pardon conceded thereby should be opened and further
+extended to a large number of the persons who by its aforesaid
+exceptions have been hitherto excluded from Executive clemency:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby proclaim and declare that the full pardon
+described in the said proclamation of the 29th day of May, A.D. 1865,
+shall henceforth be opened and extended to all persons who, directly or
+indirectly, participated in the late rebellion, with the restoration
+of all privileges, immunities, and rights of property, except as to
+property with regard to slaves, and except in cases of legal proceedings
+under the laws of the United States; but upon this condition,
+nevertheless, that every such person who shall seek to avail himself of
+this proclamation shall take and subscribe the following oath and shall
+cause the same to be registered for permanent preservation in the same
+manner and with the same effect as with the oath prescribed in the said
+proclamation of the 29th day of May, 1865, namely:
+
+ I, ---- ----, do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the late
+ rebellion with reference to the emancipation of slaves. So help me God.
+
+
+The following persons, and no others, are excluded from the benefits of
+this proclamation and of the said proclamation of the 29th day of May,
+1865, namely:
+
+First. The chief or pretended chief executive officers, including the
+President, the Vice-President, and all heads of departments of the
+pretended Confederate or rebel government, and all who were agents
+thereof in foreign states and countries, and all who held or pretended
+to hold in the service of the said pretended Confederate government a
+military rank or title above the grade of brigadier-general or naval
+rank or title above that of captain, and all who were or pretended to be
+governors of States while maintaining, aiding, abetting, or submitting
+to and acquiescing in the rebellion.
+
+Second. All persons who in any way treated otherwise than as lawful
+prisoners of war persons who in any capacity were employed or engaged in
+the military or naval service of the United States.
+
+Third. All persons who at the time they may seek to obtain the benefits
+of this proclamation are actually in civil, military, or naval
+confinement or custody, or legally held to bail, either before or after
+conviction, and all persons who were engaged, directly or indirectly, in
+the assassination of the late President of the United States or in any
+plot or conspiracy in any manner therewith connected.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 7th day of September, A.D. 1867, and
+of the Independence of the United States of America the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas it has been ascertained that in the nineteenth paragraph of
+the proclamation of the President of the United States of the 20th of
+August, 1866, declaring the insurrection at an end which had theretofore
+existed in the State of Texas, the previous proclamation of the 13th of
+June, 1865, instead of that of the 2d day of April, 1866, was referred
+to:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare and proclaim that the said words
+"13th of June, 1865," are to be regarded as erroneous in the paragraph
+adverted to, and that the words "2d day of April, 1866," are to be
+considered as substituted therefor.
+
+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 7th day of October, A.D. 1867, and
+of the Independence of the United States of America the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+In conformity with a recent custom that may now be regarded as
+established on national consent and approval, I, Andrew Johnson,
+President of the United States, do hereby recommend to my
+fellow-citizens that Thursday, the 28th day of November next, be set
+apart and observed throughout the Republic as a day of national
+thanksgiving and praise to the Almighty Ruler of Nations, with whom are
+dominion and fear, who maketh peace in His high places.
+
+Resting and refraining from secular labors on that day, let us
+reverently and devoutly give thanks to our Heavenly Father for the
+mercies and blessings with which He has crowned the now closing year.
+Especially let us remember that He has covered our land through all
+its extent with greatly needed and very abundant harvests; that He has
+caused industry to prosper, not only in our fields, but also in our
+workshops, in our mines, and in our forests. He has permitted us to
+multiply ships upon our lakes and rivers and upon the high seas, and at
+the same time to extend our iron roads so far into the secluded places
+of the continent as to guarantee speedy overland intercourse between
+the two oceans. He has inclined our hearts to turn away from domestic
+contentions and commotions consequent upon a distracting and desolating
+civil war, and to walk more and more in the ancient ways of loyalty,
+conciliation, and brotherly love. He has blessed the peaceful efforts
+with which we have established new and important commercial treaties
+with foreign nations, while we have at the same time strengthened our
+national defenses and greatly enlarged our national borders.
+
+While thus rendering the unanimous and heartfelt tribute of national
+praise and thanksgiving which is so justly due to Almighty God, let us
+not fail to implore Him that the same divine protection and care which
+we have hitherto so undeservedly and yet so constantly enjoyed may be
+continued to our country and our people throughout all their generations
+forever.
+
+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 26th day of October, A.D. 1867, and
+of the Independence of the United States the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+GENERAL ORDERS, No. 10.
+
+HEADQUARTERS OF THE ARMY,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, March 11, 1867_.
+
+ * * * * *
+
+II. In pursuance of the act of Congress entitled "An act to provide for
+the more efficient government of the rebel States," the President
+directs the following assignments to be made:
+
+First District, State of Virginia, to be commanded by Brevet
+Major-General J.M. Schofield. Headquarters, Richmond, Va.
+
+Second District, consisting of North Carolina and South Carolina, to be
+commanded by Major-General D.E. Sickles. Headquarters, Columbia, S.C.
+
+Third District, consisting of the States of Georgia, Florida, and
+Alabama, to be commanded by Major-General G.H. Thomas. Headquarters,
+Montgomery, Ala.
+
+Fourth District, consisting of the States of Mississippi and Arkansas,
+to be commanded by Brevet Major-General E.O.C. Ord. Headquarters,
+Vicksburg, Miss.
+
+Fifth District, consisting of the States of Louisiana and Texas, to be
+commanded by Major-General P.H. Sheridan. Headquarters, New Orleans, La.
+
+The powers of departmental commanders are hereby delegated to the
+above-named district commanders.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 18.
+
+HEADQUARTERS OF THE ARMY,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, March 15, 1867_.
+
+The President directs that the following change be made, at the request
+of Major-General Thomas, in the assignment announced in General Orders,
+No. 10, of March 11, 1867, of commanders of districts, under the act of
+Congress entitled "An act to provide for the more efficient government
+of the rebel States," and of the Department of the Cumberland, created
+in General Orders, No. 14, of March 12, 1867:
+
+Brevet Major-General John Pope to command the Third District, consisting
+of the States of Georgia, Florida, and Alabama; and Major-General George
+H. Thomas to command the Department of the Cumberland
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 20, 1867_.
+
+Whereas several commanders of military districts created by the acts of
+Congress known as the reconstruction acts have expressed doubts as to
+the proper construction thereof and in respect to some of their powers
+and duties under said acts, and have applied to the Executive for
+information in relation thereto; and
+
+Whereas the said acts of Congress have been referred to the
+Attorney-General for his opinion thereon, and the said acts and the
+opinion of the Attorney-General have been fully and carefully considered
+by the President in conference with the heads of the respective
+Departments:
+
+The President accepts the following as a practical interpretation of the
+aforesaid acts of Congress on the points therein presented, and directs
+the same to be transmitted to the respective military commanders for
+their information, in order that there may be uniformity in the
+execution of said acts:
+
+1. The oath prescribed in the supplemental act defines all the
+qualifications required, and every person who can take that oath is
+entitled to have his name entered upon the list of voters.
+
+2. The board of registration have no authority to administer any other
+oath to the person applying for registration than this prescribed oath,
+nor to administer an oath to any other person touching the
+qualifications of the applicant or the falsity of the oath so taken by
+him. The act, to guard against falsity in the oath, provides that if
+false the person taking it shall be tried and punished for perjury.
+
+No provision is made for challenging the qualifications of the applicant
+or entering upon any trial or investigation of his qualifications,
+either by witnesses or any other form of proof.
+
+3. _As to citizenship and residence_:
+
+The applicant for registration must be a citizen of the State and of the
+United States, and must be a resident of a county or parish included in
+the election district. He may be registered if he has been such citizen
+for a period less than twelve months at the time he applies for
+registration, but he can not vote at any election unless his citizenship
+has _then_ extended to the full term of one year. As to such a person,
+the exact length of his citizenship should be noted opposite his name on
+the list, so that it may appear on the day of election, upon reference
+to the list, whether the full term has then been accomplished.
+
+4. An unnaturalized person can not take this oath, but an alien who has
+been naturalized can take it, and no other proof of naturalization can
+be required from him.
+
+5. No one who is not 21 years of age at the time of registration can
+take the oath, for he must swear that he has then attained that age.
+
+6. No one who has been disfranchised for participation in any rebellion
+against the United States or for felony committed against the laws of
+any State or of the United States can take this oath.
+
+The actual participation in a rebellion or the actual commission of a
+felony does not amount to disfranchisement. The sort of disfranchisement
+here meant is that which is declared by law passed by competent
+authority, or which has been fixed upon the criminal by the sentence of
+the court which tried him for the crime.
+
+No law of the United States has declared the penalty of disfranchisement
+for participation in rebellion alone; nor is it known that any such law
+exists in either of these ten States, except, perhaps, Virginia, as to
+which State special instructions will be given.
+
+7. _As to disfranchisement arising from having held office followed by
+participation in rebellion_:
+
+This is the most important part of the oath, and requires strict
+attention to arrive at its meaning. The applicant must swear or affirm
+as follows:
+
+ That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in
+ an insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive
+ or judicial officer of any State, to support the Constitution of the
+ United States, and afterwards engaged in insurrection or rebellion
+ against the United States or given aid or comfort to the enemies
+ thereof.
+
+
+Two elements must concur in order to disqualify a person under these
+clauses: First, the office and official oath to support the Constitution
+of the United States; second, engaging afterwards in rebellion. Both
+must exist to work disqualification, and must happen in the order of
+time mentioned.
+
+A person who has held an office and taken the oath to support the
+Federal Constitution and has not afterwards engaged in rebellion is not
+disqualified. So, too, a person who has engaged in rebellion, but has
+not theretofore held an office and taken that oath, is not disqualified.
+
+8. _Officers of the United States_:
+
+As to these the language is without limitation. The person who has at
+any time prior to the rebellion held an office, civil or military, under
+the United States, and has taken an official oath to support the
+Constitution of the United States, is subject to disqualification.
+
+9. _Militia officers_ of any State prior to the rebellion are not
+subject to disqualification.
+
+10. _Municipal officers_--that is to say, officers of incorporated
+cities, towns, and villages, such as mayors, aldermen, town council,
+police, and other city or town officers--are not subject to
+disqualification.
+
+11. Persons who have prior to the rebellion been members of the Congress
+of the United States or members of a State legislature are subject to
+disqualification, but those who have been members of conventions framing
+or amending the Constitution of a State prior to the rebellion are not
+subject to disqualification.
+
+12. All the executive or judicial officers of any State who took an oath
+to support the Constitution of the United States are subject to
+disqualification, including county officers. They are subject to
+disqualification if they were required to take as a part of their
+official oath _the oath to support the Constitution of the United
+States_.
+
+13. Persons who exercised mere employment under State authority are not
+disqualified; such as commissioners to lay out roads, commissioners of
+public works, visitors of State institutions, directors of State
+institutions, examiners of banks, notaries public, and commissioners to
+take acknowledgments of deeds.
+
+
+ENGAGING IN REBELLION.
+
+Having specified what offices held by anyone prior to the rebellion come
+within the meaning of the law, it is necessary next to set forth what
+subsequent conduct fixes upon such person the offense of engaging in
+rebellion. Two things must exist as to any person to disqualify him from
+voting: First, the office held prior to the rebellion, and, afterwards,
+participation in the rebellion.
+
+14. An act to fix upon a person the offense of engaging in the rebellion
+under this law must be an overt and voluntary act, done with the intent
+of aiding or furthering the common unlawful purpose. A person forced
+into the rebel service by conscription or under a paramount authority
+which he could not safely disobey, and who would not have entered such
+service if left to the free exercise of his own will, can not be held
+to be disqualified from voting.
+
+15. Mere acts of charity, where the intent is to relieve the wants of
+the object of such charity, and not done in aid of the cause in which he
+may have been engaged, do not disqualify; but organized contributions
+of food and clothing for the general relief of persons engaged in the
+rebellion, and not of a merely sanitary character, but contributed to
+enable them to perform their unlawful object, may be classed with acts
+which do disqualify.
+
+Forced contributions to the rebel cause in the form of taxes or military
+assessments, which a person was compelled to pay or contribute, do not
+disqualify; but voluntary contributions to the rebel cause, even such
+indirect contributions as arise from the voluntary loan of money to
+rebel authorities or purchase of bonds or securities created to afford
+the means of carrying on the rebellion, will work disqualification.
+
+16. All those who in legislative or other official capacity were engaged
+in the furtherance of the common unlawful purpose, where the duties of
+the office necessarily had relation to the support of the rebellion,
+such as members of the rebel conventions, congresses, and legislatures,
+diplomatic agents of the rebel Confederacy, and other officials whose
+offices were created for the purpose of more effectually carrying on
+hostilities or whose duties appertained to the support of the rebel
+cause, must be held to be disqualified.
+
+But officers who during the rebellion discharged official duties not
+incident to war, but only such duties as belong even to a state of peace
+and were necessary to the preservation of order and the administration
+of law, are not to be considered as thereby engaging in rebellion or as
+disqualified. Disloyal sentiments, opinions, or sympathies would not
+disqualify, but where a person has by speech or by writing incited
+others to engage in rebellion he must come under the disqualification.
+
+17. _The duties of the board appointed to superintend the elections_:
+
+This board, having the custody of the list of registered voters in the
+district for which it is constituted, must see that the name of the
+person offering to vote is found upon the registration list, and if such
+proves to be the fact it is the duty of the board to receive his vote if
+then qualified by residence. They can not receive the vote of any person
+whose name is not upon the list, though he may be ready to take the
+registration oath, and although he may satisfy them that he was unable
+to have his name registered at the proper time, in consequence of
+absence, sickness, or other cause.
+
+The board can not enter into any inquiry as to the qualifications of any
+person whose name is not on the registration list, or as to the
+qualifications of any person whose name is on the list.
+
+18. _The mode of voting_ is provided in the act to be _by ballot_. The
+board will keep a record and poll book of the election, showing the
+votes, list of voters, and the persons elected by a plurality of the
+votes cast at the election, and make returns of these to the commanding
+general of the district.
+
+19. The board appointed for registration and for superintending the
+elections must take the oath prescribed by the act of Congress approved
+July 2, 1862, entitled "An act to prescribe an oath of office."
+
+By order of the President:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, August 12, 1867_,
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: By virtue of the power and authority vested in me as President by
+the Constitution and laws of the United States, you are hereby suspended
+from office as Secretary of War, and will cease to exercise any and all
+functions pertaining to the same.
+
+You will at once transfer to General Ulysses S. Grant, who has this day
+been authorized and empowered to act as Secretary of War _ad interim_,
+all records, books, and other property now in your custody and charge.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 12, 1867_.
+
+General ULYSSES S. GRANT,
+
+_Washington, D.C._
+
+SIR: The Hon. Edwin M. Stanton having been this day suspended as
+Secretary of War, you are hereby authorized and empowered to act as
+Secretary of War _ad interim_, and will at once enter upon the discharge
+of the duties of the office.
+
+The Secretary of War has been instructed to transfer to you all the
+records, books, papers, and other public property now in his custody
+and charge.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 17, 1867_.
+
+Major-General George H. Thomas is hereby assigned to the command of the
+Fifth Military District, created by the act of Congress passed on the 2d
+day of March, 1867.
+
+Major-General P.H. Sheridan is hereby assigned to the command of the
+Department of the Missouri.
+
+Major-General Winfield S. Hancock is hereby assigned to the command of
+the Department of the Cumberland.
+
+The Secretary of War _ad interim_ will give the necessary instructions
+to carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 26, 1867_.
+
+General U.S. GRANT,
+
+_Secretary of War ad interim_.
+
+SIR: In consequence of the unfavorable condition of the health of
+Major-General George H. Thomas, as reported to you in Surgeon Hasson's
+dispatch of the 21st instant, my order dated August 17, 1867, is hereby
+modified so as to assign Major-General Winfield S. Hancock to the
+command of the Fifth Military District, created by the act of Congress
+passed March 2, 1867, and of the military department comprising the
+States of Louisiana and Texas. On being relieved from the command
+of the Department of the Missouri by Major-General P. H. Sheridan,
+Major-General Hancock will proceed directly to New Orleans, La.,
+and, assuming the command to which he is hereby assigned, will, when
+necessary to a faithful execution of the laws, exercise any and all
+powers conferred by acts of Congress upon district commanders and any
+and all authority pertaining to officers in command of military
+departments.
+
+Major-General P.H. Sheridan will at once turn over his present command
+to the officer next in rank to himself, and, proceeding without delay
+to Fort Leavenworth, Kans., will relieve Major-General Hancock of the
+command of the Department of the Missouri.
+
+Major-General George H. Thomas will until further orders remain in
+command of the Department of the Cumberland.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 26, 1867_.
+
+Brevet Major-General Edward R.S. Canby is hereby assigned to the command
+of the Second Military District, created by the act of Congress of March
+2, 1867, and of the Military Department of the South, embracing the
+States of North Carolina and South Carolina. He will, as soon as
+practicable, relieve Major-General Daniel E. Sickles, and, on assuming
+the command to which he is hereby assigned, will, when necessary to a
+faithful execution of the laws, exercise any and all powers conferred by
+acts of Congress upon district commanders and any and all authority
+pertaining to officers in command of military departments.
+
+Major-General Daniel E. Sickles is hereby relieved from the command of
+the Second Military District.
+
+The Secretary of War _ad interim_ will give the necessary instructions
+to carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., September 4, 1867_.
+
+The heads of the several Executive Departments of the Government are
+instructed to furnish each person holding an appointment in their
+respective Departments with an official copy of the proclamation of the
+President bearing date the 3d instant, with directions strictly to
+observe its requirements for an earnest support of the Constitution of
+the United States and a faithful execution of the laws which have been
+made in pursuance thereof.
+
+ANDREW JOHNSON.
+
+
+[Note.--The Fortieth Congress, second session, met December 2, 1867, in
+conformity to the Constitution of the United States, and on July 27,
+1868, in accordance with the concurrent resolution of July 24, adjourned
+to September 21; again met September 21, and adjourned to October 16;
+again met October 16, and adjourned to November 10; again met November
+10 and adjourned to December 7, 1868; the latter meetings and
+adjournments being in accordance with the concurrent resolution of
+September 21.]
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 3, 1867_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The continued disorganization of the Union, to which the President has
+so often called the attention of Congress, is yet a subject of profound
+and patriotic concern. We may, however, find some relief from that
+anxiety in the reflection that the painful political situation, although
+before untried by ourselves, is not new in the experience of nations.
+Political science, perhaps as highly perfected in our own time and
+country as in any other, has not yet disclosed any means by which civil
+wars can be absolutely prevented. An enlightened nation, however, with a
+wise and beneficent constitution of free government, may diminish their
+frequency and mitigate their severity by directing all its proceedings
+in accordance with its fundamental law.
+
+When a civil war has been brought to a close, it is manifestly the first
+interest and duty of the state to repair the injuries which the war has
+inflicted, and to secure the benefit of the lessons it teaches as fully
+and as speedily as possible. This duty was, upon the termination of the
+rebellion, promptly accepted, not only by the executive department, but
+by the insurrectionary States themselves, and restoration in the first
+moment of peace was believed to be as easy and certain as it was
+indispensable. The expectations, however, then so reasonably and
+confidently entertained were disappointed by legislation from which
+I felt constrained by my obligations to the Constitution to withhold
+my assent.
+
+It is therefore a source of profound regret that in complying with the
+obligation imposed upon the President by the Constitution to give to
+Congress from time to time information of the state of the Union I am
+unable to communicate any definitive adjustment, satisfactory to the
+American people, of the questions which since the close of the rebellion
+have agitated the public mind. On the contrary, candor compels me to
+declare that at this time there is no Union as our fathers understood
+the term, and as they meant it to be understood by us. The Union which
+they established can exist only where all the States are represented in
+both Houses of Congress; where one State is as free as another to
+regulate its internal concerns according to its own will, and where the
+laws of the central Government, strictly confined to matters of national
+jurisdiction, apply with equal force to all the people of every section.
+That such is not the present "state of the Union" is a melancholy fact,
+and we must all acknowledge that the restoration of the States to their
+proper legal relations with the Federal Government and with one another,
+according to the terms of the original compact, would be the greatest
+temporal blessing which God, in His kindest providence, could bestow
+upon this nation. It becomes our imperative duty to consider whether
+or not it is impossible to effect this most desirable consummation.
+
+The Union and the Constitution are inseparable. As long as one is obeyed
+by all parties, the other will be preserved; and if one is destroyed,
+both must perish together. The destruction of the Constitution will be
+followed by other and still greater calamities. It was ordained not only
+to form a more perfect union between the States, but to "establish
+justice, insure domestic tranquillity, provide for the common defense,
+promote the general welfare, and secure the blessings of liberty to
+ourselves and our posterity." Nothing but implicit obedience to its
+requirements in all parts of the country will accomplish these great
+ends. Without that obedience we can look forward only to continual
+outrages upon individual rights, incessant breaches of the public peace,
+national weakness, financial dishonor, the total loss of our prosperity,
+the general corruption of morals, and the final extinction of popular
+freedom. To save our country from evils so appalling as these, we should
+renew our efforts again and again.
+
+To me the process of restoration seems perfectly plain and simple. It
+consists merely in a faithful application of the Constitution and laws.
+The execution of the laws is not now obstructed or opposed by physical
+force. There is no military or other necessity, real or pretended, which
+can prevent obedience to the Constitution, either North or South.
+All the rights and all the obligations of States and individuals
+can be protected and enforced by means perfectly consistent with the
+fundamental law. The courts may be everywhere open, and if open their
+process would be unimpeded. Crimes against the United States can be
+prevented or punished by the proper judicial authorities in a manner
+entirely practicable and legal. There is therefore no reason why the
+Constitution should not be obeyed, unless those who exercise its powers
+have determined that it shall be disregarded and violated. The mere
+naked will of this Government, or of some one or more of its branches,
+is the only obstacle that can exist to a perfect union of all the
+States.
+
+On this momentous question and some of the measures growing out of it
+I have had the misfortune to differ from Congress, and have expressed
+my convictions without reserve, though with becoming deference to the
+opinion of the legislative department. Those convictions are not only
+unchanged, but strengthened by subsequent events and further reflection.
+The transcendent importance of the subject will be a sufficient excuse
+for calling your attention to some of the reasons which have so strongly
+influenced my own judgment. The hope that we may all finally concur in a
+mode of settlement consistent at once with our true interests and with
+our sworn duties to the Constitution is too natural and too just to be
+easily relinquished.
+
+It is clear to my apprehension that the States lately in rebellion are
+still members of the National Union. When did they cease to be so? The
+"ordinances of secession" adopted by a portion (in most of them a very
+small portion) of their citizens were mere nullities. If we admit now
+that they were valid and effectual for the purpose intended by their
+authors, we sweep from under our feet the whole ground upon which we
+justified the war. Were those States afterwards expelled from the Union
+by the war? The direct contrary was averred by this Government to be its
+purpose, and was so understood by all those who gave their blood and
+treasure to aid in its prosecution. It can not be that a successful
+war, waged for the preservation of the Union, had the legal effect of
+dissolving it. The victory of the nation's arms was not the disgrace
+of her policy; the defeat of secession on the battlefield was not the
+triumph of its lawless principle. Nor could Congress, with or without
+the consent of the Executive, do anything which would have the effect,
+directly or indirectly, of separating the States from each other.
+To dissolve the Union is to repeal the Constitution which holds it
+together, and that is a power which does not belong to any department
+of this Government, or to all of them united.
+
+This is so plain that it has been acknowledged by all branches of the
+Federal Government. The Executive (my predecessor as well as myself) and
+the heads of all the Departments have uniformly acted upon the principle
+that the Union is not only undissolved, but indissoluble. Congress
+submitted an amendment of the Constitution to be ratified by the
+Southern States, and accepted their acts of ratification as a necessary
+and lawful exercise of their highest function. If they were not States,
+or were States out of the Union, their consent to a change in the
+fundamental law of the Union would have been nugatory, and Congress in
+asking it committed a political absurdity. The judiciary has also given
+the solemn sanction of its authority to the same view of the case. The
+judges of the Supreme Court have included the Southern States in their
+circuits, and they are constantly, _in banc_ and elsewhere, exercising
+jurisdiction which does not belong to them unless those States are
+States of the Union.
+
+If the Southern States are component parts of the Union, the
+Constitution is the supreme law for them, as it is for all the other
+States. They are bound to obey it, and so are we. The right of the
+Federal Government, which is clear and unquestionable, to enforce the
+Constitution upon them implies the correlative obligation on our part
+to observe its limitations and execute its guaranties. Without the
+Constitution we are nothing; by, through, and under the Constitution we
+are what it makes us. We may doubt the wisdom of the law, we may not
+approve of its provisions, but we can not violate it merely because it
+seems to confine our powers within limits narrower than we could wish.
+It is not a question of individual or class or sectional interest, much
+less of party predominance, but of duty--of high and sacred duty--which
+we are all sworn to perform. If we can not support the Constitution with
+the cheerful alacrity of those who love and believe in it, we must give
+to it at least the fidelity of public servants who act under solemn
+obligations and commands which they dare not disregard.
+
+The constitutional duty is not the only one which requires the States
+to be restored. There is another consideration which, though of minor
+importance, is yet of great weight. On the 22d day of July, 1861,
+Congress declared by an almost unanimous vote of both Houses that the
+war should be conducted solely for the purpose of preserving the Union
+and maintaining the supremacy of the Federal Constitution and laws,
+without impairing the dignity, equality, and rights of the States or of
+individuals, and that when this was done the war should cease. I do not
+say that this declaration is personally binding on those who joined in
+making it; any more than individual members of Congress are personally
+bound to pay a public debt created under a law for which they voted.
+But it was a solemn, public, official pledge of the national honor,
+and I can not imagine upon what grounds the repudiation of it is to
+be justified. If it be said that we are not bound to keep faith with
+rebels, let it be remembered that this promise was not made to rebels
+only. Thousands of true men in the South were drawn to our standard by
+it, and hundreds of thousands in the North gave their lives in the
+belief that it would be carried out. It was made on the day after the
+first great battle of the war had been fought and lost. All patriotic
+and intelligent men then saw the necessity of giving such an assurance,
+and believed that without it the war would end in disaster to our cause.
+Having given that assurance in the extremity of our peril, the violation
+of it now, in the day of our power, would be a rude rending of that good
+faith which holds the moral world together; our country would cease to
+have any claim upon the confidence of men; it would make the war not
+only a failure, but a fraud.
+
+Being sincerely convinced that these views are correct, I would be
+unfaithful to my duty if I did not recommend the repeal of the acts of
+Congress which place ten of the Southern States under the domination of
+military masters. If calm reflection shall satisfy a majority of your
+honorable bodies that the acts referred to are not only a violation of
+the national faith, but in direct conflict with the Constitution, I dare
+not permit myself to doubt that you will immediately strike them from
+the statute book.
+
+To demonstrate the unconstitutional character of those acts I need do no
+more than refer to their general provisions. It must be seen at once
+that they are not authorized. To dictate what alterations shall be made
+in the constitutions of the several States; to control the elections of
+State legislators and State officers, members of Congress and electors
+of President and Vice-President, by arbitrarily declaring who shall
+vote and who shall be excluded from that privilege; to dissolve State
+legislatures or prevent them from assembling; to dismiss judges and
+other civil functionaries of the State and appoint others without regard
+to State law; to organize and operate all the political machinery of the
+States; to regulate the whole administration of their domestic and local
+affairs according to the mere will of strange and irresponsible agents,
+sent among them for that purpose--these are powers not granted to the
+Federal Government or to any one of its branches. Not being granted, we
+violate our trust by assuming them as palpably as we would by acting in
+the face of a positive interdict; for the Constitution forbids us to do
+whatever it does not affirmatively authorize, either by express words or
+by clear implication. If the authority we desire to use does not come to
+us through the Constitution, we can exercise it only by usurpation, and
+usurpation is the most dangerous of political crimes. By that crime the
+enemies of free government in all ages have worked out their designs
+against public liberty and private right. It leads directly and
+immediately to the establishment of absolute rule, for undelegated
+power is always unlimited and unrestrained.
+
+The acts of Congress in question are not only objectionable for their
+assumption of ungranted power, but many of their provisions are in
+conflict with the direct prohibitions of the Constitution. The
+Constitution commands that a republican form of government shall be
+guaranteed to all the States; that no person shall be deprived of life,
+liberty, or property without due process of law, arrested without a
+judicial warrant, or punished without a fair trial before an impartial
+jury; that the privilege of _habeas corpus_ shall not be denied in time
+of peace, and that no bill of attainder shall be passed even against a
+single individual. Yet the system of measures established by these acts
+of Congress does totally subvert and destroy the form as well as the
+substance of republican government in the ten States to which they
+apply. It binds them hand and foot in absolute slavery, and subjects
+them to a strange and hostile power, more unlimited and more likely to
+be abused than any other now known among civilized men. It tramples down
+all those rights in which the essence of liberty consists, and which a
+free government is always most careful to protect. It denies the _habeas
+corpus_ and the trial by jury. Personal freedom, property, and life, if
+assailed by the passion, the prejudice, or the rapacity of the ruler,
+have no security whatever. It has the effect of a bill of attainder or
+bill of pains and penalties, not upon a few individuals, but upon whole
+masses, including the millions who inhabit the subject States, and even
+their unborn children. These wrongs, being expressly forbidden, can not
+be constitutionally inflicted upon any portion of our people, no matter
+how they may have come within our jurisdiction, and no matter whether
+they live in States, Territories, or districts.
+
+I have no desire to save from the proper and just consequences of their
+great crime those who engaged in rebellion against the Government, but
+as a mode of punishment the measures under consideration are the most
+unreasonable that could be invented. Many of those people are perfectly
+innocent; many kept their fidelity to the Union untainted to the last;
+many were incapable of any legal offense; a large proportion even of the
+persons able to bear arms were forced into rebellion against their will,
+and of those who are guilty with their own consent the degrees of guilt
+are as various as the shades of their character and temper. But these
+acts of Congress confound them all together in one common doom.
+Indiscriminate vengeance upon classes, sects, and parties, or upon whole
+communities, for offenses committed by a portion of them against the
+governments to which they owed obedience was common in the barbarous
+ages of the world; but Christianity and civilization have made such
+progress that recourse to a punishment so cruel and unjust would meet
+with the condemnation of all unprejudiced and right-minded men. The
+punitive justice of this age, and especially of this country, does not
+consist in stripping whole States of their liberties and reducing all
+their people, without distinction, to the condition of slavery. It deals
+separately with each individual, confines itself to the forms of law,
+and vindicates its own purity by an impartial examination of every case
+before a competent judicial tribunal. If this does not satisfy all our
+desires with regard to Southern rebels, let us console ourselves by
+reflecting that a free Constitution, triumphant in war and unbroken in
+peace, is worth far more to us and our children than the gratification
+of any present feeling.
+
+I am aware it is assumed that this system of government for the
+Southern States is not to be perpetual. It is true this military
+government is to be only provisional, but it is through this temporary
+evil that a greater evil is to be made perpetual. If the guaranties
+of the Constitution can be broken provisionally to serve a temporary
+purpose, and in a part only of the country, we can destroy them
+everywhere and for all time. Arbitrary measures often change, but they
+generally change for the worse. It is the curse of despotism that it has
+no halting place. The intermitted exercise of its power brings no sense
+of security to its subjects, for they can never know what more they will
+be called to endure when its red right hand is armed to plague them
+again. Nor is it possible to conjecture how or where power, unrestrained
+by law, may seek its next victims. The States that are still free may be
+enslaved at any moment; for if the Constitution does not protect all, it
+protects none.
+
+It is manifestly and avowedly the object of these laws to confer upon
+negroes the privilege of voting and to disfranchise such a number of
+white citizens as will give the former a clear majority at all elections
+in the Southern States. This, to the minds of some persons, is so
+important that a violation of the Constitution is justified as a means
+of bringing it about. The morality is always false which excuses a wrong
+because it proposes to accomplish a desirable end. We are not permitted
+to do evil that good may come. But in this case the end itself is evil,
+as well as the means. The subjugation of the States to negro domination
+would be worse than the military despotism under which they are now
+suffering. It was believed beforehand that the people would endure any
+amount of military oppression for any length of time rather than degrade
+themselves by subjection to the negro race. Therefore they have been
+left without a choice. Negro suffrage was established by act of
+Congress, and the military officers were commanded to superintend the
+process of clothing the negro race with the political privileges torn
+from white men.
+
+The blacks in the South are entitled to be well and humanely governed,
+and to have the protection of just laws for all their rights of person
+and property. If it were practicable at this time to give them a
+Government exclusively their own, under which they might manage their
+own affairs in their own way, it would become a grave question whether
+we ought to do so, or whether common humanity would not require us to
+save them from themselves. But under the circumstances this is only a
+speculative point. It is not proposed merely that they shall govern
+themselves, but that they shall rule the white race, make and administer
+State laws, elect Presidents and members of Congress, and shape to a
+greater or less extent the future destiny of the whole country. Would
+such a trust and power be safe in such hands?
+
+The peculiar qualities which should characterize any people who are fit
+to decide upon the management of public affairs for a great state have
+seldom been combined. It is the glory of white men to know that they
+have had these qualities in sufficient measure to build upon this
+continent a great political fabric and to preserve its stability for
+more than ninety years, while in every other part of the world all
+similar experiments have failed. But if anything can be proved by known
+facts, if all reasoning upon evidence is not abandoned, it must be
+acknowledged that in the progress of nations negroes have shown less
+capacity for government than any other race of people. No independent
+government of any form has ever been successful in their hands. On the
+contrary, wherever they have been left to their own devices they have
+shown a constant tendency to relapse into barbarism. In the Southern
+States, however, Congress has undertaken to confer upon them the
+privilege of the ballot. Just released from slavery, it may be doubted
+whether as a class they know more than their ancestors how to organize
+and regulate civil society. Indeed, it is admitted that the blacks of
+the South are not only regardless of the rights of property, but so
+utterly ignorant of public affairs that their voting can consist in
+nothing more than carrying a ballot to the place where they are directed
+to deposit it. I need not remind you that the exercise of the elective
+franchise is the highest attribute of an American citizen, and that when
+guided by virtue, intelligence, patriotism, and a proper appreciation of
+our free institutions it constitutes the true basis of a democratic form
+of government, in which the sovereign power is lodged in the body of the
+people. A trust artificially created, not for its own sake, but solely
+as a means of promoting the general welfare, its influence for good must
+necessarily depend upon the elevated character and true allegiance of
+the elector. It ought, therefore, to be reposed in none except those who
+are fitted morally and mentally to administer it well; for if conferred
+upon persons who do not justly estimate its value and who are
+indifferent as to its results, it will only serve as a means of placing
+power in the hands of the unprincipled and ambitious, and must eventuate
+in the complete destruction of that liberty of which it should be the
+most powerful conservator. I have therefore heretofore urged upon your
+attention the great danger--
+
+ to be apprehended from an untimely extension of the elective franchise
+ to any new class in our country, especially when the large majority of
+ that class, in wielding the power thus placed in their hands, can not be
+ expected correctly to comprehend the duties and responsibilities which
+ pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held
+ in a condition of slavery that had existed for generations; to-day they
+ are freemen and are assumed by law to be citizens. It can not be
+ presumed, from their previous condition of servitude, that as a class
+ they are as well informed as to the nature of our Government as the
+ intelligent foreigner who makes our land the home of his choice. In the
+ case of the latter neither a residence of five years and the knowledge
+ of our institutions which it gives nor attachment to the principles of
+ the Constitution are the only conditions upon which he can be admitted
+ to citizenship; he must prove in addition a good moral character, and
+ thus give reasonable ground for the belief that he will be faithful to
+ the obligations which he assumes as a citizen of the Republic. Where
+ a people--the source of all political power--speak by their suffrages
+ through the instrumentality of the ballot box, it must be carefully
+ guarded against the control of those who are corrupt in principle and
+ enemies of free institutions, for it can only become to our political
+ and social system a safe conductor of healthy popular sentiment when
+ kept free from demoralizing influences. Controlled through fraud and
+ usurpation by the designing, anarchy and despotism must inevitably
+ follow. In the hands of the patriotic and worthy our Government will be
+ preserved upon the principles of the Constitution inherited from our
+ fathers. It follows, therefore, that in admitting to the ballot box
+ a new class of voters not qualified for the exercise of the elective
+ franchise we weaken our system of government instead of adding to its
+ strength and durability.
+
+ * * * * *
+
+ I yield to no one in attachment to that rule of general suffrage which
+ distinguishes our policy as a nation. But there is a limit, wisely
+ observed hitherto, which makes the ballot a privilege and a trust,
+ and which requires of some classes a time suitable for probation
+ and preparation. To give it indiscriminately to a new class, wholly
+ unprepared by previous habits and opportunities to perform the trust
+ which it demands, is to degrade it, and finally to destroy its power,
+ for it may be safely assumed that no political truth is better
+ established than that such indiscriminate and all-embracing extension
+ of popular suffrage must end at last in its destruction.
+
+
+I repeat the expression of my willingness to join in any plan within
+the scope of our constitutional authority which promises to better the
+condition of the negroes in the South, by encouraging them in industry,
+enlightening their minds, improving their morals, and giving protection
+to all their just rights as freedmen. But the transfer of our political
+inheritance to them would, in my opinion, be an abandonment of a duty
+which we owe alike to the memory of our fathers and the rights of our
+children.
+
+The plan of putting the Southern States wholly and the General
+Government partially into the hands of negroes is proposed at a time
+peculiarly unpropitious. The foundations of society have been broken
+up by civil war. Industry must be reorganized, justice reestablished,
+public credit maintained, and order brought out of confusion. To
+accomplish these ends would require all the wisdom and virtue of the
+great men who formed our institutions originally. I confidently believe
+that their descendants will be equal to the arduous task before them,
+but it is worse than madness to expect that negroes will perform it for
+us. Certainly we ought not to ask their assistance till we despair of
+our own competency.
+
+The great difference between the two races in physical, mental,
+and moral characteristics will prevent an amalgamation or fusion
+of them together in one homogeneous mass. If the inferior obtains the
+ascendency over the other, it will govern with reference only to its own
+interests--for it will recognize no common interest--and create such a
+tyranny as this continent has never yet witnessed. Already the negroes
+are influenced by promises of confiscation and plunder. They are taught
+to regard as an enemy every white man who has any respect for the rights
+of his own race. If this continues it must become worse and worse, until
+all order will be subverted, all industry cease, and the fertile fields
+of the South grow up into a wilderness. Of all the dangers which our
+nation has yet encountered, none are equal to those which must result
+from the success of the effort now making to Africanize the half of
+our country.
+
+I would not put considerations of money in competition with justice and
+right; but the expenses incident to "reconstruction" under the system
+adopted by Congress aggravate what I regard as the intrinsic wrong of
+the measure itself. It has cost uncounted millions already, and if
+persisted in will add largely to the weight of taxation, already too
+oppressive to be borne without just complaint, and may finally reduce
+the Treasury of the nation to a condition of bankruptcy. We must not
+delude ourselves. It will require a strong standing army and probably
+more than $200,000,000 per annum to maintain the supremacy of negro
+governments after they are established. The sum thus thrown away would,
+if properly used, form a sinking fund large enough to pay the whole
+national debt in less than fifteen years. It is vain to hope that
+negroes will maintain their ascendency themselves. Without military
+power they are wholly incapable of holding in subjection the white
+people of the South.
+
+I submit to the judgment of Congress whether the public credit may not
+be injuriously affected by a system of measures like this. With our debt
+and the vast private interests which are complicated with it, we can not
+be too cautious of a policy which might by possibility impair the
+confidence of the world in our Government. That confidence can only be
+retained by carefully inculcating the principles of justice and honor
+on the popular mind and by the most scrupulous fidelity to all our
+engagements of every sort. Any serious breach of the organic law,
+persisted in for a considerable time, can not but create fears for the
+stability of our institutions. Habitual violation of prescribed rules,
+which we bind ourselves to observe, must demoralize the people. Our only
+standard of civil duty being set at naught, the sheet anchor of our
+political morality is lost, the public conscience swings from its
+moorings and yields to every impulse of passion and interest. If we
+repudiate the Constitution, we will not be expected to care much for
+mere pecuniary obligations. The violation of such a pledge as we made on
+the 22d day of July, 1861, will assuredly diminish the market value of
+our other promises. Besides, if we acknowledge that the national debt
+was created, not to hold the States in the Union, as the taxpayers were
+led to suppose, but to expel them from it and hand them over to be
+governed by negroes, the moral duty to pay it may seem much less clear.
+I say it may _seem_ so, for I do not admit that this or any other
+argument in favor of repudiation can be entertained as sound; but
+its influence on some classes of minds may well be apprehended. The
+financial honor of a great commercial nation, largely indebted and with
+a republican form of government administered by agents of the popular
+choice, is a thing of such delicate texture and the destruction of it
+would be followed by such unspeakable calamity that every true patriot
+must desire to avoid whatever might expose it to the slightest danger.
+
+The great interests of the country require immediate relief from these
+enactments. Business in the South is paralyzed by a sense of general
+insecurity, by the terror of confiscation, and the dread of negro
+supremacy. The Southern trade, from which the North would have derived
+so great a profit under a government of law, still languishes, and can
+never be revived until it ceases to be fettered by the arbitrary power
+which makes all its operations unsafe. That rich country--the richest in
+natural resources the world ever saw--is worse than lost if it be not
+soon placed under the protection of a free constitution. Instead of
+being, as it ought to be, a source of wealth and power, it will become
+an intolerable burden upon the rest of the nation.
+
+Another reason for retracing our steps will doubtless be seen by
+Congress in the late manifestations of public opinion upon this subject.
+We live in a country where the popular will always enforces obedience
+to itself, sooner or later. It is vain to think of opposing it with
+anything short of legal authority backed by overwhelming force. It can
+not have escaped your attention that from the day on which Congress
+fairly and formally presented the proposition to govern the Southern
+States by military force, with a view to the ultimate establishment of
+negro supremacy, every expression of the general sentiment has been more
+or less adverse to it. The affections of this generation can not be
+detached from the institutions of their ancestors. Their determination
+to preserve the inheritance of free government in their own hands and
+transmit it undivided and unimpaired to their own posterity is too
+strong to be successfully opposed. Every weaker passion will disappear
+before that love of liberty and law for which the American people are
+distinguished above all others in the world.
+
+How far the duty of the President "to preserve, protect, and defend
+the Constitution" requires him to go in opposing an unconstitutional
+act of Congress is a very serious and important question, on which
+I have deliberated much and felt extremely anxious to reach a proper
+conclusion. Where an act has been passed according to the forms of the
+Constitution by the supreme legislative authority, and is regularly
+enrolled among the public statutes of the country, Executive resistance
+to it, especially in times of high party excitement, would be likely to
+produce violent collision between the respective adherents of the two
+branches of the Government. This would be simply civil war, and civil
+war must be resorted to only as the last remedy for the worst of evils.
+Whatever might tend to provoke it should be most carefully avoided.
+A faithful and conscientious magistrate will concede very much to honest
+error, and something even to perverse malice, before he will endanger
+the public peace; and he will not adopt forcible measures, or such as
+might lead to force, as long as those which are peaceable remain open to
+him or to his constituents. It is true that cases may occur in which the
+Executive would be compelled to stand on its rights, and maintain them
+regardless of all consequences. If Congress should pass an act which is
+not only in palpable conflict with the Constitution, but will certainly,
+if carried out, produce immediate and irreparable injury to the organic
+structure of the Government, and if there be, neither judicial remedy
+for the wrongs it inflicts nor power in the people to protect themselves
+without the official aid of their elected defender--if, for instance,
+the legislative department should pass an act even through all the forms
+of law to abolish a coordinate department of the Government--in such a
+case the President must take the high responsibilities of his office and
+save the life of the nation at all hazards. The so-called reconstruction
+acts, though as plainly unconstitutional as any that can be imagined,
+were not believed to be within the class last mentioned. The people were
+not wholly disarmed of the power of self-defense. In all the Northern
+States they still held in their hands the sacred right of the ballot,
+and it was safe to believe that in due time they would come to the
+rescue of their own institutions. It gives me pleasure to add that the
+appeal to our common constituents was not taken in vain, and that my
+confidence in their wisdom and virtue seems not to have been misplaced.
+
+It is well and publicly known that enormous frauds have been perpetrated
+on the Treasury and that colossal fortunes have been made at the public
+expense. This species of corruption has increased, is increasing, and
+if not diminished will soon bring us into total ruin and disgrace. The
+public creditors and the taxpayers are alike interested in an honest
+administration of the finances, and neither class will long endure the
+large-handed robberies of the recent past. For this discreditable state
+of things there are several causes. Some of the taxes are so laid as
+to present an irresistible temptation to evade payment. The great sums
+which officers may win by connivance at fraud create a pressure which is
+more than the virtue of many can withstand, and there can be no doubt
+that the open disregard of constitutional obligations avowed by some of
+the highest and most influential men in the country has greatly weakened
+the moral sense of those who serve in subordinate places. The expenses
+of the United States, including interest on the public debt, are more
+than six times as much as they were seven years ago. To collect and
+disburse this vast amount requires careful supervision as well as
+systematic vigilance. The system, never perfected, was much disorganized
+by the "tenure-of-office bill," which has almost destroyed official
+accountability. The President may be thoroughly convinced that an
+officer is incapable, dishonest, or unfaithful to the Constitution, but
+under the law which I have named the utmost he can do is to complain to
+the Senate and ask the privilege of supplying his place with a better
+man. If the Senate be regarded as personally or politically hostile to
+the President, it is natural, and not altogether unreasonable, for the
+officer to expect that it will take his part as far as possible, restore
+him to his place, and give him a triumph over his Executive superior.
+The officer has other chances of impunity arising from accidental
+defects of evidence, the mode of investigating it, and the secrecy of
+the hearing. It is not wonderful that official malfeasance should become
+bold in proportion as the delinquents learn to think themselves safe.
+I am entirely persuaded that under such a rule the President can not
+perform the great duty assigned to him of seeing the laws faithfully
+executed, and that it disables him most especially from enforcing that
+rigid accountability which is necessary to the due execution of the
+revenue laws.
+
+The Constitution invests the President with authority to _decide_
+whether a removal should be made in any given case; the act of Congress
+declares in substance that he shall only _accuse_ such as he supposes to
+be unworthy of their trust. The Constitution makes him _sole judge_ in
+the premises, but the statute takes away his jurisdiction, transfers
+it to the Senate, and leaves him nothing but the odious and sometimes
+impracticable duty of becoming a _prosecutor_. The prosecution is to be
+conducted before a tribunal whose members are not, like him, responsible
+to the whole people, but to separate constituent bodies, and who may
+hear his accusation with great disfavor. The Senate is absolutely
+without any known standard of decision applicable to such a case. Its
+judgment can not be anticipated, for it is not governed by any rule.
+The law does not define what shall be deemed good cause for removal.
+It is impossible even to conjecture what may or may not be so considered
+by the Senate. The nature of the subject forbids clear proof. If the
+charge be incapacity, what evidence will support it? Fidelity to the
+Constitution may be understood or misunderstood in a thousand different
+ways, and by violent party men, in violent party times, unfaithfulness
+to the Constitution may even come to be considered meritorious. If the
+officer be accused of dishonesty, how shall it be made out? Will it be
+inferred from acts unconnected with public duty, from private history,
+or from general reputation, or must the President await the commission
+of an actual misdemeanor in office? Shall he in the meantime risk the
+character and interest of the nation in the hands of men to whom he
+can not give his confidence? Must he forbear his complaint until the
+mischief is done and can not be prevented? If his zeal in the public
+service should impel him to anticipate the overt act, must he move at
+the peril of being tried himself for the offense of slandering his
+subordinate? In the present circumstances of the country someone must be
+held responsible for official delinquency of every kind. It is extremely
+difficult to say where that responsibility should be thrown if it be
+not left where it has been placed by the Constitution. But all just men
+will admit that the President ought to be entirely relieved from such
+responsibility if he can not meet it by reason of restrictions placed
+by law upon his action.
+
+The unrestricted power of removal from office is a very great one to be
+trusted even to a magistrate chosen by the general suffrage of the whole
+people and accountable directly to them for his acts. It is undoubtedly
+liable to abuse, and at some periods of our history perhaps has been
+abused. If it be thought desirable and constitutional that it should be
+so limited as to make the President merely a common informer against
+other public agents, he should at least be permitted to act in that
+capacity before some open tribunal, independent of party politics, ready
+to investigate the merits of every case, furnished with the means of
+taking evidence, and bound to decide according to established rules.
+This would guarantee the safety of the accuser when he acts in good
+faith, and at the same time secure the rights of the other party. I
+speak, of course, with all proper respect for the present Senate, but it
+does not seem to me that any legislative body can be so constituted as
+to insure its fitness for these functions.
+
+It is not the theory of this Government that public offices are the
+property of those who hold them. They are given merely as a trust for
+the public benefit, sometimes for a fixed period, sometimes during good
+behavior, but generally they are liable to be terminated at the pleasure
+of the appointing power, which represents the collective majesty and
+speaks the will of the people. The forced retention in office of a
+single dishonest person may work great injury to the public interests.
+The danger to the public service comes not from the power to remove,
+but from the power to appoint. Therefore it was that the framers of the
+Constitution left the power of removal unrestricted, while they gave
+the Senate a right to reject all appointments which in its opinion were
+not fit to be made. A little reflection on this subject will probably
+satisfy all who have the good of the country at heart that our best
+course is to take the Constitution for our guide, walk in the path
+marked out by the founders of the Republic, and obey the rules made
+sacred by the observance of our great predecessors.
+
+The present condition of our finances and circulating medium is one to
+which your early consideration is invited.
+
+The proportion which the currency of any country should bear to
+the whole value of the annual produce circulated by its means is a
+question upon which political economists have not agreed. Nor can it
+be controlled by legislation, but must be left to the irrevocable laws
+which everywhere regulate commerce and trade. The circulating medium
+will ever irresistibly flow to those points where it is in greatest
+demand. The law of demand and supply is as unerring as that which
+regulates the tides of the ocean; and, indeed, currency, like the
+tides, has its ebbs and flows throughout the commercial world.
+
+At the beginning of the rebellion the bank-note circulation of the
+country amounted to not much more than $200,000,000; now the circulation
+of national-bank notes and those known as "legal-tenders" is nearly
+seven hundred millions. While it is urged by some that this amount
+should be increased, others contend that a decided reduction is
+absolutely essential to the best interests of the country. In view of
+these diverse opinions, it may be well to ascertain the real value of
+our paper issues when compared with a metallic or convertible currency.
+For this purpose let us inquire how much gold and silver could be
+purchased by the seven hundred millions of paper money now in
+circulation. Probably not more than half the amount of the latter,
+showing that when our paper currency is compared with gold and silver
+its commercial value is compressed into three hundred and fifty
+millions. This striking fact makes it the obvious duty of the
+Government, as early as may be consistent with the principles of sound
+political economy, to take such measures as will enable the holder of
+its notes and those of the national banks to convert them without loss
+into specie or its equivalent. A reduction of our paper circulating
+medium need not necessarily follow. This, however, would depend upon
+the law of demand and supply, though it should be borne in mind that
+by making legal-tender and bank notes convertible into coin or its
+equivalent their present specie value in the hands of their holders
+would be enhanced 100 per cent.
+
+Legislation for the accomplishment of a result so desirable is demanded
+by the highest public considerations. The Constitution contemplates that
+the circulating medium of the country shall be uniform in quality and
+value. At the time of the formation of that instrument the country had
+just emerged from the War of the Revolution, and was suffering from the
+effects of a redundant and worthless paper currency. The sages of that
+period were anxious to protect their posterity from the evils that they
+themselves had experienced. Hence in providing a circulating medium they
+conferred upon Congress the power to coin money and regulate the value
+thereof, at the same time prohibiting the States from making anything
+but gold and silver a tender in payment of debts.
+
+The anomalous condition of our currency is in striking contrast with
+that which was originally designed. Our circulation now embraces, first,
+notes of the national banks, which are made receivable for all dues to
+the Government, excluding imposts, and by all its creditors, excepting
+in payment of interest upon its bonds and the securities themselves;
+second, legal-tender notes, issued by the United States, and which the
+law requires shall be received as well in payment of all debts between
+citizens as of all Government dues, excepting imposts; and, third, gold
+and silver coin. By the operation of our present system of finance,
+however, the metallic currency, when collected, is reserved only for one
+class of Government creditors, who, holding its bonds, semiannually
+receive their interest in coin from the National Treasury. They are thus
+made to occupy an invidious position, which may be used to strengthen
+the arguments of those who would bring into disrepute the obligations
+of the nation. In the payment of all its debts the plighted faith of
+the Government should be inviolably maintained. But while it acts with
+fidelity toward the bondholder who loaned his money that the integrity
+of the Union might be preserved, it should at the same time observe good
+faith with the great masses of the people, who, having rescued the Union
+from the perils of rebellion, now bear the burdens of taxation, that the
+Government may be able to fulfill its engagements. There is no reason
+which will be accepted as satisfactory by the people why those who
+defend us on the land and protect us on the sea; the pensioner upon the
+gratitude of the nation, bearing the scars and wounds received while
+in its service; the public servants in the various Departments of the
+Government; the farmer who supplies the soldiers of the Army and the
+sailors of the Navy; the artisan who toils in the nation's workshops,
+or the mechanics and laborers who build its edifices and construct
+its forts and vessels of war, should, in payment of their just and
+hard-earned dues, receive depreciated paper, while another class of
+their countrymen, no more deserving, are paid in coin of gold and
+silver. Equal and exact justice requires that all the creditors of the
+Government should be paid in a currency possessing a uniform value.
+This can only be accomplished by the restoration of the currency to the
+standard established by the Constitution; and by this means we would
+remove a discrimination which may, if it has not already done so, create
+a prejudice that may become deep rooted and widespread and imperil the
+national credit.
+
+The feasibility of making our currency correspond with the
+constitutional standard may be seen by reference to a few facts derived
+from our commercial statistics.
+
+The production of precious metals in the United States from 1849
+to 1857, inclusive, amounted to $579,000,000; from 1858 to 1860,
+inclusive, to $137,500,000, and from 1861 to 1867, inclusive, to
+$457,500,000--making the grand aggregate of products since 1849
+$1,174,000,000. The amount of specie coined from 1849 to 1857 inclusive,
+was $439,000,000; from 1858 to 1860, inclusive, $125,000,000, and from
+1861 to 1867, inclusive, $310,000,000--making the total coinage since
+1849 $874,000,000. From 1849 to 1857, inclusive, the net exports of
+specie amounted to $271,000,000; from 1858 to 1860, inclusive, to
+$148,000,000, and from 1861 to 1867, inclusive, $322,000,000--making the
+aggregate of net exports since 1849 $741,000,000. These figures show an
+excess of product over net exports of $433,000,000. There are in the
+Treasury $111,000,000 in coin, something more than $40,000,000 in
+circulation on the Pacific Coast, and a few millions in the national
+and other banks--in all about $160,000,000. This, however, taking into
+account the specie in the country prior to 1849, leaves more than
+$300,000,000 which have not been accounted for by exportation, and
+therefore may yet remain in the country.
+
+These are important facts and show how completely the inferior currency
+will supersede the better, forcing it from circulation among the masses
+and causing it to be exported as a mere article of trade, to add to the
+money capital of foreign lands. They show the necessity of retiring our
+paper money, that the return of gold and silver to the avenues of trade
+may be invited and a demand created which will cause the retention
+at home of at least so much of the productions of our rich and
+inexhaustible gold-bearing fields as may be sufficient for purposes
+of circulation. It is unreasonable to expect a return to a sound
+currency so long as the Government by continuing to issue irredeemable
+notes fills the channels of circulation with depreciated paper.
+Notwithstanding a coinage by our mints, since 1849, of $874,000,000,
+the people are now strangers to the currency which was designed for
+their use and benefit, and specimens of the precious metals bearing
+the national device are seldom seen, except when produced to gratify
+the interest excited by their novelty. If depreciated paper is to be
+continued as the permanent currency of the country, and all our coin is
+to become a mere article of traffic and speculation, to the enhancement
+in price of all that is indispensable to the comfort of the people, it
+would be wise economy to abolish our mints, thus saving the nation the
+care and expense incident to such establishments, and let all our
+precious metals be exported in bullion. The time has come, however, when
+the Government and national banks should be required to take the most
+efficient steps and make all necessary arrangements for a resumption
+of specie payments at the earliest practicable period. Specie payments
+having been once resumed by the Government and banks, all notes or bills
+of paper issued by either of a less denomination than $20 should by law
+be excluded from circulation, so that the people may have the benefit
+and convenience of a gold and silver currency which in all their
+business transactions will be uniform in value at home and abroad.
+
+ Every man of property or industry, every man who desires to preserve
+ what he honestly possesses or to obtain what he can honestly earn, has a
+ direct interest in maintaining a safe circulating medium--such a medium
+ as shall be real and substantial, not liable to vibrate with opinions,
+ not subject to be blown up or blown down by the breath of speculation,
+ but to be made stable and secure. A disordered currency is one of the
+ greatest political evils. It undermines the virtues necessary for the
+ support of the social system and encourages propensities destructive of
+ its happiness; it wars against industry, frugality, and economy, and it
+ fosters the evil spirits of extravagance and speculation.
+
+
+It has been asserted by one of our profound and most gifted statesmen
+that--
+
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation--these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+
+
+It is one of the most successful devices, in times of peace or war,
+expansions or revulsions, to accomplish the transfer of all the precious
+metals from the great mass of the people into the hands of the few,
+where they are hoarded in secret places or deposited in strong boxes
+under bolts and bars, while the people are left to ensure all the
+inconvenience, sacrifice, and demoralization resulting from the use
+of a depreciated and worthless paper money.
+
+The condition of our finances and the operations of our revenue
+system are set forth and fully explained in the able and instructive
+report of the Secretary of the Treasury. On the 30th of June, 1866,
+the public debt amounted to $2,783,425,879; on the 30th of June last
+it was $2,692,199,215, showing a reduction during the fiscal year of
+$91,226,664. During the fiscal year ending June 30, 1867, the receipts
+were $490,634,010 and the expenditures $346,729,129, leaving an
+available surplus of $143,904,880. It is estimated that the receipts for
+the fiscal year ending June 30, 1868, will be $417,161,928 and that the
+expenditures will reach the sum of $393,269,226, leaving in the Treasury
+a surplus of $23,892,702. For the fiscal year ending June 30, 1869, it
+is estimated that the receipts will amount to $381,000,000 and that the
+expenditures will be $372,000,000, showing an excess of $9,000,000 in
+favor of the Government.
+
+The attention of Congress is earnestly invited to the necessity of a
+thorough revision of our revenue system. Our internal-revenue laws and
+impost system should be so adjusted as to bear most heavily on articles
+of luxury, leaving the necessaries of life as free from taxation as
+may be consistent with the real wants of the Government, economically
+administered. Taxation would not then fall unduly on the man of moderate
+means; and while none would be entirely exempt from assessment, all, in
+proportion to their pecuniary abilities, would contribute toward the
+support of the State. A modification of the internal-revenue system, by
+a large reduction in the number of articles now subject to tax, would
+be followed by results equally advantageous to the citizen and the
+Government. It would render the execution of the law less expensive and
+more certain, remove obstructions to industry, lessen the temptations to
+evade the law, diminish the violations and frauds perpetrated upon its
+provisions, make its operations less inquisitorial, and greatly reduce
+in numbers the army of taxgatherers created by the system, who "take
+from the mouth of honest labor the bread it has earned." Retrenchment,
+reform, and economy should be carried into every branch of the public
+service, that the expenditures of the Government may be reduced and the
+people relieved from oppressive taxation; a sound currency should be
+restored, and the public faith in regard to the national debt sacredly
+observed. The accomplishment of these important results, together with
+the restoration of the Union of the States upon the principles of
+the Constitution, would inspire confidence at home and abroad in the
+stability of our institutions and bring to the nation prosperity,
+peace, and good will.
+
+The report of the Secretary of War _ad interim_ exhibits the operations
+of the Army and of the several bureaus of the War Department. The
+aggregate strength of our military force on the 30th of September
+last was 56,315. The total estimate for military appropriations is
+$77,124,707, including a deficiency in last year's appropriation of
+$13,600,000. The payments at the Treasury on account of the service
+of the War Department from January 1 to October 29, 1867--a period of
+ten months--amounted to $109,807,000. The expenses of the military
+establishment, as well as the numbers of the Army, are now three
+times as great as they have ever been in time of peace, while the
+discretionary power is vested in the Executive to add millions to this
+expenditure by an increase of the Army to the maximum strength allowed
+by the law.
+
+The comprehensive report of the Secretary of the Interior furnishes
+interesting information in reference to the important branches of the
+public service connected with his Department. The menacing attitude of
+some of the warlike bands of Indians inhabiting the district of country
+between the Arkansas and Platte rivers and portions of Dakota Territory
+required the presence of a large military force in that region.
+Instigated by real or imaginary grievances, the Indians occasionally
+committed acts of barbarous violence upon emigrants and our frontier
+settlements; but a general Indian war has been providentially averted.
+The commissioners under the act of 20th July, 1867, were invested with
+full power to adjust existing difficulties, negotiate treaties with the
+disaffected bands, and select for them reservations remote from the
+traveled routes between the Mississippi and the Pacific. They entered
+without delay upon the execution of their trust, but have not yet made
+any official report of their proceedings. It is of vital importance that
+our distant Territories should be exempt from Indian outbreaks, and
+that the construction of the Pacific Railroad, an object of national
+importance, should not be interrupted by hostile tribes. These objects,
+as well as the material interests and the moral and intellectual
+improvement of the Indians, can be most effectually secured by
+concentrating them upon portions of country set apart for their
+exclusive use and located at points remote from our highways and
+encroaching white settlements.
+
+Since the commencement of the second session of the Thirty-ninth
+Congress 510 miles of road have been constructed on the main line
+and branches of the Pacific Railway. The line from Omaha is rapidly
+approaching the eastern base of the Rocky Mountains, while the terminus
+of the last section of constructed road in California, accepted by the
+Government on the 24th day of October last, was but 11 miles distant
+from the summit of the Sierra Nevada. The remarkable energy evinced by
+the companies offers the strongest assurance that the completion of the
+road from Sacramento to Omaha will not be long deferred.
+
+During the last fiscal year 7,041,114 acres of public land were
+disposed of, and the cash receipts from sales and fees exceeded by
+one-half million dollars the sum realized from those sources during the
+preceding year. The amount paid to pensioners, including expenses of
+disbursements, was $18,619,956, and 36,482 names were added to the
+rolls. The entire number of pensioners on the 30th of June last was
+155,474. Eleven thousand six hundred and fifty-five patents and designs
+were issued during the year ending September 30, 1867, and at that
+date the balance in the Treasury to the credit of the patent fund
+was $286,607.
+
+The report of the Secretary of the Navy states that we have seven
+squadrons actively and judiciously employed, under efficient and able
+commanders, in protecting the persons and property of American citizens,
+maintaining the dignity and power of the Government, and promoting the
+commerce and business interests of our countrymen in every part of the
+world. Of the 238 vessels composing the present Navy of the United
+States, 56, carrying 507 guns, are in squadron service. During the year
+the number of vessels in commission has been reduced 12, and there
+are 13 less on squadron duty than there were at the date of the last
+report. A large number of vessels were commenced and in the course of
+construction when the war terminated, and although Congress had made the
+necessary appropriations for their completion, the Department has either
+suspended work upon them or limited the slow completion of the steam
+vessels, so as to meet the contracts for machinery made with private
+establishments. The total expenditures of the Navy Department for the
+fiscal year ending June 30, 1867, were $31,034,011. No appropriations
+have been made or required since the close of the war for the
+construction and repair of vessels, for steam machinery, ordnance,
+provisions and clothing, fuel, hemp, etc., the balances under these
+several heads having been more than sufficient for current expenditures.
+It should also be stated to the credit of the Department that, besides
+asking no appropriations for the above objects for the last two years,
+the Secretary of the Navy, on the 30th of September last, in accordance
+with the act of May 1, 1820, requested the Secretary of the Treasury to
+carry to the surplus fund the sum of $65,000,000, being the amount
+received from the sales of vessels and other war property and the
+remnants of former appropriations.
+
+The report of the Postmaster-General shows the business of the
+Post-Office Department and the condition of the postal service in a
+very favorable light, and the attention of Congress is called to its
+practical recommendations. The receipts of the Department for the
+year ending June 30, 1867, including all special appropriations for
+sea and land service and for free mail matter, were $19,978,693. The
+expenditures for all purposes were $19,235,483, leaving an unexpended
+balance in favor of the Department of $743,210, which can be applied
+toward the expenses of the Department for the current year. The increase
+of postal revenue, independent of specific appropriations, for the year
+1867 over that of 1866 was $850,040. The increase of revenue from the
+sale of stamps and stamped envelopes was $783,404. The increase of
+expenditures for 1867 over those of the previous year was owing chiefly
+to the extension of the land and ocean mail service. During the past
+year new postal conventions have been ratified and exchanged with the
+United Kingdom of Great Britain and Ireland, Belgium, the Netherlands,
+Switzerland, the North German Union, Italy, and the colonial government
+at Hong Kong, reducing very largely the rates of ocean and land postages
+to and from and within those countries.
+
+The report of the Acting Commissioner of Agriculture concisely presents
+the condition, wants, and progress of an interest eminently worthy the
+fostering care of Congress, and exhibits a large measure of useful
+results achieved during the year to which it refers.
+
+The reestablishment of peace at home and the resumption of extended
+trade, travel, and commerce abroad have served to increase the number
+and variety of questions in the Department for Foreign Affairs. None of
+these questions, however, have seriously disturbed our relations with
+other states.
+
+The Republic of Mexico, having been relieved from foreign intervention,
+is earnestly engaged in efforts to reestablish her constitutional system
+of government. A good understanding continues to exist between our
+Government and the Republics of Hayti and San Domingo, and our cordial
+relations with the Central and South American States remain unchanged.
+The tender, made in conformity with a resolution of Congress, of the
+good offices of the Government with a view to an amicable adjustment
+of peace between Brazil and her allies on one side and Paraguay on the
+other, and between Chile and her allies on the one side and Spain on the
+other, though kindly received, has in neither case been fully accepted
+by the belligerents. The war in the valley of the Parana is still
+vigorously maintained. On the other hand, actual hostilities between
+the Pacific States and Spain have been more than a year suspended.
+I shall, on any proper occasion that may occur, renew the conciliatory
+recommendations which have been already made. Brazil, with enlightened
+sagacity and comprehensive statesmanship, has opened the great channels
+of the Amazon and its tributaries to universal commerce. One thing more
+seems needful to assure a rapid and cheering progress in South America.
+I refer to those peaceful habits without which states and nations can
+not in this age well expect material prosperity or social advancement.
+
+The Exposition of Universal Industry at Paris has passed, and seems to
+have fully realized the high expectations of the French Government. If
+due allowance be made for the recent political derangement of industry
+here, the part which the United States has borne in this exhibition of
+invention and art may be regarded with very high satisfaction. During
+the exposition a conference was held of delegates from several nations,
+the United States being one, in which the inconveniences of commerce and
+social intercourse resulting from the diverse standards of money value
+were very fully discussed, and plans were developed for establishing
+by universal consent a common principle for the coinage of gold. These
+conferences are expected to be renewed, with the attendance of many
+foreign states not hitherto represented. A report of these interesting
+proceedings will be submitted to Congress, which will, no doubt, justly
+appreciate the great object and be ready to adopt any measure which may
+tend to facilitate its ultimate accomplishment.
+
+On the 25th of February, 1862, Congress declared by law that Treasury
+notes, without interest, authorized by that act should be legal tender
+in payment of all debts, public and private, within the United States.
+An annual remittance of $30,000, less stipulated expenses, accrues
+to claimants under the convention made with Spain in 1834. These
+remittances, since the passage of that act, have been paid in such
+notes. The claimants insist that the Government ought to require
+payment in coin. The subject may be deemed worthy of your attention.
+
+No arrangement has yet been reached for the settlement of our claims
+for British depredations upon the commerce of the United States. I have
+felt it my duty to decline the proposition of arbitration made by
+Her Majesty's Government, because it has hitherto been accompanied by
+reservations and limitations incompatible with the rights, interest, and
+honor of our country. It is not to be apprehended that Great Britain
+will persist in her refusal to satisfy these just and reasonable claims,
+which involve the sacred principle of nonintervention--a principle
+henceforth not more important to the United States than to all other
+commercial nations.
+
+The West India islands were settled and colonized by European States
+simultaneously with the settlement and colonization of the American
+continent. Most of the colonies planted here became independent nations
+in the close of the last and the beginning of the present century. Our
+own country embraces communities which at one period were colonies of
+Great Britain, France, Spain, Holland, Sweden, and Russia. The people
+in the West Indies, with the exception of those of the island of Hayti,
+have neither attained nor aspired to independence, nor have they become
+prepared for self-defense. Although possessing considerable commercial
+value, they have been held by the several European States which
+colonized or at some time conquered them, chiefly for purposes of
+military and naval strategy in carrying out European policy and designs
+in regard to this continent. In our Revolutionary War ports and harbors
+in the West India islands were used by our enemy, to the great injury
+and embarrassment of the United States. We had the same experience in
+our second war with Great Britain. The same European policy for a long
+time excluded us even from trade with the West Indies, while we were at
+peace with all nations. In our recent civil war the rebels and their
+piratical and blockade-breaking allies found facilities in the same
+ports for the work, which they too successfully accomplished, of
+injuring and devastating the commerce which we are now engaged in
+rebuilding. We labored especially under this disadvantage, that
+European steam vessels employed by our enemies found friendly shelter,
+protection, and supplies in West Indian ports, while our naval
+operations were necessarily carried on from our own distant shores.
+There was then a universal feeling of the want of an advanced naval
+outpost between the Atlantic coast and Europe. The duty of obtaining
+such an outpost peacefully and lawfully, while neither doing nor
+menacing injury to other states, earnestly engaged the attention of the
+executive department before the close of the war, and it has not been
+lost sight of since that time. A not entirely dissimilar naval want
+revealed itself during the same period on the Pacific coast. The
+required foothold there was fortunately secured by our late treaty with
+the Emperor of Russia, and it now seems imperative that the more obvious
+necessities of the Atlantic coast should not be less carefully provided
+for. A good and convenient port and harbor, capable of easy defense,
+will supply that want. With the possession of such a station by the
+United States, neither we nor any other American nation need longer
+apprehend injury or offense from any transatlantic enemy. I agree with
+our early statesmen that the West Indies naturally gravitate to, and
+may be expected ultimately to be absorbed by, the continental States,
+including our own. I agree with them also that it is wise to leave the
+question of such absorption to this process of natural political
+gravitation. The islands of St. Thomas and St. John, which constitute
+a part of the group called the Virgin Islands, seemed to offer us
+advantages immediately desirable, while their acquisition could be
+secured in harmony with the principles to which I have alluded. A treaty
+has therefore been concluded with the King of Denmark for the cession of
+those islands, and will be submitted to the Senate for consideration.
+
+It will hardly be necessary to call the attention of Congress to the
+subject of providing for the payment to Russia of the sum stipulated in
+the treaty for the cession of Alaska. Possession having been formally
+delivered to our commissioner, the territory remains for the present in
+care of a military force, awaiting such civil organization as shall be
+directed by Congress.
+
+The annexation of many small German States to Prussia and the
+reorganization of that country under a new and liberal constitution have
+induced me to renew the effort to obtain a just and prompt settlement of
+the long-vexed question concerning the claims of foreign states for
+military service from their subjects naturalized in the United States.
+
+In connection with this subject the attention of Congress is
+respectfully called to a singular and embarrassing conflict of laws.
+The executive department of this Government has hitherto uniformly held,
+as it now holds, that naturalization in conformity with the Constitution
+and laws of the United States absolves the recipient from his native
+allegiance. The courts of Great Britain hold that allegiance to the
+British Crown is indefeasible, and is not absolved by our laws of
+naturalization. British judges cite courts and law authorities of the
+United States in support of that theory against the position held by the
+executive authority of the United States. This conflict perplexes the
+public mind concerning the rights of naturalized citizens and impairs
+the national authority abroad. I called attention to this subject in my
+last annual message, and now again respectfully appeal to Congress to
+declare the national will unmistakably upon this important question.
+
+The abuse of our laws by the clandestine prosecution of the African
+slave trade from American ports or by American citizens has altogether
+ceased, and under existing circumstances no apprehensions of its renewal
+in this part of the world are entertained. Under these circumstances
+it becomes a question whether we shall not propose to Her Majesty's
+Government a suspension or discontinuance of the stipulations for
+maintaining a naval force for the suppression of that trade.
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 3, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for consideration with a view to ratification, a treaty
+between the United States and His Majesty the King of Denmark,
+stipulating for the cession of the islands of St. Thomas and St. John,
+in the West Indies.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 3, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for consideration with a view to ratification, a treaty of
+friendship, commerce, and navigation between the United States and the
+Republic of Nicaragua, signed at the city of Managua on the 21st day of
+June last. This instrument has been framed pursuant to the amendments
+of the Senate of the United States to the previous treaty between the
+parties of the 16th of March, 1859.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 4, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a final report from the Attorney-General, additional
+to the reports submitted by him December 31, 1866, March 2, 1867, and
+July 8, 1867, in reply to a resolution of the House of Representatives
+December 10, 1866, requesting "a list of the names of all persons
+engaged in the late rebellion against the United States Government who
+have been pardoned by the President from April 15, 1865, to this date;
+that said list shall also state the rank of each person who has been
+so pardoned, if he has been engaged in the military service of the
+so-called Confederate government, and the position if he shall have held
+any civil office under said so-called Confederate government; and shall
+also state whether such person has at anytime prior to April 14, 1861,
+held any office under the United States Government, and, if so, what
+office, together with the reason for granting such pardon, and also the
+names of the person or persons at whose solicitation such pardon was
+granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 4, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 26th
+ultimo, a report[30] from the Secretary of State, with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 30: Relating to the removal of J. Lothrop Motley from his post
+as minister of the United States at Vienna.]
+
+
+
+WASHINGTON, _December 5, 1867_.
+
+_To the House of Representatives_:
+
+
+In compliance with the resolution of the House of Representatives of the
+17th July last, requesting me to communicate all information received
+at the several Departments of the Government touching the organization
+within or near the territory of the United States of armed bodies of men
+for the purpose of avenging the death of the Archduke Maximilian or of
+intervening in Mexican affairs, and what measures have been taken to
+prevent the organization or departure of such organized bodies for the
+purpose of carrying out such objects, I transmit a report from the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 5, 1867_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, a commercial treaty between the United States of America
+and Her Majesty the Queen of Madagascar, signed at Antananarivo on the
+14th of February last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 10, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 25th
+ultimo, a report[31] from the Secretary of State, with accompanying
+papers.
+
+ANDREW JOHNSON.
+
+[Footnote 31: Relating to the formation and the functions of the
+Government of the united States of North Germany.]
+
+
+
+WASHINGTON, _December 10, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of a dispatch of the 17th of July last, addressed to
+the Secretary of State, and of the papers which accompanied it, from
+Anson Burlingame, esq., minister of the United States to China, relating
+to a proposed modification of the existing treaty between this
+Government and that of China.
+
+The Senate is aware that the original treaty is chiefly _ex parte_
+in its character. The proposed modification, though not of sufficient
+importance to warrant all the usual forms, does not seem to be
+objectionable; but it can not be legally accepted by the executive
+government without the advice and consent of the Senate. If this
+should be given, it may be indicated by a resolution, upon the adoption
+of which the United States minister to China will be instructed to
+inform the Government of that country that the modification has been
+assented to.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 12, 1867_.
+
+_To the Senate of the United States_:
+
+On the 12th of August last I suspended Mr. Stanton from the exercise of
+the office of Secretary of War, and on the same day designated General
+Grant to act as Secretary of War _ad interim_.
+
+The following are copies of the Executive orders:
+
+ EXECUTIVE MANSION,
+ _Washington, August 12, 1867_.
+
+ Hon. EDWIN M. STANTON,
+ _Secretary of War_.
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War _ad interim_,
+ all records, books, and other property now in your custody and charge.
+
+
+ EXECUTIVE MANSION,
+ _Washington, D.C., August 12, 1867_.
+
+ General ULYSSES S. GRANT,
+ _Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day suspended as
+ Secretary of War, you are hereby authorized and empowered to act as
+ Secretary of War _ad interim_, and will at once enter upon the discharge
+ of the duties of the office.
+
+ The Secretary of War has been instructed to transfer to you all the
+ records, books, papers, and other public property now in his custody and
+ charge.
+
+
+The following communication was received from Mr. Stanton:
+
+
+ WAR DEPARTMENT,
+ _Washington City, August 12, 1867_.
+
+ The PRESIDENT.
+
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers and authority vested in you as President by the
+ Constitution and laws of the United States I am suspended from office
+ as Secretary of War, and will cease to exercise any and all functions
+ pertaining to the same, and also directing me at once to transfer to
+ General Ulysses S. Grant, who has this day been authorized and empowered
+ to act as Secretary of War _ad interim_, all records, books, papers, and
+ other public property now in my custody and charge.
+
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+The suspension has not been revoked, and the business of the War
+Department is conducted by the Secretary _ad interim_.
+
+Prior to the date of this suspension I had come to the conclusion that
+the time had arrived when it was proper Mr. Stanton should retire from
+my Cabinet. The mutual confidence and general accord which should exist
+in such a relation had ceased. I supposed that Mr. Stanton was well
+advised that his continuance in the Cabinet was contrary to my wishes,
+for I had repeatedly given him so to understand by every mode short of
+an express request that he should resign. Having waited full time for
+the voluntary action of Mr. Stanton, and seeing no manifestation on his
+part of an intention to resign, I addressed him the following note on
+the 5th of August:
+
+
+ SIR: Public considerations of a high character constrain me to say
+ that your resignation as Secretary of War will be accepted.
+
+
+To this note I received the following reply:
+
+
+ WAR DEPARTMENT,
+ _Washington, August 5, 1867_.
+
+ SIR: Your note of this day has been received, stating that public
+ considerations of a high character constrain you to say that my
+ resignation as Secretary of War will be accepted.
+
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+
+
+This reply of Mr. Stanton was not merely a disinclination of compliance
+with the request for his resignation; it was a defiance, and something
+more. Mr. Stanton does not content himself with assuming that public
+considerations bearing upon his continuance in office form as fully
+a rule of action for himself as for the President, and that upon so
+delicate a question as the fitness of an officer for continuance in his
+office the officer is as competent and as impartial to decide as his
+superior, who is responsible for his conduct. But he goes further, and
+plainly intimates what he means by "public considerations of a high
+character," and this is nothing else than his loss of confidence in his
+superior. He says that these public considerations have "alone induced
+me to continue at the head of this Department," and that they "constrain
+me not to resign the office of Secretary of War before the next meeting
+of Congress."
+
+This language is very significant. Mr. Stanton holds the position
+unwillingly. He continues in office only under a sense of high public
+duty. He is ready to leave when it is safe to leave, and as the danger
+he apprehends from his removal then will not exist when Congress is
+here, he is constrained to remain during the interim. What, then, is
+that danger which can only be averted by the presence of Mr. Stanton or
+of Congress? Mr. Stanton does not say that "public considerations of a
+high character" constrain him to hold on to the office indefinitely. He
+does not say that no one other than himself can at any time be found to
+take his place and perform its duties. On the contrary, he expresses a
+desire to leave the office at the earliest moment consistent with these
+high public considerations. He says, in effect, that while Congress is
+away he must remain, but that when Congress is here he can go. In other
+words, he has lost confidence in the President. He is unwilling to leave
+the War Department in his hands or in the hands of anyone the President
+may appoint or designate to perform its duties. If he resigns, the
+President may appoint a Secretary of War that Mr. Stanton does not
+approve; therefore he will not resign. But when Congress is in session
+the President can not appoint a Secretary of War which the Senate does
+not approve; consequently when Congress meets Mr. Stanton is ready to
+resign.
+
+Whatever cogency these "considerations" may have had on Mr. Stanton,
+whatever right he may have had to entertain such considerations,
+whatever propriety there might be in the expression of them to others,
+one thing is certain, it was official misconduct, to say the least of
+it, to parade them before his superior officer.
+
+Upon the receipt of this extraordinary note I only delayed the order of
+suspension long enough to make the necessary arrangements to fill the
+office. If this were the only cause for his suspension, it would be
+ample. Necessarily it must end our most important official relations,
+for I can not imagine a degree of effrontery which would embolden the
+head of a Department to take his seat at the council table in the
+Executive Mansion after such an act; nor can I imagine a President so
+forgetful of the proper respect and dignity which belong to his office
+as to submit to such intrusion. I will not do Mr. Stanton the wrong to
+suppose that he entertained any idea of offering to act as one of my
+constitutional advisers after that note was written. There was an
+interval of a week between that date and the order of suspension, during
+which two Cabinet meetings were held. Mr. Stanton did not present
+himself at either, nor was he expected.
+
+On the 12th of August Mr. Stanton was notified of his suspension and
+that General Grant had been authorized to take charge of the Department.
+In his answer to this notification, of the same date, Mr. Stanton
+expresses himself as follows:
+
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+It will not escape attention that in his note of August 5 Mr. Stanton
+stated that he had been constrained to continue in the office, even
+before he was requested to resign, by considerations of a high public
+character. In this note of August 12 a new and different sense of public
+duty compels him to deny the President's right to suspend him from
+office without the consent of the Senate. This last is the public duty
+of resisting an act contrary to law, and he charges the President with
+violation of the law in ordering his suspension.
+
+Mr. Stanton refers generally to the Constitution and laws of the "United
+States," and says that a sense of public duty "under" these compels him
+to deny the right of the President to suspend him from office. As to his
+sense of duty under the Constitution, that will be considered in the
+sequel. As to his sense of duty under "the laws of the United States,"
+he certainly can not refer to the law which creates the War Department,
+for that expressly confers upon the President the unlimited right to
+remove the head of the Department. The only other law bearing upon
+the question is the tenure-of-office act, passed by Congress over the
+Presidential veto March 2, 1867. This is the law which, under a sense
+of public duty, Mr. Stanton volunteers to defend.
+
+There is no provision in this law which compels any officer coming
+within its provisions to remain in office. It forbids removals--not
+resignations. Mr. Stanton was perfectly free to resign at any moment,
+either upon his own motion or in compliance with a request or an order.
+It was a matter of choice or of taste. There was nothing compulsory in
+the nature of legal obligation. Nor does he put his action upon that
+imperative ground. He says he acts under a "sense of public duty," not
+of legal obligation, compelling him to hold on and leaving him no
+choice. The public duty which is upon him arises from the respect which
+he owes to the Constitution and the laws, violated in his own case.
+He is therefore compelled by this sense of public duty to vindicate
+violated law and to stand as its champion.
+
+This was not the first occasion in which Mr. Stanton, in discharge of
+a public duty, was called upon to consider the provisions of that law.
+That tenure-of-office law did not pass without notice. Like other acts,
+it was sent to the President for approval. As is my custom, I submitted
+its consideration to my Cabinet for their advice upon the question
+whether I should approve it or not. It was a grave question of
+constitutional law, in which I would, of course, rely most upon the
+opinion of the Attorney-General and of Mr. Stanton, who had once been
+Attorney-General.
+
+Every member of my Cabinet advised me that the proposed law was
+unconstitutional. All spoke without doubt or reservation, but Mr.
+Stanton's condemnation of the law was the most elaborate and emphatic.
+He referred to the constitutional provisions, the debates in Congress,
+especially to the speech of Mr. Buchanan when a Senator, to the
+decisions of the Supreme Court, and to the usage from the beginning of
+the Government through every successive Administration, all concurring
+to establish the right of removal as vested by the Constitution in the
+President. To all these he added the weight of his own deliberate
+judgment, and advised me that it was my duty to defend the power of
+the President from usurpation and to veto the law.
+
+I do not know when a sense of public duty is more imperative upon a head
+of Department than upon such an occasion as this. He acts then under the
+gravest obligations of law, for when he is called upon by the President
+for advice it is the Constitution which speaks to him. All his other
+duties are left by the Constitution to be regulated by statute, but this
+duty was deemed so momentous that it is imposed by the Constitution
+itself.
+
+After all this I was not prepared for the ground taken by Mr. Stanton in
+his note of August 12. I was not prepared to find him compelled by a new
+and indefinite sense of public duty, under "the Constitution," to assume
+the vindication of a law which, under the solemn obligations of public
+duty imposed by the Constitution itself, he advised me was a violation
+of that Constitution. I make great allowance for a change of opinion,
+but such a change as this hardly falls within the limits of greatest
+indulgence.
+
+Where our opinions take the shape of advice, and influence the action
+of others, the utmost stretch of charity will scarcely justify us in
+repudiating them when they come to be applied to ourselves.
+
+But to proceed with the narrative. I was so much struck with the full
+mastery of the question manifested by Mr. Stanton, and was at the time
+so fully occupied with the preparation of another veto upon the pending
+reconstruction act, that I requested him to prepare the veto upon this
+tenure-of-office bill. This he declined, on the ground of physical
+disability to undergo at the time the labor of writing, but stated his
+readiness to furnish what aid might be required in the preparation of
+materials for the paper.
+
+At the time this subject was before the Cabinet it seemed to be taken
+for granted that as to those members of the Cabinet who had been
+appointed by Mr. Lincoln their tenure of office was not fixed by the
+provisions of the act. I do not remember that the point was distinctly
+decided, but I well recollect that it was suggested by one member of the
+Cabinet who was appointed by Mr. Lincoln, and that no dissent was
+expressed.
+
+Whether the point was well taken or not did not seem to me of any
+consequence, for the unanimous expression of opinion against the
+constitutionality and policy of the act was so decided that I felt no
+concern, so far as the act had reference to the gentlemen then present,
+that I would be embarrassed in the future. The bill had not then become
+a law. The limitation upon the power of removal was not yet imposed, and
+there was yet time to make any changes. If any one of these gentlemen
+had then said to me that he would avail himself of the provisions of
+that bill in case it became a law, I should not have hesitated a moment
+as to his removal. No pledge was then expressly given or required.
+But there are circumstances when to give an expressed pledge is not
+necessary, and when to require it is an imputation of possible bad
+faith. I felt that if these gentlemen came within the purview of the
+bill it was as to them a dead letter, and that none of them would ever
+take refuge under its provisions.
+
+I now pass to another subject. When, on the 15th of April, 1865, the
+duties of the Presidential office devolved upon me, I found a full
+Cabinet of seven members, all of them selected by Mr. Lincoln.
+I made no change. On the contrary, I shortly afterwards ratified a
+change determined upon by Mr. Lincoln, but not perfected at his death,
+and admitted his appointee, Mr. Harlan, in the place of Mr. Usher, who
+was in office at the time.
+
+The great duty of the time was to reestablish government, law, and order
+in the insurrectionary States. Congress was then in recess, and the
+sudden overthrow of the rebellion required speedy action. This grave
+subject had engaged the attention of Mr. Lincoln in the last days of his
+life, and the plan according to which it was to be managed had been
+prepared and was ready for adoption. A leading feature of that plan was
+that it should be carried out by the Executive authority, for, so far as
+I have been informed, neither Mr. Lincoln nor any member of his Cabinet
+doubted his authority to act or proposed to call an extra session of
+Congress to do the work. The first business transacted in Cabinet after
+I became President was this unfinished business of my predecessor.
+A plan or scheme of reconstruction was produced which had been prepared
+for Mr. Lincoln by Mr. Stanton, his Secretary of War. It was approved,
+and at the earliest moment practicable was applied in the form of a
+proclamation to the State of North Carolina, and afterwards became the
+basis of action in turn for the other States.
+
+Upon the examination of Mr. Stanton before the Impeachment Committee he
+was asked the following question:
+
+ Did any one of the Cabinet express a doubt of the power of the executive
+ branch of the Government to reorganize State governments which had been
+ in rebellion without the aid of Congress?
+
+
+He answered:
+
+ None whatever. I had myself entertained no doubt of the authority of the
+ President to take measures for the organization of the rebel States on
+ the plan proposed during the vacation of Congress and agreed in the plan
+ specified in the proclamation in the case of North Carolina.
+
+
+There is perhaps no act of my Administration for which I have been more
+denounced than this. It was not originated by me, but I shrink from no
+responsibility on that account, for the plan approved itself to my own
+judgment, and I did not hesitate to carry it into execution.
+
+Thus far and upon this vital policy there was perfect accord between the
+Cabinet and myself, and I saw no necessity for a change. As time passed
+on there was developed an unfortunate difference of opinion and of
+policy between Congress and the President upon this same subject and
+upon the ultimate basis upon which the reconstruction of these States
+should proceed, especially upon the question of negro suffrage. Upon
+this point three members of the Cabinet found themselves to be in
+sympathy with Congress. They remained only long enough to see that the
+difference of policy could not be reconciled. They felt that they should
+remain no longer, and a high sense of duty and propriety constrained
+them to resign their positions. We parted with mutual respect for the
+sincerity of each other in opposite opinions, and mutual regret that the
+difference was on points so vital as to require a severance of official
+relations. This was in the summer of 1866. The subsequent sessions of
+Congress developed new complications, when the suffrage bill for the
+District of Columbia and the reconstruction acts of March 2 and March
+23, 1867, all passed over the veto. It was in Cabinet consultations upon
+these bills that a difference of opinion upon the most vital points was
+developed. Upon these questions there was perfect accord between all the
+members of the Cabinet and myself, except Mr. Stanton. He stood alone,
+and the difference of opinion could not be reconciled. That unity of
+opinion which, upon great questions of public policy or administration,
+is so essential to the Executive was gone.
+
+I do not claim that a head of Department should have no other opinions
+than those of the President. He has the same right, in the conscientious
+discharge of duty, to entertain and express his own opinions as has the
+President. What I do claim is that the President is the responsible head
+of the Administration, and when the opinions of a head of Department are
+irreconcilably opposed to those of the President in grave matters of
+policy and administration there is but one result which can solve the
+difficulty, and that is a severance of the official relation. This in
+the past history of the Government has always been the rule, and it is a
+wise one, for such differences of opinion among its members must impair
+the efficiency of any Administration.
+
+I have now referred to the general grounds upon which the withdrawal
+or Mr. Stanton from my Administration seemed to me to be proper and
+necessary, but I can not omit to state a special ground, which, if it
+stood alone, would vindicate my action.
+
+The sanguinary riot which occurred in the city of New Orleans on the
+30th of August, 1866, justly aroused public indignation and public
+inquiry, not only as to those who were engaged in it, but as to those
+who, more or less remotely, might be held to responsibility for its
+occurrence. I need not remind the Senate of the effort made to fix that
+responsibility on the President. The charge was openly made, and again
+and again reiterated all through the land, that the President was warned
+in time, but refused to interfere.
+
+By telegrams from the lieutenant-governor and attorney-general of
+Louisiana, dated the 27th and 28th of August, I was advised that a body
+of delegates claiming to be a constitutional convention were about to
+assemble in New Orleans; that the matter was before the grand jury, but
+that it would be impossible to execute civil process without a riot; and
+this question was asked:
+
+ Is the military to interfere to prevent process of court?
+
+
+This question was asked at a time when the civil courts were in the full
+exercise of their authority, and the answer sent by telegraph on the
+same 28th of August was this:
+
+ The military will be expected to sustain, and not to interfere with,
+ the proceedings of the courts.
+
+
+On the same 28th of August the following telegram was sent to Mr.
+Stanton by Major-General Baird, then (owing to the absence of General
+Sheridan) in command of the military at New Orleans:
+
+
+ Hon. EDWIN M. STANTON,
+ _Secretary of War_:
+
+ A convention has been called, with the sanction of Governor Wells, to
+ meet here on Monday. The lieutenant-governor and city authorities think
+ it unlawful, and propose to break it up by arresting the delegates.
+ I have given no orders on the subject, but have warned the parties that
+ I could not countenance or permit such action without instructions to
+ that effect from the President. Please instruct me at once by telegraph.
+
+
+The 28th of August was on Saturday. The next morning, the 29th, this
+dispatch was received by Mr. Stanton at his residence in this city. He
+took no action upon it, and neither sent instructions to General Baird
+himself nor presented it to me for such instructions. On the next day
+(Monday) the riot occurred. I never saw this dispatch from General Baird
+until some ten days or two weeks after the riot, when, upon my call for
+all the dispatches, with a view to their publication, Mr. Stanton sent
+it to me.
+
+These facts all appear in the testimony of Mr. Stanton before the
+Judiciary Committee in the impeachment investigation.
+
+On the 30th, the day of the riot, and after it was suppressed, General
+Baird wrote to Mr. Stanton a long letter, from which I make the
+following extract:
+
+ SIR: I have the honor to inform you that a very serious riot has
+ occurred here to-day. I had not been applied to by the convention
+ for protection, but the lieutenant-governor and the mayor had freely
+ consulted with me, and I was so fully convinced that it was so strongly
+ the intent of the city authorities to preserve the peace, in order to
+ prevent military interference, that I did not regard an outbreak as a
+ thing to be apprehended. The lieutenant-governor had assured me that
+ even if a writ of arrest was issued by the court the sheriff would not
+ attempt to serve it without my permission, and for to-day they designed
+ to suspend it. I inclose herewith copies of my correspondence with the
+ mayor and of a dispatch which the lieutenant-governor claims to have
+ received from the President. I regret that no reply to my dispatch to
+ you of Saturday has yet reached me. General Sheridan is still absent
+ in Texas.
+
+
+The dispatch of General Baird of the 28th asks for immediate
+instructions, and his letter of the 30th, after detailing the terrible
+riot which had just happened, ends with the expression of regret that
+the instructions which he asked for were not sent. It is not the fault
+or the error or the omission of the President that this military
+commander was left without instructions; but for all omissions, for
+all errors, for all failures to instruct when instruction might have
+averted this calamity, the President was openly and persistently held
+responsible. Instantly, without waiting for proof, the delinquency of
+the President was heralded in every form of utterance. Mr. Stanton knew
+then that the President was not responsible for this delinquency. The
+exculpation was in his power, but it was not given by him to the public,
+and only to the President in obedience to a requisition for all the
+dispatches.
+
+No one regrets more than myself that General Baird's request was not
+brought to my notice. It is clear from his dispatch and letter that if
+the Secretary of War had given him proper instructions the riot which
+arose on the assembling of the convention would have been averted.
+
+There may be those ready to say that I would have given no instructions
+even if the dispatch had reached me in time, but all must admit that
+I ought to have had the opportunity.
+
+The following is the testimony given by Mr. Stanton before the
+impeachment investigation committee as to this dispatch:
+
+
+ Q. Referring to the dispatch of the 28th of July by General Baird, I ask
+ you whether that dispatch on its receipt was communicated?
+
+ A. I received that dispatch on Sunday forenoon. I examined it carefully,
+ and considered the question presented. I did not see that I could give
+ any instructions different from the line of action which General Baird
+ proposed, and made no answer to the dispatch.
+
+ Q. I see it stated that this was received at 10.20 p.m. Was that the
+ hour at which it was received by you?
+
+ A. That is the date of its reception in the telegraph office Saturday
+ night. I received it on Sunday forenoon at my residence. A copy of the
+ dispatch was furnished to the President several days afterwards, along
+ with all the other dispatches and communications on that subject, but it
+ was not furnished by me before that time. I suppose it may have been ten
+ or fifteen days afterwards.
+
+ Q. The President himself being in correspondence with those parties upon
+ the same subject, would it not have been proper to have advised him of
+ the reception of that dispatch?
+
+ A. I know nothing about his correspondence, and know nothing about any
+ correspondence except this one dispatch. We had intelligence of the riot
+ on Thursday morning. The riot had taken place on Monday.
+
+
+It is a difficult matter to define all the relations which exist between
+the heads of Departments and the President. The legal relations are well
+enough defined. The Constitution places these officers in the relation
+of his advisers when he calls upon them for advice. The acts of Congress
+go further. Take, for example, the act of 1789 creating the War
+Department. It provides that--
+
+ There shall be a principal officer therein to be called the Secretary
+ for the Department of War, who shall perform and execute such duties
+ as shall from time to time be enjoined on or intrusted to him by the
+ President of the United States; and, furthermore, the said principal
+ officer shall conduct the business of the said Department in such manner
+ as the President of the United States shall from time to time order and
+ instruct.
+
+
+Provision is also made for the appointment of an inferior officer by the
+head of the Department, to be called the chief clerk, "who, whenever
+said principal officer shall be removed from office by the President
+of the United States," shall have the charge and custody of the books,
+records, and papers of the Department.
+
+The legal relation is analogous to that of principal and agent. It is
+the President upon whom the Constitution devolves, as head of the
+executive department, the duty to see that the laws are faithfully
+executed; but as he can not execute them in person, he is allowed to
+select his agents, and is made responsible for their acts within just
+limits. So complete is this presumed delegation of authority in the
+relation of a head of Department to the President that the Supreme Court
+of the United States have decided that an order made by a head of
+Department is presumed to be made by the President himself.
+
+The principal, upon whom such responsibility is placed for the acts
+of a subordinate, ought to be left as free as possible in the matter
+of selection and of dismissal. To hold him to responsibility for an
+officer beyond his control; to leave the question of the fitness of
+such an agent to be decided _for_ him and not _by_ him; to allow such
+a subordinate, when the President, moved by "public considerations of
+a high character," requests his resignation, to assume for himself an
+equal right to act upon his own views of "public considerations" and to
+make his own conclusions paramount to those of the President--to allow
+all this is to reverse the just order of administration and to place
+the subordinate above the superior.
+
+There are, however, other relations between the President and
+a head of Department beyond these defined legal relations, which
+necessarily attend them, though not expressed. Chief among these is
+mutual confidence. This relation is so delicate that it is sometimes
+hard to say when or how it ceases. A single flagrant act may end
+it at once, and then there is no difficulty. But confidence may be
+just as effectually destroyed by a series of causes too subtle for
+demonstration. As it is a plant of slow growth, so, too, it may be
+slow in decay. Such has been the process here. I will not pretend to say
+what acts or omissions have broken up this relation. They are hardly
+susceptible of statement, and still less of formal proof. Nevertheless,
+no one can read the correspondence of the 5th of August without being
+convinced that this relation was effectually gone on both sides, and
+that while the President was unwilling to allow Mr. Stanton to remain
+in his Administration, Mr. Stanton was equally unwilling to allow the
+President to carry on his Administration without his presence.
+
+In the great debate which took place in the House of Representatives
+in 1789, in the first organization of the principal Departments, Mr.
+Madison spoke as follows:
+
+ It is evidently the intention of the Constitution that the first
+ magistrate should be responsible for the executive department. So far,
+ therefore, as we do not make the officers who are to aid him in the
+ duties of that department responsible to him, he is not responsible
+ to the country. Again: Is there no danger that an officer, when he is
+ appointed by the concurrence of the Senate and has friends in that body,
+ may choose rather to risk his establishment on the favor of that branch
+ than rest it upon the discharge of his duties to the satisfaction of the
+ executive branch, which is constitutionally authorized to inspect and
+ control his conduct? And if it should happen that the officers connect
+ themselves with the Senate, they may mutually support each other, and
+ for want of efficacy reduce the power of the President to a mere
+ vapor, in which case his responsibility would be annihilated, and the
+ expectation of it is unjust. The high executive officers, joined in
+ cabal with the Senate, would lay the foundation of discord, and end in
+ an assumption of the executive power only to be removed by a revolution
+ in the Government.
+
+
+Mr. Sedgwick, in the same debate, referring to the proposition that
+a head of Department should only be removed or suspended by the
+concurrence of the Senate, used this language:
+
+ But if proof be necessary, what is then the consequence? Why, in nine
+ cases out of ten, where the case is very clear to the mind of the
+ President that the man ought to be removed, the effect can not be
+ produced, because it is absolutely impossible to produce the necessary
+ evidence. Are the Senate to proceed without evidence? Some gentlemen
+ contend not. Then the object will be lost. Shall a man under these
+ circumstances be saddled upon the President who has been appointed for
+ no other purpose but to aid the President in performing certain duties?
+ Shall he be continued, I ask again, against the will of the President?
+ If he is, where is the responsibility? Are you to look for it in the
+ President, who has no control over the officer, no power to remove him
+ if he acts unfeelingly or unfaithfully? Without you make him responsible
+ you weaken and destroy the strength and beauty of your system. What is
+ to be done in cases which can only be known from a long acquaintance
+ with the conduct of an officer?
+
+
+I had indulged the hope that upon the assembling of Congress
+Mr. Stanton would have ended this unpleasant complication according
+to his intimation given in his note of August 12. The duty which I have
+felt myself called upon to perform was by no means agreeable, but I feel
+that I am not responsible for the controversy or for the consequences.
+
+Unpleasant as this necessary change in my Cabinet has been to me upon
+personal considerations, I have the consolation to be assured that so
+far as the public interests are involved there is no cause for regret.
+
+Salutary reforms have been introduced by the Secretary _ad interim_, and
+great reductions of expenses have been effected under his administration
+of the War Department, to the saving of millions to the Treasury.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+9th instant, I transmit herewith a copy of the papers relating to the
+trial by a military commission of Albert M.D.C. Lusk, of Louisiana.
+No action in the case has yet been taken by the President.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the House of Representatives_:
+
+I transmit for the information of the House of Representatives a report
+from the Secretary of State, with an accompanying paper.[32]
+
+ANDREW JOHNSON.
+
+[Footnote 32: Report of George H. Sharpe relative to the assassination
+of President Lincoln and the attempted assassination of Secretary
+Seward.]
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 6th instant,
+concerning the International Monetary Conference held at Paris in
+June last, I transmit a report from the Secretary of State, which
+is accompanied by the papers called for by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate, an agreement between
+the diplomatic representatives of certain foreign powers in Japan,
+including the minister of the United States, on the one part, and
+plenipotentiaries on the part of the Japanese Government, relative
+to the settlement of Yokohama.
+
+This instrument can not be legally binding upon the United States unless
+sanctioned by the Senate. There appears to be no objection to its
+approval.
+
+A copy of General Van Valkenburgh's dispatch to the Secretary of State,
+by which the agreement was accompanied, and of the map to which it
+refers, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 18, 1867_.
+
+_Gentlemen of the Senate and of the House of Representatives_:
+
+An official copy of the order issued by Major-General Winfield S.
+Hancock, commander of the Fifth Military District, dated headquarters in
+New Orleans, La., on the 29th day of November, has reached me through
+the regular channels of the War Department, and I herewith communicate
+it to Congress for such action as may seem to be proper in view of all
+the circumstances.
+
+It will be perceived that General Hancock announces that he will make
+the law the rule of his conduct; that he will uphold the courts and
+other civil authorities in the performance of their proper duties, and
+that he will use his military power only to preserve the peace and
+enforce the law. He declares very explicitly that the sacred right of
+the trial by jury and the privilege of the writ of _habeas corpus_ shall
+not be crushed out or trodden under foot. He goes further, and in one
+comprehensive sentence asserts that the principles of American liberty
+are still the inheritance of this people and ever should be.
+
+When a great soldier, with unrestricted power in his hands to oppress
+his fellow-men, voluntarily foregoes the chance of gratifying his
+selfish ambition and devotes himself to the duty of building up the
+liberties and strengthening the laws of his country, he presents an
+example of the highest public virtue that human nature is capable of
+practicing. The strongest claim of Washington to be "first in war,
+first in peace, and first in the hearts of his countrymen" is founded
+on the great fact that in all his illustrious career he scrupulously
+abstained from violating the legal and constitutional rights of his
+fellow-citizens. When he surrendered his commission to Congress, the
+President of that body spoke his highest praise in saying that he had
+"always regarded the rights of the civil authorities through all dangers
+and disasters." Whenever power above the law courted his acceptance, he
+calmly put the temptation aside. By such magnanimous acts of forbearance
+he won the universal admiration of mankind and left a name which has no
+rival in the history of the world.
+
+I am far from saying that General Hancock is the only officer of the
+American Army who is influenced by the example of Washington. Doubtless
+thousands of them are faithfully devoted to the principles for which the
+men of the Revolution laid down their lives. But the distinguished honor
+belongs to him of being the first officer in high command south of the
+Potomac, since the close of the civil war, who has given utterance to
+these noble sentiments in the form of a military order.
+
+I respectfully suggest to Congress that some public recognition of
+General Hancock's patriotic conduct is due, if not to him, to the friends
+of law and justice throughout the country. Of such an act as his at such
+a time it is but fit that the dignity should be vindicated and the virtue
+proclaimed, so that its value as an example may not be lost to the nation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 19, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to a resolution of that body
+of the 16th instant, a report[33] from the Secretary of State, with
+accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 33: Relating to the removal of Governor Ballard, of the
+Territory of Idaho.]
+
+
+
+WASHINGTON, _December 20, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit to Congress a report, dated the 20th instant,
+with the accompanying papers, received from the Secretary of State in
+compliance with the requirements of the eighteenth section of the act
+entitled "An act to regulate the diplomatic and consular systems of
+the United States," approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 31, 1867_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+18th instant, requesting information concerning alleged interference
+by Russian naval vessels with whaling vessels of the United States,
+I transmit a report from the Secretary of State and the papers referred
+to therein.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 6, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report from the Secretary of the
+Treasury, containing the information requested in their resolution of
+the 16th ultimo, relative to the amount of United States bonds issued to
+the Union Pacific Railroad Company and each of its branches, including
+the Central Pacific Railroad Company of California.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making inquiry
+how many and what State legislatures have ratified the proposed
+amendment to the Constitution of the United States known as the
+fourteenth article.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1868_.
+
+_To the Senate and House of Representatives_:
+
+A Spanish steamer named _Nuestra Señora_ being in the harbor of Port
+Royal, S.C., on the 1st of December, 1861, Brigadier General T.W.
+Sherman, who was in command of the United States forces there, received
+information which he supposed justified him in seizing her, as she was
+on her way from Charleston to Havana with insurgent correspondence on
+board. The seizure was made accordingly, and during the ensuing spring
+the vessel was sent to New York, in order that the legality of the
+seizure might be tried.
+
+By a decree of June 20, 1863, Judge Betts ordered the vessel to be
+restored, and by a subsequent decree, of October 15, 1863, he referred
+the adjustment of damages to amicable negotiations between the two
+Governments.
+
+While the proceeding in admiralty was pending, the vessel was appraised
+and taken by the Navy Department at the valuation of $28,000, which sum
+that Department paid into the Treasury.
+
+As the amount of this valuation can not legally be drawn from the
+Treasury without authority from Congress, I recommend an appropriation
+for that purpose.
+
+It is proposed to appoint a commissioner on the part of this Government
+to adjust, informally in this case, with a similar commissioner on the
+part of Spain, the question of damages, the commissioners to name an
+arbiter for points upon which they may disagree. When the amount of the
+damages shall thus have been ascertained, application will be made to
+Congress for a further appropriation toward paying them.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 14, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of War _ad
+interim_, with the accompanying papers, prepared in compliance with a
+resolution of the House of Representatives of March 15, 1867, requesting
+information in reference to contracts for ordnance projectiles and small
+arms.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 14, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the report made by the commissioners appointed under
+the act of Congress approved on the 20th day of July, 1867, entitled
+"An act to establish peace with certain hostile Indian tribes," together
+with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 14, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of yesterday, calling for
+information relating to the appointment of the American minister at
+Pekin to a diplomatic or other mission on behalf of the Chinese
+Government by the Emperor of China, I transmit a report from the
+Secretary of State upon the subject, together with the accompanying
+papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _January 14, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+the following treaties, concluded at "Medicine Lodge Creek," Kansas,
+between the Indian tribes therein named and the United States, by their
+commissioners appointed by the act of Congress approved July 20, 1867,
+entitled "An act to establish peace with certain hostile Indian tribes,"
+viz:
+
+A treaty with the Kiowa and Comanche tribes, concluded October 21, 1867.
+
+A treaty with the Kiowa, Comanche, and Apache tribes, concluded October
+28, 1867.
+
+A treaty with the Arapahoe and Cheyenne tribes, dated October 28, 1867.
+
+A letter of this date from the Secretary of the Interior, transmitting
+said treaties, is herewith inclosed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 17, 1868_.
+
+_To the Senate of the United States_:
+
+With reference to the convention between the United States and Denmark
+for the cession of the islands of St. Thomas and St. John, in the West
+Indies, I transmit a report from the Secretary of State on the subject
+of the vote of St. Thomas on the question of accepting the cession.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 23, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the request of the Senate of yesterday, I return
+herewith their resolution of the 21st instant, calling for information
+in reference to James A. Seddon, late Secretary of War of the so-called
+Confederate States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 23, 1868_.
+
+_To the Senate of the United States_:
+
+I have received the following preamble and resolution, adopted by the
+Senate on the 8th instant:
+
+
+ Whereas Senate bill No. 141, and entitled "An act for the further
+ security of equal rights in the District of Columbia," having at this
+ present session passed both Houses of Congress, was afterwards, on the
+ 11th day of December, 1867, duly presented to the President of the
+ United States for his approval and signature; and
+
+ Whereas more than ten days, exclusive of Sundays, have since elapsed in
+ this session without said bill having been returned, either approved or
+ disapproved: Therefore,
+
+ _Resolved_, That the President of the United States be requested to
+ inform the Senate whether said bill has been delivered to and received
+ by the Secretary of State, as provided by the second section of the act
+ of the 27th day of July, 1789.
+
+
+As the act which the resolution mentions has no relevancy to the subject
+under inquiry, it is presumed that it was the intention of the Senate to
+refer to the law of the 15th September, 1789, the second section of
+which prescribes--
+
+ That whenever a bill, order, resolution, or vote of the Senate and
+ House of Representatives, having been approved and signed by the
+ President of the United States, or not having been returned by him with
+ his objections, shall become a law or take effect, it shall forthwith
+ thereafter be received by the said Secretary from the President; and
+ whenever a bill, order, resolution, or vote shall be returned by the
+ President with his objections, and shall, on being reconsidered, be
+ agreed to be passed, and be approved by two-thirds of both Houses of
+ Congress, and thereby become a law or take effect, it shall in such
+ case be received by the said Secretary from the President of the Senate
+ or the Speaker of the House of Representatives, in whichsoever House it
+ shall last have been so approved.
+
+
+Inasmuch as the bill "for the further security of equal rights in the
+District of Columbia" has not become a law in either of the modes
+designated in the section above quoted, it has not been delivered to
+the Secretary of State for record and promulgation. The Constitution
+expressly declares that--
+
+ If any bill shall not be returned by the President within ten days
+ (Sundays excepted) after it shall have been presented to him, the
+ same shall be a law in like manner as if he had signed it, unless
+ the Congress by their adjournment prevent its return, in which case
+ it shall not be a law.
+
+
+As stated in the preamble to the resolution, the bill to which it refers
+was presented for my approval on the 11th day of December, 1867. On the
+20th of same month, and before the expiration of the ten days after the
+presentation of the bill to the President, the two Houses, in accordance
+with a concurrent resolution adopted on the 3d [13th] of December,
+adjourned until the 6th of January, 1868. Congress by their adjournment
+thus prevented the return of the bill within the time prescribed by the
+Constitution, and it was therefore left in the precise condition in
+which that instrument positively declares a bill "shall not be a law."
+
+If the adjournment in December did not cause the failure of this bill,
+because not such an adjournment as is contemplated by the Constitution
+in the clause which I have cited, it must follow that such was the
+nature of the adjournments during the past year, on the 30th day of
+March until the first Wednesday of July and from the 20th of July until
+the 21st of November. Other bills will therefore be affected by the
+decision which may be rendered in this case, among them one having the
+same title as that named in the resolution, and containing similar
+provisions, which, passed by both Houses in the month of July last,
+failed to become a law by reason of the adjournment of Congress before
+ten days for its consideration had been allowed the Executive.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the
+22d instant, calling for a copy of the report of Abram S. Hewitt,
+commissioner of the United States to the Paris Universal Exhibition of
+1867, I transmit a report from the Secretary of State and the papers
+which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a report from the Secretary of State and the documents to
+which it refers, in relation to the formal transfer of territory from
+Russia to the United States in accordance with the treaty of the 30th
+of March last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 28, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to its
+ratification, an additional article to the treaty of navigation and
+commerce with Russia of the 18th of December, 1832, which additional
+article was concluded and signed between the plenipotentiaries of the
+two Governments at Washington on the 27th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, suggesting
+the necessity for a further appropriation toward defraying the expense
+of employing copying clerks, with a view to enable his Department
+seasonably to answer certain calls for information.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 27th
+ultimo, directing the Secretary of State to furnish information in
+regard to the trial of John H. Surratt, I transmit a report from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[34] from the Secretary of State, in answer
+to a resolution of the House of Representatives of the 28th of January.
+
+ANDREW JOHNSON.
+
+[Footnote 34: Relating to the famine in Sweden and Norway.]
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+relative to depredations upon and the future care of the reservations
+of lands for the "purpose of supplying timber for the Navy of the
+United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 10, 1868_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 1st
+instant, I transmit herewith a report from the Postmaster-General, in
+reference to the appointment of a special agent to take charge of the
+post-office at Penn Yan, in the State of New York.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with the accompanying
+papers, on the subject of a transfer of the Peninsula and Bay of Samana
+to the United States. The advice and consent of the Senate to the
+transfer, upon the terms proposed in the draft of a convention with the
+Dominican Republic, are requested.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, the accompanying consular convention between the
+United States and the Government of His Majesty the King of Italy.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, prepared
+in compliance with the resolution of the Senate of the 30th ultimo,
+requesting information as to the number of justices of the peace now
+in commission in each ward, respectively, of the city of Washington.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 25th
+of November, 1867, calling for information in relation to the trial and
+conviction of American citizens in Great Britain and Ireland for the
+two years last past, I transmit a partial report from the Secretary of
+State, which is accompanied by a portion of the papers called for by
+the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 11, 1868_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution adopted yesterday by the House of
+Representatives, requesting any further correspondence the President
+"may have had with General U.S. Grant, in addition to that heretofore
+submitted, on the subject of the recent vacation by the latter of the
+War Office," I transmit herewith a copy of a communication addressed
+to General Grant on the 10th instant, together with a copy of the
+accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 10, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Armies of the United States, Washington, D.C._
+
+GENERAL: The extraordinary character of your letter of the 3d instant[35]
+would seem to preclude any reply on my part; but the manner in which
+publicity has been given to the correspondence of which that letter
+forms a part and the grave questions which are involved induce me to
+take this mode of giving, as a proper sequel to the communications which
+have passed between us, the statements of the five members of the
+Cabinet who were present on the occasion of our conversation on the 14th
+ultimo. Copies of the letters which they have addressed to me upon the
+subject are accordingly herewith inclosed.
+
+You speak of my letter of the 31st ultimo[36] as a reiteration of the
+"many and gross misrepresentations" contained in certain newspaper
+articles, and reassert the correctness of the statements contained in
+your communication of the 28th ultimo,[37] adding--and here I give your
+own words--"anything in yours in reply to it to the contrary
+notwithstanding."
+
+When a controversy upon matters of fact reaches the point to which this
+has been brought, further assertion or denial between the immediate
+parties should cease, especially where upon either side it loses
+the character of the respectful discussion which is required by the
+relations in which the parties stand to each other and degenerates in
+tone and temper. In such a case, if there is nothing to rely upon but
+the opposing statements, conclusions must be drawn from those statements
+alone and from whatever intrinsic probabilities they afford in favor of
+or against either of the parties. I should not shrink from this test in
+this controversy; but, fortunately, it is not left to this test alone.
+There were five Cabinet officers present at the conversation the detail
+of which in my letter of the 28th [31st[37]] ultimo you allow yourself
+to say contains "many and gross misrepresentations." These gentlemen
+heard that conversation and have read my statement. They speak for
+themselves, and I leave the proof without a word of comment.
+
+I deem it proper before concluding this communication to notice some of
+the statements contained in your letter.
+
+You say that a performance of the promises alleged to have been made by
+you to the President "would have involved a resistance to law and an
+inconsistency with the whole history of my connection with the
+suspension of Mr. Stanton." You then state that you had fears the
+President would, on the removal of Mr. Stanton, appoint someone in his
+place who would embarrass the Army in carrying out the reconstruction
+acts, and add:
+
+"It was to prevent such an appointment that I accepted the office of
+Secretary of War _ad interim_, and not for the purpose of enabling you
+to get rid of Mr. Stanton by withholding it from him in opposition to
+law, or, not doing so myself, surrendering it to one who would, as the
+statements and assumptions in your communication plainly indicate was
+sought."
+
+First of all, you here admit that from the very beginning of what
+you term "the whole history" of your connection with Mr. Stanton's
+suspension you intended to circumvent the President. It was to carry out
+that intent that you accepted the appointment. This was in your mind at
+the time of your acceptance. It was not, then, in obedience to the order
+of your superior, as has heretofore been supposed, that you assumed the
+duties of the office. You knew it was the President's purpose to prevent
+Mr. Stanton from resuming the office of Secretary of War, and you
+intended to defeat that purpose. You accepted the office, not in the
+interest of the President but of Mr. Stanton. If this purpose, so
+entertained by you, had been confined to yourself; if when accepting
+the office you had done so with a mental reservation to frustrate the
+President, it would have been a tacit deception. In the ethics of some
+persons such a course is allowable. But you can not stand even upon
+that questionable ground. The "history" of your connection with this
+transaction, as written by yourself, places you in a different
+predicament, and shows that you not only concealed your design from
+the President, but induced him to suppose that you would carry out his
+purpose to keep Mr. Stanton out of office by retaining it yourself after
+an attempted restoration by the Senate, so as to require Mr. Stanton to
+establish his right by judicial decision.
+
+I now give that part of this "history" as written by yourself in your
+letter of the 28th ultimo:[38]
+
+"Some time after I assumed the duties of Secretary of War _ad interim_
+the President asked me my views as to the course Mr. Stanton would have
+to pursue, in case the Senate should not concur in his suspension, to
+obtain possession of his office. My reply was, in substance, that
+Mr. Stanton would have to appeal to the courts to reinstate him,
+illustrating my position by citing the ground I had taken in the case
+of the Baltimore police commissioners."
+
+Now, at that time, as you admit in your letter of the 3d instant,[39]
+you held the office for the very object of defeating an appeal to the
+courts. In that letter you say that in accepting the office one motive
+was to prevent the President from appointing some other person who would
+retain possession, and thus make judicial proceedings necessary. You
+knew the President was unwilling to trust the office with anyone who
+would not by holding it compel Mr. Stanton to resort to the courts.
+You perfectly understood that in this interview, "some time" after
+you accepted the office, the President, not content with your silence,
+desired an expression of your views, and you answered him that Mr.
+Stanton "would have to appeal to the courts." If the President reposed
+confidence _before_ he knew your views, and that confidence had been
+violated, it might have been said he made a mistake; but a violation of
+confidence reposed _after_ that conversation was no mistake of his nor
+of yours. It is the fact only that needs be stated, that at the date of
+this conversation you did not intend to hold the office with the purpose
+of forcing Mr. Stanton into court, but did hold it then and had accepted
+it to prevent that course from being carried out. In other words, you
+said to the President, "That is the proper course," and you said to
+yourself, "I have accepted this office, and now hold it to defeat that
+course." The excuse you make in a subsequent paragraph of that letter
+of the 28th ultimo,[38] that afterwards you changed your views as to
+what would be a proper course, has nothing to do with the point now
+under consideration. The point is that _before_ you changed your views
+you had secretly determined to do the very thing which at last you
+did--surrender the office to Mr. Stanton. You may have changed your
+views as to the law, but you certainly did not change your views as
+to the course you had marked out for yourself from the beginning.
+
+I will only notice one more statement in your letter of the 3d
+instant[39]--that the performance of the promises which it is alleged
+were made by you would have involved you in the resistance of law. I
+know of no statute that would have been violated had you, carrying out
+your promises in good faith, tendered your resignation when you
+concluded not to be made a party in any legal proceedings. You add:
+
+"I am in a measure confirmed in this conclusion by your recent orders
+directing me to disobey orders from the Secretary of War, _my superior_
+and your subordinate, without having countermanded his authority to
+issue the orders I am to disobey."
+
+On the 24th[39] ultimo you addressed a note to the President requesting
+in writing an order given to you verbally five days before to disregard
+orders from Mr. Stanton as Secretary of War until you "knew from the
+President himself that they were his orders."
+
+On the 29th,[40] in compliance with your request, I did give you
+instructions in writing "not to obey any order from the War Department
+assumed to be issued by the direction of the President unless such order
+is known by the General Commanding the armies of the United States to
+have been authorized by the Executive."
+
+There are some orders which a Secretary of War may issue without the
+authority of the President; there are others which he issues simply as
+the agent of the President, and which purport to be "by direction" of
+the President. For such orders the President is responsible, and he
+should therefore know and understand what they are before giving such
+"direction." Mr. Stanton states in his letter of the 4th instant,[41]
+which accompanies the published correspondence, that he "has had no
+correspondence with the President since the 12th of August last;" and
+he further says that since he resumed the duties of the office he has
+continued to discharge them "without any personal or written
+communication with the President;" and he adds, "No orders have been
+issued from this Department in the name of the President with my
+knowledge, and I have received no orders from him."
+
+It thus seems that Mr. Stanton now discharges the duties of the War
+Department without any reference to the President and without using his
+name.
+
+My order to you had only reference to orders "assumed to be issued by
+the direction of the President." It would appear from Mr. Stanton's
+letter that you have received no such orders from him. However, in your
+note to the President of the 30th ultimo,[42] in which you acknowledge
+the receipt of the written order of the 29th,[43] you say that you have
+been informed by Mr. Stanton that he has not received any order limiting
+his authority to issue orders to the Army, according to the practice
+of the Department, and state that "while this authority to the War
+Department is not countermanded it will be satisfactory evidence to
+me that any orders issued from the War Department by direction of the
+President are authorized by the Executive."
+
+The President issues an order to you to obey no order from the War
+Department purporting to be made "by the direction of the President"
+until you have referred it to him for his approval. You reply that you
+have received the President's order and will not obey it, but will obey
+an order purporting to be given by his direction _if it comes from the
+War Department_. You will not obey the direct order of the President,
+but will obey his indirect order. If, as you say, there has been a
+practice in the War Department to issue orders in the name of the
+President without his direction, does not the precise order you have
+requested and have received change the practice as to the General of
+the Army? Could not the President countermand any such order issued to
+you from the War Department? If you should receive an order from that
+Department, issued in the name of the President, to do a special act,
+and an order directly from the President himself not to do the act, is
+there a doubt which you are to obey? You answer the question when you
+say to the President, in your letter of the 3d instant,[44] the Secretary
+of War is "my superior and your subordinate," and yet you refuse
+obedience to the superior out of a deference to the subordinate.
+
+Without further comment upon the insubordinate attitude which you
+have assumed, I am at a loss to know how you can relieve yourself
+from obedience to the orders of the President, who is made by the
+Constitution the Commander in Chief of the Army and Navy, and is
+therefore the official superior as well of the General of the Army
+as of the Secretary of War.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+[Footnote 35: See pp. 618-620.]
+
+[Footnote 36: See pp. 615-618.]
+
+[Footnote 37: See pp. 613-615.]
+
+[Footnote 38: See pp. 613-615.]
+
+[Footnote 39: See pp. 618-620.]
+
+[Footnote 40: See p. 613.]
+
+[Footnote 41: See p. 615.]
+
+[Footnote 42: See pp. 612-613.]
+
+[Footnote 43: See p. 615.]
+
+[Footnote 44: See pp. 618-620.]
+
+
+
+[Letter addressed to each of the members of the Cabinet present at the
+conversation between the President and General Grant on the 14th of
+January, 1868, and answers thereto.]
+
+
+EXECUTIVE MANSION, _Washington, D.C., February 5, 1868_.
+
+SIR: The Chronicle of this morning contains a correspondence between the
+President and General Grant reported from the War Department in answer
+to a resolution of the House of Representatives.
+
+I beg to call your attention to that correspondence, and especially to
+that part of it which refers to the conversation between the President
+and General Grant at the Cabinet meeting on Tuesday, the 14th of
+January, and to request you to state what was said in that conversation.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 5, 1868_.
+
+The PRESIDENT.
+
+SIR: Your note of this date was handed to me this evening. My
+recollection of the conversation at the Cabinet meeting on Tuesday, the
+14th of January, corresponds with your statement of it in the letter of
+the 31st ultimo[45] in the published correspondence.
+
+The three points specified in that letter, giving your recollection of
+the conversation, are correctly stated.
+
+Very respectfully,
+
+GIDEON WELLES.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+TREASURY DEPARTMENT, _February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I have received your note of the 5th instant, calling my attention
+to the correspondence between yourself and General Grant as published in
+the Chronicle of yesterday, especially to that part of it which relates
+to what occurred at the Cabinet meeting on Tuesday, the 14th ultimo, and
+requesting me to state what was said in the conversation referred to.
+
+I can not undertake to state the precise language used, but I have no
+hesitation in saying that your account of that conversation as given in
+your letter to General Grant under date of the 31st ultimo[45]
+substantially and in all important particulars accords with my
+recollection of it.
+
+With great respect, your obedient servant,
+
+HUGH McCULLOCH.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+POST-OFFICE DEPARTMENT,
+
+_Washington, February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I am in receipt of your letter of the 5th of February, calling my
+attention to the correspondence published in the Chronicle between the
+President and General Grant, and especially to that part of it which
+refers to the conversation between the President and General Grant at
+the Cabinet meeting on Tuesday, the 14th of January, with a request that
+I state what was said in that conversation.
+
+In reply I have the honor to state that I have read carefully the
+correspondence in question, and particularly the letter of the President
+to General Grant dated January 31, 1868.[45] The following extract from
+your letter of the 31st January to General Grant is, according to my
+recollection, a correct statement of the conversation that took place
+between the President and General Grant at the Cabinet meeting on the
+14th of January last. In the presence of the Cabinet the President
+asked General Grant whether, "in conversation which took place after his
+appointment as Secretary of War _ad interim_, he did not agree either
+to remain at the head of the War Department and abide any judicial
+proceedings that might follow the nonconcurrence by the Senate in Mr.
+Stanton's suspension, or, should he wish not to become involved in such
+a controversy, to put the President in the same position with respect to
+the office as he occupied previous to General Grant's appointment, by
+returning it to the President in time to anticipate such action by the
+Senate." This General Grant admitted.
+
+The President then asked General Grant if at the conference on the
+preceding Saturday he had not, to avoid misunderstanding, requested
+General Grant to state what he intended to do, and, further, if in reply
+to that inquiry he (General Grant) had not referred to their former
+conversations, saying that from them the President understood his
+position, and that his (General Grant's) action would be consistent with
+the understanding which had been reached.
+
+To these questions General Grant replied in the affirmative.
+
+The President asked General Grant if at the conclusion of their
+interview on Saturday it was not understood that they were to have
+another conference on Monday before final action by the Senate in the
+case of Mr. Stanton.
+
+General Grant replied that such was the understanding, but that he did
+not suppose the Senate would act so soon; that on Monday he had been
+engaged in a conference with General Sherman, and was occupied with
+"many little matters," and asked if General Sherman had not called on
+that day.
+
+I take this mode of complying with the request contained in the
+President's letter to me, because my attention had been called to the
+subject before, when the conversation between the President and General
+Grant was under consideration.
+
+Very respectfully, your obedient servant,
+
+ALEX W. RANDALL,
+
+_Postmaster-General_.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+DEPARTMENT OF THE INTERIOR,
+
+_Washington, D.C., February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I am in receipt of yours of yesterday, calling my attention to
+a correspondance between yourself and General Grant published in the
+Chronicle newspaper, and especially to that part of said correspondence
+"which refers to the conversation between the President and General
+Grant at the Cabinet meeting on Tuesday, the 14th of January," and
+requesting me "to state what was said in that conversation."
+
+In reply I submit the following statement: At the Cabinet meeting on
+Tuesday, the 14th of January, 1868, General Grant appeared and took his
+accustomed seat at the board. When he had been reached in the order of
+business, the President asked him, as usual, if he had anything to
+present.
+
+In reply the General, after referring to a note which he had that
+morning addressed to the President, inclosing a copy of the resolution
+of the Senate refusing to concur in the reasons for the suspension of
+Mr. Stanton, proceeded to say that he regarded his duties as Secretary
+of War _ad interim_ terminated by that resolution, and that he could not
+lawfully exercise such duties for a moment after the adoption of the
+resolution by the Senate; that the resolution reached him last night,
+and that this morning he had gone to the War Department, entered the
+Secretary's room, bolted one door on the inside, locked the other on the
+outside, delivered the key to the Adjutant-General, and proceeded to the
+Headquarters of the Army and addressed the note above mentioned to the
+President, informing him that he (General Grant) was no longer Secretary
+of War _ad interim_.
+
+The President expressed great surprise at the course which General
+Grant had thought proper to pursue, and, addressing himself to the
+General, proceeded to say, in substance, that he had anticipated such
+action on the part of the Senate, and, being very desirous to have the
+constitutionality of the tenure-of-office bill tested and his right
+to suspend or remove a member of the Cabinet decided by the judicial
+tribunals of the country, he had some time ago, and shortly after
+General Grant's appointment as Secretary of War _ad interim_, asked the
+General what his action would be in the event that the Senate should
+refuse to concur in the suspension of Mr. Stanton, and that the General
+had then agreed either to remain at the head of the War Department till
+a decision could be obtained from the court or resign the office into
+the hands of the President before the case was acted upon by the Senate,
+so as to place the President in the same situation he occupied at the
+time of his (Grant's) appointment.
+
+The President further said that the conversation was renewed on the
+preceding Saturday, at which time he asked the General what he intended
+to do if the Senate should undertake to reinstate Mr. Stanton, in reply
+to which the General referred to their former conversation upon the same
+subject and said: "You understand my position, and my conduct will be
+conformable to that understanding;" that he (the General) then expressed
+a repugnance to being made a party to a judicial proceeding, saying that
+he would expose himself to fine and imprisonment by doing so, as his
+continuing to discharge the duties of Secretary of War _ad interim_
+after the Senate should have refused to concur in the suspension of Mr.
+Stanton would be a violation of the tenure-of-office bill; that in reply
+to this he (the President) informed General Grant he had not suspended
+Mr. Stanton under the tenure-of-office bill, but by virtue of the powers
+conferred on him by the Constitution; and that, as to the fine and
+imprisonment, he (the President) would pay whatever fine was imposed
+and submit to whatever imprisonment might be adjudged against him (the
+General); that they continued the conversation for some time, discussing
+the law at length, and that they finally separated without having
+reached a definite conclusion, and with the understanding that the
+General would see the President again on Monday.
+
+In reply General Grant admitted that the conversations had occurred, and
+said that at the first conversation he had given it as his opinion to
+the President that in the event of nonconcurrence by the Senate in the
+action of the President in respect to the Secretary of War the question
+would have to be decided by the court--that Mr. Stanton would have to
+appeal to the court to reinstate him in office; that the _ins_ would
+remain in till they could be displaced and the _outs_ put in by legal
+proceedings; and that he _then_ thought so, and had agreed that if he
+should change his mind he would notify the President in time to enable
+him to make another appointment, but that at the time of the first
+conversation he had not looked very closely into the law; that it had
+recently been discussed by the newspapers, and that this had induced him
+to examine it more carefully, and that he had come to the conclusion
+that if the Senate should refuse to concur in the suspension Mr. Stanton
+would thereby be reinstated, and that he (Grant) could not continue
+thereafter to act as Secretary of War _ad interim_ without subjecting
+himself to fine and imprisonment, and that he came over on Saturday to
+inform the President of this change in his views, and did so inform him;
+that the President replied that he had not suspended Mr. Stanton under
+the tenure-of-office bill, but under the Constitution, and had appointed
+him (Grant) by virtue of the authority derived from the Constitution,
+etc.; that they continued to discuss the matter some time, and finally
+he left, without any conclusion having been reached, expecting to see
+the President again on Monday.
+
+He then proceeded to explain why he had not called on the President on
+Monday, saying that he had had a long interview with General Sherman,
+that various little matters had occupied his time till it was late, and
+that he did not think the Senate would act so soon, and asked: "Did not
+General Sherman call on you on Monday?"
+
+I do not know what passed between the President and General Grant on
+Saturday, except as I learned it from the conversation between them at
+the Cabinet meeting on Tuesday, and the foregoing is substantially what
+then occurred. The precise words used on the occasion are not, of
+course, given exactly in the order in which they were spoken, but the
+ideas expressed and the facts stated are faithfully preserved and
+presented.
+
+I have the honor to be, sir, with great respect, your obedient servant,
+
+O.H. BROWNING.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: The meeting to which you refer in your letter was a regular Cabinet
+meeting. While the members were assembling, and before the President had
+entered the council chamber, General Grant on coming in said to me that
+he was in attendance there, not as a member of the Cabinet, but upon
+invitation, and I replied by the inquiry whether there was a change in
+the War Department. After the President had taken his seat, business
+went on in the usual way of hearing matters submitted by the several
+Secretaries. When the time came for the Secretary of War, General Grant
+said that he was now there, not as Secretary of War, but upon the
+President's invitation; that he had retired from the War Department. A
+slight difference then appeared about the supposed invitation, General
+Grant saying that the officer who had borne his letter to the President
+that morning announcing his retirement from the War Department had told
+him that the President desired to see him at the Cabinet, to which the
+President answered that when General Grant's communication was delivered
+to him the President simply replied that he supposed General Grant would
+be very soon at the Cabinet meeting. I regarded the conversation thus
+begun as an incidental one. It went on quite informally, and consisted
+of a statement on your part of your views in regard to the understanding
+of the tenure upon which General Grant had assented to hold the War
+Department _ad interim_ and of his replies by way of answer and
+explanation. It was respectful and courteous on both sides. Being in
+this conversational form, its details could only have been preserved by
+verbatim report. So far as I know, no such report was made at the time.
+I can give only the general effect of the conversation. Certainly you
+stated that, although you had reported the reasons for Mr. Stanton's
+suspension to the Senate, you nevertheless held that he would not be
+entitled to resume the office of Secretary of War even if the Senate
+should disapprove of his suspension, and that you had proposed to have
+the question tested by judicial process, to be applied to the person who
+should be the incumbent of the Department under your designation of
+Secretary of War _ad interim_ in the place of Mr. Stanton. You contended
+that this was well understood between yourself and General Grant;
+that when he entered the War Department as Secretary _ad interim_ he
+expressed his concurrence in a belief that the question of Mr. Stanton's
+restoration would be a question for the courts; that in a subsequent
+conversation with General Grant you had adverted to the understanding
+thus had, and that General Grant expressed his concurrence in it; that
+at some conversation which had been previously held General Grant said
+he still adhered to the same construction of the law, but said if he
+should change his opinion he would give you seasonable notice of it,
+so that you should in any case be placed in the same position in
+regard to the War Department that you were while General Grant held
+it _ad interim_. I did not understand General Grant as denying nor as
+explicitly admitting these statements in the form and full extent to
+which you made them. His admission of them was rather indirect and
+circumstantial, though I did not understand it to be an evasive one.
+He said that, reasoning from what occurred in the case of the police in
+Maryland, which he regarded as a parallel one, he was of opinion, and so
+assured you, that it would be his right and duty under your instructions
+to hold the War Office after the Senate should disapprove of Mr.
+Stanton's suspension until the question should be decided upon by the
+courts; that he remained until very recently of that opinion, and that
+on the Saturday before the Cabinet meeting a conversation was held
+between yourself and him in which the subject was generally discussed.
+
+General Grant's statement was that in that conversation he had stated
+to you the legal difficulties which might arise, involving fine and
+imprisonment, under the civil-tenure bill, and that he did not care to
+subject himself to those penalties; that you replied to this remark that
+you regarded the civil-tenure bill as unconstitutional and did not think
+its penalties were to be feared, or that you would voluntarily assume
+them; and you insisted that General Grant should either retain the
+office until relieved by yourself, according to what you claimed was
+the original understanding between yourself and him, or, by seasonable
+notice of change of purpose on his part, put you in the same situation
+which you would be if he adhered. You claimed that General Grant finally
+said in that Saturday's conversation that you understood his views, and
+his proceedings thereafter would be consistent with what had been so
+understood. General Grant did not controvert, nor can I say that he
+admitted, this last statement. Certainly General Grant did not at
+any time in the Cabinet meeting insist that he had in the Saturday's
+conversation, either distinctly or finally, advised you of his
+determination to retire from the charge of the War Department otherwise
+than under your own subsequent direction. He acquiesced in your
+statement that the Saturday's conversation ended with an expectation
+that there would be a subsequent conference on the subject, which he,
+as well as yourself, supposed could seasonably take place on Monday.
+You then alluded to the fact that General Grant did not call upon you
+on Monday, as you had expected from that conversation. General Grant
+admitted that it was his expectation or purpose to call upon you on
+Monday. General Grant assigned reasons for the omission. He said he was
+in conference with General Sherman; that there were many little matters
+to be attended to; he had conversed upon the matter of the incumbency of
+the War Department with General Sherman, and he expected that General
+Sherman would call upon you on Monday. My own mind suggested a further
+explanation, but I do not remember whether it was mentioned or not,
+namely, that it was not supposed by General Grant on Monday that the
+Senate would decide the question so promptly as to anticipate further
+explanation between yourself and him if delayed beyond that day. General
+Grant made another explanation--that he was engaged on Sunday with
+General Sherman, and I think, also, on Monday, in regard to the War
+Department matter, with a hope, though he did not say in an effort,
+to procure an amicable settlement of the affair of Mr. Stanton, and
+he still hoped that it would be brought about.
+
+I have the honor to be, with great respect, your obedient servant,
+
+WILLIAM H. SEWARD.
+
+
+
+WASHINGTON, D.C., _February 11, 1868_.
+
+_To the House of Representatives_:
+
+The accompanying letter from General Grant, received since the
+transmission to the House of Representatives of my communication of this
+date, is submitted to the House as a part of the correspondence referred
+to in the resolution of the 10th instant.
+
+ANDREW JOHNSON.
+
+
+
+HEADQUARTERS ARMY OF THE UNITED STATES.
+
+_Washington, D.C., February 11, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor to acknowledge the receipt of your communication
+of the 10th instant,[46] accompanied by statements of five Cabinet
+ministers of their recollection of what occurred in Cabinet meeting on
+the 14th of January. Without admitting anything in these statements
+where they differ from anything heretofore stated by me, I propose to
+notice only that portion of your communication wherein I am charged with
+insubordination. I think it will be plain to the reader of my letter of
+the 30th of January[47] that I did not propose to disobey any legal
+order of the President distinctly given, but only gave an interpretation
+of what would be regarded as satisfactory evidence of the President's
+sanction to orders communicated by the Secretary of War. I will say here
+that your letter of the 10th instant[48] contains the first intimation
+I have had that you did not accept that interpretation.
+
+Now for reasons for giving that interpretation. It was clear to me
+before my letter of January 30[47] was written that I, the person having
+more public business to transact with the Secretary of War than any
+other of the President's subordinates, was the only one who had been
+instructed to disregard the authority of Mr. Stanton where his authority
+was derived as agent of the President.
+
+On the 27th of January I received a letter from the Secretary of War
+(copy herewith) directing me to furnish escort to public treasure from
+the Rio Grande to New Orleans, etc., at the request of the Secretary
+of the Treasury to him. I also send two other inclosures, showing
+recognition of Mr. Stanton as Secretary of War by both the Secretary
+of the Treasury and the Postmaster-General, in all of which cases the
+Secretary of War had to call upon me to make the orders requested or
+give the information desired, and where his authority to do so is
+derived, in my view, as agent of the President.
+
+With an order so clearly ambiguous as that of the President here
+referred to, it was my duty to inform the President of my interpretation
+of it and to abide by that interpretation until I received other orders.
+
+Disclaiming any intention, now or heretofore, of disobeying any legal
+order of the President distinctly communicated,
+
+I remain, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+[Footnote 46: See pp. 603-610.]
+
+[Footnote 47: See p. 615.]
+
+[Footnote 48: See pp. 603-605.]
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, January 27, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Army United States_.
+
+GENERAL: The Secretary of the Treasury has requested this Department
+to afford A.F. Randall, special agent of the Treasury Department, such
+military aid as may be necessary to secure and forward for deposit
+from Brownsville, Tex., to New Orleans public moneys in possession of
+custom-house officers at Brownsville, and which are deemed insecure
+at that place.
+
+You will please give such directions as you may deem proper to the
+officer commanding at Brownsville to carry into effect the request of
+the Treasury Department, the instructions to be sent by telegraph to
+Galveston, to the care of A.F. Randall, special agent, who is at
+Galveston waiting telegraphic orders, there being no telegraphic
+communication with Brownsville, and the necessity for military
+protection to the public moneys represented as urgent.
+
+Please favor me with a copy of such instructions as you may give, in
+order that they may be communicated to the Secretary of the Treasury.
+
+Yours, truly,
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+POST-OFFICE DEPARTMENT, CONTRACT OFFICE,
+
+_Washington, February 3, 1868_.
+
+The Honorable the SECRETARY OF WAR.
+
+SIR: It has been represented to this Department that in October last a
+military commission was appointed to settle upon some general plan of
+defense for the Texas frontiers, and that the said commission has made
+a report recommending a line of posts from the Rio Grande to the Red
+River.
+
+An application is now pending in this Department for a change in the
+course of the San Antonio and El Paso mail, so as to send it by way
+of Forts Mason, Griffin, and Stockton instead of Camps Hudson and
+Lancaster. This application requires immediate decision, but before
+final action can be had thereon it is desired to have some official
+information as to the report of the commission above referred to.
+
+Accordingly, I have the honor to request that you will cause this
+Department to be furnished as early as possible with the information
+desired in the premises, and also with a copy of the report, if any has
+been made by the commission.
+
+Very respectfully, etc.,
+
+GEO. W. McCLELLAN,
+
+_Second Assistant Postmaster-General_.
+
+FEBRUARY 3, 1868.
+
+
+Referred to the General of the Army for report.
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+
+TREASURY DEPARTMENT, _January 29, 1868_.
+
+The Honorable SECRETARY OF WAR.
+
+SIR: It is represented to this Department that a band of robbers has
+obtained such a foothold in the section of country between Humboldt and
+Lawrence, Kans., committing depredations upon travelers, both by public
+and private conveyance, that the safety of the public money collected by
+the receiver of the land office at Humboldt requires that it should be
+guarded during its transit from Humboldt to Lawrence. I have therefore
+the honor to request that the proper commanding officer of the district
+may be instructed by the War Department, if in the opinion of the
+honorable Secretary of War it can be done without prejudice to the
+public interests, to furnish a sufficient military guard to protect such
+moneys as may be _in transitu_ from the above office for the purpose of
+being deposited to the credit of the Treasurer of the United States. As
+far as we are now advised, such service will not be necessary oftener
+than once a month. Will you please advise me of the action taken, that
+I may instruct the receiver and the Commissioner of the General Land
+Office in the matter?
+
+Very respectfully, your obedient servant,
+
+H. McCULLOCH,
+
+_Secretary of the Treasury_.
+
+
+Respectfully referred to the General of the Army to give the necessary
+orders in this case and to furnish this Department a copy for the
+information of the Secretary of the Treasury.
+
+By order of the Secretary of War:
+
+ED. SCHRIVER,
+
+_Inspector-General_.
+
+
+
+[The following are inserted because they have direct bearing on the two
+messages from the President of February 11, 1868, and their inclosures.]
+
+
+WAR DEPARTMENT,
+
+_Washington City, February 4, 1868_.
+
+Hon. SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+SIR: In answer to the resolution of the House of Representatives of the
+3d instant, I transmit herewith copies furnished me by General Grant of
+correspondence between him and the President relating to the Secretary
+of War, and which he reports to be all the correspondence he has had
+with the President on the subject.
+
+I have had no correspondence with the President since the 12th of August
+last. After the action of the Senate on his alleged reason for my
+suspension from the office of Secretary of War, I resumed the duties of
+that office, as required by the act of Congress, and have continued to
+discharge them without any personal or written communication with the
+President. No orders have been issued from this Department in the name
+of the President with my knowledge, and I have received no orders from
+him.
+
+The correspondence sent herewith embraces all the correspondence known
+to me on the subject referred to in the resolution of the House of
+Representatives.
+
+I have the honor to be, sir, with great respect, your obedient servant,
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, January 24, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor very respectfully to request to have in writing
+the order which the President gave me verbally on Sunday, the 19th
+instant, to disregard the orders of the Hon. E.M. Stanton as Secretary
+of War until I knew from the President himself that they were his
+orders.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, D.C., January 28, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: On the 24th instant I requested you to give me in writing the
+instructions which you had previously given me verbally not to obey any
+order from Hon. E.M. Stanton, Secretary of War, unless I knew that it
+came from yourself. To this written request I received a message that
+has left doubt in my mind of your intentions. To prevent any possible
+misunderstanding, therefore, I renew the request that you will give me
+written instructions, and till they are received will suspend action on
+your verbal ones.
+
+I am compelled to ask these instructions in writing in consequence
+of the many and gross misrepresentations affecting my personal honor
+circulated through the press for the last fortnight, purporting to come
+from the President, of conversations which occurred either with the
+President privately in his office or in Cabinet meeting. What is written
+admits of no misunderstanding.
+
+In view of the misrepresentations referred to, it will be well to state
+the facts in the case.
+
+Some time after I assumed the duties of Secretary of War _ad interim_
+the President asked me my views as to the course Mr. Stanton would have
+to pursue, in case the Senate should not concur in his suspension,
+to obtain possession of his office. My reply was, in substance, that
+Mr. Stanton would have to appeal to the courts to reinstate him,
+illustrating my position by citing the ground I had taken in the case
+of the Baltimore police commissioners.
+
+In that case I did not doubt the technical right of Governor Swann to
+remove the old commissioners and to appoint their successors. As the old
+commissioners refused to give up, however, I contended that no resource
+was left but to appeal to the courts.
+
+Finding that the President was desirous of keeping Mr. Stanton out of
+office, whether sustained in the suspension or not, I stated that I had
+not looked particularly into the tenure-of-office bill, but that what
+I had stated was a general principle, and if I should change my mind in
+this particular case I would inform him of the fact.
+
+Subsequently, on reading the tenure-of-office bill closely, I found that
+I could not, without violation of the law, refuse to vacate the office
+of Secretary of War the moment Mr. Stanton was reinstated by the Senate,
+even though the President should order me to retain it, which he never
+did.
+
+Taking this view of the subject, and learning on Saturday, the 11th
+instant, that the Senate had taken up the subject of Mr. Stanton's
+suspension, after some conversation with Lieutenant General Sherman and
+some members of my staff, in which I stated that the law left me no
+discretion as to my action should Mr. Stanton be reinstated, and that I
+intended to inform the President, I went to the President for the sole
+purpose of making this decision known, and did so make it known.
+
+In doing this I fulfilled the promise made in our last preceding
+conversation on the subject.
+
+The President, however, instead of accepting my view of the requirements
+of the tenure-of-office bill, contended that he had suspended Mr.
+Stanton under the authority given by the Constitution, and that the same
+authority did not preclude him from reporting, as an act of courtesy,
+his reasons for the suspension to the Senate; that, having appointed me
+under the authority given by the Constitution, and not under any act of
+Congress, I could not be governed by the act. I stated that the law was
+binding on me, constitutional or not, until set aside by the proper
+tribunal. An hour or more was consumed, each reiterating his views on
+this subject, until, getting late, the President said he would see me
+again.
+
+I did not agree to call again on Monday, nor at any other definite time,
+nor was I sent for by the President until the following Tuesday.
+
+From the 11th to the Cabinet meeting on the 14th instant a doubt never
+entered my mind about the President's fully understanding my position,
+namely, that if the Senate refused to concur in the suspension of Mr.
+Stanton my powers as Secretary of War _ad interim_ would cease and Mr.
+Stanton's right to resume at once the functions of his office would
+under the law be indisputable, and I acted accordingly. With Mr. Stanton
+I had no communication, direct nor indirect, on the subject of his
+reinstatement during his suspension.
+
+I knew it had been recommended to the President to send in the
+name of Governor Cox, of Ohio, for Secretary of War, and thus save all
+embarrassment--a proposition that I sincerely hoped he would entertain
+favorably; General Sherman seeing the President at my particular request
+to urge this on the 13th instant.
+
+On Tuesday (the day Mr. Stanton reentered the office of the Secretary of
+War) General Comstock, who had carried my official letter announcing
+that with Mr. Stanton's reinstatement by the Senate I had ceased to be
+Secretary of War _ad interim_, and who saw the President open and read
+the communication, brought back to me from the President a message that
+he wanted to see me that day at the Cabinet meeting, after I had made
+known the fact that I was no longer Secretary of War _ad interim_.
+
+At this meeting, after opening it as though I were a member of the
+Cabinet, when reminded of the notification already given him that I was
+no longer Secretary of War _ad interim_, the President gave a version of
+the conversations alluded to already. In this statement it was asserted
+that in both conversations I had agreed to hold on to the office of
+Secretary of War until displaced by the courts, or resign, so as to
+place the President where he would have been had I never accepted the
+office. After hearing the President through, I stated our conversations
+substantially as given in this letter. I will add that my conversation
+before the Cabinet embraced other matter not pertinent here, and is
+therefore left out.
+
+I in no wise admitted the correctness of the President's statement of
+our conversations, though, to soften the evident contradiction my
+statement gave, I said (alluding to our first conversation on the
+subject) the President might have understood me the way he said, namely,
+that I had promised to resign if I did not resist the reinstatement.
+I made no such promise.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_January 30, 1868_.
+
+Respectfully forwarded to the Secretary of War for his information.
+
+U.S. GRANT, _General_.
+
+[Indorsement of the President on General Grant's note of January 24,
+1868.[49]]
+
+JANUARY 29, 1868.
+
+As requested in this communication, General Grant is instructed in
+writing not to obey any order from the War Department assumed to be
+issued by the direction of the President unless such order is known by
+the General Commanding the armies of the United States to have been
+authorized by the Executive.
+
+ANDREW JOHNSON.
+
+[Footnote 49: See p. 613.]
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, January 30, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor to acknowledge the return of my note of the 24th
+instant,[49] with your indorsement thereon, that I am not to obey any
+order from the War Department assumed to be issued by the direction of
+the President unless such order is known by me to have been authorized
+by the Executive, and in reply thereto to say that I am informed by the
+Secretary of War that he has not received from the Executive any order
+or instructions limiting or impairing his authority to issue orders to
+the Army, as has heretofore been his practice under the law and the
+customs of the Department. While this authority to the War Department is
+not countermanded it will be satisfactory evidence to me that any orders
+issued from the War Department by direction of the President are
+authorized by the Executive.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+[Footnote 49: See p. 613.]
+
+
+
+HEADQUARTERS ARMY UNITED STATES,
+
+_January 30, 1868_.
+
+Respectfully forwarded to the Secretary of War for his information.
+
+U.S. GRANT, _General_.
+
+
+_The President to General Grant_.
+
+EXECUTIVE MANSION, _January 31, 1868_.
+
+General U.S. GRANT,
+
+_Commanding United States Armies_.
+
+GENERAL: I have received your communication of the 28th instant,[50]
+renewing your request of the 24th,[49] that I should repeat in a written
+form my verbal instructions of the 19th instant, viz, that you obey no
+order from the Hon. Edwin M. Stanton as Secretary of War unless you have
+information that it was issued by the President's directions.
+
+In submitting this request (with which I complied on the 29th
+instant[51]) you take occasion to allude to recent publications in
+reference to the circumstances connected with the vacation by yourself
+of the office of Secretary of War _ad interim_, and with the view of
+correcting statements which you term "gross misrepresentations" give
+at length your own recollection of the facts under which, without the
+sanction of the President, from whom you had received and accepted the
+appointment, you yielded the Department of War to the present incumbent.
+
+As stated in your communication, some time after you had assumed the
+duties of Secretary of War _ad interim_ we interchanged views respecting
+the course that should be pursued in the event of nonconcurrence by the
+Senate in the suspension from office of Mr. Stanton. I sought that
+interview, calling myself at the War Department. My sole object in then
+bringing the subject to your attention was to ascertain definitely
+what would be your own action should such an attempt be made for his
+restoration to the War Department. That object was accomplished, for
+the interview terminated with the distinct understanding that if upon
+reflection you should prefer not to become a party to the controversy or
+should conclude that it would be your duty to surrender the Department
+to Mr. Stanton upon action in his favor by the Senate you were to return
+the office to me prior to a decision by the Senate, in order that if I
+desired to do so I might designate someone to succeed you. It must have
+been apparent to you that had not this understanding been reached it was
+my purpose to relieve you from the further discharge of the duties of
+Secretary of War _ad interim_ and to appoint some other person in that
+capacity.
+
+Other conversations upon this subject ensued, all of them having on my
+part the same object and leading to the same conclusion as the first.
+It is not necessary, however, to refer to any of them excepting that of
+Saturday, the 11th instant, mentioned in your communication. As it was
+then known that the Senate had proceeded to consider the case of Mr.
+Stanton, I was anxious to learn your determination. After a protracted
+interview, during which the provisions of the tenure-of-office bill were
+freely discussed, you said that, as had been agreed upon in our first
+conference, you would either return the office to my possession in time
+to enable me to appoint a successor before final action by the Senate
+upon Mr. Stanton's suspension, or would remain as its head, awaiting a
+decision of the question by judicial proceedings. It was then understood
+that there would be a further conference on Monday, by which time I
+supposed you would be prepared to inform me of your final decision. You
+failed, however, to fulfill the engagement, and on Tuesday notified me
+in writing of the receipt by you of official notification of the action
+of the Senate in the case of Mr. Stanton, and at the same time informed
+me that according to the act regulating the tenure of certain civil
+offices your functions as Secretary of War _ad interim_ ceased from
+the moment of the receipt of the notice. You thus, in disregard of the
+understanding between us, vacated the office without having given me
+notice of your intention to do so. It is but just, however, to say that
+in your communication you claim that you did inform me of your purpose,
+and thus "fulfilled the promise made in our last preceding conversation
+on this subject." The fact that such a promise existed is evidence of
+an arrangement of the kind I have mentioned. You had found in our first
+conference "that the President was desirous of keeping Mr. Stanton out
+of office whether sustained in the suspension or not." You knew what
+reasons had induced the President to ask from you a promise; you
+also knew that in case your views of duty did not accord with his
+own convictions it was his purpose to fill your place by another
+appointment. Even ignoring the existence of a positive understanding
+between us, these conclusions were plainly deducible from our various
+conversations. It is certain, however, that even under these
+circumstances you did not offer to return the place to my possession,
+but, according to your own statement, placed yourself in a position
+where, could I have anticipated your action, I would have been compelled
+to ask of you, as I was compelled to ask of your predecessor in the War
+Department, a letter of resignation, or else to resort to the more
+disagreeable expedient of suspending you by a successor.
+
+As stated in your letter, the nomination of Governor Cox, of Ohio, for
+the office of Secretary of War was suggested to me. His appointment as
+Mr. Stanton's successor was urged in your name, and it was said that
+his selection would save further embarrassment. I did not think that
+in the selection of a Cabinet officer I should be trammeled by such
+considerations. I was prepared to take the responsibility of deciding
+the question in accordance with my ideas of constitutional duty, and,
+having determined upon a course which I deemed right and proper, was
+anxious to learn the steps you would take should the possession of the
+War Department be demanded by Mr. Stanton. Had your action been in
+conformity to the understanding between us, I do not believe that the
+embarrassment would have attained its present proportions or that the
+probability of its repetition would have been so great.
+
+I know that, with a view to an early termination of a state of affairs
+so detrimental to the public interests, you voluntarily offered, both on
+Wednesday, the 15th instant, and on the succeeding Sunday, to call upon
+Mr. Stanton and urge upon him that the good of the service required his
+resignation. I confess that I considered your proposal as a sort of
+reparation for the failure on your part to act in accordance with an
+understanding more than once repeated, which I thought had received your
+full assent, and under which you could have returned to me the office
+which I had conferred upon you, thus saving yourself from embarrassment
+and leaving the responsibility where it properly belonged--with the
+President, who is accountable for the faithful execution of the laws.
+
+I have not yet been informed by you whether, as twice proposed by
+yourself, you have called upon Mr. Stanton and made an effort to induce
+him voluntarily to retire from the War Department.
+
+You conclude your communication with a reference to our conversation at
+the meeting of the Cabinet held on Tuesday, the 14th instant. In your
+account of what then occurred you say that after the President had given
+his version of our previous conversations you stated them substantially
+as given in your letter; that you in no wise admitted the correctness of
+his statement of them, "though, to soften the evident contradiction my
+statement gave, I said (alluding to our first conversation on the
+subject) the President might have understood me the way he said, namely,
+that I had promised to resign if I did not resist the reinstatement.
+I made no such promise."
+
+My recollection of what then transpired is diametrically the reverse of
+your narration. In the presence of the Cabinet I asked you--
+
+First. If, in a conversation which took place shortly after your
+appointment as Secretary of War _ad interim_, you did not agree either
+to remain at the head of the War Department and abide any judicial
+proceedings that might follow nonconcurrence by the Senate in Mr.
+Stanton's suspension, or, should you wish not to become involved in such
+a controversy, to put me in the same position with respect to the office
+as I occupied previous to your appointment, by returning it to me in
+time to anticipate such action by the Senate. This you admitted.
+
+Second. I then asked you if, at our conference on the preceding
+Saturday, I had not, to avoid misunderstanding, requested you to state
+what you intended to do, and, further, if in reply to that inquiry you
+had not referred to our former conversations, saying that from them I
+understood your position, and that your action would be consistent with
+the understanding which had been reached. To these questions you also
+replied in the affirmative.
+
+Third. I next asked if at the conclusion of our interview on Saturday
+it was not understood that we were to have another conference on Monday
+before final action by the Senate in the case of Mr. Stanton. You
+replied that such was the understanding, but that you did not suppose
+the Senate would act so soon; that on Monday you had been engaged in a
+conference with General Sherman and were occupied with "many little
+matters," and asked if General Sherman had not called on that day. What
+relevancy General Sherman's visit to me on Monday had with the purpose
+for which you were then to have called I am at a loss to perceive,
+as he certainly did not inform me whether you had determined to retain
+possession of the office or to afford me an opportunity to appoint a
+successor in advance of any attempted reinstatement of Mr. Stanton.
+
+This account of what passed between us at the Cabinet meeting on the
+14th instant widely differs from that contained in your communication,
+for it shows that instead of having "stated our conversations as given
+in the letter" which has made this reply necessary you admitted that my
+recital of them was entirely accurate. Sincerely anxious, however, to
+be correct in my statements, I have to-day read this narration of what
+occurred on the 14th instant to the members of the Cabinet who were then
+present. They, without exception, agree in its accuracy.
+
+It is only necessary to add that on Wednesday morning, the 15th instant,
+you called on me, in company with Lieutenant-General Sherman. After some
+preliminary conversation, you remarked that an article in the National
+Intelligencer of that date did you much injustice. I replied that I had
+not read the Intelligencer of that morning. You then first told me that
+it was your intention to urge Mr. Stanton to resign his office.
+
+After you had withdrawn I carefully read the article of which you had
+spoken, and found that its statements of the understanding between us
+were substantially correct. On the 17th I caused it to be read to four
+of the five members of the Cabinet who were present at our conference on
+the 14th, and they concurred in the general accuracy of its statements
+respecting our conversation upon that occasion.
+
+In reply to your communication, I have deemed it proper, in order to
+prevent further misunderstanding, to make this simple recital of facts.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+[Footnote 49: See p. 613.]
+
+[Footnote 50: See pp. 613-615.]
+
+[Footnote 51: See p. 615.]
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, D.C., February 3, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+
+SIR: I have the honor to acknowledge the receipt of your communication
+of the 31st ultimo,[52] in answer to mine of the 28th ultimo[53]. After
+a careful reading and comparison of it with the article in the National
+Intelligencer of the 15th ultimo and the article over the initials
+J.B.S. in the New York World of the 27th ultimo, purporting to be based
+upon your statement and that of the members of your Cabinet therein
+named, I find it to be but a reiteration, only somewhat more in detail,
+of the "many and gross misrepresentations" contained in these articles,
+and which my statement of the facts set forth in my letter of the 28th
+ultimo[53] was intended to correct; and I here reassert the correctness
+of my statements in that letter, anything in yours in reply to it to the
+contrary notwithstanding.
+
+I confess my surprise that the Cabinet officers referred to should so
+greatly misapprehend the facts in the matter of admissions alleged to
+have been made by me at the Cabinet meeting of the 14th ultimo as to
+suffer their names to be made the basis of the charges in the newspaper
+article referred to, or agree in the accuracy, as you affirm they do,
+of your account of what occurred at that meeting.
+
+You know that we parted on Saturday, the 11th ultimo, without any
+promise on my part, either express or implied, to the effect that I
+would hold on to the office of Secretary of War _ad interim_ against the
+action of the Senate, or, declining to do so myself, would surrender it
+to you before such action was had, or that I would see you again at any
+fixed time on the subject.
+
+The performance of the promises alleged by you to have been made by me
+would have involved a resistance to law and an inconsistency with the
+whole history of my connection with the suspension of Mr. Stanton.
+
+From our conversations and my written protest of August 1, 1867,
+against the removal of Mr. Stanton, you must have known that my greatest
+objection to his removal or suspension was the fear that someone would
+be appointed in his stead who would, by opposition to the laws relating
+to the restoration of the Southern States to their proper relations
+to the Government, embarrass the Army in the performance of duties
+especially imposed upon it by these laws; and it was to prevent such an
+appointment that I accepted the office of Secretary of War _ad interim_,
+and not for the purpose of enabling you to get rid of Mr. Stanton by my
+withholding it from him in opposition to law, or, not doing so myself,
+surrendering it to one who would, as the statement and assumptions in
+your communication plainly indicate was sought. And it was to avoid this
+same danger, as well as to relieve you from the personal embarrassment
+in which Mr. Stanton's reinstatement would place you, that I urged the
+appointment of Governor Cox, believing that it would be agreeable to you
+and also to Mr. Stanton, satisfied as I was that it was the good of the
+country, and not the office, the latter desired.
+
+On the 15th ultimo, in presence of General Sherman, I stated to you that
+I thought Mr. Stanton would resign, but did not say that I would advise
+him to do so. On the 18th I did agree with General Sherman to go and
+advise him to that course, and on the 19th I had an interview alone with
+Mr. Stanton, which led me to the conclusion that any advice to him of
+the kind would be useless, and I so informed General Sherman.
+
+Before I consented to advise Mr. Stanton to resign, I understood
+from him, in a conversation on the subject immediately after his
+reinstatement, that it was his opinion that the act of Congress entitled
+"An act temporarily to supply vacancies in the Executive Departments in
+certain cases," approved February 20, 1863, was repealed by subsequent
+legislation, which materially influenced my action. Previous to this
+time I had had no doubt that the law of 1863 was still in force, and,
+notwithstanding my action, a fuller examination of the law leaves a
+question in my mind whether it is or is not repealed. This being the
+case, I could not now advise his resignation, lest the same danger
+I apprehended on his first removal might follow.
+
+The course you would have it understood I agreed to pursue was in
+violation of law and without orders from you, while the course I did
+pursue, and which I never doubted you fully understood, was in
+accordance with law and not in disobedience of any orders of my
+superior.
+
+And now, Mr. President, when my honor as a soldier and integrity as a
+man have been so violently assailed, pardon me for saying that I can but
+regard this whole matter, from the beginning to the end, as an attempt
+to involve me in the resistance of law, for which you hesitated to
+assume the responsibility in orders, and thus to destroy my character
+before the country. I am in a measure confirmed in this conclusion by
+your recent orders directing me to disobey orders from the Secretary of
+War, my superior and your subordinate, without having countermanded his
+authority to issue the orders I am to disobey.
+
+With the assurance, Mr. President, that nothing less than a vindication
+of my personal honor and character could have induced this
+correspondence on my part,
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+Respectfully forwarded to the Secretary of War for his information, and
+to be made a part of correspondence previously furnished on same subject.
+
+U.S. GRANT, _General_.
+
+[Footnote 52: See pp. 615-618.]
+
+[Footnote 53: See pp. 613-615.]
+
+
+
+WASHINGTON, _February 17, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In reply to the resolution adopted by the House of Representatives on
+the 19th of December last, calling for correspondence and information
+in relation to Russian America, I transmit reports and accompanying
+documents from the Secretary of State and the Secretary of the Treasury,
+respectively.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the 17th of
+January last, calling for information in regard to the execution of the
+treaty of 1858 with China, for the settlement of claims, I transmit a
+report of the Secretary of State and the papers which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 19, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Attorney-General, prepared in
+compliance with the resolution of the House of Representatives of the
+26th November, 1867, requesting a list of all pardons "granted since
+the 14th day of April, 1865, to any person or persons charged with or
+convicted of making or passing counterfeit money, or having counterfeit
+money or tools or instruments for making the same in his or their
+possession, or charged with or convicted of the crime of forgery or
+criminal alteration of papers, accounts, or other documents, or of the
+crime of perjury, and that such list be accompanied by a particular
+statement in each case of the reasons or grounds of the pardon, with a
+disclosure of the names of persons, if any, who recommended or advised
+the same."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 19, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, prepared in
+compliance with a resolution adopted by the Senate on the 2d day of
+December last, requesting "a full list of the names of all persons
+pardoned by the President since May 1, 1865, who have been convicted of
+counterfeiting United States bonds, greenbacks, national-bank currency,
+fractional currency, or the coin of the United States, with the date of
+issuing each pardon, reasons for issuing it, and by whom recommended."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 18th of December last,
+requesting information in regard to the island of San Juan, on Puget
+Sound, I transmit a report from the Secretary of State and the papers
+which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1868_.
+
+_To the Senate of the United States_:
+
+With reference to the convention between Denmark and the United States
+concluded on the 24th of October last, I transmit to the Senate a copy
+in translation of a note of the 19th instant addressed to the Secretary
+of State by His Danish Majesty's chargé d'affaires, announcing the
+ratification of the convention by the Government of Denmark and stating
+his readiness to proceed with the customary exchange of ratifications.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 21, 1868_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a communication from the Chief of the Engineer Corps
+of the Army, accompanied by a report, in reference to ship canals around
+the Falls of the Ohio River, called for by the resolution of the House
+of Representatives of the 18th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 21, 1868_.
+
+_To the Senate of the United States_:
+
+On the 12th day of August, 1867, by virtue of the power and authority
+vested in the President by the Constitution and laws of the United
+States, I suspended Edwin M. Stanton from the office of Secretary of
+War.
+
+In further exercise of the power and authority so vested in the
+President, I have this day removed Mr. Stanton from office and
+designated the Adjutant-General of the Army to act as Secretary
+of War _ad interim_.
+
+Copies of the communications upon this subject addressed to Mr. Stanton
+and the Adjutant-General are herewith transmitted for the information of
+the Senate.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 22, 1868_.
+
+_To the Senate of the United States_:
+
+I have received a copy of the resolution adopted by the Senate on the
+21st instant, as follows:
+
+ Whereas the Senate have received and considered the communication of
+ the President stating that he had removed Edwin M. Stanton, Secretary
+ of War, and had designated the Adjutant-General of the Army to act as
+ Secretary of War _ad interim_: Therefore,
+
+ _Resolved by the Senate of the United States_, That under the
+ Constitution and laws of the United States the President has no power
+ to remove the Secretary of War and designate any other officer to
+ perform the duties of that office _ad interim_.
+
+
+This resolution is confined to the power of the President to remove the
+Secretary of War and to designate another officer to perform the duties
+of the office _ad interim_, and by its preamble is made expressly
+applicable to the removal of Mr. Stanton and the designation to act
+_ad interim_ of the Adjutant-General of the Army. Without, therefore,
+attempting to discuss the general power of removal as to all officers,
+upon which subject no expression of opinion is contained in the
+resolution, I shall confine myself to the question as thus limited--the
+power to remove the Secretary of War.
+
+It is declared in the resolution--
+
+ That under the Constitution and laws of the United States the President
+ has no power to remove the Secretary of War and designate any other
+ officer to perform the duties of that office _ad interim_.
+
+
+As to the question of power under the Constitution, I do not propose at
+present to enter upon its discussion.
+
+The uniform practice from the beginning of the Government, as
+established by every President who has exercised the office, and the
+decisions of the Supreme Court of the United States have settled the
+question in favor of the power of the President to remove all officers
+excepting a class holding appointments of a judicial character. No
+practice nor any decision has ever excepted a Secretary of War from this
+general power of the President to make removals from office.
+
+It is only necessary, then, that I should refer to the power of the
+Executive, under the laws of the United States, to remove from office a
+Secretary of War. The resolution denies that under these laws this power
+has any existence. In other words, it affirms that no such authority is
+recognized or given by the statutes of the country.
+
+What, then, are the laws of the United States which deny the President
+the power to remove that officer? I know but two laws which bear upon
+this question. The first in order of time is the act of August 7, 1789,
+creating the Department of War, which, after providing for a Secretary
+as its principal officer, proceeds as follows:
+
+ SEC. 2. _And be it further enacted_, That there shall be in the said
+ Department an inferior officer, to be appointed by the said principal
+ officer, to be employed therein as he shall deem proper, and to be
+ called the chief clerk in the Department of War, and who, whenever the
+ said principal officer shall be removed from office by the President of
+ the United States, or in any other case of vacancy, shall during such
+ vacancy have the charge and custody of all records, books, and papers
+ appertaining to the said Department.
+
+
+It is clear that this act, passed by a Congress many of whose members
+participated in the formation of the Constitution, so far from denying
+the power of the President to remove the Secretary of War, recognizes
+it as existing in the Executive alone, without the concurrence of the
+Senate or of any other department of the Government. Furthermore, this
+act does not purport to confer the power by legislative authority, nor
+in fact was there any other existing legislation through which it was
+bestowed upon the Executive. The recognition of the power by this act is
+therefore complete as a recognition under the Constitution itself, for
+there was no other source or authority from which it could be derived.
+
+The other act which refers to this question is that regulating the
+tenure of certain civil offices, passed by Congress on the 2d day of
+March, 1867. The first section of that act is in the following words:
+
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office, and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: _Provided_,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of
+ the President by whom they may have been appointed and for one month
+ thereafter, subject to removal by and with the advice and consent of
+ the Senate.
+
+
+The fourth section of the same act restricts the term of offices to the
+limit prescribed by the law creating them.
+
+That part of the first section which precedes the proviso declares that
+every person holding a civil office to which he has been or may be
+appointed by and with the advice and consent of the Senate shall hold
+such office until a successor shall have been in like manner appointed.
+It purports to take from the Executive, during the fixed time
+established for the tenure of the office, the independent power of
+removal, and to require for such removal the concurrent action of the
+President and the Senate.
+
+The proviso that follows proceeds to fix the term of office of the seven
+heads of Departments, whose tenure never had been defined before, by
+prescribing that they "shall hold their offices, respectively, for and
+during the term of the President by whom they may have been appointed
+and for one month thereafter, subject to removal by and with the advice
+and consent of the Senate."
+
+Thus, as to these enumerated officers, the proviso takes from the
+President the power of removal except with the advice and consent of the
+Senate. By its terms, however, before he can be deprived of the power to
+displace them it must appear that he himself has appointed them. It is
+only in that case that they have any tenure of office or any independent
+right to hold during the term of the President and for one month after
+the cessation of his official functions. The proviso, therefore, gives
+no tenure of office to any one of these officers who has been appointed
+by a former President beyond one month after the accession of his
+successor.
+
+In the case of Mr. Stanton, the only appointment under which he
+held the office of Secretary of War was that conferred upon him by my
+immediate predecessor, with the advice and consent of the Senate. He has
+never held from me any appointment as the head of the War Department.
+Whatever right he had to hold the office was derived from that original
+appointment and my own sufferance. The law was not intended to protect
+such an incumbent of the War Department by taking from the President the
+power to remove him. This, in my judgment, is perfectly clear, and the
+law itself admits of no other just construction. We find in all that
+portion of the first section which precedes the proviso that as to civil
+officers generally the President is deprived of the power of removal,
+and it is plain that if there had been no proviso that power would just
+as clearly have been taken from him so far as it applies to the seven
+heads of Departments. But for reasons which were no doubt satisfactory
+to Congress these principal officers were specially provided for, and as
+to them the express and only requirement is that the President who has
+appointed them shall not without the advice and consent of the Senate
+remove them from office. The consequence is that as to my Cabinet,
+embracing the seven officers designated in the first section, the act
+takes from me the power, without the concurrence of the Senate, to
+remove any one of them that I have appointed, but it does not protect
+such of them as I did not appoint, nor give to them any tenure of office
+beyond my pleasure.
+
+An examination of this act, then, shows that while in one part of the
+section provision is made for officers generally, in another clause
+there is a class of officers, designated by their official titles, who
+are excepted from the general terms of the law, and in reference to whom
+a clear distinction is made as to the general power of removal limited
+in the first clause of the section.
+
+This distinction is that as to such of these enumerated officers as hold
+under the appointment of the President the power of removal can only be
+exercised by him with the consent of the Senate, while as to those who
+have not been appointed by him there is no like denial of his power to
+displace them. It would be a violation of the plain meaning of this
+enactment to place Mr. Stanton upon the same footing as those heads of
+Departments who have been appointed by myself. As to him, this law gives
+him no tenure of office. The members of my Cabinet who have been
+appointed by me are by this act entitled to hold for one month after the
+term of my office shall cease; but Mr. Stanton could not, against the
+wishes of my successor, hold a moment thereafter. If he were permitted
+by that successor to hold for the first two weeks, would that successor
+have no power to remove him? But the power of my successor over him
+could be no greater than my own. If my successor would have the power to
+remove Mr. Stanton after permitting him to remain a period of two weeks,
+because he was not appointed by him, but by his predecessor, I, who have
+tolerated Mr. Stanton for more than two years, certainly have the same
+right to remove him, and upon the same ground, namely, that he was not
+appointed by me, but by my predecessor.
+
+Under this construction of the tenure-of-office act, I have never
+doubted my power to remove Mr. Stanton.
+
+Whether the act were constitutional or not, it was always my opinion
+that it did not secure him from removal. I was, however, aware that
+there were doubts as to the construction of the law, and from the first
+I deemed it desirable that at the earliest possible moment those doubts
+should be settled and the true construction of the act fixed by decision
+of the Supreme Court of the United States. My order of suspension in
+August last was intended to place the case in such a position as would
+make a resort to a judicial decision both necessary and proper. My
+understanding and wishes, however, under that order of suspension were
+frustrated, and the late order for Mr. Stanton's removal was a further
+step toward the accomplishment of that purpose.
+
+I repeat that my own convictions as to the true construction of the law
+and as to its constitutionality were well settled and were sustained
+by every member of my Cabinet, including Mr. Stanton himself. Upon the
+question of constitutionality, each one in turn deliberately advised me
+that the tenure-of-office act was unconstitutional. Upon the question
+whether, as to those members who were appointed by my predecessor,
+that act took from me the power to remove them, one of those members
+emphatically stated in the presence of the others sitting in Cabinet
+that they did not come within the provisions of the act, and it was
+no protection to them. No one dissented from this construction, and
+I understood them all to acquiesce in its correctness. In a matter of
+such grave consequence I was not disposed to rest upon my own opinions,
+though fortified by my constitutional advisers. I have therefore sought
+to bring the question at as early a day as possible before the Supreme
+Court of the United States for final and authoritative decision.
+
+In respect to so much of the resolution as relates to the designation
+of an officer to act as Secretary of War _ad interim_, I have only to
+say that I have exercised this power under the provisions of the first
+section of the act of February 13, 1795, which, so far as they are
+applicable to vacancies caused by removals, I understand to be still
+in force.
+
+The legislation upon the subject of _ad interim_ appointments in the
+Executive Departments stands, as to the War Office, as follows:
+
+The second section of the act of the 7th of August, 1789, makes
+provision for a vacancy in the very case of a removal of the head of the
+War Department, and upon such a vacancy gives the charge and custody
+of the records, books, and papers to the chief clerk. Next, by the act
+of the 8th of May, 1792, section 8, it is provided that in case of a
+vacancy occasioned by death, absence from the seat of Government, or
+sickness of the head of the War Department the President may authorize
+a person to perform the duties of the office until a successor is
+appointed or the disability removed. The act, it will be observed, does
+not provide for the case of a vacancy caused by removal. Then, by the
+first section of the act of February 13, 1795, it is provided that in
+case of any vacancy the President may appoint a person to perform the
+duties while the vacancy exists.
+
+These acts are followed by that of the 20th of February, 1863, by the
+first section of which provision is again made for a vacancy caused by
+death, resignation, absence from the seat of Government, or sickness of
+the head of any Executive Department of the Government, and upon the
+occurrence of such a vacancy power is given to the President--
+
+ to authorize the head of any other Executive Department, or other
+ officer in either of said Departments whose appointment is vested in
+ the President, at his discretion, to perform the duties of the said
+ respective offices until a successor be appointed or until such absence
+ or inability by sickness shall cease: _Provided_, That no one vacancy
+ shall be supplied in manner aforesaid for a longer term than six months.
+
+
+This law, with some modifications, reenacts the act of 1792, and
+provides, as did that act, for the sort of vacancies so to be filled;
+but, like the act of 1792, it makes no provision for a vacancy
+occasioned by removal. It has reference altogether to vacancies arising
+from other causes.
+
+According to my construction of the act of 1863, while it impliedly
+repeals the act of 1792 regulating the vacancies therein described, it
+has no bearing whatever upon so much of the act of 1795 as applies to a
+vacancy caused by removal. The act of 1795 therefore furnishes the rule
+for a vacancy occasioned by removal--one of the vacancies expressly
+referred to in the act of the 7th of August, 1789, creating the
+Department of War. Certainly there is no express repeal by the act of
+1863 of the act of 1795. The repeal, if there is any, is by implication,
+and can only be admitted so far as there is a clear inconsistency
+between the two acts. The act of 1795 is inconsistent with that of 1863
+as to a vacancy occasioned by death, resignation, absence, or sickness,
+but not at all inconsistent as to a vacancy caused by removal.
+
+It is assuredly proper that the President should have the same power to
+fill temporarily a vacancy occasioned by removal as he has to supply
+a place made vacant by death or the expiration of a term. If, for
+instance, the incumbent of an office should be found to be wholly unfit
+to exercise its functions, and the public service should require his
+immediate expulsion, a remedy should exist and be at once applied, and
+time be allowed the President to select and appoint a successor, as is
+permitted him in case of a vacancy caused by death or the termination of
+an official term.
+
+The necessity, therefore, for an _ad interim_ appointment is just as
+great, and, indeed, may be greater in cases of removal than in any
+others. Before it be held, therefore, that the power given by the act
+of 1795 in cases of removal is abrogated by succeeding legislation an
+express repeal ought to appear. So wholesome a power should certainly
+not be taken away by loose implication.
+
+It may be, however, that in this, as in other cases of implied repeal,
+doubts may arise. It is confessedly one of the most subtle and debatable
+questions which arise in the construction of statutes. If upon such a
+question I have fallen into an erroneous construction, I submit whether
+it should be characterized as a violation of official duty and of law.
+
+I have deemed it proper, in vindication of the course which I have
+considered it my duty to take, to place before the Senate the reasons
+upon which I have based my action. Although I have been advised by
+every member of my Cabinet that the entire tenure-of-office act is
+unconstitutional, and therefore void, and although I have expressly
+concurred in that opinion in the veto message which I had the honor
+to submit to Congress when I returned the bill for reconsideration,
+I have refrained from making a removal of any officer contrary to the
+provisions of the law, and have only exercised that power in the case of
+Mr. Stanton, which, in my judgment, did not come within its provisions.
+I have endeavored to proceed with the greatest circumspection, and have
+acted only in an extreme and exceptional case, carefully following the
+course which I have marked out for myself as a general rule, faithfully
+to execute all laws, though passed over my objections on the score of
+constitutionality. In the present instance I have appealed, or sought
+to appeal, to that final arbiter fixed by the Constitution for the
+determination of all such questions. To this course I have been impelled
+by the solemn obligations which rest upon me to sustain inviolate the
+powers of the high office committed to my hands.
+
+Whatever may be the consequences merely personal to myself, I could not
+allow them to prevail against a public duty so clear to my own mind, and
+so imperative. If what was possible had been certain, if I had been
+fully advised when I removed Mr. Stanton that in thus defending the
+trust committed to my hands my own removal was sure to follow, I could
+not have hesitated. Actuated by public considerations of the highest
+character, I earnestly protest against the resolution of the Senate
+which charges me in what I have done with a violation of the
+Constitution and laws of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 25, 1868_.
+
+_To the Senate of the United States_:
+
+In further answer of the resolution of the Senate of the 13th of January
+last, relative to the appointment of the Hon. Anson Burlingame to a
+diplomatic or other mission by the Emperor of China, I transmit a report
+from the Secretary of State and the communication which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 26, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the General Commanding the Army of the
+United States, prepared in compliance with the resolution of the Senate
+of the 4th instant, requesting copies of all instructions relating to
+the Third Military District issued to General Pope and General Meade.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 4, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th February ultimo,
+concerning the alleged interference of the United States consul at Rome
+in the late difficulty in Italy, I transmit a report from the Secretary
+of State, containing the information called for by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit a report of this date from the Secretary of State, and the
+accompanying papers, in regard to the revolution in the Dominican
+Republic.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 21st of February last,
+in relation to the abduction of one Allan Macdonald from Canada, I
+transmit a communication from the Secretary of State, accompanied by the
+papers relating to that subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to the resolution of the House of Representatives of the
+7th of January last, in relation to the claim of the late Benjamin W.
+Perkins against the Russian Government, I transmit a communication from
+the Secretary of State, which is accompanied by the papers called for
+by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate the accompanying report[54] of the Secretary of
+State, in answer to their resolution of the 13th January,
+
+ANDREW JOHNSON.
+
+[Footnote 54: Relating to a claim, under the act of Congress of August
+18, 1856, of citizens of the United States to guano on Alta Vela, an
+island in the vicinity of Santo Domingo.]
+
+
+
+WASHINGTON, _March 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a treaty between the United States and His Majesty the
+King of Prussia, in the name of the North German Confederation, for the
+purpose of regulating the citizenship of those persons who emigrate from
+the Confederation to this country and from the United States to the
+North German Confederation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 11, 1868_.
+
+_To the House of Representatives_:
+
+In further answer to the resolution of the House of Representatives of
+the 25th of November, 1867, calling for information in relation to the
+trial and conviction of American citizens in Great Britain and Ireland
+for the last two years, I transmit a continuation of the report from the
+Secretary of State upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 14, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th of January
+last, in relation to the arrest and trial of the Rev. John McMahon,
+Robert B. Lynch, and John Warren by the Government of Great Britain, and
+requesting to be informed what action has been taken by this Government
+in maintaining the rights of American citizens abroad, I transmit a
+report of the Secretary of State, which is accompanied by a copy of
+the papers called for by that resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 18, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made on the 2d day of March, 1868, by and between Nathaniel G.
+Taylor, Commissioner of Indian Affairs; Alexander C. Hunt, governor and
+_ex officio_ superintendent of Indian affairs of Colorado Territory, and
+Kit Carson, on the part of the United States, and the representatives
+of the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and
+Uintah bands of Ute Indians.
+
+A letter of the Secretary of the Interior of the 17th instant and the
+papers therein referred to are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 24, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention, signed on the 23d instant, for the surrender
+of criminals, between the United States and the Government of Italy.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 24, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[55] and accompanying documents, in answer
+to a resolution of the House of Representatives of the 18th ultimo.
+
+ANDREW JOHNSON.
+
+[Footnote 55: Relating to unexpended appropriations for contingent
+expenses of foreign intercourse; amount remaining on deposit with
+Baring Brothers & Co. September 30, 1867, etc.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to a resolution
+of the 9th instant, the accompanying report[56] from the Secretary of
+State.
+
+ANDREW JOHNSON.
+
+[Footnote 56: Declining to transmit copies of correspondence,
+negotiations, and treaties with German States since January 1, 1868,
+relative to the rights of naturalized citizens.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report and accompanying document,[57] in answer
+to a resolution of the House of Representatives of the 18th ultimo.
+
+ANDREW JOHNSON.
+
+[Footnote 57: Statement of amounts paid for legal services by the
+Department of State during each year since 1860, with names of persons
+to whom paid.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the 18th
+ultimo, relating to the report of Mr. Cowdin, I transmit a report of
+the Secretary of State and the document[58] to which it refers.
+
+ANDREW JOHNSON.
+
+[Footnote 58: Report of Elliot C. Cowdin, United States commissioner
+to the Paris Exposition of 1867, on silk and silk manufactures.]
+
+
+
+WASHINGTON, _April 2, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in further answer to their
+resolution of the 9th ultimo, the accompanying report[59] from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 59: Transmitting correspondence pertaining to the convention
+of February 22, 1868, with the North German Confederation, relative to
+naturalization.]
+
+
+
+WASHINGTON, _April 2, 1868_.
+
+_To the House of Representatives_:
+
+In further reply to the resolution adopted by the House of Representatives
+on the 19th of December, 1867, calling for correspondence and information
+in relation to Russian America, I transmit a report from the Secretary of
+State and the papers which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 3, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State and the papers
+accompanying it, in answer to a resolution of the House of
+Representatives of the 10th of February last, requesting information
+relative to the imprisonment and destruction of the property of Antonio
+Pelletier by the people and authorities of Hayti.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th of February last,
+calling for the correspondence upon the subject of the murder by the
+inhabitants of the island of Formosa of the ship's company of the
+American bark _Rover_, I transmit a report from the Secretary of State
+and a report from the Secretary of the Navy, with accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 18, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 14th of April instant,
+calling for information relative to any application by any party for
+exclusive privileges in connection with hunting, trading, and the
+fisheries in Alaska, I transmit herewith the report of the Secretary
+of State on the subject, with its accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 22, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 28th ultimo,
+requesting information as to the number and designations of military
+departments formed since the 1st day of August, 1867, and as to the
+statute or other authority under which they have been established,
+I transmit a report from the Adjutant-General's Office showing the
+organization since that date of the Department of Alaska and the
+Military Division of the Atlantic.
+
+The orders issued by me upon this subject are in accordance with
+long-established usage and hitherto unquestioned authority. This will be
+readily seen from the accompanying report, which shows that, employing
+the authority vested by the Constitution in the President as Commander
+in Chief of the Army, it has been customary for my predecessors to
+create such military divisions and departments as from time to time
+they deemed advisable.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I submit a report of the Secretary of State, concerning the
+naturalization treaty recently negotiated between the United States
+and North Germany.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 5, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents, which I deem it
+proper to state are all the papers[60] that have been submitted to the
+President relating to the proceedings to which they refer in the States
+of South Carolina and Arkansas.
+
+ANDREW JOHNSON.
+
+[Footnote 60: Constitutions of South Carolina and Arkansas.]
+
+
+
+WASHINGTON, _May 6, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in further answer to their resolution of the
+14th of April last, the accompanying report[61] from the Secretary of
+State.
+
+ANDREW JOHNSON.
+
+[Footnote 61: Relating to application for exclusive privileges in
+connection with hunting, trading, and the fisheries in Alaska.]
+
+
+
+WASHINGTON, D.C., _May 8, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the Secretary of the Treasury and the
+Secretary of the Navy, prepared in compliance with a resolution of the
+House of Representatives of the 12th of December last, requesting
+information respecting the sale of public vessels since the close of the
+rebellion. No report upon the subject has yet been received from the
+Department of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 9, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their resolution
+of the 14th ultimo, a report from the Secretary of State, with accompanying
+papers.[62]
+
+ANDREW JOHNSON.
+
+[Footnote 62: Report of Freeman H. Morse, United States consul at
+Condon, on "The Foreign Maritime Commerce of the United States: Its
+Past, Present, and Future," etc.]
+
+
+
+WASHINGTON, _May 9, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the Secretary of the Treasury and the
+Attorney-General, prepared in compliance with the resolution of the
+Senate of the 17th December last, requesting information in reference to
+the seizure and confiscation of property. No report upon this subject
+has yet been received by me from the War Department.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 11, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents,[63] which embrace
+all the papers that have been submitted to me relating to the proceedings
+to which they refer in the States of North Carolina and Louisiana.
+
+ANDREW JOHNSON.
+
+[Footnote 63: Constitutions of North Carolina and Louisiana.]
+
+
+
+WASHINGTON, _May 15, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 8th instant, a report[64] from the Secretary of State,
+with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 64: Relating to the detention, at the request of the House
+of Representatives, of the ironclad monitors _Oneoto_ and _Catawba_,
+purchased from the United States by Swift & Co., and supposed to be
+intended for the Government of Peru, then at war with a power friendly
+to the United States.]
+
+
+
+WASHINGTON, D.C., _May 18, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying document,[65] which is the
+only paper which has been submitted to me relating to the proceedings
+to which it refers in the State of Georgia.
+
+ANDREW JOHNSON.
+
+[Footnote 65: Constitution of Georgia.]
+
+
+
+WASHINGTON, _May 23, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with
+accompaniments, in relation to recent events in the Empire of Japan.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents,[66] which are the
+only papers which have been submitted to me relating to the proceedings
+to which they refer in the State of Florida.
+
+ANDREW JOHNSON.
+
+[Footnote 66: Letter from the president of the constitutional convention
+of Florida, transmitting a copy of the constitution of that State.]
+
+
+
+WASHINGTON, _May 29, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a letter from the Secretary of the Navy, in reply
+to the resolution of the House of Representatives adopted on the 26th
+instant, making inquiries relative to a naval force at Hayti.
+
+ANDREW JOHNSON.
+
+
+WASHINGTON, _June 2, 1868_.
+
+_To the Senate of the United States_:
+
+I communicate, for the information of the Senate, in confidence, a
+report of the Secretary of State, accompanied by a copy of a dispatch
+recently received from the acting consul of the United States at San
+Jose, Costa Rica.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 2, 1868_.
+
+_To the Senate of the United States_:
+
+I communicate, for the consideration of the Senate, a report from
+the Secretary of State, accompanied by a copy of a dispatch recently
+received from the acting United States consul in charge of the legation
+at San Jose, Costa Rica.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 5, 1868_.
+
+_To the House of Representatives_:
+
+In further answer to the resolution of the House of Representatives of
+the 25th of November, 1867, calling for information in relation to the
+trial and conviction of American citizens in Great Britain and Ireland
+for the last two years, I transmit the accompanying report from the
+Secretary of State upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 8, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 28th ultimo, I
+transmit herewith a communication from the Postmaster-General, with a
+copy of the correspondence recently had with the authorities of Great
+Britain in relation to a new postal treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C. _June 10, 1868_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the
+1st instant, I transmit herewith a report from the Secretary of the
+Interior, in reference to a treaty now being negotiated between the
+Great and Little Osage Indians and the special Indian commissioners
+acting on the part of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C. _June 13, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith submit to the Senate, for its constitutional action thereon,
+a treaty concluded on the 27th ultimo between commissioners on the part
+of the United States and the Great and Little Osage tribe of Indians of
+Kansas, together with a communication from the Secretary of the Interior
+suggesting an amendment to the fourteenth article, and a copy of the
+report of the commissioners.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 15, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, made in
+reply to the resolution adopted by the House of Representatives on the
+13th instant.
+
+The treaty recently concluded with the Great and Little Osage Indians,
+to which the accompanying report refers, was submitted to the Senate
+prior to the receipt of the resolution of the House upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to its
+ratification, a treaty between the United States and His Majesty the
+King of Bavaria, signed at Munich on the 26th ultimo, concerning the
+citizenship of persons emigrating from Bavaria to the United States and
+from the United States to the Kingdom of Bavaria. I transmit also a copy
+of the letter of the United States minister communicating the treaty, of
+the protocol which accompanied it, and a translation of the Bavarian
+military law referred to in the latter paper.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty concluded at Fort Sumner, N. Mex., on the 1st instant,
+between Lieutenant-General W. T. Sherman and Colonel Samuel F. Tappan,
+on the part of the United States, and the chiefs and headmen of the
+Navajo Indians, on the part of the latter. I also transmit a communication
+upon the subject from the Secretary of the Interior, with the accompanying
+papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 28th
+ultimo, a report from the Secretary of State, with accompanying
+papers.[67]
+
+ANDREW JOHNSON.
+
+[Footnote 67: Correspondence relative to the act of Congress of March
+27, 1867, prohibiting persons in the diplomatic service of the United
+States from wearing any uniform or official costume not previously
+authorized by Congress.]
+
+
+
+WASHINGTON, _June 23, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of the 15th instant, upon the
+subject of Messrs. Warren and Costello, who have been convicted and
+sentenced to penal imprisonment in Great Britain.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 23, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a copy of a dispatch addressed to the
+Department of State by the consul of the United States at Bangkok,
+Siam, dated December 31, 1867, with a view to its consideration and
+the ratification thereof, of the modification proposed by the royal
+counselors of the Kingdom of Siam in Article I of the general
+regulations which form a part of the treaty between the United States
+and that Kingdom concluded May 29, 1856, of which a printed copy is
+also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 29, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a dispatch from the United States
+consul at Elsinore, and of an instruction from the Secretary of State
+to the United States minister at Copenhagen, relative to an alleged
+practice of the Danish authorities to banish convicts to this country.
+The expediency of making it a penal offense to bring such persons to
+the United States is submitted to your consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 2, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State of the 2d
+instant, together with accompanying papers.[68]
+
+ANDREW JOHNSON.
+
+[Footnote 68: Petitions of merchants and shipowners of New York and
+Boston relative to the detention, at the request of the House of
+Representatives, of the ironclad monitors _Oneoto_ and _Calawba_,
+purchased from the United States by Swift & Co., and supposed to be
+intended for the Government of Peru, then at war with a power friendly
+to the United States.]
+
+
+
+WASHINGTON, D.C., _July 7, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded at Fort Laramie, Dakota Territory, on the 7th of May,
+1868, between the United States and the chiefs and headmen of the Crow
+Indians of Montana, and a treaty concluded at Fort Lyaramie, Dakota
+Territory, on the 10th of May, 1868, between the United States and the
+chiefs and headmen of the Northern Cheyenne and Northern Arapahoe tribes
+of Indians.
+
+A letter from the Secretary of the Interior suggesting amendments to
+said treaties, and the papers to which he refers in his communication,
+are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Ottawa, Kans., on the 1st day of June,
+1868, between the United States and the Swan Creek and Black River
+Chippewas and the Munsee or Christian Indians of the State of Kansas.
+
+Accompanying the treaty is a letter from the Secretary of the Interior,
+dated the 30th ultimo, together with the papers therein designated.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 9, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+additional articles to the treaty between the United States and His
+Majesty the Emperor of China of the 18th June, 1858, signed in this city
+on the 4th instant by the plenipotentiaries of the parties.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a convention between the United States and the Mexican Republic, signed
+in this city by the plenipotentiaries of the parties on the 4th instant,
+providing for an adjustment of claims of citizens of the United States
+on the Mexican Government and of Mexican citizens on the Government of
+the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1868_.
+
+_To the Senate of the United States_:
+
+Referring to my message to the Senate of the 23d of May last, I herewith
+transmit a further report from the Secretary of State, with an
+accompanying document, relative to late occurrences in Japan.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 14, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, inclosing
+a list of the States of the Union whose legislatures have ratified the
+proposed fourteenth article of amendment to the Constitution of the
+United States, and also a copy of the resolutions of ratification, as
+called for in the Senate's resolution of the 9th instant, together with
+a copy of the respective resolutions of the legislatures of Ohio and New
+Jersey purporting to rescind the resolutions of ratification of said
+amendment which had previously been adopted by the legislatures of these
+two States, respectively, or to withdraw their consent to the same.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 15, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I hereby transmit to Congress a report, with the accompanying
+papers, received from the Secretary of State, in compliance with the
+requirements of the eighteenth section of the act entitled "An act to
+regulate the diplomatic and consular systems of the United States,"
+approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 15, 1868_.
+
+_To the Congress of the United States_:
+
+I submit herewith a correspondence between the Secretary of State and
+Mr. Robert B. Van Valkenburgh, minister resident of the United States
+in Japan. It seems to show the importance of an amendment of the law
+of the United States prohibiting the cooly trade.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of a
+paper received by him to-day, purporting to be a resolution ratifying on
+the part of the State of Louisiana the proposed amendment to the
+Constitution of the United States known as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of a
+paper received by me on the 18th instant, purporting to be a resolution
+of the senate and house of representatives of the State of South
+Carolina, ratifying the proposed amendment to the Constitution of the
+United States known as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 18, 1868_.
+
+_To the Senate and House of Representatives_:
+
+Experience has fully demonstrated the wisdom of the framers of the
+Federal Constitution. Under all circumstances the result of their
+labors was as near an approximation to perfection as was compatible
+with the fallibility of man. Such being the estimation in which the
+Constitution is and has ever been held by our countrymen, it is not
+surprising that any proposition for its alteration or amendment should
+be received with reluctance and distrust. While this sentiment deserves
+commendation and encouragement as a useful preventive of unnecessary
+attempt to change its provisions, it must be conceded that time has
+developed imperfections and omissions in the Constitution, the
+reformation of which has been demanded by the best interests of the
+country. Some of these have been remedied in the manner provided in
+the Constitution itself. There are others which, although heretofore
+brought to the attention of the people, have never been so presented
+as to enable the popular judgment to determine whether they should
+be corrected by means of additional amendments. My object in this
+communication is to suggest certain defects in the Constitution which
+seem to me to require correction, and to recommend that the judgment
+of the people be taken on the amendments proposed.
+
+The first of the defects to which I desire to direct attention is in
+that clause of the Constitution which provides for the election of
+President and Vice-President through the intervention of electors, and
+not by an immediate vote of the people. The importance of so amending
+this clause as to secure to the people the election of President and
+Vice-President by their direct votes was urged with great earnestness
+and ability by President Jackson in his first annual message, and the
+recommendation was repeated in five of his subsequent communications to
+Congress, extending through the eight years of his Administration. In
+his message of 1829 he said:
+
+ To the people belongs the right of electing their Chief Magistrate; it
+ was never designed that their choice should in any case be defeated,
+ either by the intervention of electoral colleges or by the agency
+ confided, under certain contingencies, to the House of Representatives.
+
+
+He then proceeded to state the objections to an election of President
+by the House of Representatives, the most important of which was that
+the choice of a clear majority of the people might be easily defeated.
+He then closed the argument with the following communication:
+
+ I would therefore recommend such an amendment of the Constitution as
+ may remove all intermediate agency in the election of the President and
+ Vice-President. The mode may be so regulated as to preserve to each
+ State its present relative weight in the election, and a failure in the
+ first attempt may be provided for by confining the second to a choice
+ between the two highest candidates. In connection with such an amendment
+ it would seem advisable to limit the service of the Chief Magistrate to
+ a single term of either four or six years. If, however, it should not be
+ adopted, it is worthy of consideration whether a provision disqualifying
+ for office the Representatives in Congress on whom such an election may
+ have devolved would not be proper.
+
+
+Although this recommendation was repeated with undiminished
+earnestness in several of his succeeding messages, yet the proposed
+amendment was never adopted and submitted to the people by Congress. The
+danger of a defeat of the people's choice in an election by the House of
+Representatives remains unprovided for in the Constitution, and would
+be greatly increased if the House of Representatives should assume the
+power arbitrarily to reject the votes of a State which might not be
+cast in conformity with the wishes of the majority in that body.
+
+But if President Jackson failed to secure the amendment to the
+Constitution which he urged so persistently, his arguments contributed
+largely to the formation of party organizations, which have effectually
+avoided the contingency of an election by the House of Representatives.
+These organizations, first by a resort to the caucus system of
+nominating candidates, and afterwards to State and national conventions,
+have been successful in so limiting the number of candidates as to
+escape the danger of an election by the House of Representatives.
+
+It is clear, however, that in thus limiting the number of candidates
+the true object and spirit of the Constitution have been evaded and
+defeated. It is an essential feature in our republican system of
+government that every citizen possessing the constitutional
+qualifications has a right to become a candidate for the office of
+President and Vice-President, and that every qualified elector has a
+right to cast his vote for any citizen whom he may regard as worthy of
+these offices. But under the party organizations which have prevailed
+for years these asserted rights of the people have been as effectually
+cut off and destroyed as if the Constitution itself had inhibited their
+exercise.
+
+The danger of a defeat of the popular choice in an election by the House
+of Representatives is no greater than in an election made nominally by
+the people themselves, when by the laws of party organizations and by
+the constitutional provisions requiring the people to vote for electors
+instead of for the President or Vice-President it is made impracticable
+for any citizen to be a candidate except through the process of a party
+nomination, and for any voter to cast his suffrage for any other person
+than one thus brought forward through the manipulations of a nominating
+convention. It is thus apparent that by means of party organizations
+that provision of the Constitution which requires the election of
+President and Vice-President to be made through the electoral colleges
+has been made instrumental and potential in defeating the great object
+of conferring the choice of these officers upon the people. It may be
+conceded that party organizations are inseparable from republican
+government, and that when formed and managed in subordination to the
+Constitution they may be valuable safeguards of popular liberty; but
+when they are perverted to purposes of bad ambition they are liable
+to become the dangerous instruments of overthrowing the Constitution
+itself. Strongly impressed with the truth of these views, I feel
+called upon by an imperative sense of duty to revive substantially the
+recommendation so often and so earnestly made by President Jackson,
+and to urge that the amendment to the Constitution herewith presented,
+or some similar proposition, may be submitted to the people for their
+ratification or rejection.
+
+Recent events have shown the necessity of an amendment to the
+Constitution distinctly defining the persons who shall discharge the
+duties of President of the United States in the event of a vacancy in
+that office by the death, resignation, or removal of both the President
+and Vice-President. It is clear that this should be fixed by the
+Constitution, and not be left to repealable enactments of doubtful
+constitutionality. It occurs to me that in the event of a vacancy in the
+office of President by the death, resignation, disability, or removal of
+both the President and Vice-President the duties of the office should
+devolve upon an officer of the executive department of the Government,
+rather than one connected with the legislative or judicial departments.
+The objections to designating either the President _pro tempore_ of
+the Senate or the Chief Justice of the Supreme Court, especially
+in the event of a vacancy produced by removal, are so obvious and so
+unanswerable that they need not be stated in detail. It is enough
+to state that they are both interested in producing a vacancy, and,
+according to the provisions of the Constitution, are members of the
+tribunal by whose decree a vacancy may be produced.
+
+Under such circumstances the impropriety of designating either
+of these officers to succeed the President so removed is palpable.
+The framers of the Constitution, when they referred to Congress the
+settlement of the succession to the office of President in the event of
+a vacancy in the offices of both President and Vice-President, did not,
+in my opinion, contemplate the designation of any other than an officer
+of the executive department, on whom, in such a contingency, the powers
+and duties of the President should devolve. Until recently the
+contingency has been remote, and serious attention has not been called
+to the manifest incongruity between the provisions of the Constitution
+on this subject and the act of Congress of 1792. Having, however, been
+brought almost face to face with this important question, it seems an
+eminently proper time for us to make the legislation conform to the
+language, intent, and theory of the Constitution, and thus place the
+executive department beyond the reach of usurpation, and remove from the
+legislative and judicial departments every temptation to combine for the
+absorption of all the powers of government.
+
+It has occurred to me that in the event of such a vacancy the duties of
+President would devolve most appropriately upon some one of the heads of
+the several Executive Departments, and under this conviction I present
+for your consideration an amendment to the Constitution on this subject,
+with the recommendation that it be submitted to the people for their
+action.
+
+Experience seems to have established the necessity of an amendment
+of that clause of the Constitution which provides for the election of
+Senators to Congress by the legislatures of the several States. It would
+be more consistent with the genius of our form of government if the
+Senators were chosen directly by the people of the several States.
+The objections to the election of Senators by the legislatures are
+so palpable that I deem it unnecessary to do more than submit the
+proposition for such an amendment, with the recommendation that it
+be opened to the people for their judgment.
+
+It is strongly impressed on my mind that the tenure of office by
+the judiciary of the United States during good behavior for life is
+incompatible with the spirit of republican government, and in this
+opinion I am fully sustained by the evidence of popular judgment upon
+this subject in the different States of the Union.
+
+I therefore deem it my duty to recommend an amendment to the
+Constitution by which the terms of the judicial officers would be
+limited to a period of years, and I herewith present it in the hope that
+Congress will submit it to the people for their decision.
+
+The foregoing views have long been entertained by me. In 1845, in the
+House of Representatives, and afterwards, in 1860, in the Senate of the
+United States, I submitted substantially the same propositions as those
+to which the attention of Congress is herein invited. Time, observation,
+and experience have confirmed these convictions; and, as a matter of
+public duty and a deep sense of my constitutional obligation "to
+recommend to the consideration of Congress such measures as I deem
+necessary and expedient," I submit the accompanying propositions, and
+urge their adoption and submission to the judgment of the people.
+
+ANDREW JOHNSON.
+
+
+
+ JOINT RESOLUTION proposing amendments to the Constitution of the
+ United States.
+
+ Whereas the fifth article of the Constitution of the United States
+ provides for amendments thereto in the manner following, viz:
+
+ "The Congress, whenever two-thirds of both Houses shall deem it
+ necessary, shall propose amendments to this Constitution, or, on the
+ application of the legislatures of two-thirds of the several States,
+ shall call a convention for proposing amendments, which in either case
+ shall be valid to all intents and purposes as part of this Constitution
+ when ratified by the legislatures of three-fourths of the several States
+ or by conventions in three-fourths thereof, as the one or the other mode
+ of ratification may be proposed by the Congress: _Provided_, That no
+ amendment which may be made prior to the year 1808 shall in any manner
+ affect the first and fourth clauses in the ninth section of the first
+ article, and that no State, without its consent, shall be deprived of
+ its equal suffrage in the Senate:"
+
+ Therefore,
+
+ _Be it resolved by the Senate and House of Representatives of the United
+ States of America in Congress assembled (two-thirds of both Houses
+ concurring_), That the following amendments to the Constitution of the
+ United States be proposed to the legislatures of the several States,
+ which, when ratified by the legislatures of three-fourths of the States,
+ shall be valid to all intents and purposes as part of the Constitution:
+
+ "That hereafter the President and Vice-President of the United States
+ shall be chosen for the term of six years, by the people of the
+ respective States, in the manner following: Each State shall be divided
+ by the legislature thereof in districts, equal in number to the whole
+ number of Senators and Representatives to which such State may be
+ entitled in the Congress of the United States; the said districts to
+ be composed of contiguous territory, and to contain, as nearly as may
+ be, an equal number of persons entitled to be represented under the
+ Constitution, and to be laid off for the first time immediately after
+ the ratification of this amendment; that on the first Thursday in August
+ in the year 18--, and on the same day every sixth year thereafter, the
+ citizens of each State who possess the qualifications requisite for
+ electors of the most numerous branch of the State legislatures shall
+ meet within their respective districts and vote for a President and
+ Vice-President of the United States; and the person receiving the
+ greatest number of votes for President and the one receiving the
+ greatest number of votes for Vice-President in each district shall
+ be holden to have received one vote, which fact shall be immediately
+ certified by the governor of the State to each of the Senators in
+ Congress from such State and to the President of the Senate and the
+ Speaker of the House of Representatives. The Congress of the United
+ States shall be in session on the second Monday in October in the year
+ 18--, and on the same day in every sixth year thereafter; and the
+ President of the Senate, in the presence of the Senate and House of
+ Representatives, shall open all the certificates, and the votes shall
+ then be counted. The person having the greatest number of votes for
+ President shall be President, if such number be equal to a majority of
+ the whole number of votes given; but if no person have such majority,
+ then a second election shall be held on the first Thursday in the month
+ of December then next ensuing between the persons having the two highest
+ numbers for the office of President, which second election shall be
+ conducted, the result certified, and the votes counted in the same
+ manner as in the first, and the person having the greatest number of
+ votes for President shall be President. But if two or more persons shall
+ have received the greatest and an equal number of votes at the second
+ election, then the person who shall have received the greatest number of
+ votes in the greatest number of States shall be President. The person
+ having the greatest number of votes for Vice-President at the first
+ election shall be Vice-President, if such number be equal to a majority
+ of the whole number of votes given; and if no person have such majority,
+ then a second election shall take place between the persons having the
+ two highest numbers on the same day that the second election is held for
+ President, and the person having the highest number of the votes for
+ Vice-President shall be Vice-President. But if there should happen to
+ be an equality of votes between the persons so voted for at the second
+ election, then the person having the greatest number of votes in the
+ greatest number of States shall be Vice-President. But when a second
+ election shall be necessary in the case of Vice-President and not
+ necessary in the case of President, then the Senate shall choose a
+ Vice-President from the persons having the two highest numbers in the
+ first election, as now prescribed in the Constitution: _Provided_,
+ That after the ratification of this amendment to the Constitution the
+ President and Vice-President shall hold their offices, respectively, for
+ the term of six years, and that no President or Vice-President shall be
+ eligible for reelection to a second term."
+
+ Sec. 2. _And be it further resolved_, That Article II, section I,
+ paragraph 6, of the Constitution of the United States shall be amended
+ so as to read as follows:
+
+ "In case of the removal of the President from office, or of his death,
+ resignation, or inability to discharge the powers and duties of said
+ office, the same shall devolve on the Vice-President; and in the case of
+ the removal, death, resignation, or inability both of the President and
+ Vice-President, the powers and duties of said office shall devolve on
+ the Secretary of State for the time being, and after this officer, in
+ case of vacancy in that or other Department, and in the order in which
+ they are named, on the Secretary of the Treasury, on the Secretary of
+ War, on the Secretary of the Navy, on the Secretary of the Interior, on
+ the Postmaster-General, and on the Attorney-General; and such officer,
+ on whom the powers and duties of President shall devolve in accordance
+ with the foregoing provisions, shall then act as President until the
+ disability shall be removed or a President shall be elected, as is or
+ may be provided for by law."
+
+ Sec. 3. _And be it further resolved_, That Article I, section 3, be
+ amended by striking out the word "legislature," and inserting in lieu
+ thereof the following words, viz: "Persons qualified to vote for members
+ of the most numerous branch of the legislature," so as to make the third
+ section of said article, when ratified by three-fourths of the States,
+ read as follows, to wit:
+
+ "The Senate of the United States shall be composed of two Senators from
+ each State, chosen by the persons qualified to vote for the members of
+ the most numerous branch of the legislature thereof, for six years, and
+ each Senator shall have one vote."
+
+ Sec. 4. _And be it further resolved_, That Article III, section I, be
+ amended by striking out the words "good behavior," and inserting the
+ following words, viz: "the term of twelve years." And further, that said
+ article and section be amended by adding the following thereto, viz:
+ "And it shall be the duty of the President of the United States, within
+ twelve months after the ratification of this amendment by three-fourths
+ of all the States, as provided by the Constitution of the United States,
+ to divide the whole number of judges, as near as may be practicable,
+ into three classes. The seats of the judges of the first class shall be
+ vacated at the expiration of the fourth year from such classification,
+ of the second class at the expiration of the eighth year, and of the
+ third class at the expiration of the twelfth year, so that one-third may
+ be chosen every fourth year thereafter."
+
+ The article as amended will read as follows:
+
+ Article III.
+
+ Sec. I. The judicial power of the United States shall be vested in one
+ Supreme Court and such inferior courts as the Congress from time to time
+ may ordain and establish. The judges, both of the Supreme and inferior
+ courts, shall hold their offices during the term of twelve years, and
+ shall at stated times receive for their services a compensation which
+ shall not be diminished during their continuance in office; and it shall
+ be the duty of the President of the United States, within twelve months
+ after the ratification of this amendment by three-fourths of all the
+ States, as provided by the Constitution of the United States, to divide
+ the whole number of judges, as near as may be practicable, into three
+ classes. The seats of the judges of the first class shall be vacated at
+ the expiration of the fourth year from such classification; of the
+ second class, at the expiration of the eighth year; and of the third
+ class, at the expiration of the twelfth year, so that one-third may be
+ chosen every fourth year thereafter.
+
+
+
+WASHINGTON, D.C., _July 18, 1868_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution adopted by the House of Representatives
+on the 13th instant, requesting "copies of all instructions, records,
+and correspondence connected with the commission authorized to negotiate
+the late treaty with the Great and Little Osage Indians, and copies of
+all propositions made to said commission from railroad corporations or
+by individuals," I transmit the accompanying communications from the
+Secretary of the Interior, together with the papers to which they have
+reference.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of
+a paper received by me this day, purporting to be a resolution of the
+senate and house of representatives of the State of Alabama ratifying
+the proposed amendment to the Constitution of the United States known
+as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 24, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a letter from the Secretary of the Navy, inclosing a
+report of a board of naval officers appointed in pursuance of an act of
+Congress approved May 19, 1868, to select suitable locations for powder
+magazines.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 27, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 24th instant, the accompanying report[69] from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 69: Relating to absence from his post of the consul at Panama.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, D.C., _March 25, 1868_.
+
+_To the Senate of the United States_:
+
+I have considered, with such care as the pressure of other duties has
+permitted, a bill entitled "An act to amend an act entitled 'An act to
+amend the judiciary act, passed the 24th of September, 1789.'" Not being
+able to approve all of its provisions, I herewith return it to the
+Senate, in which House it originated, with a brief statement of my
+objections.
+
+The first section of the bill meets my approbation, as, for the purpose
+of protecting the rights of property from the erroneous decision of
+inferior judicial tribunals, it provides means for obtaining uniformity,
+by appeal to the Supreme Court of the United States, in cases which have
+now become very numerous and of much public interest, and in which such
+remedy is not now allowed. The second section, however, takes away the
+right of appeal to that court in cases which involve the life and
+liberty of the citizen, and leaves them exposed to the judgment of
+numerous inferior tribunals. It is apparent that the two sections were
+conceived in a very different spirit, and I regret that my objections
+to one impose upon me the necessity of withholding my sanction from the
+other.
+
+I can not give my assent to a measure which proposes to deprive
+any person "restrained of his or her liberty in violation of the
+Constitution or of any treaty or law of the United States" from
+the right of appeal to the highest judicial authority known to our
+Government. To "secure the blessings of liberty to ourselves and our
+posterity" is one of the declared objects of the Federal Constitution.
+To assure these, guaranties are provided in the same instrument, as well
+against "unreasonable searches and seizures" as against the suspensions
+of "the privilege of the writ of _habeas corpus_, * * * unless when, in
+cases of rebellion or invasion, the public safety may require it." It
+was doubtless to afford the people the means of protecting and enforcing
+these inestimable privileges that the jurisdiction which this bill
+proposes to take away was conferred upon the Supreme Court of the
+nation. The act conferring that jurisdiction was approved on the 5th day
+of February, 1867, with a full knowledge of the motives that prompted its
+passage, and because it was believed to be necessary and right. Nothing
+has since occurred to disprove the wisdom and justness of the measures,
+and to modify it as now proposed would be to lessen the protection of
+the citizen from the exercise of arbitrary power and to weaken the
+safeguards of life and liberty, which can never be made too secure
+against illegal encroachments.
+
+The bill not only prohibits the adjudication by the Supreme Court
+of cases in which appeals may hereafter be taken, but interdicts its
+jurisdiction on appeals which have already been made to that high
+judicial body. If, therefore, it should become a law, it will by its
+retroactive operation wrest from the citizen a remedy which he enjoyed
+at the time of his appeal. It will thus operate most harshly upon those
+who believe that justice has been denied them in the inferior courts.
+
+The legislation proposed in the second section, it seems to me, is not
+in harmony with the spirit and intention of the Constitution. It can
+not fail to affect most injuriously the just equipoise of our system
+of Government, for it establishes a precedent which, if followed, may
+eventually sweep away every check on arbitrary and unconstitutional
+legislation. Thus far during the existence of the Government the Supreme
+Court of the United States has been viewed by the people as the true
+expounder of their Constitution, and in the most violent party conflicts
+its judgments and decrees have always been sought and deferred to with
+confidence and respect. In public estimation it combines judicial wisdom
+and impartiality in a greater degree than any other authority known to
+the Constitution, and any act which may be construed into or mistaken
+for an attempt to prevent or evade its decision on a question which
+affects the liberty of the citizens and agitates the country can
+not fail to be attended with unpropitious consequences. It will be
+justly held by a large portion of the people as an admission of the
+unconstitutionally of the act on which its judgment may be forbidden or
+forestalled, and may interfere with that willing acquiescence in its
+provisions which is necessary for the harmonious and efficient execution
+of any law.
+
+For these reasons, thus briefly and imperfectly stated, and for others,
+of which want of time forbids the enumeration, I deem it my duty to
+withhold my assent from this bill, and to return it for the
+reconsideration of Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1868_.
+
+_To the House of Representatives_:
+
+I return without my signature a bill entitled "An act to admit the State
+of Arkansas to representation in Congress."
+
+The approval of this bill would be an admission on the part of the
+Executive that the "Act for the more efficient government of the rebel
+States," passed March 2, 1867, and the acts supplementary thereto were
+proper and constitutional. My opinion, however, in reference to those
+measures has undergone no change, but, on the contrary, has been
+strengthened by the results which have attended their execution. Even
+were this not the case, I could not consent to a bill which is based
+upon the assumption either that by an act of rebellion of a portion
+of its people the State of Arkansas seceded from the Union, or that
+Congress may at its pleasure expel or exclude a State from the Union,
+or interrupt its relations with the Government by arbitrarily depriving
+it of representation in the Senate and House of Representatives. If
+Arkansas is a State not in the Union, this bill does not admit it as
+a State into the Union. If, on the other hand, Arkansas is a State
+in the Union, no legislation is necessary to declare it entitled
+"to representation in Congress as one of the States of the Union." The
+Constitution already declares that "each State shall have at least one
+Representative;" that the Senate "shall be composed of two Senators from
+each State," and "that no State, without its consent, shall be deprived
+of its equal suffrage in the Senate."
+
+That instrument also makes each House "the judge of the elections,
+returns, and qualifications of its own members," and therefore all that
+is now necessary to restore Arkansas in all its constitutional relations
+to the Government is a decision by each House upon the eligibility of
+those who, presenting their credentials, claim seats in the respective
+Houses of Congress. This is the plain and simple plan of the
+Constitution; and believing that had it been pursued when Congress
+assembled in the month of December, 1865, the restoration of the States
+would long since have been completed, I once again earnestly recommend
+that it be adopted by each House in preference to legislation, which I
+respectfully submit is not only of at least doubtful constitutionality,
+and therefore unwise and dangerous as a precedent, but is unnecessary,
+not so effective in its operation as the mode prescribed by the
+Constitution, involves additional delay, and from its terms may be taken
+rather as applicable to a Territory about to be admitted as one of the
+United States than to a State which has occupied a place in the Union
+for upward of a quarter of a century.
+
+The bill declares the State of Arkansas entitled and admitted to
+representation in Congress as one of the States of the Union upon the
+following fundamental condition:
+
+ That the constitution of Arkansas shall never be so amended or changed
+ as to deprive any citizen or class of citizens of the United States of
+ the right to vote who are entitled to vote by the constitution herein
+ recognized, except as a punishment for such crimes as are now felonies
+ at common law, whereof they shall have been duly convicted under laws
+ equally applicable to all the inhabitants of said State: _Provided_,
+ That any alteration of said constitution, prospective in its effect,
+ may be made in regard to the time and place of residence of voters.
+
+I have been unable to find in the Constitution of the United States any
+warrant for the exercise of the authority thus claimed by Congress.
+In assuming the power to impose a "fundamental condition" upon a State
+which has been duly "admitted into the Union upon an equal footing with
+the original States in all respects whatever," Congress asserts a right
+to enter a State as it may a Territory, and to regulate the highest
+prerogative of a free people--the elective franchise. This question is
+reserved by the Constitution to the States themselves, and to concede
+to Congress the power to regulate the subject would be to reverse the
+fundamental principle of the Republic and to place in the hands of the
+Federal Government, which is the creature of the States, the sovereignty
+which justly belongs to the States or the people--the true source of all
+political power, by whom our Federal system was created and to whose
+will it is subordinate.
+
+The bill fails to provide in what manner the State of Arkansas is to
+signify its acceptance of the "fundamental condition" which Congress
+endeavors to make unalterable and irrevocable. Nor does it prescribe the
+penalty to be imposed should the people of the State amend or change the
+particular portions of the constitution which it is one of the purposes
+of the bill to perpetuate, but as to the consequences of such action
+leaves them in uncertainty and doubt. When the circumstances under which
+this constitution has been brought to the attention of Congress are
+considered, it is not unreasonable to suppose that efforts will be made
+to modify its provisions, and especially those in respect to which this
+measure prohibits any alteration. It is seriously questioned whether the
+constitution has been ratified by a majority of the persons who, under
+the act of March 2, 1867, and the acts supplementary thereto, were
+entitled to registration and to vote upon that issue. Section 10 of
+the schedule provides that--
+
+ No person disqualified from voting or registering under this
+ constitution shall vote for candidates for any office, nor shall be
+ permitted to vote for the ratification or rejection of the constitution
+ at the polls herein authorized.
+
+
+Assumed to be in force before its adoption, in disregard of the law of
+Congress, the constitution undertakes to impose upon the elector other
+and further conditions. The fifth section of the eighth article provides
+that "all persons, before registering or voting," must take and
+subscribe an oath which, among others, contains the following clause:
+
+ That I accept the civil and political equality of all men, and agree
+ not to attempt to deprive any person or persons, on account of race,
+ color, or previous condition, of any political or civil right,
+ privilege, or immunity enjoyed by any other class of men.
+
+
+It is well known that a very large portion of the electors in all the
+States, if not a large majority of all of them, do not believe in or
+accept the political equality of Indians, Mongolians, or negroes with
+the race to which they belong. If the voters in many of the States of
+the North and West were required to take such an oath as a test of their
+qualification, there is reason to believe that a majority of them would
+remain from the polls rather than comply with its degrading conditions.
+How far and to what extent this test oath prevented the registration of
+those who were qualified under the laws of Congress it is not possible
+to know, but that such was its effect, at least sufficient to overcome
+the small and doubtful majority in favor of this constitution, there
+can be no reasonable doubt. Should the people of Arkansas, therefore,
+desiring to regulate the elective franchise so as to make it conform to
+the constitutions of a large proportion of the States of the North and
+West, modify the provisions referred to in the "fundamental condition,"
+what is to be the consequence? Is it intended that a denial of
+representation shall follow? And if so, may we not dread, at some future
+day, a recurrence of the troubles which have so long agitated the
+country? Would it not be the part of wisdom to take for our guide the
+Federal Constitution, rather than resort to measures which, looking only
+to the present, may in a few years renew, in an aggravated form, the
+strife and bitterness caused by legislation which has proved to be
+so ill timed and unfortunate?
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 25, 1868_.
+
+_To the House of Representatives_:
+
+In returning to the House of Representatives, in which it originated,
+a bill entitled "An act to admit the States of North Carolina, South
+Carolina, Louisiana, Georgia, Alabama, and Florida to representation
+in Congress," I do not deem it necessary to state at length the reasons
+which constrain me to withhold my approval. I will not, therefore,
+undertake at this time to reopen the discussion upon the grave
+constitutional questions involved in the act of March 2, 1867, and
+the acts supplementary thereto, in pursuance of which it is claimed,
+in the preamble to this bill, these States have framed and adopted
+constitutions of State government. Nor will I repeat the objections
+contained in my message of the 20th instant, returning without my
+signature the bill to admit to representation the State of Arkansas,
+and which are equally applicable to the pending measure.
+
+Like the act recently passed in reference to Arkansas, this bill
+supersedes the plain and simple mode prescribed by the Constitution
+for the admission to seats in the respective Houses of Senators and
+Representatives from the several States. It assumes authority over six
+States of the Union which has never been delegated to Congress, or is
+even warranted by previous unconstitutional legislation upon the subject
+of restoration. It imposes conditions which are in derogation of the
+equal rights of the States, and is founded upon a theory which is
+subversive of the fundamental principles of the Government. In the case
+of Alabama it violates the plighted faith of Congress by forcing upon
+that State a constitution which was rejected by the people, according to
+the express terms of an act of Congress requiring that a majority of the
+registered electors should vote upon the question of its ratification.
+
+For these objections, and many others that might be presented, I can not
+approve this bill, and therefore return it for the action of Congress
+required in such cases by the Federal Constitution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 20, 1868_.
+
+_To the Senate of the United States_:
+
+I have given to the joint resolution entitled "A resolution excluding
+from the electoral college the votes of States lately in rebellion which
+shall not have been reorganized" as careful examination as I have been
+able to bestow upon the subject during the few days that have intervened
+since the measure was submitted for my approval.
+
+Feeling constrained to withhold my consent, I herewith return the
+resolution to the Senate, in which House it originated, with a brief
+statement of the reasons which have induced my action. This joint
+resolution is based upon the assumption that some of the States whose
+inhabitants were lately in rebellion are not now entitled to
+representation in Congress and participation in the election of
+President and Vice-President of the United States.
+
+Having heretofore had occasion to give in detail my reasons for
+dissenting from this view, it is not necessary at this time to repeat
+them. It is sufficient to state that I continue strong in my conviction
+that the acts of secession, by which a number of the States sought to
+dissolve their connection with the other States and to subvert the
+Union, being unauthorized by the Constitution and in direct violation
+thereof, were from the beginning absolutely null and void. It follows
+necessarily that when the rebellion terminated the several States which
+had attempted to secede continued to be States in the Union, and all
+that was required to enable them to resume their relations to the Union
+was that they should adopt the measures necessary to their practical
+restoration as States. Such measures were adopted, and the legitimate
+result was that those States, having conformed to all the requirements
+of the Constitution, resumed their former relations, and became entitled
+to the exercise of all the rights guaranteed to them by its provisions.
+
+The joint resolution under consideration, however, seems to assume that
+by the insurrectionary acts of their respective inhabitants those States
+forfeited their rights as such, and can never again exercise them except
+upon readmission into the Union on the terms prescribed by Congress.
+If this position be correct, it follows that they were taken out of the
+Union by virtue of their acts of secession, and hence that the war waged
+upon them was illegal and unconstitutional. We would thus be placed in
+this inconsistent attitude, that while the war was commenced and carried
+on upon the distinct ground that the Southern States, being component
+parts of the Union, were in rebellion against the lawful authority of
+the United States, upon its termination we resort to a policy of
+reconstruction which assumes that it was not in fact a rebellion, but
+that the war was waged for the conquest of territories assumed to be
+outside of the constitutional Union.
+
+The mode and manner of receiving and counting the electoral votes
+for President and Vice-President of the United States are in plain
+and simple terms prescribed by the Constitution. That instrument
+imperatively requires that "the President of the Senate shall, in the
+presence of the Senate and House of Representatives, open all the
+certificates, and the votes shall then be counted." Congress has,
+therefore, no power, under the Constitution, to receive the electoral
+votes or reject them. The whole power is exhausted when, in the presence
+of the two Houses, the votes are counted and the result declared.
+In this respect the power and duty of the President of the Senate are,
+under the Constitution, purely ministerial. When, therefore, the joint
+resolution declares that no electoral votes shall be received or counted
+from States that since the 4th of March, 1867, have not "adopted a
+constitution of State government under which a State government shall
+have organized," a power is assumed which is nowhere delegated to
+Congress, unless upon the assumption that the State governments
+organized prior to the 4th of March, 1867, were illegal and void.
+
+The joint resolution, by implication at least, concedes that these
+States were States by virtue of their organization prior to the 4th of
+March, 1867, but denies to them the right to vote in the election of
+President and Vice-President of the United States. It follows either
+that this assumption of power is wholly unauthorized by the Constitution
+or that the States so excluded from voting were out of the Union by
+reason of the rebellion, and have never been legitimately restored.
+Being fully satisfied that they were never out of the Union, and that
+their relations thereto have been legally and constitutionally restored,
+I am forced to the conclusion that the joint resolution, which deprives
+them of the right to have their votes for President and Vice-President
+received and counted, is in conflict with the Constitution, and that
+Congress has no more power to reject their votes than those of the
+States which have been uniformly loyal to the Federal Union.
+
+It is worthy of remark that if the States whose inhabitants were
+recently in rebellion were legally and constitutionally organized and
+restored to their rights prior to the 4th of March, 1867, as I am
+satisfied they were, the only legitimate authority under which the
+election for President and Vice-President can be held therein must be
+derived from the governments instituted before that period. It clearly
+follows that all the State governments organized in those States under
+act of Congress for that purpose, and under military control, are
+illegitimate and of no validity whatever; and in that view the votes
+cast in those States for President and Vice-President, in pursuance
+of acts passed since the 4th of March, 1867, and in obedience to the
+so-called reconstruction acts of Congress, can not be legally received
+and counted, while the only votes in those States that can be legally
+cast and counted will be those cast in pursuance of the laws in force in
+the several States prior to the legislation by Congress upon the subject
+of reconstruction.
+
+I can not refrain from directing your special attention to the
+declaration contained in the joint resolution, that "none of the
+States whose inhabitants were lately in rebellion shall be entitled to
+representation in the electoral college," etc. If it is meant by this
+declaration that no State is to be allowed to vote for President and
+Vice-President _all_ of whose inhabitants were engaged in the late
+rebellion, it is apparent that no one of the States will be excluded
+from voting, since it is well known that in every Southern State there
+were many inhabitants who not only did not participate in the rebellion,
+but who actually took part in the suppression, or refrained from giving
+it any aid or countenance. I therefore conclude that the true meaning of
+the joint resolution is that no State a _portion_ of whose inhabitants
+were engaged in the rebellion shall be permitted to participate in the
+Presidential election, except upon the terms and conditions therein
+prescribed.
+
+Assuming this to be the true construction of the resolution, the
+inquiry becomes pertinent, May those Northern States a portion of
+whose inhabitants were actually in the rebellion be prevented, at the
+discretion of Congress, from having their electoral votes counted? It is
+well known that a portion of the inhabitants of New York and a portion
+of the inhabitants of Virginia were alike engaged in the rebellion; yet
+it is equally well known that Virginia, as well as New York, was at all
+times during the war recognized by the Federal Government as a State
+in the Union--so clearly that upon the termination of hostilities it
+was not even deemed necessary for her restoration that a provisional
+governor should be appointed; yet, according to this joint resolution,
+the people of Virginia, unless they comply with the terms it prescribes,
+are denied the right of voting for President, while the people of
+New York, a portion of the inhabitants of which State were also in
+rebellion, are permitted to have their electoral votes counted without
+undergoing the process of reconstruction prescribed for Virginia. New
+York is no more a State than Virginia; the one is as much entitled to
+representation in the electoral college as the other. If Congress has
+the power to deprive Virginia of this right, it can exercise the same
+authority with respect to New York or any other of the States. Thus the
+result of the Presidential election may be controlled and determined
+by Congress, and the people be deprived of their right under the
+Constitution to choose a President and Vice-President of the United
+States.
+
+If Congress were to provide by law that the votes of none of the States
+should be received and counted if cast for a candidate who differed in
+political sentiment with a majority of the two Houses, such legislation
+would at once be condemned by the country as an unconstitutional and
+revolutionary usurpation of power. It would, however, be exceedingly
+difficult to find in the Constitution any more authority for the passage
+of the joint resolution under consideration than for an enactment
+looking directly to the rejection of all votes not in accordance with
+the political preferences of a majority of Congress. No power exists
+in the Constitution authorizing the joint resolution or the supposed
+law--the only difference being that one would be more palpably
+unconstitutional and revolutionary than the other. Both would rest upon
+the radical error that Congress has the power to prescribe terms and
+conditions to the right of the people of the States to cast their votes
+for President and Vice-President.
+
+For the reasons thus indicated I am constrained to return the joint
+resolution to the Senate for such further action thereon as Congress
+may deem necessary.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 25, 1868_
+
+_To the Senate of the United States_:
+
+Believing that a bill entitled "An act relating to the Freedmen's
+Bureau, and providing for its discontinuance," interferes with the
+appointing power conferred by the Constitution upon the Executive, and
+for other reasons, which at this late period of the session time will
+not permit me to state, I herewith return it to the Senate, in which
+House it originated, without my approval.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas in the month of July, A.D. 1861, in accepting the condition
+of civil war which was brought about by insurrection and rebellion in
+several of the States which constitute the United States, the two Houses
+of Congress did solemnly declare that that war was not waged on the
+part of the Government in any spirit of oppression, nor for any purpose
+of conquest or subjugation, nor for any purpose of overthrowing or
+interfering with the rights or established institutions of the States,
+but only to defend and maintain the supremacy of the Constitution of the
+United States and to preserve the Union, with all the dignity, equality,
+and rights of the several States unimpaired, and that so soon as those
+objects should be accomplished the war on the part of the Government
+should cease; and
+
+Whereas the President of the United States has heretofore, in the spirit
+of that declaration and with the view of securing for it ultimate and
+complete effect, set forth several proclamations offering amnesty and
+pardon to persons who had been or were concerned in the aforenamed
+rebellion, which proclamations, however, were attended with prudential
+reservations and exceptions then deemed necessary and proper, and which
+proclamations were respectively issued on the 8th day of December, 1863,
+on the 26th day of March, 1864, on the 29th day of May, 1865, and on the
+7th day of September, 1867; and
+
+Whereas the said lamentable civil war has long since altogether ceased,
+with an acknowledgment by all the States of the supremacy of the Federal
+Constitution and of the Government thereunder, and there no longer
+exists any reasonable ground to apprehend a renewal of the said civil
+war, or any foreign interference, or any unlawful resistance by any
+portion of the people of any of the States to the Constitution and laws
+of the United States; and
+
+Whereas it is desirable to reduce the standing army and to bring to a
+speedy termination military occupation, martial law, military tribunals,
+abridgment of the freedom of speech and of the press, and suspension
+of the privilege of _habeas corpus_ and of the right of trial by jury,
+such encroachments upon our free institutions in time of peace being
+dangerous to public liberty, incompatible with the individual rights of
+the citizen, contrary to the genius and spirit of our republican form
+of government, and exhaustive of the national resources; and
+
+Whereas it is believed that amnesty and pardon will tend to secure a
+complete and universal establishment and prevalence of municipal law
+and order in conformity with the Constitution of the United States,
+and to remove all appearances or presumptions of a retaliatory or
+vindictive policy on the part of the Government attended by unnecessary
+disqualifications, pains, penalties, confiscations, and
+disfranchisements, and, on the contrary, to promote and procure complete
+fraternal reconciliation among the whole people, with due submission to
+the Constitution and laws:
+
+Now, therefore, be it known that I, Andrew Johnson, President of
+the United States, do, by virtue of the Constitution and in the
+name of the people of the United States, hereby proclaim and declare,
+unconditionally and without reservation, to all and to every person
+who, directly or indirectly, participated in the late insurrection or
+rebellion, excepting such person or persons as may be under presentment
+or indictment in any court of the United States having competent
+jurisdiction upon a charge of treason or other felony, a full pardon
+and amnesty for the offense of treason against the United States or of
+adhering to their enemies during the late civil war, with restoration of
+all rights of property, except as to slaves, and except also as to any
+property of which any person may have been legally divested under the
+laws of the United States.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 4th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed on the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas the said act seems to be prospective; and
+
+Whereas a paper purporting to be a resolution of the legislature of
+Florida adopting the amendment of the thirteenth and fourteenth articles
+of the Constitution of the United States was received at the Department
+of State on the 16th of June, 1868, prior to the passage of the act of
+Congress referred to, which paper is attested by the names of Horatio
+Jenkins, jr., as president _pro tempore_ of the senate, and W.W. Moore
+as speaker of the assembly, and of William L. Apthoop, as secretary of
+the senate, and William Forsyth Bynum, as clerk of the assembly, and
+which paper was transmitted to the Secretary of State in a letter dated
+Executive Office, Tallahassee, Fla., June 10, 1868, from Harrison Reed,
+who therein signs himself governor; and
+
+Whereas on the 6th day of July, 1868, a paper was received by the
+President, which paper, being addressed to the President, bears date of
+the 4th day of July, 1868, and was transmitted by and under the name of
+W.W. Holden, who therein writes himself governor of the State of North
+Carolina, which paper certifies that the said proposed amendment, known
+as article fourteen, did pass the senate and house of representatives of
+the general assembly of North Carolina on the 2d day of July instant,
+and is attested by the names of John H. Boner, or Bower, as secretary
+of the house of representatives, and T.A. Byrnes, as secretary of the
+senate; and its ratification on the 4th of July, 1868, is attested by
+Tod R. Caldwell, as lieutenant-governor, president of the senate, and
+Jo. W. Holden, as speaker house of representatives:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress aforesaid, do issue this proclamation, announcing the fact of
+the ratification of the said amendment by the legislature of the State
+of North Carolina in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 11th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas on the 18th day of July, 1868, a letter was received by the
+President, which letter, being addressed to the President, bears date of
+July 15, 1868, and was transmitted by and under the name of R.K. Scott,
+who therein writes himself governor of South Carolina, in which letter
+was inclosed and received at the same time by the President a paper
+purporting to be a resolution of the senate and house of representatives
+of the general assembly of the State of South Carolina ratifying the
+said proposed amendment, and also purporting to have passed the two said
+houses, respectively, on the 7th and 9th of July, 1868, and to have been
+approved by the said R.K. Scott, as governor of said State, on the 15th
+of July, 1868, which circumstances are attested by the signatures of
+D.T. Corbin, as president _pro tempore_ of the senate, and of F.J.
+Moses, jr., as speaker of the house of representatives of said State,
+and of the said R.K. Scott, as governor:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress aforesaid, do issue this my proclamation, announcing the fact
+of the ratification of the said amendment by the legislature of the
+State of South Carolina in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 18th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed on the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a paper was received at the Department of State on the 17th day
+of July, 1868, which paper, bearing date of the 9th day of July, 1868,
+purports to be a resolution of the senate and house of representatives
+of the State of Louisiana in general assembly convened ratifying the
+aforesaid amendment, and is attested by the signature of George E.
+Bovee, as secretary of state, under a seal purporting to be the seal
+of the State of Louisiana:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Louisiana in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed,
+
+[SEAL.]
+
+Done at the city of Washington, this 18th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a letter was received this day by the President, which letter,
+being addressed to the President, bears date of July 16, 1868, and was
+transmitted by and under the name of William H. Smith, who therein
+writes himself governor of Alabama, in which letter was inclosed and
+received at the same time by the President a paper purporting to be a
+resolution of the senate and house of representatives of the general
+assembly of the State of Alabama ratifying the said proposed amendment,
+which paper is attested by the signature of Charles A. Miller, as
+secretary of state, under a seal purporting to be the seal of the State
+of Alabama, and bears the date of approval of July 13, 1868, by William
+H. Smith, as governor of said State:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Alabama in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 20th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a paper was received at the Department of State this 27th day of
+July, 1868, purporting to be a joint resolution of the senate and house
+of representatives of the general assembly of the State of Georgia,
+ratifying the said proposed amendment and also purporting to have passed
+the two said houses, respectively, on the 21st of July, 1868, and to
+have been approved by Rufus B. Bullock, who therein signs himself
+governor of Georgia, which paper is also attested by the signatures of
+Benjamin Conley, as president of the senate, and R.L. McWhorters, as
+speaker of the house of representatives, and is further attested by the
+signatures of A.E. Marshall, as secretary of the senate, and M.A.
+Hardin, as clerk of the house of representatives:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Georgia in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 27th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+In the year which is now drawing to its end the art, the skill, and the
+labor of the people of the United States have been employed with greater
+diligence and vigor and on broader fields than ever before, and the
+fruits of the earth have been gathered into the granary and the
+storehouse in marvelous abundance. Our highways have been lengthened,
+and new and prolific regions have been occupied. We are permitted to
+hope that long-protracted political and sectional dissensions are at no
+distant day to give place to returning harmony and fraternal affection
+throughout the Republic. Many foreign states have entered into liberal
+agreements with us, while nations which are far off and which heretofore
+have been unsocial and exclusive have become our friends.
+
+The annual period of rest, which we have reached in health and
+tranquillity, and which is crowned with so many blessings, is by
+universal consent a convenient and suitable one for cultivating personal
+piety and practicing public devotion.
+
+I therefore recommend that Thursday, the 26th day of November next, be
+set apart and observed by all the people of the United States as a day
+for public praise, thanksgiving, and prayer to the Almighty Creator and
+Divine Ruler of the Universe, by whose ever-watchful, merciful, and
+gracious providence alone states and nations, no less than families and
+individual men, do live and move and have their being.
+
+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 October, A.D. 1868,
+and of the Independence of the United States the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+EXECUTIVE ORDER.
+
+WASHINGTON, _December 17, 1867_.
+
+It is desired and advised that all communications in writing intended
+for the executive department of this Government and relating to public
+business of whatever kind, including suggestions for legislation,
+claims, contracts, employment, appointments, and removals from office,
+and pardons, be transmitted directly in the first instance to the head
+of the Department to which the care of the subject-matter of the
+communication properly belongs. This regulation has become necessary
+for the more convenient, punctual, and regular dispatch of the public
+business.
+
+By order of the President:
+
+WILLIAM H. SEWARD,
+
+_Secretary of State_.
+
+
+
+
+GENERAL ORDERS, No. 104.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, December 28, 1867_.
+
+By direction of the President of the United States, the following orders
+are made:
+
+I. Brevet Major-General E.O.C. Ord will turn over the command of the
+Fourth Military District to Brevet Major-General A.C. Gillem, and
+proceed to San Francisco, Cal., to take command of the Department of
+California.
+
+II. On being relieved by Brevet Major-General Ord, Brevet Major-General
+Irvin McDowell will proceed to Vicksburg, Miss., and relieve General
+Gillem in command of the Fourth Military District.
+
+III. Brevet Major-General John Pope is hereby relieved of the command
+of the Third Military District, and will report without delay at the
+Headquarters of the Army for further orders, turning over his command
+to the next senior officer until the arrival of his successor.
+
+IV. Major-General George G. Meade is assigned to the command of
+the Third Military District, and will assume it without delay. The
+Department of the East will be commanded by the senior officer now
+on duty in it until a commander is named by the President.
+
+V. The officers assigned in the foregoing orders to command of military
+districts will exercise therein any and all powers conferred by acts of
+Congress upon district commanders, and also any and all powers
+pertaining to military-department commanders.
+
+ * * * * *
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 10.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, February 12, 1868_.
+
+The following orders are published for the information and guidance of
+all concerned:
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 12, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Armies of the United States, Washington, D.C._
+
+GENERAL: You will please issue an order creating a military division, to
+be called the Military Division of the Atlantic, to be composed of the
+Department of the Lakes, the Department of the East, and the Department
+of Washington, and to be commanded by Lieutenant-General William T.
+Sherman, with his headquarters at Washington.
+
+Until further orders from the President, you will assign no officer to
+the permanent command of the Military Division of the Missouri.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+Major-General P.H. Sheridan, the senior officer in the Military Division
+of the Missouri, will temporarily perform the duties of commander of the
+Military Division of the Missouri, in addition to his duties of department
+commander.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 21, 1868_.
+
+Hon. EDWIN M. STANTON,
+
+_Washington, D.C._
+
+SIR: By virtue of the power and authority vested in me as President by
+the Constitution and laws of the United States, you are hereby removed
+from office as Secretary for the Department of War, and your functions
+as such will terminate upon the receipt of this communication.
+
+You will transfer to Brevet Major-General Lorenzo Thomas,
+Adjutant-General of the Army, who has this day been authorized and
+empowered to act as Secretary of War _ad interim_, all records, books,
+papers, and other public property now in your custody and charge.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 21, 1868_.
+
+Brevet Major-General LORENZO THOMAS,
+
+_Adjutant-General United States Army, Washington, D.C._
+
+SIR: The Hon. Edwin M. Stanton having been this day removed from office
+as Secretary for the Department of War, you are hereby authorized and
+empowered to act as Secretary of War _ad interim_, and will immediately
+enter upon the discharge of the duties pertaining to that office.
+
+Mr. Stanton has been instructed to transfer to you all the records,
+books, papers, and other public property now in his custody and charge.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 17.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, March 28, 1868_.
+
+By direction of the President of the United States, Major-General W.S.
+Hancock is relieved from command of the Fifth Military District and
+assigned to command of the Military Division of the Atlantic, created
+by General Orders, No. 10, of February 12, 1868.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., May 28, 1868_.
+
+The chairman of the committee of arrangements having requested that
+an opportunity may be given to those employed in the several Executive
+Departments of the Government to unite with their fellow-citizens in
+paying a fitting tribute to the memory of the brave men whose remains
+repose in the national cemeteries, the President directs that as far as
+may be consistent with law and the public interests persons who desire
+to participate in the ceremonies be permitted to absent themselves from
+their duties on Saturday, the 30th instant.
+
+By order of the President:
+
+WM. G. MOORE,
+
+_Secretary_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., June 1, 1868_.
+
+Major-General John M. Schofield having been appointed, by and with the
+advice and consent of the Senate, Secretary for the Department of War,
+is hereby relieved from the command of the First Military District,
+created by the act of Congress passed March 2, 1867.
+
+Brevet Major-General George Stoneman is hereby assigned, according
+to his brevet rank of major-general, to the command of the said First
+District and of the Military Department of Virginia.
+
+The Secretary of War will please give the necessary instructions to
+carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 25.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, June 1, 1868_.
+
+I. The following order of the President has been received from the War
+Department:
+
+WASHINGTON, _June 2, 1868_.
+
+The President with deep regret announces to the people of the United
+States the decease, at Wheatland, Pa., on the 1st instant, of his
+honored predecessor James Buchanan.
+
+This event will occasion mourning in the nation for the loss of an
+eminent citizen and honored public servant.
+
+As a mark of respect for his memory, it is ordered that the Executive
+Departments be immediately placed in mourning and all business be
+suspended on the day of the funeral.
+
+It is further ordered that the War and Navy Departments cause suitable
+military and naval honors to be paid on this occasion to the memory of
+the illustrious dead.
+
+ANDREW JOHNSON.
+
+
+II. In compliance with the instructions of the President and of the
+Secretary of War, on the day after the receipt of this order at each
+military post the troops will be paraded at 10 o'clock a.m. and the
+order read to them, after which all labors, for the day will cease.
+
+The national flag will be displayed at half-staff.
+
+At dawn of day thirteen guns will be fired, and afterwards, at intervals
+of thirty minutes between the rising and setting sun, a single gun, and
+at the close of the day a national salute of thirty-seven guns.
+
+The officers of the Army will wear crape on the left arm and on their
+swords and the colors of the several regiments will be put in mourning
+for the period of six months.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+
+SPECIAL ORDER.
+
+
+NAVY DEPARTMENT,
+
+_Washington, June 3, 1868_.
+
+The death of ex-President James Buchanan is announced in the following
+order of the President of the United States:
+
+[For order see preceding page.]
+
+In pursuance of the foregoing order, it is hereby directed that thirty
+minute guns be fired at each of the navy-yards and naval stations on
+Thursday, the 4th instant, the day designated for the funeral of the
+late ex-President Buchanan, commencing at noon, and on board the
+flagships in each squadron upon the day after the receipt of this order.
+The flags at the several navy-yards, naval stations, and marine barracks
+will be placed at half-mast until after the funeral, and on board all
+naval vessels in commission upon the day after this order is received.
+
+GIDEON WELLES,
+
+_Secretary of the Navy_.
+
+
+
+GENERAL ORDERS, No. 33.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, June 30, 1868_.
+
+By direction of the President of the United States, the following orders
+are made:
+
+I. Brevet Major-General Irvin McDowell is relieved from the command of
+the Fourth Military District, and will report in person, without delay,
+at the War Department.
+
+II. Brevet Major-General Alvan C. Gillem is assigned to the command of
+the Fourth Military District, and will assume it without delay.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No 44.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, July 13, 1868_.
+
+By direction of the President, Brigadier and Brevet Major-General Irvin
+McDowell is assigned to the command of the Department of the East.
+
+The headquarters of the department will be transferred from Philadelphia
+to New York City.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 55.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, July 28, 1868_.
+
+The following orders from the War Department, which have been approved
+by the President, are published for the information and government of
+the Army and of all concerned:
+
+The commanding generals of the Second, Third, Fourth, and Fifth Military
+Districts having officially reported that the States of Arkansas, North
+Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have
+fully complied with the acts of Congress known as the reconstruction
+acts, including the act passed June 22, 1868, entitled "An act to admit
+the State of Arkansas to representation in Congress," and the act passed
+June 25, 1868, entitled "An act to admit the States of North Carolina,
+South Carolina, Louisiana, Georgia, Alabama, and Florida to
+representation in Congress," and that, consequently, so much of the act
+of March 2, 1867, and the acts supplementary thereto as provides for the
+organization of military districts, subject to the military authority of
+the United States, as therein provided, has become inoperative in said
+States, and that the commanding generals have ceased to exercise in said
+States the military powers conferred by said acts of Congress: Therefore
+the following changes will be made in the organization and command of
+military districts and geographical departments:
+
+I. The Second and Third Military Districts having ceased to exist, the
+States of North Carolina, South Carolina, Georgia, Alabama, and Florida
+will constitute the Department of the South, Major-General George G.
+Meade to command. Headquarters at Atlanta, Ga.
+
+II. The Fourth Military District will now consist only of the State of
+Mississippi, and will continue to be commanded by Brevet Major-General
+A.C. Gillem.
+
+III. The Fifth Military District will now consist of the State of Texas,
+and will be commanded by Brevet Major-General J.J. Reynolds.
+Headquarters at Austin, Tex.
+
+IV. The States of Louisiana and Arkansas will constitute the Department
+of Louisiana, Brevet Major-General L.H. Rousseau is assigned to the
+command. Headquarters at New Orleans, La. Until the arrival of General
+Rousseau at New Orleans, Brevet Major-General Buchanan will command the
+Department.
+
+V. Brevet Major-General George Crook is assigned, according to his
+brevet of major-general, to command the Department of the Columbia,
+in place of Rousseau, relieved.
+
+VI. Brevet Major-General E.R.S. Canby is reassigned to command the
+Department of Washington.
+
+ * * * * *
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+Under and in pursuance of the authority vested in the President of the
+United States by the provisions of the second section of the act of
+Congress approved on the 27th day of July, 1868, entitled "An act to
+extend the laws of the United States relating to customs, commerce, and
+navigation over the territory ceded to the United States by Russia, to
+establish a collection district therein, and for other purposes," the
+port of Sitka, in said Territory, is hereby constituted and established
+as the port of entry for the collection district of Alaska provided for
+by said act; and under and in pursuance of the authority vested in him
+by the fourth section of said act the importation and use of firearms,
+ammunition, and distilled spirits into and within the said Territory,
+or any portion thereof, except as hereinafter provided, is entirely
+prohibited, under the pains and penalties specified in said last-named
+section; _Provided, however_, That under such regulations as the
+Secretary of the Treasury may prescribe, in accordance with law, such
+articles may, in limited quantities, be shipped coastwise from United
+States ports on the Pacific coast to said port of Sitka, and to that
+port only in said Territory, on the shipper giving bonds to the
+collector of customs at the port of shipment, conditioned that such
+articles will on their arrival at Sitka be delivered to the collector of
+customs, or the person there acting as such, to remain in his possession
+and under his control until sold or disposed of to such persons as
+the military or other chief authority in said Territory may specially
+designate in permits for that purpose signed by himself or a subordinate
+duly authorized by him.
+
+Done at the city of Washington, this 22d day of August, A.D. 1868,
+and of the Independence of the United States the ninety-third.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+SPECIAL ORDERS, ORDERS, No. 219.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, September 12, 1868_.
+
+ * * * * *
+
+18. By direction of the President, Brevet Major-General L.H. Rousseau,
+brigadier-general, commanding Department of Louisiana, is hereby
+assigned to duty according to his brevet rank of major-general. This
+order to take effect when General Rousseau assumes command.
+
+19. By direction of the President, paragraph 12 of Special Orders, No.
+70, May 23, 1868, from this office, assigning Brevet Major-General R.C.
+Buchanan, colonel First United States Infantry, to duty according to
+his brevet rank of major-general, is hereby revoked, and he is hereby
+assigned to duty according to his brevet rank of brigadier-general,
+in order that he may command the District of Louisiana. This order to
+take effect when General Rousseau assumes command of the Department of
+Louisiana.
+
+By command of General Grant:
+
+J.C. KELTON,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 82.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, October 10, 1868_.
+
+The following order has been received from the President, and by his
+direction is published to the Army:
+
+The following provisions from the Constitution and laws of the United
+States in relation to the election of a President and Vice-President
+of the United States, together with an act of Congress prohibiting all
+persons engaged in the military and naval service from interfering in
+any general or special election in any State, are published for the
+information and government of all concerned:
+
+[Extract from Article II, section 1, Constitution of the United States.]
+
+ The executive power shall be vested in a President of the United States
+ of America. He shall hold his office during the term of four years,
+ and, together with the Vice-President, chosen for the same term, be
+ elected as follows:
+
+ Each State shall appoint, in such manner as the legislature thereof may
+ direct, a number of electors equal to the whole number of Senators and
+ Representatives to which the State may be entitled in the Congress; but
+ no Senator or Representative, or person holding an office of trust or
+ profit under the United States, shall be appointed an elector.
+
+
+[Extract from Article XII, amendment to the Constitution of the United
+States.]
+
+ The electors shall meet in their respective States and vote by ballot
+ for President and Vice-President, one of whom at least shall not be an
+ inhabitant of the same State with themselves. They shall name in their
+ ballots the person voted for as President, and in distinct ballots the
+ person voted for as Vice-President; and they shall make distinct lists
+ of all persons voted for as President, and of all persons voted for as
+ Vice-President, and of the number of votes for each, which lists they
+ shall sign and certify and transmit sealed to the seat of the Government
+ of the United States, directed to the President of the Senate. The
+ President of the Senate shall, in the presence of the Senate and House
+ of Representatives, open all the certificates, and the votes shall then
+ be counted. The person having the greatest number of votes for President
+ shall be the President, if such number be a majority of the whole number
+ of electors appointed; and if no person have such majority, then from
+ the persons having the highest numbers, not exceeding three, on the list
+ of those voted for as President, the House of Representatives shall
+ choose immediately, by ballot, the President. But in choosing the
+ President the votes shall be taken by States, the representation from
+ each State having one vote. A quorum for this purpose shall consist of
+ a member or members from two-thirds of the States, and a majority of
+ all the States shall be necessary to a choice. And if the House of
+ Representatives shall not choose a President, whenever the right of
+ choice shall devolve upon them, before the 4th day of March next
+ following, then the Vice-President shall act as President, as in the
+ case of the death or other constitutional disability of the President.
+
+[Extract from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 1. _Be it enacted by the Senate and House of Representatives
+ of the United States of America in Congress assembled_, That * * *
+ electors shall be appointed in each State for the election of a
+ President and Vice-President of the United States * * * in every
+ fourth year succeeding the last election, which electors shall be
+ equal to the number of Senators and Representatives to which the
+ several States may by law be entitled at the time when the President
+ and Vice-President thus to be chosen should come into office:
+ _Provided always_, That where no apportionment of Representatives
+ shall have been made after any enumeration at the time of choosing
+ electors, then the number of electors shall be according to the
+ existing apportionment of Senators and Representatives.
+
+["An act to establish a uniform time for holding elections for electors
+of President and Vice-President in all the States of the Union,"
+approved January 23, 1845.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That the electors of President
+ and Vice-President shall be appointed in each State on the Tuesday next
+ after the first Monday in the month of November of the year in which
+ they are to be appointed: _Provided_, That each State may by law provide
+ for the filling of any vacancy or vacancies which may occur in its
+ college of electors when such college meets to give its electoral vote:
+ _And provided also_, When any State shall have held an election for the
+ purpose of choosing electors, and shall fail to make a choice on the day
+ aforesaid, then the electors may be appointed on a subsequent day in
+ such manner as the State shall by law provide.
+
+[Extracts from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 2. _And be it further enacted_, That the electors shall meet and
+ give their votes on the said first Wednesday in December, at such place
+ in each State as shall be directed by the legislature thereof; and the
+ electors in each State shall make and sign three certificates of all the
+ votes by them given, and shall seal up the same, certifying on each that
+ a list of the votes of such State for President and Vice-President is
+ contained therein, and shall, by writing under their hands or under the
+ hands of a majority of them, appoint a person to take charge of and
+ deliver to the President of the Senate, at the seat of Government,
+ before the first Wednesday in January then next ensuing, one of the said
+ certificates; and the said electors shall forthwith forward by the
+ post-office to the President of the Senate, at the seat of Government,
+ one other of the said certificates, and shall forthwith cause the other
+ of the said certificates to be delivered to the judge of that district
+ in which the said electors shall assemble.
+
+ Sec. 3. _And be it further enacted_, That the executive authority of
+ each State shall cause three lists of the names of the electors of such
+ State to be made and certified, and to be delivered to the electors on
+ or before the said first Wednesday in December, and the said electors
+ shall annex one of the said lists to each of the lists of their votes.
+
+ Sec. 4. _And be it further enacted_, That if a list of votes from any
+ State shall not have been received at the seat of Government on the said
+ first Wednesday in January, that then the Secretary of State shall send
+ a special messenger to the district judge in whose custody such list
+ shall have been lodged, who shall forthwith transmit the same to the
+ seat of Government.
+
+ Sec. 5. _And be it further enacted_, That Congress shall be in session
+ on the second Wednesday in February, 1793, and on the second Wednesday
+ in February succeeding every meeting of the electors, and the said
+ certificates, or so many of them as shall have been received, shall then
+ be opened, the votes counted, and the persons who shall fill the offices
+ of President and Vice-President ascertained and declared agreeably to
+ the Constitution.
+
+ Sec. 6. _And be it further enacted_, That in case there shall be no
+ President of the Senate at the seat of Government on the arrival of the
+ persons intrusted with the list of the votes of the electors, then such
+ persons shall deliver the lists of votes in their custody into the
+ office of the Secretary of State, to be safely kept and delivered over
+ as soon as may be to the President of the Senate.
+
+ * * * * *
+
+ Sec. 8. _And be it further enacted_, That if any person appointed to
+ deliver the votes of the electors to the President of the Senate shall,
+ after accepting of his appointment, neglect to perform the services
+ required of him by this act, he shall forfeit the sum of $1,000.
+
+[Extract from "An act making compensation to the persons appointed by
+the electors to deliver the votes for President and Vice-President,"
+approved February 11, 1825.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That the person appointed by
+ the electors to deliver to the President of the Senate a list of the
+ votes for President and Vice-President shall be allowed, on delivery of
+ said list, 25 cents for every mile of the estimated distance by the most
+ usual route from the place of meeting of the electors to the seat of
+ Government of the United States, going and returning.
+
+[Extract from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 12. _And be it further enacted_, That the term of four years for
+ which a President and Vice-President shall be elected shall in all cases
+ commence on the 4th day of March next succeeding the day on which the
+ votes of the electors shall have been given.
+
+["An act to prevent officers of the Army and Navy, and other persons
+engaged in the military and naval service of the United States, from
+interfering in elections in the States," approved February 25, 1865.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That it shall not be lawful
+ for any military or naval officer of the United States, or other person
+ engaged in the civil, military, or naval service of the United States,
+ to order, bring, keep, or have under his authority or control any troops
+ or armed men at the place where any general or special election is
+ held in any State of the United States of America, unless it shall be
+ necessary to repel the armed enemies of the United States or to keep the
+ peace at the polls. And that it shall not be lawful for any officer of
+ the Army or Navy of the United States to prescribe or fix, or attempt
+ to prescribe or fix, by proclamation, order, or otherwise, the
+ qualifications of voters in any State of the United States of America,
+ or in any manner to interfere with the freedom of any election in any
+ State or with the exercise of the free right of suffrage in any State of
+ the United States. Any officer of the Army or Navy of the United States,
+ or other person engaged in the civil, military, or naval service of the
+ United States, who violates this section of this act shall for every
+ such offense be liable to indictment as for a misdemeanor in any court
+ of the United States having jurisdiction to hear, try, and determine
+ cases of misdemeanor, and on conviction thereof shall pay a fine not
+ exceeding $5,000 and suffer imprisonment in the penitentiary not less
+ than three months nor more than five years, at the discretion of the
+ court trying the same; and any person convicted as aforesaid shall,
+ moreover, be disqualified from holding any office of honor, profit,
+ or trust under the Government of the United States: _Provided_, That
+ nothing herein contained shall be so construed as to prevent any
+ officers, soldiers, sailors, or marines from exercising the right of
+ suffrage in any election district to which he may belong, if otherwise
+ qualified according to the laws of the State in which he shall offer
+ to vote.
+
+ Sec. 2. _And be it further enacted_, That any officer or person in
+ the military or naval service of the United States who shall order or
+ advise, or who shall, directly or indirectly, by force, threat, menace,
+ intimidation, or otherwise, prevent or attempt to prevent any qualified
+ voter of any State of the United States of America from freely
+ exercising the right of suffrage at any general or special election
+ in any State of the United States, or who shall in like manner compel
+ or attempt to compel any officer of an election in any such State to
+ receive a vote from a person not legally qualified to vote, or who shall
+ impose or attempt to impose any rules or regulations for conducting such
+ election different from those prescribed by law, or interfere in any
+ manner with any officer of said election in the discharge of his duties,
+ shall for any such offense be liable to indictment as for a misdemeanor
+ in any court of the United States having jurisdiction to hear, try, and
+ determine cases of misdemeanor, and on conviction thereof shall pay a
+ fine of not exceeding $5,000 and suffer imprisonment in the penitentiary
+ not exceeding five years, at the discretion of the court trying the
+ same; and any person convicted as aforesaid shall, moreover, be
+ disqualified from holding any office of honor, profit, or trust under
+ the Government of the United States.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+_Washington City, November 4, 1868_.
+
+By direction of the President, Brevet Major-General E.R.S. Canby is
+hereby assigned to the command of the Fifth Military District, created
+by the act of Congress of March 2, 1867, and of the Military Department
+of Texas, consisting of the State of Texas. He will, without unnecessary
+delay, turn over his present command to the next officer in rank and
+proceed to the command to which he is hereby assigned, and on assuming
+the same will, when necessary to a faithful execution of the laws,
+exercise any and all powers conferred by acts of Congress upon district
+commanders and any and all authority pertaining to officers in command
+of military departments.
+
+Brevet Major-General J.J. Reynolds is hereby relieved from the command
+of the Fifth Military District.
+
+J.M. SCHOFIELD,
+
+_Secretary of War_.
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 9, 1868_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Upon the reassembling of Congress it again becomes my duty to call your
+attention to the state of the Union and to its continued disorganized
+condition under the various laws which have been passed upon the subject
+of reconstruction.
+
+It may be safely assumed as an axiom in the government of states that
+the greatest wrongs inflicted upon a people are caused by unjust and
+arbitrary legislation, or by the unrelenting decrees of despotic rulers,
+and that the timely revocation of injurious and oppressive measures is
+the greatest good that can be conferred upon a nation. The legislator or
+ruler who has the wisdom and magnanimity to retrace his steps when
+convinced of error will sooner or later be rewarded with the respect and
+gratitude of an intelligent and patriotic people.
+
+Our own history, although embracing a period less than a century,
+affords abundant proof that most, if not all, of our domestic troubles
+are directly traceable to violations of the organic law and excessive
+legislation. The most striking illustrations of this fact are furnished
+by the enactments of the past three years upon the question of
+reconstruction. After a fair trial they have substantially failed and
+proved pernicious in their results, and there seems to be no good reason
+why they should longer remain upon the statute book. States to which the
+Constitution guarantees a republican form of government have been
+reduced to military dependencies, in each of which the people have been
+made subject to the arbitrary will of the commanding general. Although
+the Constitution requires that each State shall be represented in
+Congress, Virginia, Mississippi, and Texas are yet excluded from the
+two Houses, and, contrary to the express provisions of that instrument,
+were denied participation in the recent election for a President and
+Vice-President of the United States. The attempt to place the white
+population under the domination of persons of color in the South has
+impaired, if not destroyed, the kindly relations that had previously
+existed between them; and mutual distrust has engendered a feeling of
+animosity which, leading in some instances to collision and bloodshed,
+has prevented that cooperation between the two races so essential to the
+success of industrial enterprise in the Southern States. Nor have the
+inhabitants of those States alone suffered from the disturbed condition
+of affairs growing out of these Congressional enactments. The entire
+Union has been agitated by grave apprehensions of troubles which might
+again involve the peace of the nation; its interests have been
+injuriously affected by the derangement of business and labor, and the
+consequent want of prosperity throughout that portion of the country.
+
+The Federal Constitution--the _magna charta_ of American rights, under
+whose wise and salutary provisions we have successfully conducted all
+our domestic and foreign affairs, sustained ourselves in peace and in
+war, and become a great nation among the powers of the earth--must
+assuredly be now adequate to the settlement of questions growing out of
+the civil war, waged alone for its vindication. This great fact is made
+most manifest by the condition of the country when Congress assembled in
+the month of December, 1865. Civil strife had ceased, the spirit of
+rebellion had spent its entire force, in the Southern States the people
+had warmed into national life, and throughout the whole country a
+healthy reaction in public sentiment had taken place. By the application
+of the simple yet effective provisions of the Constitution the executive
+department, with the voluntary aid of the States, had brought the work
+of restoration as near completion as was within the scope of its
+authority, and the nation was encouraged by the prospect of an early
+and satisfactory adjustment of all its difficulties. Congress, however,
+intervened, and, refusing to perfect the work so nearly consummated,
+declined to admit members from the unrepresented States, adopted
+a series of measures which arrested the progress of restoration,
+frustrated all that had been so successfully accomplished, and, after
+three years of agitation and strife, has left the country further from
+the attainment of union and fraternal feeling than at the inception of
+the Congressional plan of reconstruction. It needs no argument to show
+that legislation which has produced such baneful consequences should
+be abrogated, or else made to conform to the genuine principles of
+republican government.
+
+Under the influence of party passion and sectional prejudice, other acts
+have been passed not warranted by the Constitution. Congress has already
+been made familiar with my views respecting the "tenure-of-office bill."
+Experience has proved that its repeal is demanded by the best interests
+of the country, and that while it remains in force the President can not
+enjoin that rigid accountability of public officers so essential to an
+honest and efficient execution of the laws. Its revocation would enable
+the executive department to exercise the power of appointment and
+removal in accordance with the original design of the Federal
+Constitution.
+
+The act of March 2, 1867, making appropriations for the support of the
+Army for the year ending June 30, 1868, and for other purposes, contains
+provisions which interfere with the President's constitutional functions
+as Commander in Chief of the Army and deny to States of the Union
+the right to protect themselves by means of their own militia. These
+provisions should be at once annulled; for while the first might, in
+times of great emergency, seriously embarrass the Executive in efforts
+to employ and direct the common strength of the nation for its
+protection and preservation, the other is contrary to the express
+declaration of the Constitution that "a well-regulated militia being
+necessary to the security of a free state, the right of the people to
+keep and bear arms shall not be infringed."
+
+It is believed that the repeal of all such laws would be accepted by
+the American people as at least a partial return to the fundamental
+principles of the Government, and an indication that hereafter the
+Constitution is to be made the nation's safe and unerring guide. They
+can be productive of no permanent benefit to the country, and should not
+be permitted to stand as so many monuments of the deficient wisdom which
+has characterized our recent legislation.
+
+The condition of our finances demands the early and earnest
+consideration of Congress. Compared with the growth of our population,
+the public expenditures have reached an amount unprecedented in our
+history.
+
+The population of the United States in 1790 was nearly 4,000,000 people.
+Increasing each decade about 33 per cent, it reached in 1860 31,000,000,
+an increase of 700 per cent on the population in 1790. In 1869 it is
+estimated that it will reach 38,000,000, or an increase of 868 per cent
+in seventy-nine years.
+
+The annual expenditures of the Federal Government in 1791 were
+$4,200,000; in 1820, $13,200,000; in 1850, forty-one millions; in 1860,
+sixty-three millions; in 1865, nearly thirteen hundred millions; and
+in 1869 it is estimated by the Secretary of the Treasury, in his last
+annual report, that they will be three hundred and seventy-two millions.
+
+By comparing the public disbursements of 1869, as estimated, with those
+of 1791, it will be seen that the increase of expenditure since the
+beginning of the Government has been 8,618 per cent, while the increase
+of the population for the same period was only 868 per cent. Again,
+the expenses of the Government in 1860, the year of peace immediately
+preceding the war, were only sixty-three millions, while in 1869, the
+year of peace three years after the war, it is estimated they will be
+three hundred and seventy-two millions, an increase of 489 per cent,
+while the increase of population was only 21 per cent for the same
+period.
+
+These statistics further show that in 1791 the annual national expenses,
+compared with the population, were little more than $1 per capita, and
+in 1860 but $2 per capita; while in 1869 they will reach the extravagant
+sum of $9.78 per capita.
+
+It will be observed that all these statements refer to and exhibit the
+disbursements of peace periods. It may, therefore, be of interest to
+compare the expenditures of the three war periods--the war with Great
+Britain, the Mexican War, and the War of the Rebellion.
+
+In 1814 the annual expenses incident to the War of 1812 reached their
+highest amount--about thirty-one millions--while our population slightly
+exceeded 8,000,000, showing an expenditure of only $3.80 per capita.
+In 1847 the expenditures growing out of the war with Mexico reached
+fifty-five millions, and the population about 21,000,000, giving only
+$2.60 per capita for the war expenses of that year. In 1865 the
+expenditures called for by the rebellion reached the vast amount of
+twelve hundred and ninety millions, which, compared with a population
+of 34,000,000, gives $38.20 per capita.
+
+From the 4th day of March, 1789, to the 30th of June, 1861, the entire
+expenditures of the Government were $1,700,000,000. During that period
+we were engaged in wars with Great Britain and Mexico, and were involved
+in hostilities with powerful Indian tribes; Louisiana was purchased from
+France at a cost of $15,000,000; Florida was ceded to us by Spain for
+five millions; California was acquired from Mexico for fifteen millions,
+and the territory of New Mexico was obtained from Texas for the sum of
+ten millions. Early in 1861 the War of the Rebellion commenced; and
+from the 1st of July of that year to the 30th of June, 1865, the public
+expenditures reached the enormous aggregate of thirty-three hundred
+millions. Three years of peace have intervened, and during that time the
+disbursements of the Government have successively been five hundred and
+twenty millions, three hundred and forty-six millions, and three hundred
+and ninety-three millions. Adding to these amounts three hundred and
+seventy-two millions, estimated as necessary for the fiscal year ending
+the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000
+during the four years immediately succeeding the war, or nearly as much
+as was expended during the seventy-two years that preceded the rebellion
+and embraced the extraordinary expenditures already named.
+
+These startling facts clearly illustrate the necessity of
+retrenchment in all branches of the public service. Abuses which were
+tolerated during the war for the preservation of the nation will not be
+endured by the people, now that profound peace prevails. The receipts
+from internal revenues and customs have during the past three years
+gradually diminished, and the continuance of useless and extravagant
+expenditures will involve us in national bankruptcy, or else make
+inevitable an increase of taxes, already too onerous and in many
+respects obnoxious on account of their inquisitorial character. One
+hundred millions annually are expended for the military force, a large
+portion of which is employed in the execution of laws both unnecessary
+and unconstitutional; one hundred and fifty millions are required each
+year to pay the interest on the public debt; an army of taxgatherers
+impoverishes the nation, and public agents, placed by Congress beyond
+the control of the Executive, divert from their legitimate purposes
+large sums of money which they collect from the people in the name of
+the Government. Judicious legislation and prudent economy can alone
+remedy defects and avert evils which, if suffered to exist, can not fail
+to diminish confidence in the public councils and weaken the attachment
+and respect of the people toward their political institutions. Without
+proper care the small balance which it is estimated will remain in the
+Treasury at the close of the present fiscal year will not be realized,
+and additional millions be added to a debt which is now enumerated by
+billions.
+
+It is shown by the able and comprehensive report of the Secretary of
+the Treasury that the receipts for the fiscal year ending June 30, 1868,
+were $405,638,083, and that the expenditures for the same period were
+$377,340,284, leaving in the Treasury a surplus of $28,297,798. It is
+estimated that the receipts during the present fiscal year, ending June
+30, 1869, will be $341,392,868 and the expenditures $336,152,470,
+showing a small balance of $5,240,398 in favor of the Government. For
+the fiscal year ending June 30, 1870, it is estimated that the receipts
+will amount to $327,000,000 and the expenditures to $303,000,000,
+leaving an estimated surplus of $24,000,000.
+
+It becomes proper in this connection to make a brief reference to our
+public indebtedness, which has accumulated with such alarming rapidity
+and assumed such colossal proportions.
+
+In 1789, when the Government commenced operations under the Federal
+Constitution, it was burdened with an indebtedness of $75,000,000,
+created during the War of the Revolution. This amount had been reduced
+to $45,000,000 when, in 1812, war was declared against Great Britain.
+The three years' struggle that followed largely increased the national
+obligations, and in 1816 they had attained the sum of $127,000,000. Wise
+and economical legislation, however, enabled the Government to pay the
+entire amount within a period of twenty years, and the extinguishment
+of the national debt filled the land with rejoicing and was one of the
+great events of President Jackson's Administration. After its redemption
+a large fund remained in the Treasury, which was deposited for
+safe-keeping with the several States, on condition that it should be
+returned when required by the public wants. In 1849--the year after the
+termination of an expensive war with Mexico--we found ourselves involved
+in a debt of $64,000,000; and this was the amount owed by the Government
+in 1860, just prior to the outbreak of the rebellion. In the spring of
+1861 our civil war commenced. Each year of its continuance made an
+enormous addition to the debt; and when, in the spring of 1865, the
+nation successfully emerged from the conflict, the obligations of the
+Government had reached the immense sum of $2,873,992,909. The Secretary
+of the Treasury shows that on the 1st day of November, 1867, this amount
+had been reduced to $2,491,504,450; but at the same time his report
+exhibits an increase during the past year of $35,625,102, for the debt
+on the 1st day of November last is stated to have been $2,527,129,552.
+It is estimated by the Secretary that the returns for the past month
+will add to our liabilities the further sum of $11,000,000, making a
+total increase during thirteen months of $46,500,000.
+
+In my message to Congress December 4, 1865, it was suggested that a
+policy should be devised which, without being oppressive to the people,
+would at once begin to effect a reduction of the debt, and, if persisted
+in, discharge it fully within a definite number of years. The Secretary
+of the Treasury forcibly recommends legislation of this character,
+and justly urges that the longer it is deferred the more difficult
+must become its accomplishment. We should follow the wise precedents
+established in 1789 and 1816, and without further delay make provision
+for the payment of our obligations at as early a period as may be
+practicable. The fruits of their labors should be enjoyed by our
+citizens rather than used to build up and sustain moneyed monopolies in
+our own and other lands. Our foreign debt is already computed by the
+Secretary of the Treasury at $850,000,000; citizens of foreign countries
+receive interest upon a large portion of our securities, and American
+taxpayers are made to contribute large sums for their support. The idea
+that such a debt is to become permanent should be at all times discarded
+as involving taxation too heavy to be borne, and payment once in every
+sixteen years, at the present rate of interest, of an amount equal to
+the original sum. This vast debt, if permitted to become permanent and
+increasing, must eventually be gathered into the hands of a few, and
+enable them to exert a dangerous and controlling power in the affairs of
+the Government. The borrowers would become servants to the lenders, the
+lenders the masters of the people. We now pride ourselves upon having
+given freedom to 4,000,000 of the colored race; it will then be our
+shame that 40,000,000 of people, by their own toleration of usurpation
+and profligacy, have suffered themselves to become enslaved, and merely
+exchanged slave owners for new taskmasters in the shape of bondholders
+and taxgatherers. Besides, permanent debts pertain to monarchical
+governments, and, tending to monopolies, perpetuities, and class
+legislation, are totally irreconcilable with free institutions.
+Introduced into our republican system, they would gradually but surely
+sap its foundations, eventually subvert our governmental fabric, and
+erect upon its ruins a moneyed aristocracy. It is our sacred duty to
+transmit unimpaired to our posterity the blessings of liberty which were
+bequeathed to us by the founders of the Republic, and by our example
+teach those who are to follow us carefully to avoid the dangers which
+threaten a free and independent people.
+
+Various plans have been proposed for the payment of the public debt.
+However they may have varied as to the time and mode in which it should
+be redeemed, there seems to be a general concurrence as to the propriety
+and justness of a reduction in the present rate of interest. The
+Secretary of the Treasury in his report recommends 5 per cent; Congress,
+in a bill passed prior to adjournment on the 27th of July last, agreed
+upon 4 and 4-1/2 per cent; while by many 3 per cent has been held to be
+an amply sufficient return for the investment. The general impression as
+to the exorbitancy of the existing rate of interest has led to an
+inquiry in the public mind respecting the consideration which the
+Government has actually received for its bonds, and the conclusion is
+becoming prevalent that the amount which it obtained was in real money
+three or four hundred per cent less than the obligations which it issued
+in return. It can not be denied that we are paying an extravagant
+percentage for the use of the money borrowed, which was paper currency,
+greatly depreciated below the value of coin. This fact is made apparent
+when we consider that bondholders receive from the Treasury upon each
+dollar they own in Government securities 6 per cent in gold, which is
+nearly or quite equal to 9 per cent in currency; that the bonds are
+then converted into capital for the national banks, upon which those
+institutions issue their circulation, bearing 6 per cent interest; and
+that they are exempt from taxation by the Government and the States, and
+thereby enhanced 2 per cent in the hands of the holders. We thus have an
+aggregate of 17 per cent which may be received upon each dollar by the
+owners of Government securities. A system that produces such results is
+justly regarded as favoring a few at the expense of the many, and has
+led to the further inquiry whether our bondholders, in view of the
+large profits which they have enjoyed, would themselves be averse to
+a settlement of our indebtedness upon a plan which would yield them a
+fair remuneration and at the same time be just to the taxpayers of the
+nation. Our national credit should be sacredly observed, but in making
+provision for our creditors we should not forget what is due to the
+masses of the people. It may be assumed that the holders of our
+securities have already received upon their bonds a larger amount than
+their original investment, measured by a gold standard. Upon this
+statement of facts it would seem but just and equitable that the 6 per
+cent interest now paid by the Government should be applied to the
+reduction of the principal in semiannual installments, which in sixteen
+years and eight months would liquidate the entire national debt. Six per
+cent in gold would at present rates be equal to 9 per cent in currency,
+and equivalent to the payment of the debt one and a half times in a
+fraction less than seventeen years. This, in connection with all the
+other advantages derived from their investment, would afford to the
+public creditors a fair and liberal compensation for the use of their
+capital, and with this they should be satisfied. The lessons of the past
+admonish the lender that it is not well to be overanxious in exacting
+from the borrower rigid compliance with the letter of the bond.
+
+If provision be made for the payment of the indebtedness of the
+Government in the manner suggested, our nation will rapidly recover its
+wonted prosperity. Its interests require that some measure should be
+taken to release the large amount of capital invested in the securities
+of the Government. It is not now merely unproductive, but in taxation
+annually consumes $150,000,000, which would otherwise be used by our
+enterprising people in adding to the wealth of the nation. Our commerce,
+which at one time successfully rivaled that of the great maritime
+powers, has, rapidly diminished, and our industrial interests are
+in a depressed and languishing condition. The development of our
+inexhaustible resources is checked, and the fertile fields of the South
+are becoming waste for want of means to till them. With the release of
+capital, new life would be infused into the paralyzed energies of our
+people and activity and vigor imparted to every branch of industry. Our
+people need encouragement in their efforts to recover from the effects
+of the rebellion and of injudicious legislation, and it should be the
+aim of the Government to stimulate them by the prospect of an early
+release from the burdens which impede their prosperity. If we can not
+take the burdens from their shoulders, we should at least manifest
+a willingness to help to bear them.
+
+In referring to the condition of the circulating medium, I shall merely
+reiterate substantially that portion of my last annual message which
+relates to that subject.
+
+The proportion which the currency of any country should bear to
+the whole value of the annual produce circulated by its means is a
+question upon which political economists have not agreed. Nor can it
+be controlled by legislation, but must be left to the irrevocable laws
+which everywhere regulate commerce and trade. The circulating medium
+will ever irresistibly flow to those points where it is in greatest
+demand. The law of demand and supply is as unerring as that which
+regulates the tides of the ocean; and, indeed, currency, like the tides,
+has its ebbs and flows throughout the commercial world.
+
+At the beginning of the rebellion the bank-note circulation of the
+country amounted to not much more than $200,000,000; now the circulation
+of national-bank notes and those known as "legal-tenders" is nearly
+seven hundred millions. While it is urged by some that this amount
+should be increased, others contend that a decided reduction is
+absolutely essential to the best interests of the country. In view of
+these diverse opinions, it may be well to ascertain the real value of
+our paper issues when compared with a metallic or convertible currency.
+For this purpose let us inquire how much gold and silver could be
+purchased by the seven hundred millions of paper money now in
+circulation. Probably not more than half the amount of the latter;
+showing that when our paper currency is compared with gold and silver
+its commercial value is compressed into three hundred and fifty
+millions. This striking fact makes it the obvious duty of the
+Government, as early as may be consistent with the principles of sound
+political economy, to take such measures as will enable the holders of
+its notes and those of the national banks to convert them, without loss,
+into specie or its equivalent. A reduction of our paper circulating
+medium need not necessarily follow. This, however, would depend upon the
+law of demand and supply, though it should be borne in mind that by
+making legal-tender and bank notes convertible into coin or its
+equivalent their present specie value in the hands of their holders
+would be enhanced 100 per cent.
+
+Legislation for the accomplishment of a result so desirable is demanded
+by the highest public considerations. The Constitution contemplates that
+the circulating medium of the country shall be uniform in quality and
+value. At the time of the formation of that instrument the country had
+just emerged from the War of the Revolution, and was suffering from the
+effects of a redundant and worthless paper currency. The sages of that
+period were anxious to protect their posterity from the evils which they
+themselves had experienced. Hence in providing a circulating medium they
+conferred upon Congress the power to coin money and regulate the value
+thereof, at the same time prohibiting the States from making anything
+but gold and silver a tender in payment of debts.
+
+The anomalous condition of our currency is in striking contrast with
+that which was originally designed. Our circulation now embraces, first,
+notes of the national banks, which are made receivable for all dues to
+the Government, excluding imposts, and by all its creditors, excepting
+in payment of interest upon its bonds and the securities themselves;
+second, legal tender, issued by the United States, and which the law
+requires shall be received as well in payment of all debts between
+citizens as of all Government dues, excepting imposts; and, third, gold
+and silver coin. By the operation of our present system of finance,
+however, the metallic currency, when collected, is reserved only for one
+class of Government creditors, who, holding its bonds, semiannually
+receive their interest in coin from the National Treasury. There is no
+reason which will be accepted as satisfactory by the people why those
+who defend us on the land and protect us on the sea; the pensioner upon
+the gratitude of the nation, bearing the scars and wounds received while
+in its service; the public servants in the various departments of the
+Government; the farmer who supplies the soldiers of the Army and the
+sailors of the Navy; the artisan who toils in the nation's workshops,
+or the mechanics and laborers who build its edifices and construct
+its forts and vessels of war, should, in payment of their just and
+hard-earned dues, receive depreciated paper, while another class of
+their countrymen, no more deserving, are paid in coin of gold and
+silver. Equal and exact justice requires that all the creditors of the
+Government should be paid in a currency possessing a uniform value.
+This can only be accomplished by the restoration of the currency to the
+standard established by the Constitution, and by this means we would
+remove a discrimination which may, if it has not already done so, create
+a prejudice that may become deep-rooted and widespread and imperil the
+national credit.
+
+The feasibility of making our currency correspond with the
+constitutional standard may be seen by reference to a few facts derived
+from our commercial statistics.
+
+The aggregate product of precious metals in the United States from 1849
+to 1867 amounted to $1,174,000,000, while for the same period the net
+exports of specie were $741,000,000. This shows an excess of product
+over net exports of $433,000,000. There are in the Treasury $103,407,985
+in coin; in circulation in the States on the Pacific Coast about
+$40,000,000, and a few millions in the national and other banks--in all
+less than $160,000,000. Taking into consideration the specie in the
+country prior to 1849 and that produced since 1867, and we have more
+than $300,000,000 not accounted for by exportation or by returns of the
+Treasury, and therefore most probably remaining in the country.
+
+These are important facts, and show how completely the inferior
+currency will supersede the better, forcing it from circulation among
+the masses and causing it to be exported as a mere article of trade, to
+add to the money capital of foreign lands. They show the necessity of
+retiring our paper money, that the return of gold and silver to the
+avenues of trade may be invited and a demand created which will cause
+the retention at home of at least so much of the productions of our
+rich and inexhaustible gold-bearing fields as may be sufficient for
+purposes of circulation. It is unreasonable to expect a return to a
+sound currency so long as the Government and banks, by continuing to
+issue irredeemable notes, fill the channels of circulation with
+depreciated paper. Notwithstanding a coinage by our mints since 1849 of
+$874,000,000, the people are now strangers to the currency which was
+designed for their use and benefit, and specimens of the precious metals
+bearing the national device are seldom seen, except when produced to
+gratify the interest excited by their novelty. If depreciated paper is
+to be continued as the permanent currency of the country, and all our
+coin is to become a mere article of traffic and speculation, to the
+enhancement in price of all that is indispensable to the comfort of the
+people, it would be wise economy to abolish our mints, thus saving the
+nation the care and expense incident to such establishments, and let our
+precious metals be exported in bullion. The time has come, however, when
+the Government and national banks should be required to take the most
+efficient steps and make all necessary arrangements for a resumption of
+specie payments. Let specie payments once be earnestly inaugurated by
+the Government and banks, and the value of the paper circulation would
+directly approximate a specie standard.
+
+Specie payments having been resumed by the Government and banks, all
+notes or bills of paper issued by either of a less denomination than $20
+should by law be excluded from circulation, so that the people may have
+the benefit and convenience of a gold and silver currency which in all
+their business transactions will be uniform in value at home and abroad.
+Every man of property or industry, every man who desires to preserve
+what he honestly possesses or to obtain what he can honestly earn, has a
+direct interest in maintaining a safe circulating medium--such a medium
+as shall be real and substantial, not liable to vibrate with opinions,
+not subject to be blown up or blown down by the breath of speculation,
+but to be made stable and secure. A disordered currency is one of the
+greatest political evils. It undermines the virtues necessary for the
+support of the social system and encourages propensities destructive of
+its happiness; it wars against industry, frugality, and economy, and it
+fosters the evil spirits of extravagance and speculation.
+
+It has been asserted by one of our profound and most gifted statesmen
+that--
+
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation--these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well-disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+
+
+It is one of the most successful devices, in times of peace or war,
+of expansions or revulsions, to accomplish the transfer of all the
+precious metals from the great mass of the people into the hands of the
+few, where they are hoarded in secret places or deposited under bolts
+and bars, while the people are left to endure all the inconvenience,
+sacrifice, and demoralization resulting from the use of depreciated and
+worthless paper.
+
+The Secretary of the Interior in his report gives valuable information
+in reference to the interests confided to the supervision of his
+Department, and reviews the operations of the Land Office, Pension
+Office, Patent Office, and Indian Bureau.
+
+During the fiscal year ending June 30, 1868, 6,655,700 acres of public
+land were disposed of. The entire cash receipts of the General Land
+Office for the same period were $1,632,745, being greater by $284,883
+than the amount realized from the same sources during the previous year.
+The entries under the homestead law cover 2,328,923 acres, nearly
+one-fourth of which was taken under the act of June 21, 1866, which
+applies only to the States of Alabama, Mississippi, Louisiana, Arkansas,
+and Florida.
+
+On the 30th of June, 1868, 169,643 names were borne on the pension
+rolls, and during the year ending on that day the total amount paid for
+pensions, including the expenses of disbursement, was $24,010,982, being
+$5,391,025 greater than that expended for like purposes during the
+preceding year.
+
+During the year ending the 30th of September last the expenses of the
+Patent Office exceeded the receipts by $171, and, including reissues
+and designs, 14,153 patents were issued.
+
+Treaties with various Indian tribes have been concluded, and will be
+submitted to the Senate for its constitutional action. I cordially
+sanction the stipulations which provide for reserving lands for the
+various tribes, where they may be encouraged to abandon their nomadic
+habits and engage in agricultural and industrial pursuits. This policy,
+inaugurated many years since, has met with signal success whenever it
+has been pursued in good faith and with becoming liberality by the
+United States. The necessity for extending it as far as practicable in
+our relations with the aboriginal population is greater now than at any
+preceding period. Whilst we furnish subsistence and instruction to the
+Indians and guarantee the undisturbed enjoyment of their treaty rights,
+we should habitually insist upon the faithful observance of their
+agreement to remain within their respective reservations. This is the
+only mode by which collisions with other tribes and with the whites can
+be avoided and the safety of our frontier settlements secured.
+
+The companies constructing the railway from Omaha to Sacramento have
+been most energetically engaged in prosecuting the work, and it is
+believed that the line will be completed before the expiration of
+the next fiscal year. The 6 per cent bonds issued to these companies
+amounted on the 5th instant to $44,337,000, and additional work had
+been performed to the extent of $3,200,000.
+
+The Secretary of the Interior in August last invited my attention
+to the report of a Government director of the Union Pacific Railroad
+Company who had been specially instructed to examine the location,
+construction, and equipment of their road. I submitted for the opinion
+of the Attorney-General certain questions in regard to the authority of
+the Executive which arose upon this report and those which had from time
+to time been presented by the commissioners appointed to inspect each
+successive section of the work. After carefully considering the law of
+the case, he affirmed the right of the Executive to order, if necessary,
+a thorough revision of the entire road. Commissioners were thereupon
+appointed to examine this and other lines, and have recently submitted a
+statement of their investigations, of which the report of the Secretary
+of the Interior furnishes specific information.
+
+The report of the Secretary of War contains information of interest and
+importance respecting the several bureaus of the War Department and the
+operations of the Army. The strength of our military force on the 30th
+of September last was 48,000 men, and it is computed that by the 1st of
+January next this number will be decreased to 43,000. It is the opinion
+of the Secretary of War that within the next year a considerable
+diminution of the infantry force may be made without detriment to the
+interests of the country; and in view of the great expense attending the
+military peace establishment and the absolute necessity of retrenchment
+wherever it can be applied, it is hoped that Congress will sanction the
+reduction which his report recommends. While in 1860 sixteen thousand
+three hundred men cost the nation $16,472,000, the sum of $65,682,000
+is estimated as necessary for the support of the Army during the fiscal
+year ending June 30, 1870. The estimates of the War Department for
+the last two fiscal years were, for 1867, $33,814,461, and for 1868
+$25,205,669. The actual expenditures during the same periods were,
+respectively, $95,224,415 and $123,246,648. The estimate submitted in
+December last for the fiscal year ending June 30, 1869, was $77,124,707;
+the expenditures for the first quarter, ending the 30th of September
+last, were $27,219,117, and the Secretary of the Treasury gives
+$66,000,000 as the amount which will probably be required during the
+remaining three quarters, if there should be no reduction of the
+Army--making its aggregate cost for the year considerably in excess
+of ninety-three millions. The difference between the estimates and
+expenditures for the three fiscal years which have been named is thus
+shown to be $175,545,343 for this single branch of the public service.
+
+The report of the Secretary of the Navy exhibits the operations of that
+Department and of the Navy during the year. A considerable reduction of
+the force has been effected. There are 42 vessels, carrying 411 guns, in
+the six squadrons which are established in different parts of the world.
+Three of these vessels are returning to the United States and 4 are used
+as storeslips, leaving the actual cruising force 35 vessels, carrying
+356 guns. The total number of vessels in the Navy is 206, mounting 1,743
+guns. Eighty-one vessels of every description are in use, armed with 696
+guns. The number of enlisted men in the service, including apprentices,
+has been reduced to 8,500. An increase of navy-yard facilities is
+recommended as a measure which will in the event of war be promotive
+of economy and security. A more thorough and systematic survey of the
+North Pacific Ocean is advised in view of our recent acquisitions, our
+expanding commerce, and the increasing intercourse between the Pacific
+States and Asia. The naval pension fund, which consists of a moiety of
+the avails of prizes captured during the war, amounts to $14,000,000.
+Exception is taken to the act of 23d July last, which reduces the
+interest on the fund loaned to the Government by the Secretary, as
+trustee, to 3 per cent instead of 6 per cent, which was originally
+stipulated when the investment was made. An amendment of the pension
+laws is suggested to remedy omissions and defects in existing
+enactments. The expenditures of the Department during the last fiscal
+year were $20,120,394, and the estimates for the coming year amount
+to $20,993,414.
+
+The Postmaster-General's report furnishes a full and clear exhibit of
+the operations and condition of the postal service. The ordinary postal
+revenue for the fiscal year ending June 30, 1868, was $16,292,600,
+the total expenditures, embracing all the service for which special
+appropriations have been made by Congress, amounted to $22,730,592,
+showing an excess of expenditures of $6,437,991. Deducting from the
+expenditures the sum of $1,896,525, the amount of appropriations for
+ocean-steamship and other special service, the excess of expenditures
+was $4,541,466. By using an unexpended balance in the Treasury of
+$3,800,000 the actual sum for which a special appropriation is required
+to meet the deficiency is $741,466. The causes which produced this large
+excess of expenditure over revenue were the restoration of service in
+the late insurgent States and the putting into operation of new service
+established by acts of Congress, which amounted within the last two
+years and a half to about 48,700 miles--equal to more than one-third
+of the whole amount of the service at the close of the war. New postal
+conventions with Great Britain, North Germany, Belgium, the Netherlands,
+Switzerland, and Italy, respectively, have been carried into effect.
+Under their provisions important improvements have resulted in reduced
+rates of international postage and enlarged mail facilities with
+European countries. The cost of the United States transatlantic ocean
+mail service since January 1, 1868, has been largely lessened under the
+operation of these new conventions, a reduction of over one-half having
+been effected under the new arrangements for ocean mail steamship
+service which went into effect on that date. The attention of Congress
+is invited to the practical suggestions and recommendations made in his
+report by the Postmaster-General.
+
+No important question has occurred during the last year in our
+accustomed cordial and friendly intercourse with Costa Rica, Guatemala,
+Honduras, San Salvador, France, Austria, Belgium, Switzerland, Portugal,
+the Netherlands, Denmark, Sweden and Norway, Rome, Greece, Turkey,
+Persia, Egypt, Liberia, Morocco, Tripoli, Tunis, Muscat, Siam, Borneo,
+and Madagascar.
+
+Cordial relations have also been maintained with the Argentine and the
+Oriental Republics. The expressed wish of Congress that our national
+good offices might be tendered to those Republics, and also to Brazil
+and Paraguay, for bringing to an end the calamitous war which has so
+long been raging in the valley of the La Plata, has been assiduously
+complied with and kindly acknowledged by all the belligerents. That
+important negotiation, however, has thus far been without result.
+
+Charles A. Washburn, late United States minister to Paraguay, having
+resigned, and being desirous to return to the United States, the
+rear-admiral commanding the South Atlantic Squadron was early directed
+to send a ship of war to Asuncion, the capital of Paraguay, to receive
+Mr. Washburn and his family and remove them from a situation which was
+represented to be endangered by faction and foreign war. The Brazilian
+commander of the allied invading forces refused permission to the _Wasp_
+to pass through the blockading forces, and that vessel returned to
+its accustomed anchorage. Remonstrance having been made against this
+refusal, it was promptly overruled, and the _Wasp_ therefore resumed
+her errand, received Mr. Washburn and his family, and conveyed them to
+a safe and convenient seaport. In the meantime an excited controversy
+had arisen between the President of Paraguay and the late United States
+minister, which, it is understood, grew out of his proceedings in
+giving asylum in the United States legation to alleged enemies of
+that Republic. The question of the right to give asylum is one always
+difficult and often productive of great embarrassment. In states well
+organized and established, foreign powers refuse either to concede or
+exercise that right, except as to persons actually belonging to the
+diplomatic service. On the other hand, all such powers insist upon
+exercising the right of asylum in states where the law of nations is
+not fully acknowledged, respected, and obeyed.
+
+The President of Paraguay is understood to have opposed to Mr.
+Washburn's proceedings the injurious and very improbable charge of
+personal complicity in insurrection and treason. The correspondence,
+however, has not yet reached the United States.
+
+Mr. Washburn, in connection with this controversy, represents that two
+United States citizens attached to the legation were arbitrarily seized
+at his Side, when leaving the capital of Paraguay, committed to prison,
+and there subjected to torture for the purpose of procuring confessions
+of their own criminality and testimony to support the President's
+allegations against the United States minister. Mr. McMahon, the newly
+appointed minister to Paraguay, having reached the La Plata, has been
+instructed to proceed without delay to Asuncion, there to investigate
+the whole subject. The rear-admiral commanding the United States South
+Atlantic Squadron has been directed to attend the new minister with a
+proper naval force to sustain such just demands as the occasion may
+require, and to vindicate the rights of the United States citizens
+referred to and of any others who may be exposed to danger in the
+theater of war. With these exceptions, friendly relations have been
+maintained between the United States and Brazil and Paraguay.
+
+Our relations during the past year with Bolivia, Ecuador, Peru,
+and Chile have become especially friendly and cordial. Spain and the
+Republics of Peru, Bolivia, and Ecuador have expressed their willingness
+to accept the mediation of the United States for terminating the war
+upon the South Pacific coast. Chile has not finally declared upon the
+question. In the meantime the conflict has practically exhausted itself,
+since no belligerent or hostile movement has been made by either party
+during the last two years, and there are no indications of a present
+purpose to resume hostilities on either side. Great Britain and France
+have cordially seconded our proposition of mediation, and I do not
+forego the hope that it may soon be accepted by all the belligerents and
+lead to a secure establishment of peace and friendly relations between
+the Spanish American Republics of the Pacific and Spain--a result
+which would be attended with common benefits to the belligerents
+and much advantage to all commercial nations. I communicate, for
+the consideration of Congress, a correspondence which shows that the
+Bolivian Republic has established the extremely liberal principle of
+receiving into its citizenship any citizen of the United States, or
+of any other of the American Republics, upon the simple condition of
+voluntary registry.
+
+The correspondence herewith submitted wall be found painfully
+replete with accounts of the ruin and wretchedness produced by recent
+earthquakes, of unparalleled severity, in the Republics of Peru,
+Ecuador, and Bolivia. The diplomatic agents and naval officers of the
+United States who were present in those countries at the time of those
+disasters furnished all the relief in their power to the sufferers, and
+were promptly rewarded with grateful and touching acknowledgments by
+the Congress of Peru. An appeal to the charity of our fellow-citizens
+has been answered by much liberality. In this connection I submit an
+appeal which has been made by the Swiss Republic, whose Government and
+institutions are kindred to our own, in behalf of its inhabitants, who
+are suffering extreme destitution, produced by recent devastating
+inundations.
+
+Our relations with Mexico during the year have been marked by an
+increasing growth of mutual confidence. The Mexican Government has
+not yet acted upon the three treaties celebrated here last summer for
+establishing the rights of naturalized citizens upon a liberal and just
+basis, for regulating consular powers, and for the adjustment of mutual
+claims.
+
+All commercial nations, as well as all friends of republican
+institutions, have occasion to regret the frequent local disturbances
+which occur in some of the constituent States of Colombia. Nothing has
+occurred, however, to affect the harmony and cordial friendship which
+have for several years existed between that youthful and vigorous
+Republic and our own.
+
+Negotiations are pending with a view to the survey and construction
+of a ship canal across the Isthmus of Darien, under the auspices of
+the United States. I hope to be able to submit the results of that
+negotiation to the Senate during its present session.
+
+The very liberal treaty which was entered into last year by the United
+States and Nicaragua has been ratified by the latter Republic.
+
+Costa Rica, with the earnestness of a sincerely friendly neighbor,
+solicits a reciprocity of trade, which I commend to the consideration
+of Congress.
+
+The convention created by treaty between the United States and Venezuela
+in July, 1865, for the mutual adjustment of claims, has been held,
+and its decisions have been received at the Department of State. The
+heretofore-recognized Government of the United States of Venezuela has
+been subverted. A provisional government having been instituted under
+circumstances which promise durability, it has been formally recognized.
+
+I have been reluctantly obliged to ask explanation and satisfaction
+for national injuries committed by the President of Hayti. The political
+and social condition of the Republics of Hayti and St. Domingo is very
+unsatisfactory and painful. The abolition of slavery, which has been
+carried into effect throughout the island of St. Domingo and the entire
+West Indies, except the Spanish islands of Cuba and Porto Rico, has
+been followed by a profound popular conviction of the rightfulness
+of republican institutions and an intense desire to secure them.
+The attempt, however, to establish republics there encounters many
+obstacles, most of which may be supposed to result from long-indulged
+habits of colonial supineness and dependence upon European monarchical
+powers. While the United States have on all occasions professed a
+decided unwillingness that any part of this continent or of its adjacent
+islands shall be made a theater for a new establishment of monarchical
+power, too little has been done by us, on the other hand, to attach the
+communities by which we are surrounded to our own country, or to lend
+even a moral support to the efforts they are so resolutely and so
+constantly making to secure republican institutions for themselves.
+It is indeed a question of grave consideration whether our recent and
+present example is not calculated to check the growth and expansion of
+free principles, and make those communities distrust, if not dread,
+a government which at will consigns to military domination States that
+are integral parts of our Federal Union, and, while ready to resist any
+attempts by other nations to extend to this hemisphere the monarchical
+institutions of Europe, assumes to establish over a large portion of
+its people a rule more absolute, harsh, and tyrannical than any known
+to civilized powers.
+
+The acquisition of Alaska was made with the view of extending national
+jurisdiction and republican principles in the American hemisphere.
+Believing that a further step could be taken in the same direction,
+I last year entered into a treaty with the King of Denmark for the
+purchase of the islands of St. Thomas and St. John, on the best terms
+then attainable, and with the express consent of the people of those
+islands. This treaty still remains under consideration in the Senate.
+A new convention has been entered into with Denmark, enlarging the time
+fixed for final ratification of the original treaty.
+
+Comprehensive national policy would seem to sanction the acquisition and
+incorporation into our Federal Union of the several adjacent continental
+and insular communities as speedily as it can be done peacefully,
+lawfully, and without any violation of national justice, faith, or
+honor. Foreign possession or control of those communities has hitherto
+hindered the growth and impaired the influence of the United States.
+Chronic revolution and anarchy there would be equally injurious. Each
+one of them, when firmly established as an independent republic, or when
+incorporated into the United States, would be a new source of strength
+and power. Conforming my Administration to these principles, I have on
+no occasion lent support or toleration to unlawful expeditions set on
+foot upon the plea of republican propagandism or of national extension
+or aggrandizement. The necessity, however, of repressing such unlawful
+movements clearly indicates the duty which rests upon us of adapting our
+legislative action to the new circumstances of a decline of European
+monarchical power and influence and the increase of American republican
+ideas, interests, and sympathies.
+
+It can not be long before it will become necessary for this Government
+to lend some effective aid to the solution of the political and social
+problems which are continually kept before the world by the two
+Republics of the island of St. Domingo, and which are now disclosing
+themselves more distinctly than heretofore in the island of Cuba. The
+subject is commended to your consideration with all the more earnestness
+because I am satisfied that the time has arrived when even so direct a
+proceeding as a proposition for an annexation of the two Republics of
+the island of St. Domingo would not only receive the consent of the
+people interested, but would also give satisfaction to all other foreign
+nations.
+
+I am aware that upon the question of further extending our
+possessions it is apprehended by some that our political system can not
+successfully be applied to an area more extended than our continent; but
+the conviction is rapidly gaining ground in the American mind that with
+the increased facilities for intercommunication between all portions
+of the earth the principles of free government, as embraced in our
+Constitution, if faithfully maintained and carried out, would prove of
+sufficient strength and breadth to comprehend within their sphere and
+influence the civilized nations of the world.
+
+The attention of the Senate and of Congress is again respectfully
+invited to the treaty for the establishment of commercial reciprocity
+with the Hawaiian Kingdom entered into last year, and already ratified
+by that Government. The attitude of the United States toward these
+islands is not very different from that in which they stand toward the
+West Indies. It is known and felt by the Hawaiian Government and people
+that their Government and institutions are feeble and precarious; that
+the United States, being so near a neighbor, would be unwilling to see
+the islands pass under foreign control. Their prosperity is continually
+disturbed by expectations and alarms of unfriendly political
+proceedings, as well from the United States as from other foreign
+powers. A reciprocity treaty, while it could not materially diminish
+the revenues of the United States, would be a guaranty of the good will
+and forbearance of all nations until the people of the islands shall of
+themselves, at no distant day, voluntarily apply for admission into the
+Union.
+
+The Emperor of Russia has acceded to the treaty negotiated here
+in January last for the security of trade-marks in the interest
+of manufacturers and commerce. I have invited his attention to the
+importance of establishing, now while it seems easy and practicable,
+a fair and equal regulation of the vast fisheries belonging to the
+two nations in the waters of the North Pacific Ocean.
+
+The two treaties between the United States and Italy for the regulation
+of consular powers and the extradition of criminals, negotiated and
+ratified here during the last session of Congress, have been accepted
+and confirmed by the Italian Government. A liberal consular convention
+which has been negotiated with Belgium will be submitted to the Senate.
+The very important treaties which were negotiated between the United
+States and North Germany and Bavaria for the regulation of the rights of
+naturalized citizens have been duly ratified and exchanged, and similar
+treaties have been entered into with the Kingdoms of Belgium and
+Wurtemberg and with the Grand Duchies of Baden and Hesse-Darmstadt.
+I hope soon to be able to submit equally satisfactory conventions of
+the same character now in the course of negotiation with the respective
+Governments of Spain, Italy, and the Ottoman Empire.
+
+Examination of claims against the United States by the Hudsons Bay
+Company and the Puget Sound Agricultural Company, on account of certain
+possessory rights in the State of Oregon and Territory of Washington,
+alleged by those companies in virtue of provisions of the treaty
+between the United States and Great Britain of June 15, 1846, has been
+diligently prosecuted, under the direction of the joint international
+commission to which they were submitted for adjudication by treaty
+between the two Governments of July 1, 1863, and will, it is expected,
+be concluded at an early day.
+
+No practical regulation concerning colonial trade and the fisheries can
+be accomplished by treaty between the United States and Great Britain
+until Congress shall have expressed their judgment concerning the
+principles involved. Three other questions, however, between the United
+States and Great Britain remain open for adjustment. These are the
+mutual rights of naturalized citizens, the boundary question involving
+the title to the island of San Juan, on the Pacific coast, and mutual
+claims arising since the year 1853 of the citizens and subjects of the
+two countries for injuries and depredations committed under the
+authority of their respective Governments. Negotiations upon these
+subjects are pending, and I am not without hope of being able to lay
+before the Senate, for its consideration during the present session,
+protocols calculated to bring to an end these justly exciting and
+long-existing controversies.
+
+We are not advised of the action of the Chinese Government upon the
+liberal and auspicious treaty which was recently celebrated with its
+plenipotentiaries at this capital.
+
+Japan remains a theater of civil war, marked by religious incidents
+and political severities peculiar to that long-isolated Empire. The
+Executive has hitherto maintained strict neutrality among the
+belligerents, and acknowledges with pleasure that it has been frankly
+and fully sustained in that course by the enlightened concurrence and
+cooperation of the other treaty powers, namely, Great Britain, France,
+the Netherlands, North Germany, and Italy.
+
+Spain having recently undergone a revolution marked by extraordinary
+unanimity and preservation of order, the provisional government
+established at Madrid has been recognized, and the friendly intercourse
+which has so long happily existed between the two countries remains
+unchanged.
+
+I renew the recommendation contained in my communication to Congress
+dated the 18th July last--a copy of which accompanies this message--that
+the judgment of the people should be taken on the propriety of so
+amending the Federal Constitution that it shall provide--
+
+First. For an election of President and Vice-President by a direct vote
+of the people, instead of through the agency of electors, and making
+them ineligible for reelection to a second term.
+
+Second. For a distinct designation of the person who shall discharge
+the duties of President in the event of a vacancy in that office by the
+death, resignation, or removal of both the President and Vice-President.
+
+Third. For the election of Senators of the United States directly by
+the people of the several States, instead of by the legislatures; and
+
+Fourth. For the limitation to a period of years of the terms of Federal
+judges.
+
+Profoundly impressed with the propriety of making these important
+modifications in the Constitution, I respectfully submit them for
+the early and mature consideration of Congress. We should, as far
+as possible, remove all pretext for violations of the organic law,
+by remedying such imperfections as time and experience may develop,
+ever remembering that "the constitution which at any time exists until
+changed by an explicit and authentic act of the whole people is sacredly
+obligatory upon all."
+
+In the performance of a duty imposed upon me by the Constitution, I have
+thus communicated to Congress information of the state of the Union and
+recommended for their consideration such measures as have seemed to me
+necessary and expedient. If carried into effect, they will hasten the
+accomplishment of the great and beneficent purposes for which the
+Constitution was ordained, and which it comprehensively states were
+"to form a more perfect Union, establish justice, insure domestic
+tranquillity, provide for the common defense, promote the general
+welfare, and secure the blessings of liberty to ourselves and our
+posterity." In Congress are vested all legislative powers, and upon them
+devolves the responsibility as well for framing unwise and excessive
+laws as for neglecting to devise and adopt measures absolutely demanded
+by the wants of the country. Let us earnestly hope that before the
+expiration of our respective terms of service, now rapidly drawing
+to a close, an all-wise Providence will so guide our counsels as to
+strengthen and preserve the Federal Union, inspire reverence for the
+Constitution, restore prosperity and happiness to our whole people,
+and promote "on earth peace, good will toward men."
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+WASHINGTON, _December 8, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a note of the 24th of November last addressed to
+the Secretary of State by the minister of Great Britain, communicating
+a decree of the district court of the United States for the southern
+district of New York ordering the payment of certain sums to the
+defendants in a suit against the English schooner _Sibyl_, libeled as a
+prize of war. It is requisite for the fulfillment of the decree that an
+appropriation of the sums specified therein should be made by Congress.
+The appropriation is recommended accordingly.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 11, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to the resolution of the House of Representatives of the 7th
+instant, relating to the correspondence with the American minister at
+London concerning the so-called _Alabama_ claims, I transmit a report
+on the subject from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 14th
+December instant, I transmit the accompanying report[70] of the Secretary
+of State.
+
+ANDREW JOHNSON.
+
+[Footnote 70: Relating to the sending of a commissioner from the United
+States to Spain.]
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 14th
+instant, requesting the correspondence which has taken place between the
+United States minister at Brazil and Rear-Admiral Davis touching the
+disposition of the American squadron at Rio Janeiro and the Paraguay
+difficulties, I transmit a report of the Secretary of State upon that
+subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 8th instant, concerning
+recent transactions in the region of the La Plata affecting the
+political relations of the United States with Paraguay, the Argentine
+Republic, Uruguay, and Brazil, I transmit a report of the Secretary of
+State, which is accompanied by a copy of the papers called for by the
+resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 18, 1868_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report of the Secretary of the Interior, in
+answer to a resolution adopted by the House of Representatives on the
+16th instant, making inquiries in reference to the Union Pacific
+Railroad and requesting the transmission of the report of the special
+commissioners appointed to examine the construction and equipment of
+the road.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with the request contained
+in its resolution of the 15th ultimo, a report from the Secretary of
+State, communicating information in regard to the action of the mixed
+commission for the adjustment of claims by citizens of the United
+States against the Government of Venezuela.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives a report from the Secretary
+of State, with accompanying papers, in relation to the resolution of
+Congress approved July 20, 1867, "declaring sympathy with the suffering
+people of Crete."
+
+ANDREW JOHNSON.
+
+[The same message was sent to the Senate.]
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention of the 24th of
+October, 1867, between the United States and His Majesty the King of
+Denmark.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and His Hawaiian
+Majesty, signed in this city on the 28th day of July last, stipulating
+for an extension of the period for the exchange of the ratifications of
+the convention between the same parties on the subject of commercial
+reciprocity.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1869_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in answer to a resolution of the House of
+Representatives of the 16th of December last, a report[71] from the
+Secretary of State of the 6th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 71: Giving reasons why reductions in the number of officers
+and employees and in the salaries and expenses of the Department of
+State should not be made.]
+
+
+
+WASHINGTON, D.C., _January 8, 1869_.
+
+_To the Senate and House of Representatives_:
+
+In conformity with the requirements of the sixth section of the act of
+the 22d of June, 1860, to carry into effect provisions of the treaty
+with China and certain other Oriental nations, I transmit to Congress a
+copy of eight rules agreed upon between the Chinese Imperial Government
+and the minister of the United States and those of other foreign powers
+accredited to that Government, for conducting the proceedings of the
+joint tribunal in cases of confiscation and fines for breaches of the
+revenue laws of that Empire. These rules, which are accompanied by
+correspondence between our minister and Secretary of State on the
+subject, are commended to the consideration of Congress with a view
+to their approval.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 17th
+ultimo, a report[72] from the Secretary of State, with an accompanying
+paper.
+
+ANDREW JOHNSON.
+
+[Footnote 72: Relating to the exercise or claim by United States consuls
+in Japan of judicial powers in cases arising between American citizens
+and citizens or subjects of any foreign nation ether than Japan, etc.]
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and Belgium upon
+the subject of naturalization, which was signed at Brussels on the 16th
+of November last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and Belgium
+concerning the rights, privileges, and immunities of consuls in the
+two countries, signed at Brussels on the 5th ultimo.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article of the treaty of commerce and
+navigation between the United States and Belgium of the 17th of July,
+1858, which was signed at Brussels on the 20th ultimo.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 12, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of a convention between the United States and Peru,
+signed at Lima on the 4th of last month, stipulating for a mixed
+commission for the adjustment of claims of citizens of the two
+countries. An extract from that part of the dispatch of the minister of
+the United States at Lima which accompanied the copy referred to, and
+which relates to it, is also transmitted. It will be seen from this
+extract that it is desirable that the decision of the Senate upon
+the instrument should be given as early as may be convenient. It is
+consequently recommended for consideration with a view to ratification.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 13, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded at Washington, D.C., August 13, 1868, between the
+United States and the Nez Perce tribe of Indians, which treaty is
+supplemental to and amendatory of the treaty concluded with said tribe
+June 9, 1863. A communication from the Secretary of the Interior of the
+12th instant, inclosing a copy of a report of the Commissioner of Indian
+Affairs of the 11th instant, is also herewith transmitted.[73]
+
+ANDREW JOHNSON.
+
+[Footnote 73: Note by the Executive Clerk of the Senate.--"The
+communication from the Secretary of the Interior and this report of the
+Commissioner of Indian Affairs did not accompany the above communication
+from the president."]
+
+
+
+WASHINGTON, _January 14, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of War, together with
+the original papers accompanying the same, submitted in compliance
+with the resolution of the Senate of the 5th instant, requesting such
+information as is furnished by the files of the War Department in
+relation to the erection of fortifications at Lawrence, Kans., in 1864
+and 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit, for the opinion of the Senate as to the expediency of
+concluding a convention based thereupon, a protocol, signed at London on
+the 9th of October last, for regulating the citizenship of citizens of
+the United States who have emigrated or who may emigrate from the United
+States to the British dominions, and of British subjects who have
+emigrated or who may emigrate from the British dominions to the United
+States of America.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to its
+ratification, a copy of a treaty between the United States and Great
+Britain, signed yesterday at London, providing for the reference to an
+arbiter of the question of difference between the United States and
+Great Britain concerning the northwest line of water boundary between
+the United States and the British possessions in North America. It is
+expected that the original of the convention will be forwarded by the
+steamer which leaves Liverpool to-morrow. Circumstances, however, to
+which it is unnecessary to advert, in my judgment make it advisable to
+communicate to the Senate the copy referred to in advance of the arrival
+of the original instrument.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view of its
+ratification, a copy of a convention between the United States and
+Great Britain, signed yesterday at London, providing for the adjustment
+of all outstanding claims of the citizens and subjects of the parties,
+respectively. It is expected that the original of the convention
+will be forwarded by the steamer which leaves Liverpool to-morrow.
+Circumstances, however, to which it is unnecessary to advert, in my
+judgment make it advisable to communicate to the Senate the copy
+referred to in advance of the arrival of the original instrument.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 18, 1869_.
+
+_To the Senate of the United States_:
+
+The resolution adopted on the 5th instant, requesting the President "to
+transmit to the Senate a copy of any proclamation of amnesty made by him
+since the last adjournment of Congress, and also to communicate to the
+Senate by what authority of law the same was made," has been received.
+
+I accordingly transmit herewith a copy of a proclamation dated the 25th
+day of December last. The authority of law by which it was made is set
+forth in the proclamation itself, which expressly affirms that it was
+issued "by virtue of the power and authority in me vested by the
+Constitution, and in the name of the sovereign people of the United
+States," and proclaims and declares "unconditionally and without
+reservation, to all and to every person who, directly or indirectly,
+participated in the late insurrection or rebellion, a full pardon and
+amnesty for the offense of treason against the United States, or of
+adhering to their enemies during the late civil war, with restoration of
+all rights, privileges, and immunities under the Constitution and the
+laws which have been made in pursuance thereof."
+
+The Federal Constitution is understood to be and is regarded by the
+Executive as the supreme law of the land. The second section of article
+second of that instrument provides that the President "shall have power
+to grant reprieves and pardons for offenses against the United States,
+except in cases of impeachment." The proclamation of the 25th ultimo is
+in strict accordance with the judicial expositions of the authority thus
+conferred upon the Executive, and, as will be seen by reference to the
+accompanying papers, is in conformity with the precedent established by
+Washington in 1795, and followed by President Adams in 1800, Madison in
+1815, and Lincoln in 1863, and by the present Executive in 1865, 1867,
+and 1868.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 20, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of War, made in
+compliance with the resolution of the Senate of the 19th ultimo,
+requesting information in reference to the payment of rent for the use
+of the building known as the Libby Prison, in the city of Richmond, Va.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 22, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention between the United
+States and His Majesty the King of Italy for regulating the jurisdiction
+of consuls.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 22, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention between the United
+States and His Majesty the King of Italy for the mutual extradition of
+criminals fugitives from justice.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 23, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of
+that body, a treaty concluded at the council house on the Cattaraugus
+Reservation, in Erie County, N.Y., on the 4th day of December, 1868,
+by Walter R. Irwin, commissioner on the part of the United States, and
+the duly authorized representatives of the several tribes and bands of
+Indians residing in the State of New York, A copy of a letter from the
+Secretary of the Interior, dated the 22d instant, and the papers therein
+referred to, in relation to the treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit for the consideration of Congress, in conformity with the
+requirements of the sixth section of the act of the 22d of June, 1860,
+a copy of certain regulations for the consular courts in China,
+prohibiting steamers sailing under the flag of the United States from
+using or passing through the Straw Shoe Channel on the river Yangtse,
+decreed by S. Wells Williams, chargé d'affaires, on the 1st of June, and
+promulgated by George F. Seward, consul-general at Shanghai, on the 25th
+of July, 1868, with the assent of five of the United States consuls in
+China, G.H. Colton Salter dissenting. His objections to the regulations
+are set forth in the accompanying copy of a communication of the 10th of
+October last, inclosed in Consul-General Seward's dispatch of the 14th
+of the game month to the Secretary of State, a copy of which is also
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 26, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with
+accompanying documents, in relation to the gold medal presented to Mr.
+George Peabody pursuant to the resolution of Congress of March 16, 1867.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1860_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 23d instant, the accompanying report[74] from
+the Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 74: Relating to buildings occupied in Washington by
+Departments of the Government.]
+
+
+
+WASHINGTON, _January 27, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication from the Secretary of War, upon the
+subject of the resolution of the Senate of the 21st instant, requesting
+a copy of the report of Brevet Major-General William S. Harney upon the
+Sioux and other Indians congregated under treaties made with them by the
+special peace commission.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1869_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives, in answer to a resolution
+of the House of Representatives without date, received at the Executive
+Mansion on the 10th of December, calling for correspondence in relation
+to the cases of Messrs. Costello and Warren, naturalized citizens of the
+United States imprisoned in Great Britain, a report from the Secretary
+of State and the papers to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 29, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its consideration in connection
+with the treaty with the New York Indians concluded November 4, 1868,
+which is now before that body for its constitutional action, an
+additional article of said treaty as an amendment.
+
+A communication, dated the 28th instant, from the Secretary of the
+Interior, and a copy of a report of the Commissioner of Indian Affairs,
+explaining the object of the amendment, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1869_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 16th
+of December last, in relation to the arrest of American citizens in
+Paraguay, I transmit a report of the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1869_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of the 8th of December
+last, concerning recent transactions in the region of the La Plata
+affecting the political relations of the United States with Paraguay,
+the Argentine Republic, Uruguay, and Brazil, I transmit a report from
+the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 2, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+two treaties made by the commissioners appointed under the act of
+Congress of 20th July, 1867, to establish peace with certain hostile
+tribes, viz:
+
+A treaty concluded at Fort Laramie, Dakota Territory, on the 2Qth April,
+1868, with various bands of the Sioux or Dakota Nation of Indians.
+
+A treaty concluded at Fort Bridger, Utah Territory, on the 3d day of
+July, 1868, with the Shoshone (eastern band) and Bannock Indians.
+
+A communication from the Secretary of the Interior, dated the 2d
+instant, inclosing a copy of a letter to him from the Commissioner of
+Indian Affairs of the 28th ultimo, together with the correspondence
+therein referred to, relating to said treaties, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for the consideration of Congress, a report from the
+Secretary of State, and the papers which accompany it, in relation to
+the encroachments of agents of the Hudsons Bay Company upon the trade
+and territory of Alaska.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 4, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of that
+body thereon, the following treaties, concluded with various bands and
+tribes of Indians by William I. Cullen, special agent for Indians in
+Montana, viz:
+
+Treaty concluded at Fort Hawley on the 13th July, 1868, with the Gros
+Ventres.
+
+Treaty concluded at Fort Hawley on the 15th July, 1868, with the River
+Crow Indians.
+
+Treaty concluded at Fort Benton September 1, 1868, with the Blackfeet
+Nation (composed of the tribe of that name and the Blood and Piegan
+tribes).
+
+Treaty with the mixed bands of Shoshones, Bannocks, and Sheepeaters,
+concluded at Virginia City September 24, 1868.
+
+A letter of the Secretary of the Interior, dated the 3d instant, and
+the report of the Commissioner of Indian Affairs, dated the 2d instant,
+explaining the provisions of the several treaties and suggesting an
+amendment of some of them, and submitting maps and papers connected with
+said treaties, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1869_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 23d
+January ultimo, I transmit a report[75] of the Secretary of State, which is
+accompanied by a copy of the correspondence called for by the resolution.
+
+ANDREW JOHNSON.
+
+[Footnote 75: Relating to the claim of William T. Harris, a United
+States citizen, to property withheld by the Brazilian Government.]
+
+
+
+WASHINGTON, _February 8, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to my communications of the 16th of December, 1868, and of
+the 1st of February instant, addressed to the Senate in answer to the
+resolution of that body of the 8th of December last, concerning recent
+transactions in the region of the La Plata, I transmit a report of the
+Secretary of State and the papers which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1869_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 13th
+ultimo, requesting information as to expenditures by the northwestern
+boundary commission, I transmit a report from the Secretary of State on
+the subject, and the papers which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 9, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of that
+body thereon, a treaty concluded on the 2d day of September, 1868,
+between the United States and the Creek Nation of Indians by their duly
+authorized delegates.
+
+A letter from the Secretary of the Interior, dated the 8th instant, and
+a report of the Commissioner of Indian Affairs, dated the 6th instant,
+in relation to said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 21st
+ultimo, a report from the Secretary of State, with accompanying papers,
+in relation to the establishment of the Robert College at
+Constantinople.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 13, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for their action thereon, a mutual
+relinquishment of the agreement between the Ottawa and Chippewa Indians
+of Kansas, which agreement is appended to a treaty now before the Senate
+between the United States and the Swan Creek and Black River Chippewas
+and the Munsee or Christian Indians, concluded on the 1st of June, 1868.
+
+A letter of the Secretary of the Interior of the 11th instant, together
+with the papers therein referred to, is also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a convention between the United States of America arid the
+United States of Colombia for facilitating and securing the construction
+of a ship canal between the Atlantic and Pacific oceans through the
+continental isthmus lying without the jurisdiction of the United States
+of Colombia, which instrument was signed at Bogota on the 14th instant.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 11th instant, in the city of Washington,
+between the United States and the Sac and Fox Indians of the Missouri
+and the Iowa tribe of Indians. A letter of the Secretary of the Interior
+of the 16th instant, together with the letters therein referred to,
+accompany the treaty. For reasons stated in the accompanying
+communications, I request to withdraw from the Senate a treaty with the
+Sac and Fox Indians of the Missouri, concluded February 19, 1867, now
+pending before that body.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 17, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with
+accompanying documents, in relation to the gold medal presented to Mr.
+Cyrus W. Field pursuant to the resolution of Congress of March 2, 1867.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith present, for the consideration of the Senate in connection
+with the treaty with the Brule and other bands of Sioux Indians now
+pending before that body, a communication from the Secretary of the
+Interior, dated the 16th instant, and accompanying letters from the
+Commissioner of Indian Affairs and P. H. Conger, United States Indian
+agent for the Yankton Sioux, requesting that the benefits of said treaty
+may be extended to the Yankton Sioux and all the bands and individuals
+of the Dakota Sioux.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 19th
+ultimo, relating to fisheries, a report from the Secretary of State and
+the documents which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 18, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action, a treaty
+concluded on the 13th instant between the United States and the Otoe and
+Missouria tribe of Indians, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 19, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence which has taken place
+between the Secretary of State and the minister of the United States at
+Paris, in relation to the use of passports by citizens of the United
+States in France.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1869_.
+
+_To the House of Representatives_:
+
+I transmit an additional report from the Secretary of State,
+representing that Messrs. Costello and Warren, citizens of the United
+States imprisoned in Ireland, have been released.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 23, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of the Treasury, on
+the subject of the resolution of the Senate of the 13th January last,
+requesting "that the President direct the Secretary of the Treasury to
+detail an officer to select from the public lands such permanent points
+upon the coast of Oregon, Washington Territory, and Alaska as in his
+judgment may be necessary for light-house purposes, in view of the
+future commercial necessity of the Pacific Coast, and to reserve the
+same for exclusive use of the United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 23, 1869_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my communication to Congress of the 26th ultimo, concerning
+a decree made by the United States chargé d'affaires in China, on 1st
+of June last, prohibiting steamers sailing under the flag of the United
+States from using or passing through the Straw Shoe Channel on the
+Yangtse River, I now transmit a copy of a dispatch of the 22d of August
+last, No. 25, from S. Wells Williams, esq., and of such of the papers
+accompanying it as were not contained in my former communication. I also
+transmit a copy of the reply of the 6th instant made by the Secretary of
+State to the above-named dispatch.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 24, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a convention between the United States
+and the Mexican Republic, providing for the adjustment of the claims of
+citizens of either country against the other, signed on the 4th day of
+July last, and the ratifications of which were exchanged on the 1st
+instant.
+
+It is recommended that such legislation as may be necessary to carry
+this convention into effect shall receive early consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 1, 1869_.
+
+_To the Senate of the United States_:
+
+In compliance with the request of the Senate of the 27th ultimo,
+I return herewith their resolution of the 26th February, calling for a
+statement of internal-revenue stamps issued by the Government since the
+passage of the act approved July 1, 1862.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, D.C., _February 13, 1869_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act transferring the duties of trustees of colored
+schools of Washington and Georgetown" is herewith returned to the
+Senate, in which House it originated, without my approval.
+
+The accompanying paper exhibits the fact that the legislation which the
+bill proposes is contrary to the wishes of the colored residents of
+Washington and Georgetown, and that they prefer that the schools for
+their children should be under the management of trustees selected by
+the Secretary of the Interior, whose term of office is for four years,
+rather than subject to the control of bodies whose tenure of office,
+depending merely upon political considerations, may be annually affected
+by the elections which take place in the two cities.
+
+The colored people of Washington and Georgetown are at present not
+represented by a person of their own race in either of the boards of
+trustees of public schools appointed by the municipal authorities.
+Of the three trustees, however, who, under the act of July 11, 1862,
+compose the board of trustees of the schools for colored children, two
+are persons of color. The resolutions transmitted herewith show that
+they have performed their trust in a manner entirely satisfactory to
+the colored people of the two cities, and no good reason is known to
+the Executive why the duties which now devolve upon them should be
+transferred as proposed in the bill.
+
+With these brief suggestions the bill is respectfully returned, and the
+consideration of Congress invited to the accompanying preamble and
+resolutions.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 22, 1869_.
+
+_To the House of Representatives_:
+
+The accompanying bill, entitled "An act regulating the duties on
+imported copper and copper ores," is, for the following reasons,
+returned, without my approval, to the House of Representatives, in which
+branch of Congress it originated.
+
+Its immediate effect will be to diminish the public receipts, for the
+object of the bill can not be accomplished without seriously affecting
+the importation of copper and copper ores, from which a considerable
+revenue is at present derived. While thus impairing the resources of the
+Government, it imposes an additional tax upon an already overburdened
+people, who should not be further impoverished that monopolies may be
+fostered and corporations enriched.
+
+It is represented--and the declaration seems to be sustained by
+evidence--that the duties for which this bill provides are nearly or
+quite sufficient to prohibit the importation of certain foreign ores of
+copper. Its enactment, therefore, will prove detrimental to the shipping
+interests of the nation, and at the same time destroy the business, for
+many years successfully established, of smelting home ores in connection
+with a smaller amount of the imported articles. This business, it is
+credibly asserted, has heretofore yielded the larger share of the copper
+production of the country, and thus the industry which this legislation
+is designed to encourage is actually less than that which will be
+destroyed by the passage of this bill.
+
+It seems also to be evident that the effect of this measure will be to
+enhance by 70 per cent the cost of blue vitriol--an article extensively
+used in dyeing and in the manufacture of printed and colored cloths. To
+produce such an augmentation in the price of this commodity will be to
+discriminate against other great branches of domestic industry, and by
+increasing their cost to expose them most unfairly to the effects of
+foreign competition. Legislation can neither be wise nor just which
+seeks the welfare of a single interest at the expense and to the injury
+of many and varied interests at least equally important and equally
+deserving the consideration of Congress. Indeed, it is difficult to find
+any reason which will justify the interference of Government with any
+legitimate industry, except so far as may be rendered necessary by the
+requirements of the revenue. As has already been stated, however, the
+legislative intervention proposed in the present instance will diminish,
+not increase, the public receipts.
+
+The enactment of such a law is urged as necessary for the relief of
+certain mining interests upon Lake Superior, which, it is alleged,
+are in a greatly depressed condition, and can only be sustained by an
+enhancement of the price of copper. If this result should follow the
+passage of the bill, a tax for the exclusive benefit of a single class
+would be imposed upon the consumers of copper throughout the entire
+country, not warranted by any need of the Government, and the avails of
+which would not in any degree find their way into the Treasury of the
+nation. If the miners of Lake Superior are in a condition of want, it
+can not be justly affirmed that the Government should extend charity to
+them in preference to those of its citizens who in other portions of the
+country suffer in like manner from destitution. Least of all should the
+endeavor to aid them be based upon a method so uncertain and indirect as
+that contemplated by the bill, and which, moreover, proposes to continue
+the exercise of its benefaction through an indefinite period of years.
+It is, besides, reasonable to hope that positive suffering from want,
+if it really exists, will prove but temporary in a region where
+agricultural labor is so much in demand and so well compensated. A
+careful examination of the subject appears to show that the present
+low price of copper, which alone has induced any depression the mining
+interests of Lake Superior may have recently experienced, is due to
+causes which it is wholly impolitic, if not impracticable, to contravene
+by legislation. These causes are, in the main, an increase in the
+general supply of copper, owing to the discovery and working of
+remarkably productive mines and to a coincident restriction in the
+consumption and use of copper by the substitution of other and cheaper
+metals for industrial purposes. It is now sought to resist by artificial
+means the action of natural laws; to place the people of the United
+States, in respect to the enjoyment and use of an essential commodity,
+upon a different basis from other nations, and especially to compensate
+certain private and sectional interests for the changes and losses which
+are always incident to industrial progress.
+
+Although providing for an increase of duties, the proposed law does not
+even come within the range of protection, in the fair acceptation of the
+term. It does not look to the fostering of a young and feeble interest
+with a view to the ultimate attainment of strength and the capacity
+of self-support. It appears to assume that the present inability for
+successful production is inherent and permanent, and is more likely
+to increase than to be gradually overcome; yet in spite of this it
+proposes, by the exercise of the lawmaking power, to sustain that
+interest and to impose it in hopeless perpetuity as a tax upon the
+competent and beneficent industries of the country.
+
+The true method for the mining interests of Lake Superior to
+obtain relief, if relief is needed, is to endeavor to make their great
+natural resources fully available by reducing the cost of production.
+Special or class legislation can not remedy the evils which this bill
+is designed to meet. They can only be overcome by laws which will effect
+a wise, honest, and economical administration of the Government, a
+reestablishment of the specie standard of value, and an early adjustment
+of our system of State, municipal, and national taxation (especially the
+latter) upon the fundamental principle that all taxes, whether collected
+under the internal revenue or under a tariff, shall interfere as little
+as possible with the productive energies of the people.
+
+The bill is therefore returned, in the belief that the true interests
+of the Government and of the people require that it should not become
+a law.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATION.
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States has heretofore set forth
+several proclamations offering amnesty and pardon to persons who
+had been or were concerned in the late rebellion against the lawful
+authority of the Government of the United States, which proclamations
+were severally issued on the 8th day of December, 1863, on the 26th
+day of March, 1864, on the 29th day of May, 1865, on the 7th day of
+September, 1867, and on the 4th day of July, in the present year; and
+
+Whereas the authority of the Federal Government having been
+reestablished in all the States and Territories within the jurisdiction
+of the United States, it is believed that such prudential reservations
+and exceptions as at the dates of said several proclamations were deemed
+necessary and proper may now be wisely and justly relinquished, and that
+an universal amnesty and pardon for participation in said rebellion
+extended to all who have borne any part therein will tend to secure
+permanent peace, order, and prosperity throughout the land, and to renew
+and fully restore confidence and fraternal feeling among the whole
+people, and their respect for and attachment to the National Government,
+designed by its patriotic founders for the general good:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, by virtue of the power and authority in me vested by the
+Constitution and in the name of the sovereign people of the United
+States, do hereby proclaim and declare, unconditionally and without
+reservation, to all and to every person who, directly or indirectly,
+participated in the late insurrection or rebellion a full pardon and
+amnesty for the offense of treason against the United States or of
+adhering to their enemies during the late civil war, with restoration
+of all rights, privileges, and immunities under the Constitution and
+the laws which have been made in pursuance thereof.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 25th day of December, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+
+IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+
+
+On the 24th of February, 1868, the House of Representatives of the
+Congress of the United States resolved to impeach Andrew Johnson,
+President of the United States, of high crimes and misdemeanors, of
+which the Senate was apprised, and arrangements were made for the trial.
+On the 2d and 3d of March articles of impeachment were agreed upon by
+the House of Representatives, and on the 4th they were presented to the
+Senate by the managers on the part of the House, Mr. John A. Bingham,
+Mr. George S. Boutwell, Mr. James F. Wilson, Mr. Benjamin F. Butler, Mr.
+Thomas Williams, Mr. John A. Logan, and Mr. Thaddeus Stevens, who were
+accompanied by the House as a Committee of the Whole. The articles are
+as follows:
+
+
+IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, _March 2, 1868_.
+
+ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
+IN THE NAME OF THEMSELVES AND ALL THE PEOPLE OF THE UNITED STATES,
+AGAINST ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, IN MAINTENANCE
+AND SUPPORT OF THEIR IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND
+MISDEMEANORS IN OFFICE.
+
+
+ARTICLE I. That said Andrew Johnson, President of the United States,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, unmindful of the high duties of his office, of his oath
+of office, and of the requirement of the Constitution that he should
+take care that the laws be faithfully executed, did unlawfully and in
+violation of the Constitution and laws of the United States issue an
+order in writing for the removal of Edwin M. Stanton from the office
+of Secretary for the Department of War, said Edwin M. Stanton having
+been theretofore duly appointed and commissioned, by and with the advice
+and consent of the Senate of the United States, as such Secretary;
+and said Andrew Johnson, President of the United States, on the 12th
+day of August, A.D. 1867, and during the recess of said Senate, having
+suspended by his order Edwin M. Stanton from said office, and within
+twenty days after the first day of the next meeting of said Senate--that
+is to say, on the 12th day of December, in the year last aforesaid--having
+reported to said Senate such suspension, with the evidence and reasons
+for his action in the case and the name of the person designated to
+perform the duties of such office temporarily until the next meeting of
+the Senate; and said Senate thereafterwards, on the 13th day of January,
+A.D. 1868, having duly considered the evidence and reasons reported by
+said Andrew Johnson for said suspension, and having refused to concur
+in said suspension, whereby and by force of the provisions of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, said Edwin M. Stanton did forthwith resume the functions
+of his office, whereof the said Andrew Johnson had then and there due
+notice; and said Edwin M. Stanton, by reason of the premises, on said
+21st day of February, being lawfully entitled to hold said office of
+Secretary for the Department of War; which said order for the removal
+of said Edwin M. Stanton is in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Hon. EDWIN M. STANTON,
+
+ _Washington, D.C._
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby removed
+ from office as Secretary for the Department of War, and your functions
+ as such will terminate upon the receipt of this communication.
+
+ You will transfer to Brevet Major-General Lorenzo Thomas,
+ Adjutant-General of the Army, who has this day been authorized and
+ empowered to act as Secretary of War _ad interim_, all records, books,
+ papers, and other public property now in your custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+which order was unlawfully issued with intent then and there to violate
+the act entitled "An act regulating the tenure of certain civil
+offices," passed March 2, 1867, and with the further intent, contrary,
+to the provisions of said act, in violation thereof, and contrary to the
+provisions of the Constitution of the United States, and without the
+advice and consent of the Senate of the United States, the said Senate
+then and there being in session, to remove said Edwin M. Stanton from
+the office of Secretary for the Department of War, the said Edwin M.
+Stanton being then and there Secretary for the Department of War, and
+being then and there in the due and lawful execution and discharge of
+the duties of said office; whereby said Andrew Johnson, President of
+the United States, did then and there commit and was guilty of a high
+misdemeanor in office.
+
+ART. II. That on said 21st day of February, A.D. 1868, at Washington, in
+the District of Columbia, said Andrew Johnson, President of the United
+States, unmindful of the high duties of his office, of his oath of
+office, and in violation of the Constitution of the United States, and
+contrary to the provisions of an act entitled "An act regulating the
+tenure of certain civil offices," passed March 2, 1867, without the
+advice and consent of the Senate of the United States, said Senate then
+and there being in session, and without authority of law, did, with
+intent to violate the Constitution of the United States and the act
+aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority
+in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+then and there being no vacancy in said office of Secretary for the
+Department of War; whereby said Andrew Johnson, President of the United
+States, did then and there commit and was guilty of a high misdemeanor
+in office.
+
+ART. III. That said Andrew Johnson, President of the United States, on
+the 21st day of February, A.D. 1868, at Washington, in the District of
+Columbia, did commit and was guilty of a high misdemeanor in office in
+this, that without authority of law, while the Senate of the United
+States was then and there in session, he did appoint one Lorenzo Thomas
+to be Secretary for the Department of War _ad interim_, without the
+advice and consent of the Senate, and with intent to violate the
+Constitution of the United States, no vacancy having happened in said
+office of Secretary for the Department of War during the recess of the
+Senate, and no vacancy existing in said office at the time, and which
+said appointment, so made by said Andrew Johnson, of said Lorenzo
+Thomas, is in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+ART. IV. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and his oath of office, in
+violation of the Constitution and laws of the United States, on the 21st
+day of February, A.D. 1868, at Washington, in the District of Columbia,
+did unlawfully conspire with one Lorenzo Thomas, and with other persons
+to the House of Representatives unknown, with intent, by intimidation
+and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and
+there the Secretary for the Department of War, duly appointed under the
+laws of the United States, from holding said office of Secretary for the
+Department of War, contrary to and in violation of the Constitution of
+the United States and of the provisions of an act entitled "An act to
+define and punish certain conspiracies," approved July 31, 1861; whereby
+said Andrew Johnson, President of the United States, did then and there
+commit and was guilty of a high crime in office.
+
+ART. V. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+on the 21st day of February, A.D. 1868, and on divers other days and
+times in said year before the 2d day of March, A.D. 1868, at Washington,
+in the District of Columbia, did unlawfully conspire with one Lorenzo
+Thomas, and with other persons to the House of Representatives unknown,
+to prevent and hinder the execution of an act entitled "An act
+regulating the tenure of certain civil offices," passed March 2, 1867,
+and in pursuance of said conspiracy did unlawfully attempt to prevent
+Edwin M. Stanton, then and there being Secretary for the Department
+of War, duly appointed and commissioned under the laws of the United
+States, from holding said office; whereby the said Andrew Johnson,
+President of the United States, did then and there commit and was guilty
+of a high misdemeanor in office.
+
+ART. VI. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, did unlawfully conspire with one Lorenzo Thomas by force
+to seize, take, and possess the property of the United States in the
+Department of War, and then and there in the custody and charge of Edwin
+M. Stanton, Secretary for said Department, contrary to the provisions
+of an act entitled "An act to define and punish certain conspiracies,"
+approved July 31, 1861, and with intent to violate and disregard an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867; whereby said Andrew Johnson, President of the United
+States, did then and there commit a high crime in office.
+
+ART. VII. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office, on
+the 21st day of February, A.D. 1868, at Washington, in the District of
+Columbia, did unlawfully conspire with one Lorenzo Thomas with intent
+unlawfully to seize, take, and possess the property of the United States
+in the Department of War, in the custody and charge of Edwin M. Stanton,
+Secretary for said Department, with intent to violate and disregard the
+act entitled "An act regulating the tenure of certain civil offices,"
+passed March 2, 1867; whereby said Andrew Johnson, President of the
+United States, did then and there commit a high misdemeanor in office.
+
+ART. VIII. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+with intent unlawfully to control the disbursement of the moneys
+appropriated for the military service and for the Department of War,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, did unlawfully, and contrary to the provisions of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, and in violation of the Constitution of the United
+States, and without the advice and consent of the Senate of the United
+States, and while the Senate was then and there in session, there being
+no vacancy in the office of Secretary for the Department of War, and
+with intent to violate and disregard the act aforesaid, then and there
+issue and deliver to one Lorenzo Thomas a letter of authority, in
+writing, in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+whereby said Andrew Johnson, President of the United States, did then
+and there commit and was guilty of a high misdemeanor in office.
+
+ART. IX. That said Andrew Johnson, President of the United States, on
+the 22d day of February, A.D. 1868, at Washington, in the District of
+Columbia, in disregard of the Constitution and the laws of the United
+States duly enacted, as Commander in Chief of the Army of the United
+States, did bring before himself then and there William H. Emory, a
+major-general by brevet in the Army of the United States, actually in
+command of the Department of Washington and the military forces thereof,
+and did then and there, as such Commander in Chief, declare to and
+instruct said Emory that part of a law of the United States, passed
+March 2, 1867, entitled "An act making appropriations for the support
+of the Army for the year ending June 30, 1868, and for other purposes,"
+especially the second section thereof, which provides, among other
+things, that "all orders and instructions relating to military
+operations issued by the President or Secretary of War shall be issued
+through the General of the Army, and in case of his inability through
+the next in rank," was unconstitutional and in contravention of the
+commission of said Emory, and which said provision of law had been
+theretofore duly and legally promulgated by general order for the
+government and direction of the Army of the United States, as the said
+Andrew Johnson then and there well knew, with intent thereby to induce
+said Emory, in his official capacity as commander of the Department of
+Washington, to violate the provisions of said act and to take and
+receive, act upon, and obey such orders as he, the said Andrew Johnson,
+might make and give, and which should not be issued through the General
+of the Army of the United States, according to the provisions of said
+act, and with the further intent thereby to enable him, the said Andrew
+Johnson, to prevent the execution of the act entitled "An act regulating
+the tenure of certain civil offices," passed March 2, 1867, and to
+unlawfully prevent Edwin M. Stanton, then being Secretary for the
+Department of War, from holding said office and discharging the duties
+thereof; whereby said "Andrew Johnson, President of the United States"
+did then and there commit and was guilty of a high misdemeanor in
+office.
+
+And the House of Representatives, by protestation, saving to themselves
+the liberty of exhibiting at any time hereafter any further articles
+or other accusation or impeachment against the said Andrew Johnson,
+President of the United States, and also of replying to his answers
+which he shall make unto the articles herein preferred against him, and
+of offering proof to the same, and every part thereof, and to all and
+every other article, accusation, or impeachment which shall be exhibited
+by them, as the case shall require, _do demand_ that the said Andrew
+Johnson may be put to answer the high crimes and misdemeanors in office
+herein charged against him, and that such proceedings, examinations,
+trials, and judgments may be thereupon had and given as may be agreeable
+to law and justice.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+Attest:
+
+EDWARD McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+
+IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, _March 3, 1868_.
+
+The following additional articles of impeachment were agreed to, viz:
+
+ART. X. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and the dignity and
+proprieties thereof, and of the harmony and courtesies which ought to
+exist and be maintained between the executive and legislative branches
+of the Government of the United States, designing and intending to
+set aside the rightful authority and powers of Congress, did attempt
+to bring into disgrace, ridicule, hatred, contempt, and reproach the
+Congress of the United States and the several branches thereof, to
+impair and destroy the regard and respect of all the good people of
+the United States for the Congress and legislative power thereof (which
+all officers of the Government ought inviolably to preserve and
+maintain), and to excite the odium and resentment of all the good
+people of the United States against Congress and the laws by it duly and
+constitutionally enacted; and, in pursuance of his design and intent,
+openly and publicly, and before divers assemblages of the citizens of
+the United States, convened in divers parts thereof to meet and receive
+said Andrew Johnson as the Chief Magistrate of the United States, did,
+on the 18th day of August, A.D. 1866, and on divers other days and
+times, as well before as afterwards, make and deliver with a loud voice
+certain intemperate, inflammatory, and scandalous harangues, and did
+therein utter loud threats and bitter menaces, as well against Congress
+as the laws of the United States, duly enacted thereby, amid the cries,
+jeers, and laughter of the multitudes then assembled and in hearing,
+which are set forth in the several specifications hereinafter written
+in substance and effect; that is to say:
+
+_Specification first_.--In this, that at Washington, in the District of
+Columbia, in the Executive Mansion, to a committee of citizens who
+called upon the President of the United States, speaking of and
+concerning the Congress of the United States, said Andrew Johnson,
+President of the United States, heretofore, to wit, on the 18th day of
+August, A.D. 1866, did in a loud voice declare in substance and effect,
+among other things; that is to say:
+
+ So far as the executive department of the Government is concerned, the
+ effort has been made to restore the Union, to heal the breach, to pour
+ oil into the wounds which were consequent upon the struggle, and (to
+ speak in common phrase) to prepare, as the learned and wise physician
+ would, a plaster healing in character and coextensive with the wound.
+ We thought and we think that we had partially succeeded; but as the work
+ progresses, as reconstruction seemed to be taking place and the country
+ was becoming reunited, we found a disturbing and marring element
+ opposing us. In alluding to that element I shall go no further than your
+ convention and the distinguished gentleman who has delivered to me the
+ report of its proceedings. I shall make no reference to it that I do not
+ believe the time and the occasion justify.
+
+ We have witnessed in one department of the Government every endeavor
+ to prevent the restoration of peace, harmony, and union. We have seen
+ hanging upon the verge of the Government, as it were, a body called, or
+ which assumes to be, the Congress of the United States, while in fact it
+ is a Congress of only a part of the States. We have seen this Congress
+ pretend to be for the Union, when its every step and act tended to
+ perpetuate disunion and make a disruption of the States inevitable.
+ * * * We have seen Congress gradually encroach, step by step, upon
+ constitutional rights, and violate, day after day and month after month,
+ fundamental principles of the Government. We have seen a Congress that
+ seemed to forget that there was a limit to the sphere and scope of
+ legislation. We have seen a Congress in a minority assume to exercise
+ power which, allowed to be consummated, would result in despotism or
+ monarchy itself.
+
+_Specification second_.--In this, that at Cleveland, in the State
+of Ohio, heretofore, to wit, on the 3d day of September, A.D. 1866,
+before a public assemblage of citizens and others, said Andrew Johnson,
+President of the United States, speaking of and concerning the Congress
+of the United States, did in a loud voice declare in substance and
+effect, among other things; that is to say:
+
+ I will tell you what I did do. I called upon your Congress that is
+ trying to break up the Government.
+
+ In conclusion, besides that, Congress had taken much pains to poison
+ their constituents against him. But what had Congress done? Have they
+ done anything to restore the Union of these States? No. On the contrary,
+ they have done everything to prevent it. And because he stood now where
+ he did when the rebellion commenced, he had been denounced as a traitor.
+ Who had run greater risks or made greater sacrifices than himself? But
+ Congress, factious and domineering, had undertaken to poison the minds
+ of the American people.
+
+_Specification third_.--In this, that at St. Louis, in the State of
+Missouri, heretofore, to wit, on the 8th day of September, A.D. 1866,
+before a public assemblage of citizens and others, said Andrew Johnson,
+President of the United States, speaking of and concerning the Congress
+of the United States, did in a loud voice declare in substance and
+effect, among other things; that is to say:
+
+ Go on. Perhaps if you had a word or two on the subject of New Orleans
+ you might understand more about it than you do. And if you will go
+ back--if you will go back and ascertain the cause of the riot at New
+ Orleans, perhaps you will not be so prompt in calling out "New Orleans."
+ If you will take up the riot at New Orleans and trace it back to its
+ source or its immediate cause, you will find out who was responsible
+ for the blood that was shed there. If you will take up the riot at New
+ Orleans and trace it back to the Radical Congress, you will find that
+ the riot at New Orleans was substantially planned. If you will take up
+ the proceedings in their caucuses, you will understand that they there
+ knew that a convention was to be called which was extinct by its power
+ having expired; that it was said that the intention was that a new
+ government was to be organized, and on the organization of that
+ government the intention was to enfranchise one portion of the
+ population, called the colored population, who had just been
+ emancipated, and at the same time disfranchise white men. When you
+ design to talk about New Orleans, you ought to understand what you are
+ talking about. When you read the speeches that were made and take up
+ the facts on the Friday and Saturday before that convention sat, you
+ will there find that speeches were made, incendiary in their character,
+ exciting that portion of the population--the black population--to arm
+ themselves and prepare for the shedding of blood. You will also find
+ that that convention did assemble, in violation of law, and the
+ intention of that convention was to supersede the reorganized
+ authorities in the State government of Louisiana, which had been
+ recognized by the Government of the United States; and every man engaged
+ in that rebellion in that convention, with the intention of superseding
+ and upturning the civil government which had been recognized by the
+ Government of the United States, I say that he was a traitor to the
+ Constitution of the United States; and hence you find that another
+ rebellion was commenced, _having its origin in the Radical Congress_.
+
+ * * * * *
+
+ So much for the New Orleans riot. And there was the cause and the origin
+ of the blood that was shed; and every drop of blood that was shed is
+ upon their skirts, and they are responsible for it. I could test this
+ thing a little closer, but will not do it here to-night. But when you
+ talk about the causes and consequences that resulted from proceedings
+ of that kind, perhaps, as I have been introduced here, and you have
+ provoked questions of this kind--though it does not provoke me--I will
+ tell you a few wholesome things that have been done by this Radical
+ Congress in connection with New Orleans and the extension of the
+ elective franchise.
+
+ I know that I have been traduced and abused. I know it has come in
+ advance of me, here as elsewhere, that I have attempted to exercise an
+ arbitrary power in resisting laws that were intended to be forced upon
+ the Government; that I had exercised that power; that I had abandoned
+ the party that elected me, and that I was a traitor, because I exercised
+ the veto power in attempting and did arrest for a time a bill that was
+ called a "Freedmen's Bureau" bill; yes, that I was a traitor. And I have
+ been traduced, I have been slandered, I have been maligned, I have been
+ called Judas Iscariot and all that. Now, my countrymen, here to-night,
+ it is very easy to indulge in epithets; it is easy to call a man a Judas
+ and cry out "traitor;" but when he is called upon to give arguments and
+ facts he is very often found wanting. Judas Iscariot--Judas. There was
+ a Judas, and he was one of the twelve apostles. Oh, yes; the twelve
+ apostles had a Christ. The twelve apostles had a Christ, and he never
+ could have had a Judas unless he had had twelve apostles. If I have
+ played the Judas, who has been my Christ that I have played the Judas
+ with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles
+ Sumner? These are the men that stop and compare themselves with the
+ Savior, and everybody that differs with them in opinion, and to try
+ to stay and arrest their diabolical and nefarious policy, is to be
+ denounced as a Judas.
+
+ * * * * *
+
+ Well, let me say to you, if you will stand by me in this action, if you
+ will stand by me in trying to give the people a fair chance--soldiers
+ and citizens--to participate in these offices, God being willing I will
+ kick them out. I will kick them out just as fast as I can.
+
+ Let me say to you in concluding that what I have said I intended to say.
+ I was not provoked into this, and I care not for their menaces, the
+ taunts and the jeers. I care not for threats. I do not intend to be
+ bullied by my enemies nor overawed by my friends. But, God willing, with
+ your help I will veto their measures whenever any of them come to me.
+
+
+which said utterances, declarations, threats, and harangues, highly
+censurable in any, are peculiarly indecent and unbecoming in the Chief
+Magistrate of the United States, by means whereof said Andrew Johnson
+has brought the high office of the President of the United States into
+contempt, ridicule, and disgrace, to the great scandal of all good
+citizens; whereby said Andrew Johnson, President of the United States,
+did commit and was then and there guilty of a high misdemeanor in
+office.
+
+ART. XI. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+and in disregard of the Constitution and laws of the United States, did
+heretofore, to wit, on the 18th day of August, A.D. 1866, at the city of
+Washington, in the District of Columbia, by public speech, declare and
+affirm in substance that the Thirty-ninth Congress of the United States
+was not a Congress of the United States authorized by the Constitution
+to exercise legislative power under the same, but, on the contrary, was
+a Congress of only part of the States; thereby denying and intending to
+deny that the legislation of said Congress was valid or obligatory upon
+him, the said Andrew Johnson, except in so far as he saw fit to approve
+the same, and also thereby denying and intending to deny the power of
+the said Thirty-ninth Congress to propose amendments to the Constitution
+of the United States; and in pursuance of said declaration the said
+Andrew Johnson, President of the United States, afterwards, to wit,
+on the 21st day of February, A.D. 1868, at the city of Washington,
+in the District of Columbia, did unlawfully, and in disregard of the
+requirement of the Constitution that he should take care that the laws
+be faithfully executed, attempt to prevent the execution of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, by unlawfully devising and contriving, and attempting to
+devise and contrive, means by which he should prevent Edwin M. Stanton
+from forthwith resuming the functions of the office of Secretary for the
+Department of War, notwithstanding the refusal of the Senate to concur
+in the suspension theretofore made by said Andrew Johnson of said Edwin
+M. Stanton from said office of Secretary for the Department of War, and
+also by further unlawfully devising and contriving, and attempting to
+devise and contrive, means then and there to prevent the execution of
+an act entitled "An act making appropriations for the support of the
+Army for the fiscal year ending June 30, 1868 and for other purposes,"
+approved March 2, 1867, and also to prevent the execution of an act
+entitled "An act to provide for the more efficient government of the
+rebel States," passed March 2, 1867, whereby the said Andrew Johnson,
+President of the United States, did then, to wit, on the 21st day of
+February, A.D. 1868, at the city of Washington, commit and was guilty
+of a high misdemeanor in office.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+Attest:
+
+EDWARD McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+
+IN THE SENATE, _March 4, 1868_.
+
+The President _pro tempore_ laid before the Senate the following letter
+from the Hon. Salmon P. Chase, Chief Justice of the Supreme Court of the
+United States:
+
+
+WASHINGTON, _March 4, 1868_.
+
+_To the Senate of the United States_:
+
+Inasmuch as the sole power to try impeachments is vested by the
+Constitution in the Senate, and it is made the duty of the Chief Justice
+to preside when the President is on trial, I take the liberty of
+submitting, very respectfully, some observations in respect to the
+proper mode of proceeding upon the impeachment which has been preferred
+by the House of Representatives against the President now in office.
+
+That when the Senate sits for the trial of an impeachment it sits as a
+court seems unquestionable.
+
+That for the trial of an impeachment of the President this court must be
+constituted of the members of the Senate, with the Chief Justice
+presiding, seems equally unquestionable.
+
+The Federalist is regarded as the highest contemporary authority on the
+construction of the Constitution, and in the sixty-fourth number the
+functions of the Senate "sitting in their judicial capacity as a court
+for the trial of impeachments" are examined.
+
+In a paragraph explaining the reasons for not uniting "the Supreme Court
+with the Senate in the formation of the court of impeachments" it is
+observed that--
+
+ To a certain extent the benefits of that union will be obtained from
+ making the Chief Justice of the Supreme Court the president of the court
+ of impeachments, as is proposed by the plan of the Convention, while the
+ inconveniences of an entire incorporation of the former into the latter
+ will be substantially avoided. This was, perhaps, the prudent mean.
+
+This authority seems to leave no doubt upon either of the propositions
+just stated; and the statement of them will serve to introduce the
+question upon which I think it my duty to state the result of my
+reflections to the Senate, namely, At what period, in the case of
+an impeachment of the President, should the court of impeachment be
+organized under oath, as directed by the Constitution?
+
+It will readily suggest itself to anyone who reflects upon the abilities
+and the learning in the law which distinguish so many Senators that
+besides the reason assigned in the Federalist there must have been still
+another for the provision requiring the Chief Justice to preside in the
+court of impeachment. Under the Constitution, in case of a vacancy in
+the office of President, the Vice-President succeeds, and it was
+doubtless thought prudent and befitting that the next in succession
+should not preside in a proceeding through which a vacancy might be
+created.
+
+It is not doubted that the Senate, while sitting in its ordinary
+capacity, must necessarily receive from the House of Representatives
+some notice of its intention to impeach the President at its bar,
+but it does not seem to me an unwarranted opinion, in view of this
+constitutional provision, that the organization of the Senate as
+a court of impeachment, under the Constitution, should precede the
+actual announcement of the impeachment on the part of the House.
+
+And it may perhaps be thought a still less unwarranted opinion that
+articles of impeachment should only be presented to a court of
+impeachment; that no summons or other process should issue except
+from the organized court, and that rules for the government of the
+proceedings of such a court should be framed only by the court itself.
+
+I have found myself unable to come to any other conclusions than these.
+I can assign no reason for requiring the Senate to organize as a court
+under any other than its ordinary presiding officer for the latter
+proceedings upon an impeachment of the President which does not seem
+to me to apply equally to the earlier.
+
+I am informed that the Senate has proceeded upon other views, and it is
+not my purpose to contest what its superior wisdom may have directed.
+
+All good citizens will fervently pray that no occasion may ever arise
+when the grave proceedings now in progress will be cited as a precedent;
+but it is not impossible that such an occasion may come.
+
+Inasmuch, therefore, as the Constitution has charged the Chief Justice
+with an important function in the trial of an impeachment of the
+President, it has seemed to me fitting and obligatory, where he is
+unable to concur in the views of the Senate concerning matters essential
+to the trial, that his respectful dissent should appear.
+
+S.P. CHASE,
+
+_Chief Justice of the United States_.
+
+
+
+
+PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF THE IMPEACHMENT
+OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+
+
+
+THURSDAY, MARCH 5, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice of the United States entered the Senate Chamber and
+was conducted to the chair by the committee appointed by the Senate for
+that purpose.
+
+The following oath was administered to the Chief Justice by Associate
+Justice Nelson, and by the Chief Justice to the members of the Senate:
+
+I do solemnly swear that in all things appertaining to the trial of
+the impeachment of Andrew Johnson, President of the United States, now
+pending, I will do impartial justice according to the Constitution and
+laws. So help me God.
+
+
+
+FRIDAY, MARCH 6, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+To accord with the conviction of the Chief Justice[76] that the court
+should adopt its own rules, those adopted on March 2 by the Senate
+sitting in its legislative capacity were readopted by the Senate sitting
+as a court of impeachment. The rules are as follows:
+
+[Footnote 76: See letter from the Chief Justice, pp. 718-720.]
+
+
+RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL
+OF IMPEACHMENTS.
+
+I. Whensoever the Senate shall receive notice from the House of
+Representatives that managers are appointed on their part to conduct an
+impeachment against any person, and are directed to carry articles of
+impeachment to the Senate, the Secretary of the Senate shall immediately
+inform the House of Representatives that the Senate is ready to receive
+the managers for the purpose of exhibiting such articles of impeachment
+agreeably to said notice.
+
+II. When the managers of an impeachment shall be introduced at the bar
+of the Senate and shall signify that they are ready to exhibit articles
+of impeachment against any person, the Presiding Officer of the Senate
+shall direct the Sergeant-at-Arms to make proclamation, who shall, after
+making proclamation, repeat the following words, viz:
+
+ All persons are commanded to keep silence, on pain of imprisonment,
+ while the House of Representatives is exhibiting to the Senate of the
+ United States articles of impeachment against -------- --------.
+
+after which the articles shall be exhibited; and then the Presiding
+Officer of the Senate shall inform the managers that the Senate will
+take proper order on the subject of the impeachment, of which due notice
+shall be given to the House of Representatives.
+
+III. Upon such articles being presented to the Senate, the Senate shall,
+at 1 o'clock afternoon of the day (Sunday excepted) following such
+presentation, or sooner if so ordered by the Senate, proceed to the
+consideration of such articles, and shall continue in session from day
+to day (Sundays excepted) after the trial shall commence (unless
+otherwise ordered by the Senate) until final judgment shall be rendered,
+and so much longer as may in its judgment be needful. Before proceeding
+to the consideration of the articles of impeachment the Presiding
+Officer shall administer the oath hereinafter provided to the members of
+the Senate then present, and to the other members of the Senate as they
+shall appear, whose duty it shall be to take the same.
+
+IV. When the President of the United States, or the Vice-President
+of the United States upon whom the powers and duties of the office of
+President shall have devolved, shall be impeached, the Chief Justice
+of the Supreme Court of the United States shall preside; and in a case
+requiring the said Chief Justice to preside notice shall be given to him
+by the Presiding Officer of the Senate of the time and place fixed for
+the consideration of the articles of impeachment as aforesaid, with a
+request to attend; and the said Chief Justice shall preside over the
+Senate during the consideration of said articles and upon the trial
+of the person impeached therein.
+
+V. The Presiding Officer shall have power to make and issue, by himself
+or by the Secretary of the Senate, all orders, mandates, writs, and
+precepts authorized by these rules or by the Senate, and to make and
+enforce such other regulations and orders in the premises as the Senate
+may authorize or provide.
+
+VI. The Senate shall have power to compel the attendance of witnesses,
+to enforce obedience to its orders, mandates, writs, precepts, and
+judgments, to preserve order, and to punish in a summary way contempts
+of and disobedience to its authority, orders, mandates, writs, precepts,
+or judgments, and to make all lawful orders, rules, and regulations
+which it may deem essential or conducive to the ends of justice; and the
+Sergeant-at-Arms, under the direction of the Senate, may employ such aid
+and assistance as may be necessary to enforce, execute, and carry into
+effect the lawful orders, mandates, writs, and precepts of the Senate.
+
+VII. The Presiding Officer of the Senate shall direct all necessary
+preparations in the Senate Chamber, and the presiding officer upon the
+trial shall direct all the forms of proceeding while the Senate are
+sitting for the purpose of trying an impeachment and all forms during
+the trial not otherwise specially provided for. The presiding officer
+may, in the first instance, submit to the Senate, without a division,
+all questions of evidence and incidental questions; but the same shall,
+on the demand of one-fifth of the members present, be decided by yeas
+and nays.
+
+VIII. Upon the presentation of articles of impeachment and the
+organization of the Senate as hereinbefore provided, a writ of summons
+shall issue to the accused, reciting said articles and notifying him to
+appear before the Senate upon a day and at a place to be fixed by the
+Senate, and named in such writ, and file his answer to said articles of
+impeachment, and to stand to and abide the orders and judgments of the
+Senate thereon, which writ shall be served by such officer or person as
+shall be named in the precept thereof such number of days prior to the
+day fixed for such appearance as shall be named in such precept, either
+by the delivery of an attested copy thereof to the person accused or,
+if that can not conveniently be done, by leaving such copy at the last
+known place of abode of such person or at his usual place of business,
+in some conspicuous place therein; or, if such service shall be, in the
+judgment of the Senate, impracticable, notice to the accused to appear
+shall be given in such other manner, by publication or otherwise, as
+shall be deemed just; and if the writ aforesaid shall fail of service
+in the manner aforesaid, the proceedings shall not thereby abate, but
+further service may be made in such manner as the Senate shall direct.
+If the accused, after service, shall fail to appear, either in person or
+by attorney, on the day so fixed therefor as aforesaid, or, appearing,
+shall fail to file his answer to such articles of impeachment, the trial
+shall proceed, nevertheless, as upon a plea of not guilty. If a plea of
+guilty shall be entered, judgment may be entered thereon without further
+proceedings.
+
+IX. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+return of the summons against the person impeached the legislative and
+executive business of the Senate shall be suspended and the Secretary of
+the Senate shall administer an oath to the returning officer in the form
+following, viz:
+
+ I, -------- --------, do solemnly swear that the return made by me
+ upon the process issued on the ---- day of ---- by the Senate of the
+ United States against -------- -------- is truly made, and that I have
+ performed such service as herein described.
+
+ So help me God.
+
+which oath shall be entered at large on the records.
+
+X. The person impeached shall then be called to appear and answer the
+articles of impeachment against him. If he appear, or any person for
+him, the appearance shall be recorded, stating particularly if by
+himself or by agent or attorney, naming the person appearing and the
+capacity in which he appears, If he do not appear, either personally
+or by agent or attorney, the same shall be recorded.
+
+XI. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+trial of an impeachment the legislative and executive business of the
+Senate shall be suspended and the Secretary shall give notice to the
+House of Representatives that the Senate is ready to proceed upon the
+impeachment of -------- --------, in the Senate Chamber, which chamber
+is prepared with accommodations for the reception of the House of
+Representatives.
+
+XII. The hour of the day at which the Senate shall sit upon the trial of
+an impeachment shall be (unless otherwise ordered) 12 o'clock m., and
+when the hour for such sitting shall arrive the Presiding Officer of the
+Senate shall so announce; and thereupon the presiding officer upon such
+trial shall cause proclamation to be made, and the business of the trial
+shall proceed. The adjournment of the Senate sitting in said trial shall
+not operate as an adjournment of the Senate, but on such adjournment the
+Senate shall resume the consideration of its legislative and executive
+business.
+
+XIII. The Secretary of the Senate shall record the proceedings in cases
+of impeachment as in the case of legislative proceedings, and the same
+shall be reported in the same manner as the legislative proceedings of
+the Senate.
+
+XIV. Counsel for the parties shall be admitted to appear and be heard
+upon an impeachment.
+
+XV. All motions made by the parties or their counsel shall be addressed
+to the presiding officer, and if he or any Senator shall require it they
+shall be committed to writing and read at the Secretary's table.
+
+XVI. Witnesses shall be examined by one person on behalf of the party
+producing them and then cross-examined by one person on the other side.
+
+XVII. If a Senator is called as a witness, he shall be sworn and give
+his testimony standing in his place.
+
+XVIII. If a Senator wishes a question to be put to a witness, or to
+offer a motion or order (except a motion to adjourn), it shall be
+reduced to writing and put by the presiding officer.
+
+XIX. At all times while the Senate is sitting upon the trial of an
+impeachment the doors of the Senate shall be kept open, unless the
+Senate shall direct the doors to be closed while deliberating upon
+its decisions.
+
+XX. All preliminary or interlocutory questions and all motions shall be
+argued for not exceeding one hour on each side, unless the Senate shall
+by order extend the time.
+
+XXI. The case on each side shall be opened by one person. The final
+argument on the merits may be made by two persons on each side (unless
+otherwise ordered by the Senate, upon application for that purpose),
+and the argument shall be opened and closed on the part of the House
+of Representatives.
+
+XXII. On the final question whether the impeachment is sustained the
+yeas and nays shall be taken on each article of impeachment separately,
+and if the impeachment shall not, upon any of the articles presented, be
+sustained by the votes of two-thirds of the members present a judgment
+of acquittal shall be entered; but if the person accused in such
+articles of impeachment shall be convicted upon any of said articles by
+the votes of two-thirds of the members present the Senate shall proceed
+to pronounce judgment, and a certified copy of such judgment shall be
+deposited in the office of the Secretary of State.
+
+XXIII. All the orders and decisions shall be made and had by yeas and
+nays, which shall be entered on the record, and without debate, except
+when the doors shall be closed for deliberation, and in that case no
+member shall speak more than once on one question, and for not more than
+ten minutes on an interlocutory question, and for not more than fifteen
+minutes on the final question, unless by consent of the Senate, to be
+had without debate; but a motion to adjourn may be decided without the
+yeas and nays, unless they be demanded by one-fifth of the members
+present.
+
+XXIV. Witnesses shall be sworn in the following form, viz:
+
+ You, -------- --------, do swear (or affirm, as the case maybe) that
+ the evidence you shall give in the case now depending between the
+ United States and -------- -------- shall be the truth, the whole
+ truth, and nothing but the truth. So help you God.
+
+which oath shall be administered by the Secretary or any other duly
+authorized person.
+
+
+Form of subpoena to be issued on the application of the managers of
+the impeachment, or of the party impeached, or of his counsel:
+
+ _To_ -------- --------; _greeting_:
+
+ You and each of you are hereby commanded to appear before the Senate of
+ the United States on the ---- day of ----, at the Senate Chamber, in
+ the city of Washington, then and there to testify your knowledge in the
+ cause which is before the Senate in which the House of Representatives
+ have impeached -------- --------.
+
+ Fail not.
+
+ Witness -------- --------, and Presiding Officer of the Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+Form of direction for the service of said subpoena:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ You are hereby commanded to serve and return the within subpoena
+ according to law.
+
+ Dated at Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+ _Secretary of the Senate_.
+
+
+Form of oath to be administered to the members of the Senate sitting in
+the trial of impeachments:
+
+ I solemnly swear (or affirm, as the case may be) that in all things
+ appertaining to the trial of the impeachment of -------- --------, now
+ pending, I will do impartial justice according to the Constitution and
+ laws. So help me God.
+
+
+Form of summons to be issued and served upon the person impeached.
+
+
+ THE UNITED STATES OF AMERICA, _ss_:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ Whereas the House of Representatives of the United States of America did
+ on the ---- day of ---- exhibit to the Senate articles of impeachment
+ against you, the said -------- --------, in the words following:
+
+ [Here insert the articles.]
+
+ And demand that you, the said -------- --------, should be put to
+ answer the accusations as set forth in said articles, and that such
+ proceedings, examinations, trials, and judgments might be thereupon
+ had as are agreeable to law and justice:
+
+ You, the said -------- --------, are therefore hereby summoned to be
+ and appear before the Senate of the United States of America, at their
+ chamber, in the city of Washington, on the ---- day of ----, at 12
+ o'clock and 30 minutes afternoon, then and there to answer to the said
+ articles of impeachment, and then and there to abide by, obey, and
+ perform such orders, directions, and judgments as the Senate of the
+ United States shall make in the premises, according to the Constitution
+ and laws of the United States.
+
+ Hereof you are not to fail.
+
+ Witness -------- --------, and Presiding Officer of the said Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+Form of precept to be indorsed on said writ of summons:
+
+
+ THE UNITED STATES OF AMERICA, _ss_:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ You are hereby commanded to deliver to and leave with -------- --------,
+ if conveniently to be found, or, if not, to leave at his usual place of
+ abode or at his usual place of business, in some conspicuous place, a
+ true and attested copy of the within writ of summons, together with a
+ like copy of this precept; and in whichsoever way you perform the
+ service, let it be done at least ---- days before the appearance day
+ mentioned in said writ of summons.
+
+ Fail not, and make return of this writ of summons and precept, with your
+ proceedings thereon indorsed, on or before the appearance day mentioned
+ in the said writ of summons.
+
+ Witness -------- --------, and Presiding Officer of the Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+All process shall be served by the Sergeant-at-Arms of the Senate unless
+otherwise ordered by the court.
+
+XXV. If the Senate shall at any time fail to sit for the consideration
+of articles of impeachment on the day or hour fixed therefor, the Senate
+may by an order, to be adopted without debate, fix a day and hour for
+resuming such consideration.
+
+On March 31 Rule VII was amended to read as follows:
+
+VII. The Presiding Officer of the Senate shall direct all necessary
+preparations in the Senate Chamber, and the presiding officer on the
+trial shall direct all the forms of proceeding while the Senate are
+sitting for the purpose of trying an impeachment, and all forms during
+the trial not otherwise specially provided for, and the presiding
+officer on the trial may rule all questions of evidence and incidental
+questions, which ruling shall stand as the judgment of the Senate,
+unless some member of the Senate shall ask that a formal vote be taken
+thereon, in which case it shall be submitted to the Senate for decision;
+or he may, at his option, in the first instance submit any such question
+to a vote of the members of the Senate.
+
+On April 3 Rule VII was further amended by inserting at the end thereof
+the following:
+
+Upon all such questions the vote shall be without a division, unless the
+yeas and nays be demanded by one-fifth of the members present, when the
+same shall be taken.
+
+On March 13 Rule XXIII was amended to read as follows:
+
+XXIII. All the orders and decisions shall be made and had by yeas and
+nays, which shall be entered on the record, and without debate, subject,
+however, to the operation of Rule VII, except when the doors shall be
+closed for deliberation, and in that case no member shall speak more
+than once on one question, and for not more than ten minutes on an
+interlocutory question, and for not more than fifteen minutes on the
+final question, unless by consent of the Senate, to be had without
+debate; but a motion to adjourn may be decided without the yeas and
+nays, unless they be demanded by one-fifth of the members present.
+
+On May 7 Rule XXIII was further amended by adding thereto the following:
+
+The fifteen minutes herein allowed shall be for the whole deliberation
+on the final question, and not to the final question on each article of
+impeachment.
+
+
+
+FRIDAY, MARCH 13, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+Mr. Henry Stanbery, in behalf of Andrew Johnson, the respondent, read
+the following paper:
+
+In the matter of the impeachment of Andrew Johnson, President of the
+United States.
+
+Mr. CHIEF JUSTICE: I, Andrew Johnson, President of the United States,
+having been served with a summons to appear before this honorable court,
+sitting as a court of impeachment, to answer certain articles of
+impeachment found and presented against me by the honorable the House
+of Representatives of the United States, do hereby enter my appearance
+by my counsel, Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black,
+William M. Evarts, and Thomas A.R. Nelson, who have my warrant and
+authority therefor, and who are instructed by me to ask of this
+honorable court a reasonable time for the preparation of my answer
+to said articles. After a careful examination of the articles of
+impeachment and consultation with my counsel, I am satisfied that at
+least forty days will be necessary for the preparation of my answer,
+and I respectfully ask that it be allowed.
+
+ANDREW JOHNSON.
+
+
+
+Mr. Stanbery then submitted the following motion:
+
+In the matter of the impeachment of Andrew Johnson, President of the
+United States.
+
+Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M.
+Evarts, and Thomas A.R. Nelson, of counsel for the respondent, move the
+court for the allowance of forty days for the preparation of the answer
+to the articles of impeachment, and in support of the motion make the
+following professional statement:
+
+The articles are eleven in number, involving many questions of law
+and fact. We have during the limited time and opportunity afforded us
+considered as far as possible the field of investigation which must be
+explored in the preparation of the answer, and the conclusion at which
+we have arrived is that with the utmost diligence the time we have asked
+is reasonable and necessary.
+
+The precedents as to time for answer upon impeachments before the Senate
+to which we have had opportunity to refer are those of Judge Chase and
+Judge Peck.
+
+In the case of Judge Chase time was allowed from the 3d of January until
+the 4th of February next succeeding to put in his answer--a period of
+thirty-two days; but in this case there were only eight articles, and
+Judge Chase had been for a year cognizant of most of the articles, and
+had been himself engaged in preparing to meet them.
+
+In the case of Judge Peck there was but a single article. Judge Peck
+asked for time from the 10th to the 25th of May to put in his answer,
+and it was granted. It appears that Judge Peck had been long cognizant
+of the ground laid for his impeachment, and had been present before the
+committee of the House upon the examination of the witnesses, and had
+been permitted by the House of Representatives to present to that body
+an elaborate answer to the charges.
+
+It is apparent that the President is fairly entitled to more time than
+was allowed in either of the foregoing cases. It is proper to add that
+the respondents in these cases were lawyers, fully capable of preparing
+their own answers, and that no pressing official duties interfered with
+their attention to that business; whereas the President, not being a
+lawyer, must rely on his counsel. The charges involve his acts,
+declarations, and intentions, as to all which his counsel must be fully
+advised upon consultation with him, step by step, in the preparation of
+his defense. It is seldom that a case requires such constant
+communication between client and counsel as this, and yet such
+communication can only be had at such intervals as are allowed to the
+President from the usual hours that must be devoted to his high official
+duties.
+
+We further beg leave to suggest for the consideration of this honorable
+court that, as counsel careful as well of their own reputation as of
+the interests of their client in a case of such magnitude as this, so
+out of the ordinary range of professional experience, where so much
+responsibility is felt, they submit to the candid consideration of the
+court that they have a right to ask for themselves such opportunity to
+discharge their duty as seems to them to be absolutely necessary.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ JEREMIAH S. BLACK, \__ Per H.S.
+ WILLIAM M. EVARTS, /
+ THOMAS A.R. NELSON,
+
+_Of Counsel for the Respondent_.
+
+
+The above motion was denied, and the Senate adopted the following orders:
+
+_Ordered_, That the respondent file answer to the articles of
+impeachment on or before Monday, the 23d day of March instant.
+
+_Ordered_, That unless otherwise ordered by the Senate, for cause shown,
+the trial of the pending impeachment shall proceed immediately after
+replication shall be filed.
+
+
+
+MONDAY, MARCH 23, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The answer of the respondent to the articles of impeachment was
+submitted by his counsel, as follows:
+
+Senate of the United States, sitting as a court of impeachment for the
+trial of Andrew Johnson, President of the United States.
+
+THE ANSWER OF THE SAID ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES,
+TO THE ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+REPRESENTATIVES OF THE UNITED STATES.
+
+_Answer to Article I_.--For answer to the first article he says that
+Edwin M. Stanton was appointed Secretary for the Department of War on
+the 15th day of January, A.D. 1862, by Abraham Lincoln, then President
+of the United States, during the first term of his Presidency, and was
+commissioned, according to the Constitution and laws of the United
+States, to hold the said office during the pleasure of the President;
+that the office of Secretary for the Department of War was created by an
+act of the First Congress in its first session, passed on the 7th day of
+August, A.D. 1789, and in and by that act it was provided and enacted
+that the said Secretary for the Department of War shall perform and
+execute such duties as shall from time to time be enjoined on and
+intrusted to him by the President of the United States, agreeably to the
+Constitution, relative to the subjects within the scope of the said
+Department; and, furthermore, that the said Secretary shall conduct the
+business of the said Department in such a manner as the President of the
+United States shall from time to time order and instruct.
+
+And this respondent, further answering, says that by force of the act
+aforesaid and by reason of his appointment aforesaid the said Stanton
+became the principal officer in one of the Executive Departments of the
+Government within the true intent and meaning of the second section
+of the second article of the Constitution of the United States and
+according to the true intent and meaning of that provision of the
+Constitution of the United States; and, in accordance with the settled
+and uniform practice of each and every President of the United States,
+the said Stanton then became, and so long as he should continue to hold
+the said office of Secretary for the Department of War must continue to
+be, one of the advisers of the President of the United States, as well
+as the person intrusted to act for and represent the President in
+matters enjoined upon him or intrusted to him by the President touching
+the Department aforesaid, and for whose conduct in such capacity,
+subordinate to the President, the President is by the Constitution and
+laws of the United States made responsible.
+
+And this respondent, further answering, says he succeeded to the office
+of President of the United States upon and by reason of the death of
+Abraham Lincoln, then President of the United States, on the 15th day
+of April, 1865, and the said Stanton was then holding the said office
+of Secretary for the Department of War under and by reason of the
+appointment and commission aforesaid; and not having been removed from
+the said office by this respondent, the said Stanton continued to hold
+the same under the appointment and commission aforesaid, at the pleasure
+of the President, until the time hereinafter particularly mentioned,
+and at no time received any appointment or commission save as above
+detailed.
+
+And this respondent, further answering, says that on and prior to the
+5th day of August, A.D. 1867, this respondent, the President of the
+United States, responsible for the conduct of the Secretary for the
+Department of War, and having the constitutional right to resort to
+and rely upon the person holding that office for advice concerning
+the great and difficult public duties enjoined on the President by
+the Constitution and laws of the United States, became satisfied that
+he could not allow the said Stanton to continue to hold the office
+of Secretary for the Department of War without hazard of the public
+interest; that the relations between the said Stanton and the President
+no longer permitted the President to resort to him for advice or to be,
+in the judgment of the President, safely responsible for his conduct of
+the affairs of the Department of War, as by law required, in accordance
+with the orders and instructions of the President; and thereupon, by
+force of the Constitution and laws of the United States, which devolve
+on the President the power and the duty to control the conduct of the
+business of that Executive Department of the Government, and by reason
+of the constitutional duty of the President to take care that the laws
+be faithfully executed, this respondent did necessarily consider and did
+determine that the said Stanton ought no longer to hold the said office
+of Secretary for the Department of War. And this respondent, by virtue
+of the power and authority vested in him as President of the United
+States by the Constitution and laws of the United States, to give effect
+to such his decision and determination, did, on the 5th day of August,
+A.D. 1867, address to the said Stanton a note of which the following
+is a true copy:
+
+ SIR: Public considerations of a high character constrain me to say that
+ your resignation as Secretary of War will be accepted.
+
+
+To which note the said Stanton made the following reply:
+
+ WAR DEPARTMENT,
+
+ _Washington, August_ 5, _1867_.
+
+ SIR: Your note of this day has been received, stating that "public
+ considerations of a high character constrain" you "to say that" my
+ "resignation as Secretary of War will be accepted."
+
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+
+ Very respectfully, yours,
+
+ EDWIN M. STANTON.
+
+
+This respondent, as President of the United States, was thereon of
+opinion that, having regard to the necessary official relations and
+duties of the Secretary for the Department of War to the President of
+the United States, according to the Constitution and laws of the United
+States, and having regard to the responsibility of the President for
+the conduct of the said Secretary, and having regard to the permanent
+executive authority of the office which the respondent holds under
+the Constitution and laws of the United States, it was impossible,
+consistently with the public interests, to allow the said Stanton to
+continue to hold the said office of Secretary for the Department of War;
+and it then became the official duty of the respondent, as President of
+the United States, to consider and decide what act or acts should and
+might lawfully be done by him, as President of the United States, to
+cause the said Stanton to surrender the said office.
+
+This respondent was informed and verily believed that it was practically
+settled by the First Congress of the United States, and had been so
+considered and uniformly and in great numbers of instances acted on by
+each Congress and President of the United States, in succession, from
+President Washington to and including President Lincoln, and from the
+First Congress to the Thirty-ninth Congress, that the Constitution of
+the United States conferred on the President, as part of the executive
+power and as one of the necessary means and instruments of performing
+the executive duty expressly imposed on him by the Constitution of
+taking care that the laws be faithfully executed, the power at any and
+all times of removing from office all executive officers for cause to be
+judged of by the President alone. This respondent had, in pursuance of
+the Constitution, required the opinion of each principal officer of the
+Executive Departments upon this question of constitutional executive
+power and duty, and had been advised by each of them, including
+the said Stanton, Secretary for the Department of War, that under
+the Constitution of the United States this power was lodged by
+the Constitution in the President of the United States, and that,
+consequently, it could be lawfully exercised by him, and the Congress
+could not deprive him thereof; and this respondent, in his capacity of
+President of the United States, and because in that capacity he was both
+enabled and bound to use his best judgment upon this question, did, in
+good faith and with an earnest desire to arrive at the truth, come to
+the conclusion and opinion, and did make the same known to the honorable
+the Senate of the United States by a message dated on the 2d day of
+March, 1867 (a true copy whereof is hereunto annexed and marked A), that
+the power last mentioned was conferred and the duty of exercising it in
+fit cases was imposed on the President by the Constitution of the United
+States, and that the President could not be deprived of this power
+or relieved of this duty, nor could the same be vested by law in the
+President and the Senate jointly, either in part or whole; and this has
+ever since remained and was the opinion of this respondent at the time
+when he was forced as aforesaid to consider and decide what act or acts
+should and might lawfully be done by this respondent, as President of
+the United States, to cause the said Stanton to surrender the said
+office.
+
+This respondent was also then aware that by the first section of "An act
+regulating the tenure of certain civil offices," passed March 2, 1867,
+by a constitutional majority of both Houses of Congress, it was enacted
+as follows:
+
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: _Provided_,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of the
+ President by whom they may have been appointed and one month thereafter,
+ subject to removal by and with the advice and consent of the Senate.
+
+This respondent was also aware that this act was understood and intended
+to be an expression of the opinion of the Congress by which that act
+was passed that the power to remove executive officers for cause might
+by law be taken from the President and vested in him and the Senate
+jointly; and although this respondent had arrived at and still retained
+the opinion above expressed, and verily believed, as he still believes,
+that the said first section of the last-mentioned act was and is wholly
+inoperative and void by reason of its conflict with the Constitution of
+the United States, yet, inasmuch as the same had been enacted by the
+constitutional majority in each of the two Houses of that Congress, this
+respondent considered it to be proper to examine and decide whether the
+particular case of the said Stanton, on which it was this respondent's
+duty to act, was within or without the terms of that first section of
+the act, or, if within it, whether the President had not the power,
+according to the terms of the act, to remove the said Stanton from the
+office of Secretary for the Department of War; and having, in his
+capacity of President of the United States, so examined and considered,
+did form the opinion that the case of the said Stanton and his tenure of
+office were not affected by the first section of the last-named act.
+
+And this respondent, further answering, says that although a case thus
+existed which, in his judgment, as President of the United States,
+called for the exercise of the executive power to remove the said
+Stanton from the office of Secretary for the Department of War; and
+although this respondent was of opinion, as is above shown, that under
+the Constitution of the United States the power to remove the said
+Stanton from the said office was vested in the President of the United
+States; and although this respondent was also of the opinion, as is
+above shown, that the case of the said Stanton was not affected by
+the first section of the last-named act; and although each of the
+said opinions had been formed by this respondent upon an actual case,
+requiring him, in his capacity of President of the United States, to
+come to some judgment and determination thereon, yet this respondent,
+as President of the United States, desired and determined to avoid, if
+possible, any question of the construction and effect of the said first
+section of the last-named act, and also the broader question of the
+executive power conferred upon the President of the United States by
+the Constitution of the United States to remove one of the principal
+officers of one of the Executive Departments for cause seeming to him
+sufficient; and this respondent also desired and determined that if,
+from causes over which he could exert no control, it should become
+absolutely necessary to raise and have in some way determined either
+or both of the said last-named questions, it was in accordance with the
+Constitution of the United States, and was required of the President
+thereby, that questions of so much gravity and importance, upon which
+the legislative and executive departments of the Government had
+disagreed, which involved powers considered by all branches of the
+Government, during its entire history down to the year 1867, to have
+been confided by the Constitution of the United States to the President,
+and to be necessary for the complete and proper execution of his
+constitutional duties, should be in some proper way submitted to that
+judicial department of the Government intrusted by the Constitution
+with the power, and subjected by it to the duty, not only of
+determining finally the construction and effect of all acts of Congress,
+but of comparing them with the Constitution of the United States
+and pronouncing them inoperative when found in conflict with that
+fundamental law which the people have enacted for the government of
+all their servants. And to these ends, first, that through the action
+of the Senate of the United States the absolute duty of the President
+to substitute some fit person in place of Mr. Stanton as one of his
+advisers, and as a principal subordinate officer whose official conduct
+he was responsible for and had lawful right to control, might, if
+possible, be accomplished without the necessity of raising any one
+of the questions aforesaid; and, second, if this duty could not
+be so performed, then that these questions, or such of them as might
+necessarily arise, should be judicially determined in manner aforesaid,
+and for no other end or purpose, this respondent, as President of the
+United States, on the 12th day of August, 1867, seven days after the
+reception of the letter of the said Stanton of the 5th of August,
+hereinbefore stated, did issue to the said Stanton the order
+following, namely:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, August 12, 1867_.
+
+ Hon. EDWIN M. STANTON,
+
+ _Secretary of War_.
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War _ad interim_,
+ all records, books, papers, and other public property now in your
+ custody and charge.
+
+
+To which said order the said Stanton made the following reply:
+
+
+ WAR DEPARTMENT,
+
+ _Washington City, August 12, 1867_.
+
+ The PRESIDENT.
+
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers vested in you as President by the Constitution
+ and laws of the United States I am suspended from office as Secretary
+ of War, and will cease to exercise any and all functions pertaining to
+ the same; and also directing me at once to transfer to General Ulysses
+ S. Grant, who has this day been authorized and empowered to act as
+ Secretary of War _ad interim_, all records, books, papers, and other
+ public property now in my custody and charge.
+
+ Under a sense of public duty, I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without legal cause, to suspend me from office
+ as Secretary of War, or the exercise of any or all functions pertaining
+ to the same, or without such advice and consent to compel me to transfer
+ to any person the records, books, papers, and public property in my
+ custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+And this respondent, further answering, says that it is provided in and
+by the second section of "An act regulating the tenure of certain civil
+offices" that the President may suspend an officer from the performance
+of the duties of the office held by him, for certain causes therein
+designated, until the next meeting of the Senate and until the case
+shall be acted on by the Senate; that this respondent, as President
+of the United States, was advised, and he verily believed, and still
+believes, that the executive power of removal from office confided to
+him by the Constitution as aforesaid includes the power of suspension
+from office at the pleasure of the President; and this respondent, by
+the order aforesaid, did suspend the said Stanton from office, not until
+the next meeting of the Senate or until the Senate should have acted
+upon the case, but, by force of the power and authority vested in him by
+the Constitution and laws of the United States, indefinitely and at the
+pleasure of the President; and the order, in form aforesaid, was made
+known to the Senate of the United States on the 12th day of December,
+A.D. 1867, as will be more fully hereinafter stated.
+
+And this respondent, further answering, says that in and by the act of
+February 13, 1795, it was, among other things, provided and enacted that
+in case of vacancy in the office of Secretary for the Department of
+War it shall be lawful for the President, in case he shall think it
+necessary, to authorize any person to perform the duties of that office
+until a successor be appointed or such vacancy filled, but not exceeding
+the term of six months; and this respondent, being advised and believing
+that such law was in full force and not repealed, by an order dated
+August 12, 1867, did authorize and empower Ulysses S. Grant, General of
+the armies of the United States, to act as Secretary for the Department
+of War _ad interim_, in the form in which similar authority had
+theretofore been given, not until the next meeting of the Senate and
+until the Senate should act on the case, but at the pleasure of the
+President, subject only to the limitation of six months in the said
+last-mentioned act contained; and a copy of the last-named order was
+made known to the Senate of the United States on the 12th day of
+December, A.D. 1867, as will be hereinafter more fully stated; and in
+pursuance of the design and intention aforesaid, if it should become
+necessary, to submit the said questions to a judicial determination,
+this respondent, at or near the date of the last-mentioned order, did
+make known such his purpose to obtain a judicial decision of the said
+questions, or such of them as might be necessary.
+
+And this respondent, further answering, says that in further pursuance
+of his intention and design, if possible, to perform what he judged to
+be his imperative duty, to prevent the said Stanton from longer holding
+the office of Secretary for the Department of War, and at the same time
+avoiding, if possible, any question respecting the extent of the power
+of removal from executive office confided to the President by the
+Constitution of the United States, and any question respecting the
+construction and effect of the first section of the said "Act regulating
+the tenure of certain civil offices," while he should not by any act of
+his abandon and relinquish either a power which he believed the
+Constitution had conferred on the President of the United States to
+enable him to perform the duties of his office or a power designedly
+left to him by the first section of the act of Congress last aforesaid,
+this respondent did, on the 12th day of December, 1867, transmit to the
+Senate of the United States a message, a copy whereof is hereunto
+annexed and marked B, wherein he made known the orders aforesaid and
+the reasons which had induced the same, so far as this respondent then
+considered it material and necessary that the same should be set forth,
+and reiterated his views concerning the constitutional power of removal
+vested in the President, and also expressed his views concerning the
+construction of the said first section of the last-mentioned act, as
+respected the power of the President to remove the said Stanton from
+the said office of Secretary for the Department of War, well hoping that
+this respondent could thus perform what he then believed, and still
+believes, to be his imperative duty in reference to the said Stanton
+without derogating from the powers which this respondent believed were
+confided to the President by the Constitution and laws, and without
+the necessity of raising judicially any questions respecting the same.
+
+And this respondent, further answering, says that this hope not having
+been realized, the President was compelled either to allow the said
+Stanton to resume the said office and remain therein contrary to the
+settled convictions of the President, formed as aforesaid, respecting
+the powers confided to him and the duties required of him by the
+Constitution of the United States, and contrary to the opinion formed
+as aforesaid that the first section of the last-mentioned act did not
+affect the case of the said Stanton, and contrary to the fixed belief
+of the President that he could no longer advise with or trust or be
+responsible for the said Stanton in the said office of Secretary for the
+Department of War, or else he was compelled to take such steps as might
+in the judgment of the President be lawful and necessary to raise for a
+judicial decision the questions affecting the lawful right of the said
+Stanton to resume the said office or the power of the said Stanton to
+persist in refusing to quit the said office if he should persist in
+actually refusing to quit the same; and to this end, and to this end
+only, this respondent did, on the 21st day of February, 1868, issue the
+order for the removal of the said Stanton, in the said first article
+mentioned and set forth, and the order authorizing the said Lorenzo
+Thomas to act as Secretary of War _ad interim_, in the said second
+article set forth.
+
+And this respondent, proceeding to answer specifically each substantial
+allegation in the said first article, says: He denies that the said
+Stanton, on the 21st day of February, 1868, was lawfully in possession
+of the said office of Secretary for the Department of War. He denies
+that the said Stanton, on the day last mentioned, was lawfully entitled
+to hold the said office against the will of the President of the United
+States. He denies that the said order for the removal of the said
+Stanton was unlawfully issued. He denies that the said order was issued
+with intent to violate the act entitled "An act regulating the tenure of
+certain civil offices." He denies that the said order was a violation of
+the last-mentioned act. He denies that the said order was a violation of
+the Constitution of the United States, or of any law thereof, or of his
+oath of office. He denies that the said order was issued with an intent
+to violate the Constitution of the United States, or any law thereof, or
+this respondent's oath of office; and he respectfully but earnestly
+insists that not only was it issued by him in the performance of what he
+believed to be an imperative official duty, but in the performance of
+what this honorable court will consider was, in point of fact, an
+imperative official duty. And he denies that any and all substantive
+matters in the said first article contained, in manner and form as the
+same are therein stated and set forth, do by law constitute a high
+misdemeanor in office within the true intent and meaning of the
+Constitution of the United States.
+
+_Answer to Article II_.--And for answer to the second article this
+respondent says that he admits he did issue and deliver to said Lorenzo
+Thomas the said writing set forth in said second article, bearing
+date at Washington, D.C., February 21, 1868, addressed to Brevet
+Major-General Lorenzo Thomas, Adjutant-General United States Army,
+Washington, D.C., and he further admits that the same was so issued
+without the advice and consent of the Senate of the United States, then
+in session; but he denies that he thereby violated the Constitution of
+the United States or any law thereof, or that he did thereby intend to
+violate the Constitution of the United States or the provisions of any
+act of Congress; and this respondent refers to his answer to said first
+article for a full statement of the purposes and intentions with which
+said order was issued, and adopts the same as part of his answer to this
+article; and he further denies that there was then and there no vacancy
+in the said office of Secretary for the Department of War, or that he
+did then and there commit or was guilty of a high misdemeanor in office;
+and this respondent maintains and will insist--
+
+1. That at the date and delivery of said writing there was a vacancy
+existing in the office of Secretary for the Department of War.
+
+2. That notwithstanding the Senate of the United States was then in
+session, it was lawful and according to long and well-established usage
+to empower and authorize the said Thomas to act as Secretary of War
+_ad interim_.
+
+3. That if the said act regulating the tenure of civil offices be held
+to be a valid law, no provision of the same was violated by the issuing
+of said order or by the designation of said Thomas to act as Secretary
+of War _ad interim_.
+
+_Answer to Article III_.--And for answer to said third article this
+respondent says that he abides by his answer to said first and second
+articles in so far as the same are responsive to the allegations
+contained in the said third article, and, without here again repeating
+the same answer, prays the same be taken as an answer to this third
+article as fully as if here again set out at length; and as to the new
+allegation contained in said third article, that this respondent did
+appoint the said Thomas to be Secretary for the Department of War _ad
+interim_, this respondent denies that he gave any other authority to
+said Thomas than such as appears in said written authority, set out in
+said article, by which he authorized and empowered said Thomas to act
+as Secretary for the Department of War _ad interim_; and he denies
+that the same amounts to an appointment, and insists that it is only
+a designation of an officer of that Department to act temporarily as
+Secretary for the Department of War _ad interim_--until an appointment
+should be made. But whether the said written authority amounts to an
+appointment or to a temporary authority or designation, this respondent
+denies that in any sense he did thereby intend to violate the
+Constitution of the United States, or that he thereby intended to
+give the said order the character or effect of an appointment in the
+constitutional or legal sense of that term. He further denies that there
+was no vacancy in said office of Secretary for the Department of War
+existing at the date of said written authority.
+
+_Answer to Article IV_.--And for answer to said fourth article this
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time or place, he did unlawfully
+conspire with the said Lorenzo Thomas, or with the said Thomas and any
+other person or persons, with intent, by intimidations and threats,
+unlawfully to hinder and prevent the said Stanton from holding said
+office of Secretary for the Department of War, in violation of the
+Constitution of the United States or of the provisions of the said act
+of Congress in said article mentioned, or that he did then and there
+commit or was guilty of a high crime in office. On the contrary thereof,
+protesting that the said Stanton was not then and there lawfully the
+Secretary for the Department of War, this respondent states that his
+sole purpose in authorizing the said Thomas to act as Secretary for the
+Department of War _ad interim_ was, as is fully stated in his answer to
+the said first article, to bring the question of the right of the said
+Stanton to hold said office, notwithstanding his said suspension, and
+notwithstanding the said order of removal, and notwithstanding the said
+authority of the said Thomas to act as Secretary of War _ad interim_, to
+the test of a final decision by the Supreme Court of the United States
+in the earliest practicable mode by which the question could be brought
+before that tribunal.
+
+This respondent did not conspire or agree with the said Thomas, or any
+other person or persons, to use intimidation or threats to hinder or
+prevent the said Stanton from holding the said office of Secretary for
+the Department of War, nor did this respondent at any time command
+or advise the said Thomas, or any other person or persons, to resort
+to or use either threats or intimidation for that purpose. The only
+means in the contemplation or purpose of respondent to be used are set
+forth fully in the said orders of February 21, the first addressed to
+Mr. Stanton and the second to the said Thomas. By the first order the
+respondent notified Mr. Stanton that he was removed from the said office
+and that his functions as Secretary for the Department of War were to
+terminate upon the receipt of that order; and he also thereby notified
+the said Stanton that the said Thomas had been authorized to act as
+Secretary for the Department of War _ad interim_, and ordered the said
+Stanton to transfer to him all the records, books, papers, and other
+public property in his custody and charge; and by the second order this
+respondent notified the said Thomas of the removal from office of the
+said Stanton, and authorized him to act as Secretary for the Department
+of War _ad interim_, and directed him to immediately enter upon the
+discharge of the duties pertaining to that office and to receive the
+transfer of all the records, books, papers, and other public property
+from Mr. Stanton then in his custody and charge.
+
+Respondent gave no instructions to the said Thomas to use intimidation
+or threats to enforce obedience to these orders. He gave him no
+authority to call in the aid of the military or any other force to
+enable him to obtain possession of the office or of the books, papers,
+records, or property thereof. The only agency resorted to, or intended
+to be resorted to, was by means of the said Executive orders requiring
+obedience. But the Secretary for the Department of War refused to obey
+these orders, and still holds undisturbed possession and custody of that
+Department and of the records, books, papers, and other public property
+therein. Respondent further states that in execution of the orders so by
+this respondent given to the said Thomas he, the said Thomas, proceeded
+in a peaceful manner to demand of the said Stanton a surrender to him of
+the public property in the said Department, and to vacate the possession
+of the same, and to allow him, the said Thomas, peaceably to exercise
+the duties devolved upon him by authority of the President. That, as
+this respondent has been informed and believes, the said Stanton
+peremptorily refused obedience to the orders so issued. Upon such
+refusal no force or threat of force was used by the said Thomas, by
+authority of the President or otherwise, to enforce obedience, either
+then or at any subsequent time.
+
+This respondent doth here except to the sufficiency of the allegations
+contained in said fourth article, and states for ground of exception
+that it is not stated that there was any agreement between this
+respondent and the said Thomas, or any other person or persons, to use
+intimidation and threats, nor is there any allegation as to the nature
+of said intimidation and threats, or that there was any agreement to
+carry them into execution, or that any step was taken or agreed to be
+taken to carry them into execution; and that the allegation in said
+article that the intent of said conspiracy was to use intimidation and
+threats is wholly insufficient, inasmuch as it is not alleged that the
+said intent formed the basis or became part of any agreement between the
+said alleged conspirators; and, furthermore, that there is no allegation
+of any conspiracy or agreement to use intimidation or threats.
+
+_Answer to Article V_.--And for answer to the said fifth article this
+respondent denies that on the said 21st day of February, 1868, or at
+any other time or times in the same year before the said 2d day of
+March, 1868, or at any prior or subsequent time, at Washington
+aforesaid, or at any other place, this respondent did unlawfully
+conspire with the said Thomas, or with any other person or persons,
+to prevent or hinder the execution of the said act entitled "An act
+regulating the tenure of certain civil offices," or that, in pursuance
+of said alleged conspiracy, he did unlawfully attempt to prevent the
+said Edwin M. Stanton from holding the said office of Secretary for the
+Department of War, or that he did thereby commit, or that he was thereby
+guilty of, a high misdemeanor in office. Respondent, protesting that
+said Stanton was not then and there Secretary for the Department of War,
+begs leave to refer to his answer given to the fourth article and to his
+answer to the first article as to his intent and purpose in issuing the
+orders for the removal of Mr. Stanton and the authority given to the
+said Thomas, and prays equal benefit therefrom as if the same were here
+again repeated and fully set forth.
+
+And this respondent excepts to the sufficiency of the said fifth
+article, and states his ground for such exception that it is not alleged
+by what means or by what agreement the said alleged conspiracy was
+formed or agreed to be carried out, or in what way the same was
+attempted to be carried out, or what were the acts done in pursuance
+thereof.
+
+_Answer to Article VI_.--And for answer to the said sixth article this
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time or place, he did unlawfully
+conspire with the said Thomas by force to seize, take, or possess the
+property of the United States in the Department of War, contrary to
+the provisions of the said acts referred to in the said article, or
+either of them, or with intent to violate either of them. Respondent,
+protesting that said Stanton was not then and there Secretary for the
+Department of War, not only denies the said conspiracy as charged, but
+also denies any unlawful intent in reference to the custody and charge
+of the property of the United States in the said Department of War, and
+again refers to his former answers for a full statement of his intent
+and purpose in the premises.
+
+_Answer to Article VII_.--And for answer to the said seventh article
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time and place, he did unlawfully
+conspire with the said Thomas with intent unlawfully to seize, take, or
+possess the property of the United States in the Department of War, with
+intent to violate or disregard the said act in the said seventh article
+referred to, or that he did then and there commit a high misdemeanor in
+office. Respondent, protesting that the said Stanton was not then and
+there Secretary for the Department of War, again refers to his former
+answers, in so far as they are applicable, to show the intent with which
+he proceeded in the premises, and prays equal benefit therefrom as
+if the same were here again fully repeated. Respondent further takes
+exception to the sufficiency of the allegations of this article as to
+the conspiracy alleged upon the same grounds as stated in the exception
+set forth in his answer to said article fourth.
+
+_Answer to Article VIII_.--And for answer to the said eighth article
+this respondent denies that, on the 21st day of February, 1868, at
+Washington aforesaid, or at any other time and place, he did issue
+and deliver to the said Thomas the said letter of authority set forth
+in the said eighth article with the intent unlawfully to control the
+disbursements of the money appropriated for the military service and
+for the Department of War. This respondent, protesting that there was
+a vacancy in the office of Secretary of War, admits that he did issue
+the said letter of authority, and he denies that the same was with any
+unlawful intent whatever, either to violate the Constitution of the
+United States or any act of Congress. On the contrary, this respondent
+again affirms that his sole intent was to vindicate his authority as
+President of the United States, and by peaceful means to bring the
+question of the right of the said Stanton to continue to hold the said
+office of Secretary of War to a final decision before the Supreme Court
+of the United States, as has been hereinbefore set forth; and he prays
+the same benefit from his answer in the premises as if the same were
+here again repeated at length.
+
+_Answer to Article IX_.--And for answer to the said ninth article
+the respondent states that on the said 22d day of February, 1868, the
+following note was addressed to the said Emory by the private secretary
+of the respondent:
+
+
+ EXECUTIVE MANSION,
+
+ WASHINGTON, D.C.,
+
+ _February 22, 1868_.
+
+ GENERAL: The President directs me to say that he will be pleased to have
+ you call upon him as early as practicable.
+
+ Respectfully and truly yours,
+
+ WILLIAM G. MOORE,
+
+ _United States Army_.
+
+
+General Emory called at the Executive Mansion according to this request.
+The object of respondent was to be advised by General Emory, as
+commander of the Department of Washington, what changes had been made in
+the military affairs of the department. Respondent had been informed
+that various changes had been made which in no wise had been brought to
+his notice or reported to him from the Department of War or from any
+other quarter, and desired to ascertain the facts. After the said Emory
+had explained in detail the changes which had taken place, said Emory
+called the attention of respondent to a general order which he referred
+to, and which this respondent then sent for, when it was produced. It is
+as follows:
+
+
+ GENERAL ORDERS, No, 17.
+
+ WAR DEPARTMENT,
+
+ ADJUTANT-GENERALS OFFICE,
+
+ _Washington, March 14, 1867_.
+
+ The following acts of Congress are published for the information and
+ government of all concerned:
+
+ * * * * * * *
+
+ "II.--PUBLIC--No. 85.
+
+ "An act making appropriations for the support of the Army for the year
+ ending June 30, 1868, and for other purposes.
+
+ * * * * * * *
+
+ "SEC. 2. _And be it further enacted_, That the headquarters of the
+ General of the Army of the United States shall be at the city of
+ Washington, and all orders and instructions relating to military
+ operations issued by the President or Secretary of War shall be issued
+ through the General of the Army, and in case of his inability through
+ the next in rank. The General of the Army shall not be removed,
+ suspended, or relieved from command, or assigned to duty elsewhere than
+ at said headquarters, except at his own request, without the previous
+ approval of the Senate; and any orders or instructions relating to
+ military operations issued contrary to the requirements of this section
+ shall be null and void; and any officer who shall issue orders or
+ instructions contrary to the provisions of this section shall be deemed
+ guilty of a misdemeanor in office; and any officer of the Army who shall
+ transmit, convey, or obey any orders or instructions so issued contrary
+ to the provisions of this section, knowing that such orders were so
+ issued, shall be liable to imprisonment for not less than two nor more
+ than twenty years upon conviction thereof in any court of competent
+ jurisdiction.
+
+ * * * * * * *
+
+ "Approved, March 2, 1867."
+
+ * * * * * * *
+
+ By order of the Secretary of War:
+
+ E.D. TOWNSEND,
+
+ _Assistant Adjutant-General_.
+
+ Official:
+
+ -------- --------,
+
+ _Assistant Adjutant-General_.
+
+
+General Emory not only called the attention of respondent to this order,
+but to the fact that it was in conformity with a section contained in an
+appropriation act passed by Congress. Respondent, after reading the
+order, observed:
+
+This is not in accordance with the Constitution of the United States,
+which makes me Commander in Chief of the Army and Navy, or of the
+language of the commission which you hold.
+
+General Emory then stated that this order had met the respondent's
+approval. Respondent then said in reply, in substance:
+
+
+ Am I to understand that the President of the United States can not give
+ an order but through the General in Chief, or General Grant?
+
+
+General Emory again reiterated the statement that it had met
+respondent's approval, and that it was the opinion of some of the
+leading lawyers of the country that this order was constitutional. With
+some further conversation, respondent then inquired the names of the
+lawyers who had given the opinion, and he mentioned the names of two.
+Respondent then said that the object of the law was very evident,
+referring to the clause in the appropriation act upon which the order
+purported to be based. This, according to respondent's recollection,
+was the substance of the conversation had with General Emory.
+
+Respondent denies that any allegations in the said article of any
+instructions or declarations given to the said Emory then or at any
+other time contrary to or in addition to what is hereinbefore set forth
+are true. Respondent denies that in said conversation with said Emory he
+had any other intent than to express the opinion then given to the said
+Emory, nor did he then or at any time request or order the said Emory
+to disobey any law or any order issued in conformity with any law,
+or intend to offer any inducement to the said Emory to violate any
+law. What this respondent then said to General Emory was simply the
+expression of an opinion which he then fully believed to be sound,
+and which he yet believes to be so, and that is that by the express
+provisions of the Constitution this respondent, as President, is made
+the Commander in Chief of the armies of the United States, and as such
+he is to be respected, and that his orders, whether issued through the
+War Department, or through the General in Chief, or by any other channel
+of communication, are entitled to respect and obedience, and that such
+constitutional power can not be taken from him by virtue of any act of
+Congress. Respondent doth therefore deny that by the expression of such
+opinion he did commit or was guilty of a high misdemeanor in office;
+and the respondent doth further say that the said Article IX lays no
+foundation whatever for the conclusion stated in the said article, that
+the respondent, by reason of the allegations therein contained, was
+guilty of a high misdemeanor in office.
+
+In reference to the statement made by General Emory that this respondent
+had approved of said act of Congress containing the section referred to,
+the respondent admits that his formal approval was given to said act,
+but accompanied the same by the following message, addressed and sent
+with the act to the House of Representatives, in which House the said
+act originated, and from which it came to respondent:
+
+
+ WASHINGTON, D.C., _March 2, 1867_.
+
+ _To the House of Representatives_:
+
+ The act entitled "An act making appropriations for the support of
+ the Army for the year ending June 30, 1868, and for other purposes,"
+ contains provisions to which I must call attention. These provisions
+ are contained in the second section, which in certain cases virtually
+ deprives the President of his constitutional functions as Commander in
+ Chief of the Army, and in the sixth section, which denies to ten States
+ of the Union their constitutional right to protect themselves in any
+ emergency by means of their own militia. These provisions are out of
+ place in an appropriation act, but I am compelled to defeat these
+ necessary appropriations if I withhold my signature from the act.
+ Pressed by these considerations, I feel constrained to return the bill
+ with my signature, but to accompany it with my earnest protest against
+ the sections which I have indicated.
+
+
+Respondent, therefore, did no more than to express to said Emory the
+same opinion which he had so expressed to the House of Representatives.
+
+_Answer to Article X_.--And in answer to the tenth article and
+specifications thereof the respondent says that on the 14th and 15th
+days of August, in the year 1866, a political convention of delegates
+from all or most of the States and Territories of the Union was held
+in the city of Philadelphia, under the name and style of the National
+Union Convention, for the purpose of maintaining and advancing certain
+political views and opinions before the people of the United States, and
+for their support and adoption in the exercise of the constitutional
+suffrage in the elections of Representatives and Delegates in Congress
+which were soon to occur in many of the States and Territories of the
+Union; which said convention, in the course of its proceedings, and
+in furtherance of the objects of the same, adopted a "Declaration of
+principles" and "An address to the people of the United States," and
+appointed a committee of two of its members from each State and of one
+from each Territory and one from the District of Columbia to wait upon
+the President of the United States and present to him a copy of the
+proceedings of the convention; that on the 18th day of said month of
+August this committee waited upon the President of the United States
+at the Executive Mansion, and was received by him in one of the rooms
+thereof, and by their chairman, Hon. Reverdy Johnson, then and now
+a Senator of the United States, acting and speaking in their behalf,
+presented a copy of the proceedings of the convention and addressed the
+President of the United States in a speech of which a copy (according
+to a published report of the same, and, as the respondent believes,
+substantially a correct report) is hereto annexed as a part of this
+answer, and marked Exhibit C.
+
+That thereupon, and in reply to the address of said committee by their
+chairman, this respondent addressed the said committee so waiting upon
+him in one of the rooms of the Executive Mansion; and this respondent
+believes that this his address to said committee is the occasion
+referred to in the first specification of the tenth article; but this
+respondent does not admit that the passages therein set forth, as if
+extracts from a speech or address of this respondent upon said occasion,
+correctly or justly present his speech or address upon said occasion,
+but, on the contrary, this respondent demands and insists that if
+this honorable court shall deem the said article and the said first
+specification thereof to contain allegation of matter cognizable by
+this honorable court as a high misdemeanor in office within the intent
+and meaning of the Constitution of the United States, and shall receive
+or allow proof in support of the same, that proof shall be required
+to be made of the actual speech and address of this respondent on
+said occasion, which this respondent denies that said article and
+specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article and the
+specifications thereof, says that at Cleveland, in the State of Ohio,
+and on the 3d day of September, in the year 1866, he was attended by a
+large assemblage of his fellow-citizens, and in deference and obedience
+to their call and demand he addressed them upon matters of public and
+political consideration; and this respondent believes that said occasion
+and address are referred to in the second specification of the tenth
+article; but this respondent does not admit that the passages therein
+set forth, as if extracts from a speech of this respondent on said
+occasion, correctly or justly present his speech or address upon said
+occasion, but, on the contrary, this respondent demands and insists that
+if this honorable court shall deem the said article and the said second
+specification thereof to contain allegation of matter cognizable by this
+honorable court as a high misdemeanor in office within the intent and
+meaning of the Constitution of the United States, and shall receive or
+allow proof in support of the same, that proof shall be required to be
+made of the actual speech and address of this respondent on said
+occasion, which this respondent denies that said article and
+specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article and the
+specifications thereof, says that at St. Louis, in the State of
+Missouri, and on the 8th day of September, in the year 1866, he was
+attended by a numerous assemblage of his fellow-citizens, and in
+deference and obedience to their call and demand he addressed them upon
+matters of public and political consideration; and this respondent
+believes that said occasion and address are referred to in the third
+specification of the tenth article; but this respondent does not admit
+that the passages therein set forth, as if extracts from a speech of
+this respondent on said occasion, correctly or justly present his speech
+or address upon said occasion, but, on the contrary, this respondent
+demands and insists that if this honorable court shall deem the said
+article and the said third specification thereof to contain allegation
+of matter cognizable by this honorable court as a high misdemeanor in
+office within the intent and meaning of the Constitution of the United
+States, and shall receive or allow proof in support of the same, that
+proof shall be required to be made of the actual speech and address of
+this respondent on said occasion, which this respondent denies that the
+said article and specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article, protesting
+that he has not been unmindful of the high duties of his office or of
+the harmony or courtesies which ought to exist and be maintained between
+the executive and legislative branches of the Government of the United
+States, denies that he has ever intended or designed to set aside the
+rightful authority or powers of Congress, or attempted to bring into
+disgrace, ridicule, hatred, contempt, or reproach the Congress of the
+United States, or either branch thereof, or to impair or destroy the
+regard or respect of all or any of the good people of the United States
+for the Congress or the rightful legislative power thereof, or to excite
+the odium or resentment of all or any of the good people of the United
+States against Congress and the laws by it duly and constitutionally
+enacted. This respondent further says that at all times he has, in his
+official acts as President, recognized the authority of the several
+Congresses of the United States as constituted and organized during his
+administration of the office of President of the United States.
+
+And this respondent, further answering, says that he has from time
+to time, under his constitutional right and duty as President of the
+United States, communicated to Congress his views and opinions in
+regard to such acts or resolutions thereof as, being submitted to him
+as President of the United States in pursuance of the Constitution,
+seemed to this respondent to require such communications; and he has
+from time to time, in the exercise of that freedom of speech which
+belongs to him as a citizen of the United States, and, in his political
+relations as President of the United States to the people of the United
+States, is upon fit occasions a duty of the highest obligation, expressed
+to his fellow-citizens his views and opinions respecting the measures
+and proceedings of Congress; and that in such addresses to his
+fellow-citizens and in such his communications to Congress he has
+expressed his views, opinions, and judgment of and concerning the actual
+constitution of the two Houses of Congress, without representation
+therein of certain States of the Union, and of the effect that in wisdom
+and justice, in the opinion and judgment of this respondent, Congress
+in its legislation and proceedings should give to this political
+circumstance; and whatsoever he has thus communicated to Congress
+or addressed to his fellow-citizens or any assemblage thereof this
+respondent says was and is within and according to his right and
+privilege as an American citizen and his right and duty as President
+of the United States.
+
+And this respondent, not waiving or at all disparaging his right
+of freedom of opinion and of freedom of speech, as hereinbefore or
+hereinafter more particularly set forth, but claiming and insisting upon
+the same, further answering the said tenth article, says that the views
+and opinions expressed by this respondent in his said addresses to
+the assemblages of his fellow-citizens, as in said articles or in this
+answer thereto mentioned, are not and were not intended to be other
+or different from those expressed by him in his communications to
+Congress--that the eleven States lately in insurrection never had
+ceased to be States of the Union, and that they were then entitled
+to representation in Congress by loyal Representatives and Senators
+as fully as the other States of the Union, and that consequently the
+Congress as then constituted was not in fact a Congress of all the
+States, but a Congress of only a part of the States. This respondent,
+always protesting against the unauthorized exclusion therefrom of the
+said eleven States, nevertheless gave his assent to all laws passed by
+said Congress which did not, in his opinion and judgment, violate the
+Constitution, exercising his constitutional authority of returning bills
+to said Congress with his objections when they appeared to him to be
+unconstitutional or inexpedient.
+
+And further, this respondent has also expressed the opinion, both in
+his communications to Congress and in his addresses to the people, that
+the policy adopted by Congress in reference to the States lately in
+insurrection did not tend to peace, harmony, and union, but, on the
+contrary, did tend to disunion and the permanent disruption of the
+States, and that in following its said policy laws had been passed by
+Congress in violation of the fundamental principles of the Government,
+and which tended to consolidation and despotism; and such being his
+deliberate opinions, he would have felt himself unmindful of the
+high duties of his office if he had failed to express them in his
+communications to Congress or in his addresses to the people when called
+upon by them to express his opinions on matters of public and political
+consideration.
+
+And this respondent, further answering the tenth article, says that he
+has always claimed and insisted, and now claims and insists, that both
+in the personal and private capacity of a citizen of the United States
+and in the political relations of the President of the United States to
+the people of the United States, whose servant, under the duties and
+responsibilities of the Constitution of the United States, the President
+of the United States is and should always remain, this respondent had
+and has the full right, and in his office of President of the United
+States is held to the high duty, of forming, and on fit occasions
+expressing, opinions of and concerning the legislation of Congress,
+proposed or completed, in respect of its wisdom, expediency, justice,
+worthiness, objects, purposes, and public and political motives and
+tendencies, and within and as a part of such right and duty to form,
+and on fit occasions to express, opinions of and concerning the public
+character and conduct, views, purposes, objects, motives, and tendencies
+of all men engaged in the public service, as well in Congress as
+otherwise, and under no other rules or limits upon this right of
+freedom of opinion and of freedom of speech, or of responsibility and
+amenability for the actual exercise of such freedom of opinion and
+freedom of speech, than attend upon such rights and their exercise on
+the part of all other citizens of the United States and on the part of
+all their public servants.
+
+And this respondent, further answering said tenth article, says
+that the several occasions on which, as is alleged in the several
+specifications of said article, this respondent addressed his
+fellow-citizens on subjects of public and political considerations were
+not, nor was any one of them, sought or planned by this respondent, but,
+on the contrary, each of said occasions arose upon the exercise of a
+lawful and accustomed right of the people of the United States to call
+upon their public servants and express to them their opinions, wishes,
+and feelings upon matters of public and political consideration, and to
+invite from such their public servants an expression of their opinions,
+views, and feelings on matters of public and political consideration;
+and this respondent claims and insists before this honorable court, and
+before all the people of the United States, that of or concerning this
+his right of freedom of opinion and of freedom of speech, and this
+his exercise of such rights on all matters of public and political
+consideration, and in respect of all public servants or persons
+whatsoever engaged in or connected therewith, this respondent, as
+a citizen or as President of the United States, is not subject to
+question, inquisition, impeachment, or inculpation in any form or
+manner whatsoever.
+
+And this respondent says that neither the said tenth article nor any
+specification thereof nor any allegation therein contained touches or
+relates to any official act or doing of this respondent in the office
+of President of the United States or in the discharge of any of its
+constitutional or legal duties or responsibilities; but said article and
+the specifications and allegations thereof, wholly and in every part
+thereof, question only the discretion or propriety of freedom of opinion
+or freedom, of speech as exercised by this respondent as a citizen of
+the United States in his personal right and capacity, and without
+allegation or imputation against this respondent of the violation of any
+law of the United States touching or relating to freedom of speech or
+its exercise by the citizens of the United States or by this respondent
+as one of the said citizens or otherwise; and he denies that by reason
+of any matter in said article or its specifications alleged he has said
+or done anything indecent or unbecoming in the Chief Magistrate of the
+United States, or that he has brought the high office of President of
+the United States into contempt, ridicule, or disgrace, or that he has
+committed or has been guilty of a high misdemeanor in office.
+
+_Answer to Article XI_.--And in answer to the eleventh article this
+respondent denies that on the 18th day of August, in the year 1866, at
+the city of Washington, in the District of Columbia, he did, by public
+speech or otherwise, declare or affirm, in substance or at all, that the
+Thirty-ninth Congress of the United States was not a Congress of the
+United States authorized by the Constitution to exercise legislative
+power under the same, or that he did then and there declare or affirm
+that the said Thirty-ninth Congress was a Congress of only part of the
+States in any sense or meaning other than that ten States of the Union
+were denied representation therein, or that he made any or either of
+the declarations or affirmations in this behalf in the said article
+alleged as denying or intending to deny that the legislation of said
+Thirty-ninth Congress was valid or obligatory upon this respondent
+except so far as this respondent saw fit to approve the same; and as to
+the allegation in said article that he did thereby intend or mean to be
+understood that the said Congress had not power to propose amendments
+to the Constitution, this respondent says that in said address he said
+nothing in reference to the subject of amendments of the Constitution,
+nor was the question of the competency of the said Congress to propose
+such amendments, without the participation of said excluded States,
+at the time of said address in any way mentioned or considered or
+referred to by this respondent, nor in what he did say had he any
+intent regarding the same; and he denies the allegations so made
+to the contrary thereof. But this respondent, in further answer to
+and in respect of the said allegations of the said eleventh article
+hereinbefore traversed and denied, claims and insists upon his personal
+and official right of freedom of opinion and freedom of speech, and his
+duty in his political relations as President of the United States to the
+people of the United States in the exercise of such freedom of opinion
+and freedom of speech, in the same manner, form, and effect as he has
+in this behalf stated the same in his answer to the said tenth article,
+and with the same effect as if he here repeated the same; and he further
+claims and insists, as in said answer to said tenth article he has
+claimed and insisted, that he is not subject to question, inquisition,
+impeachment or inculpation, in any form or manner, of or concerning such
+rights of freedom of opinion or freedom of speech, or his said alleged
+exercise thereof.
+
+And this respondent further denies that on the 21st day of February,
+in the year 1868, or at any other time, at the city of Washington, in
+the District of Columbia, in pursuance of any such declaration as in
+that behalf in said eleventh article alleged, or otherwise, he did
+unlawfully, and in disregard of the requirement of the Constitution that
+he should take care that the laws should be faithfully executed, attempt
+to prevent the execution of an act entitled "An act regulating the
+tenure of certain civil offices," passed March 2, 1867, by unlawfully
+devising or contriving, or attempting to devise or contrive, means by
+which he should prevent Edwin M. Stanton from forthwith resuming the
+functions of Secretary for the Department of War, or by unlawfully
+devising or contriving, or attempting to devise or contrive, means to
+prevent the execution of an act entitled "An act making appropriations
+for the support of the Army for the fiscal year ending June 30, 1868,
+and for other purposes," approved March 2, 1867, or to prevent the
+execution of an act entitled "An act to provide for the more efficient
+government of the rebel States," passed March 2, 1867.
+
+And this respondent, further answering the said eleventh article, says
+that he has in his answer to the first article set forth in detail the
+acts, steps, and proceedings done and taken by this respondent to and
+toward or in the matter of the suspension or removal of the said Edwin
+M. Stanton in or from the office of Secretary for the Department of War,
+with the times, modes, circumstances, intents, views, purposes, and
+opinions of official obligations and duty under and with which such
+acts, steps, and proceedings were done and taken; and he makes answer to
+this eleventh article of the matters in his answer to the first article
+pertaining to the suspension or removal of said Edwin M. Stanton, to the
+same intent and effect as if they were here repeated and set forth.
+
+And this respondent, further answering the said eleventh article,
+denies that by means or reason of anything in said article alleged this
+respondent, as President of the United States, did, on the 21st day of
+February, 1868, or at any other day or time, commit or that he was
+guilty of a high misdemeanor in office.
+
+And this respondent, further answering the said eleventh article, says
+that the same and the matters therein contained do not charge or allege
+the commission of any act whatever by this respondent in his office of
+President of the United States, nor the omission by this respondent of
+any act of official obligation or duty in his office of President of
+the United States; nor does the said article nor the matters therein
+contained name, designate, describe, or define any act or mode or form
+of attempt, device, contrivance, or means, or of attempt at device,
+contrivance, or means, whereby this respondent can know or understand
+what act or mode or form of attempt, device, contrivance, or means, or
+of attempt at device, contrivance, or means, are imputed to or charged
+against this respondent in his office of President of the United States,
+or intended so to be, or whereby this respondent can more fully or
+definitely make answer unto the said article than he hereby does.
+
+And this respondent, in submitting to this honorable court this
+his answer to the articles of impeachment exhibited against him,
+respectfully reserves leave to amend and add to the same from time to
+time, as may become necessary or proper, and when and as such necessity
+and propriety shall appear.
+
+ANDREW JOHNSON.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ THOMAS A.R. NELSON,
+ WILLIAM M. EVARTS,
+ W.S. GROESBECK,
+
+_Of Counsel_.
+
+
+
+[For Exhibits A and B see veto message of March 2, 1867, pp. 492-498,
+and special message of December 12, 1867, pp. 583-594.]
+
+
+
+EXHIBIT C.
+
+ADDRESS TO THE PRESIDENT BY HON. REVERDY JOHNSON, AUGUST, 18, 1866.
+
+Mr. PRESIDENT: We are before you as a committee of the National Union
+Convention, which met in Philadelphia on Tuesday, the 14th instant,
+charged with the duty of presenting you with an authentic copy of its
+proceedings.
+
+Before placing it in your hands you will permit us to congratulate
+you that in the object for which the convention was called, in the
+enthusiasm with which in every State and Territory the call was
+responded to, in the unbroken harmony of its deliberations, in the
+unanimity with which the principles it has declared were adopted, and
+more especially in the patriotic and constitutional character of the
+principles themselves, we are confident that you and the country will
+find gratifying and cheering evidence that there exists among the people
+a public sentiment which renders an early and complete restoration of
+the Union as established by the Constitution certain and inevitable.
+Party faction, seeking the continuance of its misrule, may momentarily
+delay it, but the principles of political liberty for which our
+fathers successfully contended, and to secure which they adopted the
+Constitution, are so glaringly inconsistent with the condition in
+which the country has been placed by such misrule that it will not
+be permitted a much longer duration.
+
+We wish, Mr. President, you could have witnessed the spirit of concord
+and brotherly affection which animated every member of the convention.
+Great as your confidence has ever been in the intelligence and
+patriotism of your fellow-citizens, in their deep devotion to the Union
+and their present determination to reinstate and maintain it, that
+confidence would have become a positive conviction could you have seen
+and heard all that was done and said upon the occasion. Every heart
+was evidently full of joy; every eye beamed with patriotic animation;
+despondency gave place to the assurance that, our late dreadful civil
+strife ended, the blissful reign of peace, under the protection, not of
+arms, but of the Constitution and laws, would have sway, and be in every
+part of our land cheerfully acknowledged and in perfect good faith
+obeyed. You would not have doubted that the recurrence of dangerous
+domestic insurrections in the future is not to be apprehended.
+
+If you could have seen the men of Massachusetts and South Carolina
+coming into the convention on the first day of its meeting hand in hand,
+amid the rapturous applause of the whole body, awakened by heartfelt
+gratification at the event, filling the eyes of thousands with tears of
+joy, which they neither could nor desired to repress, you would have
+felt, as every person present felt, that the time had arrived when all
+sectional or other perilous dissensions had ceased, and that nothing
+should be heard in the future but the voice of harmony proclaiming
+devotion to a common country, of pride in being bound together by a
+common Union, existing and protected by forms of government proved by
+experience to be eminently fitted for the exigencies of either war or
+peace.
+
+In the principles announced by the convention and in the feeling there
+manifested we have every assurance that harmony throughout our entire
+land will soon prevail. We know that as in former days, as was
+eloquently declared by Webster, the nation's most gifted statesman,
+Massachusetts and South Carolina went "shoulder to shoulder through the
+Revolution" and stood hand in hand "around the Administration of
+Washington and felt his own great arm lean on them for support," so will
+they again, with like magnanimity, devotion, and power, stand round your
+Administration and cause you to feel that you may also lean on them for
+support.
+
+In the proceedings, Mr. President, which we are to place in your hands
+you will find that the convention performed the grateful duty imposed
+upon them by their knowledge of your "devotion to the Constitution and
+laws and interests of your country," as illustrated by your entire
+Presidential career, of declaring that in you they "recognize a Chief
+Magistrate worthy of the nation and equal to the great crisis upon
+which your lot is cast;" and in this declaration it gives us marked
+pleasure to add we are confident that the convention has but spoken the
+intelligent and patriotic sentiment of the country. Ever inaccessible to
+the low influences which often control the mere partisan, governed alone
+by an honest opinion of constitutional obligations and rights and of the
+duty of looking solely to the true interests, safety, and honor of the
+nation, such a class is incapable of resorting to any bait for
+popularity at the expense of the public good.
+
+In the measures which you have adopted for the restoration of the Union
+the convention saw only a continuance of the policy which for the same
+purpose was inaugurated by your immediate predecessor. In his reelection
+by the people, after that policy had been fully indicated and had been
+made one of the issues of the contest, those of his political friends
+who are now assailing you for sternly pursuing it are forgetful or
+regardless of the opinions which their support of his reelection
+necessarily involved. Being upon the same ticket with that much-lamented
+public servant, whose foul assassination touched the heart of the
+civilized world with grief and horror, you would have been false to
+obvious duty if you had not endeavored to carry out the same policy;
+and, judging now by the opposite one which Congress has pursued, its
+wisdom and patriotism are indicated by the fact that that of Congress
+has but continued a broken Union by keeping ten of the States in which
+at one time the insurrection existed (as far as they could accomplish
+it) in the condition of subjugated provinces, denying to them the right
+to be represented, while subjecting their people to every species of
+legislation, including that of taxation. That such a state of things is
+at war with the very genius of our Government, inconsistent with every
+idea of political freedom, and most perilous to the peace and safety of
+the country no reflecting man can fail to believe.
+
+We hope, sir, that the proceedings of the convention will cause you to
+adhere, if possible, with even greater firmness to the course which you
+are pursuing, by satisfying you that the people are with you, and that
+the wish which lies nearest to their heart is that a perfect restoration
+of our Union at the earliest moment be attained, and a conviction that
+the result can only be accomplished by the measures which you are
+pursuing. And in the discharge of the duties which these impose upon
+you we, as did every member of the convention, again for ourselves
+individually tender to you our profound respect and assurance of our
+cordial and sincere support.
+
+With a reunited Union, with no foot but that of a freeman treading or
+permitted to tread our soil, with a nation's faith pledged forever to a
+strict observance of all its obligations, with kindness and fraternal
+love everywhere prevailing, the desolations of war will soon be removed;
+its sacrifices of life, sad as they have been, will, with Christian
+resignation, be referred to a providential purpose of fixing our beloved
+country on a firm and enduring basis, which will forever place our
+liberty and happiness beyond the reach of human peril.
+
+Then, too, and forever, will our Government challenge the admiration and
+receive the respect of the nations of the world, and be in no danger of
+any efforts to impeach our honor.
+
+And permit me, sir, in conclusion, to add that, great as is your
+solicitude for the restoration of our domestic peace and your labors
+to that end, you have also a watchful eye to the rights of the nation,
+and that any attempt by an assumed or actual foreign power to enforce
+an illegal blockade against the Government or citizens of the United
+States, to use your own mild but expressive words, "will be disallowed."
+In this determination I am sure you will receive the unanimous approval
+of your fellow-citizens.
+
+Now, sir, as the chairman of this committee, and in behalf of the
+convention, I have the honor to present you with an authentic copy
+of its proceedings.
+
+
+ Counsel for the respondent submitted the following motion:
+
+ _To the Senate of the United States sitting as a court of impeachment_:
+
+ And now, on this 23d day of March, in the year 1868, the counsel for
+ the President of the United States, upon reading and filing his answer
+ to the articles of impeachment exhibited against him, respectfully
+ represent to the honorable court that after the replication shall have
+ been filed to the said answer the due and proper preparation of and for
+ the trial of the cause will require, in the opinion and judgment of such
+ counsel, that a period of not less than thirty days should be allowed to
+ the President of the United States and his counsel for such preparation,
+ and before the said trial should proceed.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ THOMAS A.R. NELSON,
+ WM. M. EVARTS,
+ W.S. GROESBECK,
+
+ _Of Counsel_.
+
+
+
+TUESDAY, MARCH 24, 1868.
+
+UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES TO
+THE ANSWER OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, TO THE
+ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+REPRESENTATIVES.
+
+The House of Representatives of the United States have considered the
+several answers of Andrew Johnson, President of the United States, to
+the several articles of impeachment against him, by them exhibited in
+the name of themselves and of all the people of the United States, and
+reserving to themselves all advantage of exception to the insufficiency
+of his answer to each and all of the several articles of impeachment
+exhibited against said Andrew Johnson, President of the United States,
+do deny each and every averment in said several answers, or either
+of them, which denies or traverses the acts, intents, crimes, or
+misdemeanors charged against said Andrew Johnson in the said articles of
+impeachment, or either of them, and for replication to the said answer
+do say that said Andrew Johnson, President of the United States, is
+guilty of the high crimes and misdemeanors mentioned in said articles,
+and that the House of Representatives are ready to prove the same.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+EDW'D McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+The motion of the counsel for the respondent, submitted on March 23,
+"that a period of not less than thirty days should be allowed to the
+President of the United States and his counsel for such preparation and
+before the said trial should proceed," was denied, and it was
+
+ _Ordered_. That the Senate will commence the trial of the President
+ upon the articles of impeachment exhibited against him on Monday, the
+ 30th of March instant, and proceed therein with all convenient dispatch
+ under the rules of the Senate sitting upon the trial of an impeachment.
+
+
+
+MONDAY, MAY 11, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice stated that in compliance with the desire of the
+Senate he had prepared the question to be addressed to Senators upon
+each article of impeachment, and that he had reduced his views thereon
+to writing, which he read, as follows:
+
+SENATORS: In conformity with what seemed to be the general wish of the
+Senate when it adjourned last Thursday, the Chief Justice, in taking the
+vote on the articles of impeachment, will adopt the mode sanctioned by
+the practice in the cases of Chase, Peck, and Humphreys.
+
+He will direct the Secretary to read the several articles successively,
+and after the reading of each article will put the question of guilty or
+not guilty to each Senator, rising in his place, in the form used in the
+case of Judge Chase:
+
+ Mr. Senator ----, how say you? Is the respondent, Andrew Johnson,
+ President of the United States, guilty or not guilty of a high
+ misdemeanor, as charged in this article?
+
+
+In putting the question on Articles IV and VI, each of which charges a
+crime, the word "crime" will be substituted for the word "misdemeanor."
+
+The Chief Justice has carefully considered the suggestion of the Senator
+from Indiana (Mr. Hendricks), which appeared to meet the approval of the
+Senate, that in taking the vote on the eleventh article the question
+should be put on each clause, and has found himself unable to divide the
+article as suggested. The article charges several facts, but they are so
+connected that they make but one allegation and they are charged as
+constituting one misdemeanor.
+
+The first fact charged is, in substance, that the President publicly
+declared in August, 1866, that the Thirty-ninth Congress was a Congress
+of only part of the States and not a constitutional Congress, intending
+thereby to deny its constitutional competency to enact laws or propose
+amendments of the Constitution; and this charge seems to have been made
+as introductory, and as qualifying that which follows, namely, that the
+President, in pursuance of this declaration, attempted to prevent the
+execution of the tenure-of-office act by contriving and attempting to
+contrive means to prevent Mr. Stanton from resuming the functions of
+Secretary of War after the refusal of the Senate to concur in his
+suspension, and also by contriving and attempting to contrive means to
+prevent the execution of the appropriation act of March 2, 1867, and
+also to prevent the execution of the rebel States governments act of
+the same date.
+
+The gravamen of the article seems to be that the President attempted
+to defeat the execution of the tenure-of-office act, and that he
+did this in pursuance of a declaration which was intended to deny
+the constitutional competency of Congress to enact laws or propose
+constitutional amendments, and by contriving means to prevent Mr.
+Stanton from resuming his office of Secretary, and also to prevent the
+execution of the appropriation act and the rebel States governments act.
+
+The single substantive matter charged is the attempt to prevent the
+execution of the tenure-of-office act, and the other facts are alleged
+either as introductory and exhibiting this general purpose or as showing
+the means contrived in furtherance of that attempt.
+
+This single matter, connected with the other matters previously and
+subsequently alleged, is charged as the high misdemeanor of which the
+President is alleged to have been guilty.
+
+The general question, guilty or not guilty of a high misdemeanor as
+charged, seems fully to cover the whole charge, and will be put as to
+this article as well as to the others, unless the Senate direct some
+mode of division.
+
+In the tenth article the division suggested by the Senator from New York
+(Mr. Conkling) may be more easily made. It contains a general allegation
+to the effect that on the 18th of August and on other days the
+President, with intent to set aside the rightful authority of Congress
+and bring it into contempt, delivered certain scandalous harangues, and
+therein uttered loud threats and bitter menaces against Congress and the
+laws of the United States enacted by Congress, thereby bringing the
+office of President into disgrace, to the great scandal of all good
+citizens, and sets forth in three distinct specifications the harangues,
+threats, and menaces complained of.
+
+In respect to this article, if the Senate sees fit so to direct, the
+question of guilty or not guilty of the facts charged may be taken in
+respect to the several specifications, and then the question of guilty
+or not guilty of a high misdemeanor, as charged in the article, can also
+be taken.
+
+The Chief Justice, however, sees no objection to putting the general
+question on this article in the same manner as on the others; for,
+whether particular questions be put on the specifications or not, the
+answer to the final question must be determined by the judgment of the
+Senate whether or not the facts alleged in the specifications have been
+sufficiently proved, and whether, if sufficiently proved, they amount
+to a high misdemeanor within the meaning of the Constitution.
+
+On the whole, therefore, the Chief Justice thinks that the better
+practice will be to put the general question on each article without
+attempting to make any subdivision, and will pursue this course if no
+objection is made. He will, however, be pleased to conform to such
+directions as the Senate may see fit to give in this respect.
+
+Whereupon it was
+
+ _Ordered_, That the question be put as proposed by the Presiding
+ Officer of the Senate, and each Senator shall rise in his place and
+ answer "guilty" or "not guilty" only.
+
+
+
+SATURDAY, MAY 16, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice stated that, in pursuance of the order of the Senate,
+he would first proceed to take the judgment of the Senate on the
+eleventh article. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade,
+Williams, Willey, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators "not guilty," and declared that
+two-thirds of the Senators present not having pronounced him guilty,
+Andrew Johnson, President of the United States, stood acquitted of the
+charges contained in the eleventh article of impeachment.
+
+
+
+TUESDAY, MAY 26, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Senate ordered that the vote be taken upon the second article of
+impeachment. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+Williams, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators had voted "not guilty," and
+declared that two-thirds of the Senators present not having pronounced
+him guilty, Andrew Johnson, President of the United States, stood
+acquitted of the charges contained in the second article of impeachment.
+
+The Senate ordered that the vote be taken upon the third article of
+impeachment. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+Williams, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators had voted "not guilty," and
+declared that two-thirds of the Senators present not having pronounced
+him guilty, Andrew Johnson, President of the United States, stood
+acquitted of the charges contained in the third article.
+
+No objection being made, the secretary, by direction of the Chief
+Justice, entered the judgment of the Senate upon the second, third,
+and eleventh articles, as follows:
+
+The Senate having tried Andrew Johnson, President of the United States,
+upon articles of impeachment exhibited against him by the House of
+Representatives, and two-thirds of the Senators present not having found
+him guilty of the charges contained in the second, third, and eleventh
+articles of impeachment, it is therefore
+
+_Ordered and adjudged_, That the said Andrew Johnson, President of the
+United States, be, and he is, acquitted of the charges in said articles
+made and set forth.
+
+A motion "that the Senate sitting for the trial of the President upon
+articles of impeachment do now adjourn without day" was adopted by a
+vote of 34 yeas to 16 nays.
+
+Those who voted in the affirmative are Messrs. Anthony, Cameron,
+Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Maine, Morrill
+of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey,
+Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade,
+Willey, Williams, Wilson, and Yates.
+
+Those who voted in the negative are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery,
+Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, and Vickers.
+
+The Chief Justice declared the Senate sitting as a court of impeachment
+for the trial of Andrew Johnson, President of the United States, upon
+articles of impeachment exhibited against him by the House of
+Representatives, adjourned without day.
+
+
+
+
+ADDENDA.
+
+
+[An injunction of secrecy having been placed upon the following messages
+by the Senate, they were not printed in the Executive Journal covering
+their period, but were found in the imprinted Executive Journal of the
+Forty-first Congress while searching for copy for Volume VII, and
+consequently too late for insertion in their proper places in this
+volume.]
+
+
+
+WASHINGTON, _January 29, 1869_.
+
+_To the Senate_:
+
+Referring to the three Executive communications of the 15th instant,
+with which were transmitted to the Senate, respectively, a copy of a
+convention between the United States and Great Britain upon the subject
+of claims, a copy of a convention between the same parties in relation
+to the question of boundary, and a protocol of a treaty between the same
+parties concerning the rights of naturalized citizens and subjects of
+the respective parties, I now transmit a copy of such correspondence
+upon those subjects as has not been heretofore communicated to the
+Senate.
+
+In the progress of the negotiation the three subjects became to such a
+degree associated with each other that it would be difficult to present
+separately the correspondence upon each. The papers are therefore
+transmitted in the order in which they are mentioned in the accompanying
+list.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to the Executive communication of the 15th instant, which
+was accompanied by a copy of a convention between the United States
+and Great Britain for the settlement of all outstanding claims, I now
+transmit to the Senate the original of that instrument, and a report of
+the Secretary of State pointing out the differences between the copy as
+submitted to the Senate and the original as signed by the
+plenipotentiaries.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to the Executive communication of the 15th instant, which was
+accompanied by a copy of a convention between the United States and
+Great Britain providing for the reference to an arbiter of the question
+of difference between the United States and Great Britain concerning the
+northwest line of water boundary between the United States and the
+British possessions in North America, I now transmit to the Senate the
+original of that instrument, and a report of the Secretary of State
+pointing out the differences between the copy as submitted to the Senate
+and the original as signed by the plenipotentiaries.
+
+ANDREW JOHNSON.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
+*** END OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+***** This file should be named 12755-8.txt or 12755-8.zip *****
+This and all associated files of various formats will be found in:
+ https://www.gutenberg.org/1/2/7/5/12755/
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties. Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark. Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission. If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy. You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research. They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks. Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+https://gutenberg.org/license).
+
+
+Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A. By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement. If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B. "Project Gutenberg" is a registered trademark. It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement. There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement. See
+paragraph 1.C below. There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works. See paragraph 1.E below.
+
+1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works. Nearly all the individual works in the
+collection are in the public domain in the United States. If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed. Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work. You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D. The copyright laws of the place where you are located also govern
+what you can do with this work. Copyright laws in most countries are in
+a constant state of change. If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work. The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E. Unless you have removed all references to Project Gutenberg:
+
+1.E.1. The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2. If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges. If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3. If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder. Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5. Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6. You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form. However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form. Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7. Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8. You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+ the use of Project Gutenberg-tm works calculated using the method
+ you already use to calculate your applicable taxes. The fee is
+ owed to the owner of the Project Gutenberg-tm trademark, but he
+ has agreed to donate royalties under this paragraph to the
+ Project Gutenberg Literary Archive Foundation. Royalty payments
+ must be paid within 60 days following each date on which you
+ prepare (or are legally required to prepare) your periodic tax
+ returns. Royalty payments should be clearly marked as such and
+ sent to the Project Gutenberg Literary Archive Foundation at the
+ address specified in Section 4, "Information about donations to
+ the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+ you in writing (or by e-mail) within 30 days of receipt that s/he
+ does not agree to the terms of the full Project Gutenberg-tm
+ License. You must require such a user to return or
+ destroy all copies of the works possessed in a physical medium
+ and discontinue all use of and all access to other copies of
+ Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+ money paid for a work or a replacement copy, if a defect in the
+ electronic work is discovered and reported to you within 90 days
+ of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+ distribution of Project Gutenberg-tm works.
+
+1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark. Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1. Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection. Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from. If you
+received the work on a physical medium, you must return the medium with
+your written explanation. The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund. If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund. If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4. Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5. Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law. The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section 2. Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers. It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, is critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come. In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at https://www.pglaf.org.
+
+
+Section 3. Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service. The Foundation's EIN or federal tax identification
+number is 64-6221541. Its 501(c)(3) letter is posted at
+https://pglaf.org/fundraising. Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations. Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org. Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at https://pglaf.org
+
+For additional contact information:
+ Dr. Gregory B. Newby
+ Chief Executive and Director
+ gbnewby@pglaf.org
+
+
+Section 4. Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment. Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States. Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements. We do not solicit donations in locations
+where we have not received written confirmation of compliance. To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit https://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States. U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses. Donations are accepted in a number of other
+ways including including checks, online payments and credit card
+donations. To donate, please visit: https://pglaf.org/donate
+
+
+Section 5. General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart was the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone. For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included. Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+ https://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
diff --git a/old/12755-8.zip b/old/12755-8.zip
new file mode 100644
index 0000000..cb8379c
--- /dev/null
+++ b/old/12755-8.zip
Binary files differ
diff --git a/old/12755-h.zip b/old/12755-h.zip
new file mode 100644
index 0000000..17f21ae
--- /dev/null
+++ b/old/12755-h.zip
Binary files differ
diff --git a/old/12755-h/12755-h.htm b/old/12755-h/12755-h.htm
new file mode 100644
index 0000000..a17b070
--- /dev/null
+++ b/old/12755-h/12755-h.htm
@@ -0,0 +1,30424 @@
+<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
+<html lang="en">
+<head>
+<meta http-equiv="Content-Type"
+ content="text/html; charset=iso-8859-1">
+<meta content="pg2html (binary v0.16)"
+ name="generator">
+<title>The Project Gutenberg eBook of
+ A Compilation of the Messages and Papers Of The Presidents,
+ by James D. Richardson
+</title>
+<style type="text/css">
+ <!--
+ body { margin-left: 5%; margin-right: 5%; }
+ p { text-indent: 1em;
+ margin-top: .75em;
+ font-size: 100%;
+ text-align: justify;
+ margin-bottom: .75em; }
+ h1,h2,h3,h4,h5,h6 { text-align: center; }
+ hr { width: 50%; }
+ hr.full { width: 100%; }
+ .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; }
+ .toc { margin-left: 15%; font-size: 80%; margin-bottom: 0em;}
+ center { padding: 0.8em;}
+ .r { text-align: right; }
+ .q { margin-left: 1em; margin-right: 1em; }
+ // -->
+</style>
+</head>
+<body>
+
+
+<pre>
+
+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, by James D. Richardson
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Compilation of the Messages and Papers of the Presidents
+ Section 2 (of 2) of Volume 6: Andrew Johnson
+
+Author: James D. Richardson
+
+Release Date: June 28, 2004 [EBook #12755]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+</pre>
+
+<div style="height: 8em;"><br><br><br><br><br><br><br><br></div>
+<h1>
+ A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+</h1>
+<center><b>
+ BY JAMES D. RICHARDSON
+</b></center>
+<div style="height: 4em;"><br><br><br><br></div>
+<hr>
+<h2>
+ Andrew Johnson
+</h2>
+<h3>
+ April 15, 1865, to March 4, 1869
+</h3>
+<hr>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ Andrew Johnson
+</h2>
+<p>
+ Andrew Johnson was born in Raleigh, N.C., December 29, 1808. His parents
+ were very poor. When he was 4 years old his father died of injuries
+ received in rescuing a person from drowning. At the age of 10 years
+ Andrew was apprenticed to a tailor. His early education was almost
+ entirely neglected, and, notwithstanding his natural craving to learn,
+ he never spent a day in school. Was taught the alphabet by a
+ fellow-workman, borrowed a book, and learned to read. In 1824 removed to
+ Laurens Court-House, S.C., where he worked as a journeyman tailor. In
+ May, 1826, returned to Raleigh, and in September, with his mother and
+ stepfather, set out for Greeneville, Tenn., in a two-wheeled cart drawn
+ by a blind pony. Here he married Eliza McCardle, a woman of refinement,
+ who taught him to write, and read to him while he was at work during the
+ day. It was not until he had been in Congress that he learned to write
+ with ease. From Greeneville went to the West, but returned after the
+ lapse of a year. In 1828 was elected alderman; was reelected in 1829 and
+ 1830, and in 1830 was advanced to the mayoralty, which office he held
+ for three years. In 1831 was appointed by the county court a trustee
+ of Rhea Academy, and about this time participated in the debates of a
+ society at Greeneville College. In 1834 advocated the adoption of a new
+ State constitution, by which the influence of the large landholders was
+ abridged. In 1835 represented Greene and Washington counties in the
+ legislature. Was defeated for the legislature in 1837, but in 1839 was
+ reelected. In 1836 supported Hugh L. White for the Presidency, and in
+ the political altercations between John Bell and James K. Polk, which
+ distracted Tennessee at the time, supported the former. Mr. Johnson was
+ the only ardent follower of Bell that failed to go over to the Whig
+ party. Was an elector for the State at large on the Van Buren ticket in
+ 1840, and made a State reputation by the force of his oratory. In 1841
+ was elected to the State senate from Greene and Hawkins counties, and
+ while in that body was one of the "immortal thirteen" Democrats who,
+ having it in their power to prevent the election of a Whig Senator, did
+ so by refusing to meet the house in joint convention; also proposed that
+ the basis of representation should rest upon white votes, without regard
+ to the ownership of slaves. Was elected to Congress in 1843 over John A.
+ Asken, a United States Bank Democrat, who was supported by the Whigs.
+ His first speech was in support of the resolution to restore to General
+ Jackson the fine imposed upon him at New Orleans; also supported the
+ annexation of Texas. In 1845 was reelected, and supported Polk's
+ Administration. Was regularly reelected to Congress until 1853. During
+ this period opposed all expenditures for internal improvements that were
+ not general; resisted and defeated the proposed contingent tax of 10 per
+ cent on tea and coffee; made his celebrated defense of the veto power;
+ urged the adoption of the homestead law, which was obnoxious to the
+ extreme Southern element of his party; supported the compromise measures
+ of 1850 as a matter of expediency, but opposed compromises in general
+ as a sacrifice of principle. Was elected governor of Tennessee in 1853
+ over Gustavus A. Henry, the "Eagle Orator" of the State. In his message
+ to the legislature he dwelt upon the homestead law and other measures
+ for the benefit of the working classes, and earned the title of
+ the "Mechanic Governor." Opposed the Know-nothing movement with
+ characteristic vehemence. Was reelected governor in 1855, defeating
+ Meredith P. Gentry, the Whig-American candidate, after a most remarkable
+ canvass. The Kansas-Nebraska bill received his earnest support. In 1857
+ was elected to the United States Senate, where he urged the passage of
+ the homestead bill, and on May 20, 1858, made his greatest speech on
+ this subject. Opposed the grant of aid for the construction of a Pacific
+ railroad. Was prominent in debate, and frequently clashed with Southern
+ supporters of the Administration. His pronounced Unionism estranged him
+ from the extremists on the Southern side, while his acceptance of
+ slavery as an institution guaranteed by the Constitution caused him
+ to hold aloof from the Republicans on the other. At the Democratic
+ convention at Charleston, S.C., in 1860 was a candidate for the
+ Presidential nomination, but received only the vote of Tennessee, and
+ when the convention reassembled in Baltimore withdrew his name. In the
+ canvass that followed supported John C. Breckinridge. At the session
+ of Congress beginning in December, 1860, took decided and unequivocal
+ grounds in opposition to secession, and on December 13 introduced a
+ joint resolution proposing to amend the Constitution so as to elect the
+ President and Vice-President by district votes, Senators by a direct
+ popular vote, and to limit the terms of Federal judges to twelve
+ years, the judges to be equally divided between slaveholding and
+ non-slaveholding States. In his speech on this resolution, December 18
+ and 19, declared his unyielding opposition to secession and announced
+ his intention to stand by and act under the Constitution. Retained
+ his seat in the Senate until appointed by President Lincoln military
+ governor of Tennessee, March 4, 1862. March 12 reached Nashville, and
+ organized a provisional government for the State; March 18 issued a
+ proclamation in which he appealed to the people to return to their
+ allegiance, to uphold the law, and to accept "a full and complete
+ amnesty for all past acts and declarations;" April 5 removed the mayor
+ and other officials of Nashville for refusing to take the oath of
+ allegiance to the United States, and appointed others; urged the holding
+ of Union meetings throughout the State, and frequently attended them in
+ person; completed the railroad from Nashville to the Tennessee River;
+ raised twenty-five regiments for service in the State; December 8, 1862,
+ issued a proclamation ordering Congressional elections, and on the 15th
+ levied an assessment upon the richer Southern sympathizers "in behalf of
+ the many helpless widows, wives, and children in the city of Nashville
+ who have been reduced to poverty and wretchedness in consequence of
+ their husbands, sons, and fathers having been forced into the armies of
+ this unholy and nefarious rebellion." Was nominated for Vice-President
+ of the United States at the national Republican convention at Baltimore
+ June 8, 1864, and was elected on November 8. In his letter of acceptance
+ of the nomination Mr. Johnson virtually disclaimed any departure from
+ his principles as a Democrat, but placed his acceptance upon the ground
+ of "the higher duty of first preserving the Government." On the night of
+ the 14th of April, 1865, President Lincoln was shot by an assassin and
+ died the next morning. At 11 o'clock a.m. April 15 Mr. Johnson was sworn
+ in as President, at his rooms in the Kirkwood House, Washington, by
+ Chief Justice Chase, in the presence of nearly all the Cabinet officers
+ and others. April 29, 1865, issued a proclamation for the removal of
+ trade restrictions in most of the insurrectionary States, which, being
+ in contravention of an act of Congress, was subsequently modified.
+ May 9 issued an Executive order restoring Virginia to the Union. May 22
+ proclaimed all ports, except four in Texas, opened to foreign commerce
+ on July 1, 1865. May 29 issued a general amnesty proclamation, after
+ which the fundamental and irreconcilable differences between President
+ Johnson and the party that had elevated him to power became more
+ apparent. He exercised the veto power to a very great extent, but it was
+ generally nullified by the two-thirds votes of both Houses. From May 29
+ to July 13, 1865, proclaimed provisional governors for North Carolina,
+ Mississippi, Georgia, Texas, Alabama, South Carolina, and Florida, whose
+ duties were to reorganize the State governments. The State governments
+ were reorganized, but the Republicans claimed that the laws passed were
+ so stringent in reference to the negroes that it was a worse form of
+ slavery than the old. The thirteenth amendment to the Constitution
+ became a law December 18, 1865, with Mr. Johnson's concurrence. The first
+ breach between the President and the party in power was the veto of the
+ Freedmen's Bureau bill, in February, 1866, which was designed to protect
+ the negroes. March 27 vetoed the civil-rights bill, but it was passed
+ over his veto. In a message of June 22, 1866, opposed the joint
+ resolution proposing the fourteenth amendment to the Constitution. In
+ June, 1866, the Republicans in Congress brought forward their plan of
+ reconstruction, called the "Congressional plan," in contradistinction
+ to that of the President. The chief features of the Congressional plan
+ were to give the negroes the right to vote, to protect them in this
+ right, and to prevent Confederate leaders from voting. January 5, 1867,
+ vetoed the act giving negroes the right of suffrage in the District
+ of Columbia, but it was passed over his veto. An attempt was made to
+ impeach the President, but it failed. In January, 1867, a bill was
+ passed to deprive the President of the power to proclaim general
+ amnesty, which he disregarded. Measures were adopted looking to the
+ meeting of the Fortieth and all subsequent Congresses immediately after
+ the adjournment of the preceding. The President was deprived of the
+ command of the Army by a rider to the army appropriation bill, which
+ provided that his orders should only be given through the General, who
+ was not to be removed without the previous consent of the Senate. The
+ bill admitting Nebraska, providing that no law should ever be passed in
+ that State denying the right of suffrage to any person because of his
+ color or race, was vetoed by the President, but passed over his veto.
+ March 2, 1867, vetoed the act to provide for the more efficient
+ government of the rebel States, but it was passed over his veto.
+ It embodied the Congressional plan of reconstruction, and divided the
+ Southern States into five military districts, each under an officer of
+ the Army not under the rank of brigadier-general, who was to exercise
+ all the functions of government until the citizens had "formed a
+ constitution of government in conformity with the Constitution
+ of the United States in all respects." On the same day vetoed the
+ tenure-of-office act, which was also passed over his veto. It provided
+ that civil officers should remain in office until the confirmation of
+ their successors; that the members of the Cabinet should be removed
+ only with the consent of the Senate, and that when Congress was not in
+ session the President could suspend but not remove any official, and in
+ case the Senate at the next session should not ratify the suspension the
+ suspended official should be reinducted into his office. August 5, 1867,
+ requested Edwin M. Stanton to resign his office as Secretary of War.
+ Mr. Stanton refused, was suspended, and General Grant was appointed
+ Secretary of War <i>ad interim</i>. When Congress met, the Senate
+ refused to ratify the suspension. General Grant then resigned, and Mr.
+ Stanton resumed the duties of his office. The President removed him and
+ appointed Lorenzo Thomas, Adjutant-General of the Army, Secretary of War
+ <i>ad interim</i>. The Senate declared this act illegal, and Mr. Stanton
+ refused to comply, and notified the Speaker of the House. On February
+ 24, 1868, the House of Representatives resolved to impeach the
+ President, and on March 2 and 3 articles of impeachment were agreed upon
+ by the House of Representatives, and on the 4th were presented to the
+ Senate. The trial began on March 30. May 16 the test vote was had;
+ thirty-five Senators voted for conviction and nineteen for acquittal. A
+ change of one vote would have carried conviction. A verdict of acquittal
+ was entered, and the Senate sitting as a court of impeachment adjourned
+ <i>sine die</i>. After the expiration of his term the ex-President
+ returned to Tennessee. Was a candidate for the United States Senate, but
+ was defeated. In 1872 was an unsuccessful candidate for Congressman from
+ the State at large. In January, 1875, was elected to the United States
+ Senate, and took his seat at the extra session of that year. Shortly
+ after the session began made a speech which was a skillful but bitter
+ attack upon President Grant. While visiting his daughter near
+ Elizabethton, in Carter County, Tenn., was stricken with paralysis July
+ 30, 1875, and died the following day. He was buried at Greeneville, Tenn.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ INAUGURAL ADDRESS.
+</h2>
+<center>
+ [From the Sunday Morning Chronicle, Washington, April 16, 1865, and
+ The Sun, Baltimore, April 17, 1865.]
+</center>
+<p>
+ GENTLEMEN: I must be permitted to say that I have been almost
+ overwhelmed by the announcement of the sad event which has so recently
+ occurred. I feel incompetent to perform duties so important and
+ responsible as those which have been so unexpectedly thrown upon me.
+ As to an indication of any policy which may be pursued by me in the
+ administration of the Government, I have to say that that must be left
+ for development as the Administration progresses. The message or
+ declaration must be made by the acts as they transpire. The only
+ assurance that I can now give of the future is reference to the past.
+ The course which I have taken in the past in connection with this
+ rebellion must be regarded as a guaranty of the future. My past public
+ life, which has been long and laborious, has been founded, as I in good
+ conscience believe, upon a great principle of right, which lies at the
+ basis of all things. The best energies of my life have been spent in
+ endeavoring to establish and perpetuate the principles of free
+ government, and I believe that the Government in passing through its
+ present perils will settle down upon principles consonant with popular
+ rights more permanent and enduring than heretofore. I must be permitted
+ to say, if I understand the feelings of my own heart, that I have long
+ labored to ameliorate and elevate the condition of the great mass of the
+ American people. Toil and an honest advocacy of the great principles of
+ free government have been my lot. Duties have been mine; consequences
+ are God's. This has been the foundation of my political creed, and I
+ feel that in the end the Government will triumph and that these great
+ principles will be permanently established.
+</p>
+<p>
+ In conclusion, gentlemen, let me say that I want your encouragement and
+ countenance. I shall ask and rely upon you and others in carrying the
+ Government through its present perils. I feel in making this request
+ that it will be heartily responded to by you and all other patriots
+ and lovers of the rights and interests of a free people.
+</p>
+<p>
+ APRIL 15, 1865.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas, by my direction, the Acting Secretary of State, in a notice to
+ the public of the 17th, requested the various religious denominations
+ to assemble on the 19th instant, on the occasion of the obsequies of
+ Abraham Lincoln, late President of the United States, and to observe the
+ same with appropriate ceremonies; but
+</p>
+<p>
+ Whereas our country has become one great house of mourning, where the
+ head of the family has been taken away, and believing that a special
+ period should be assigned for again humbling ourselves before Almighty
+ God, in order that the bereavement may be sanctified to the nation:
+</p>
+<p>
+ Now, therefore, in order to mitigate that grief on earth which can
+ only be assuaged by communion with the Father in heaven, and in
+ compliance with the wishes of Senators and Representatives in Congress,
+ communicated to me by resolutions adopted at the National Capitol,
+ I, Andrew Johnson, President of the United States, do hereby appoint
+ Thursday, the 25th day of May next, to be observed, wherever in the
+ United States the flag of the country may be respected, as a day of
+ humiliation and mourning, and I recommend my fellow citizens then to
+ assemble in their respective places of worship, there to unite in solemn
+ service to Almighty God in memory of the good man who has been removed,
+ so that all shall be occupied at the same time in contemplation of his
+ virtues and in sorrow for his sudden and violent end.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 25th day of April, A.D. 1865, and
+ of the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by my proclamation of the 25th instant Thursday, the 25th day of
+ next month, was recommended as a day for special humiliation and prayer
+ in consequence of the assassination of Abraham Lincoln, late President
+ of the United States; but
+</p>
+<p>
+ Whereas my attention has since been called to the fact that the day
+ aforesaid is sacred to large numbers of Christians as one of rejoicing
+ for the ascension of the Savior:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby suggest that the religious services recommended
+ as aforesaid should be postponed until Thursday, the 1st day of June
+ next.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 29th day of April, A.D. 1865, and
+ of the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it appears from evidence in the Bureau of Military Justice that
+ the atrocious murder of the late President, Abraham Lincoln, and the
+ attempted assassination of the Hon. William H. Seward, Secretary of
+ State, were incited, concerted, and procured by and between Jefferson
+ Davis, late of Richmond, Va., and Jacob Thompson, Clement C. Clay,
+ Beverley Tucker, George N. Sanders, William C. Cleary, and other rebels
+ and traitors against the Government of the United States harbored in
+ Canada:
+</p>
+<p>
+ Now, therefore, to the end that justice may be done, I, Andrew Johnson,
+ President of the United States, do offer and promise for the arrest of
+ said persons, or either of them, within the limits of the United States,
+ so that they can be brought to trial, the following rewards:
+</p>
+<p>
+ One hundred thousand dollars for the arrest of Jefferson Davis.
+</p>
+<p>
+ Twenty-five thousand dollars for the arrest of Clement C. Clay.
+</p>
+<p>
+ Twenty-five thousand dollars for the arrest of Jacob Thompson, late of
+ Mississippi.
+</p>
+<p>
+ Twenty-five thousand dollars for the arrest of George N. Sanders.
+</p>
+<p>
+ Twenty-five thousand dollars for the arrest of Beverley Tucker.
+</p>
+<p>
+ Ten thousand dollars for the arrest of William C. Cleary, late clerk of
+ Clement C. Clay.
+</p>
+<p>
+ The Provost-Marshal-General of the United States is directed to cause
+ a description of said persons, with notice of the above rewards, to be
+ published.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 2d day of May, A.D. 1865, and of
+ the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the President of the United States, by his proclamation of the
+ 19th day of April, 1861, did declare certain States therein mentioned in
+ insurrection against the Government of the United States; and
+</p>
+<p>
+ Whereas armed resistance to the authority of this Government in the said
+ insurrectionary States may be regarded as virtually at an end, and the
+ persons by whom that resistance, as well as the operations of insurgent
+ cruisers, was directed are fugitives or captives; and
+</p>
+<p>
+ Whereas it is understood that some of those cruisers are still infesting
+ the high seas and others are preparing to capture, burn, and destroy
+ vessels of the United States:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, hereby enjoin all naval, military, and civil officers of
+ the United States diligently to endeavor, by all lawful means, to arrest
+ the said cruisers and to bring them into a port of the United States, in
+ order that they may be prevented from committing further depredations on
+ commerce and that the persons on board of them may no longer enjoy
+ impunity for their crimes.
+</p>
+<p>
+ And I do further proclaim and declare that if, after a reasonable time
+ shall have elapsed for this proclamation to become known in the ports of
+ nations claiming to have been neutrals, the said insurgent cruisers and
+ the persons on board of them shall continue to receive hospitality in
+ the said ports, this Government will deem itself justified in refusing
+ hospitality to the public vessels of such nations in ports of the United
+ States and in adopting such other measures as may be deemed advisable
+ toward vindicating the national sovereignty.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 10th day of May, A.D. 1865, and
+ of the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by the proclamation of the President of the 11th day of April
+ last certain ports of the United States therein specified, which had
+ previously been subject to blockade, were, for objects of public safety,
+ declared, in conformity with previous special legislation of Congress,
+ to be closed against foreign commerce during the national will, to be
+ thereafter expressed and made known by the President; and
+</p>
+<p>
+ Whereas events and circumstances have since occurred which, in my
+ judgment, render it expedient to remove that restriction, except as to
+ the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel), and
+ Brownsville, in the State of Texas:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby declare that the ports aforesaid, not excepted
+ as above, shall be open to foreign commerce from and after the 1st day
+ of July next; that commercial intercourse with the said ports may from
+ that time be carried on, subject to the laws of the United States and in
+ pursuance of such regulations as may be prescribed by the Secretary of
+ the Treasury. If, however, any vessel from a foreign port shall enter
+ any of the before-named excepted ports in the State of Texas, she will
+ continue to be held liable to the penalties prescribed by the act of
+ Congress approved on the 13th day of July, 1861, and the persons on
+ board of her to such penalties as may be incurred, pursuant to the laws
+ of war, for trading or attempting to trade with an enemy.
+</p>
+<p>
+ And I, Andrew Johnson, President of the United States, do hereby declare
+ and make known that the United States of America do henceforth disallow
+ to all persons trading or attempting to trade in any ports of the United
+ States in violation of the laws thereof all pretense of belligerent
+ rights and privileges; and I give notice that from the date of this
+ proclamation all such offenders will be held and dealt with as pirates.
+</p>
+<p>
+ It is also ordered that all restrictions upon trade heretofore imposed
+ in the territory of the United States east of the Mississippi River,
+ save those relating to contraband of war, to the reservation of the
+ rights of the United States to property purchased in the territory of an
+ enemy, and to the 25 per cent upon purchases of cotton be removed. All
+ provisions of the internal-revenue law will be carried into effect under
+ the proper officers.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 22d day of May, A.D. 1865, and of
+ the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the President of the United States, on the 8th day of December,
+ A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the object
+ to suppress the existing rebellion, to induce all persons to return to
+ their loyalty, and to restore the authority of the United States, issue
+ proclamations offering amnesty and pardon to certain persons who had,
+ directly or by implication, participated in the said rebellion; and
+</p>
+<p>
+ Whereas many persons who had so engaged in said rebellion have, since
+ the issuance of said proclamations, failed or neglected to take the
+ benefits offered thereby; and
+</p>
+<p>
+ Whereas many persons who have been justly deprived of all claim to
+ amnesty and pardon thereunder by reason of their participation, directly
+ or by implication, in said rebellion and continued hostility to the
+ Government of the United States since the date of said proclamations now
+ desire to apply for and obtain amnesty and pardon.
+</p>
+<p>
+ To the end, therefore, that the authority of the Government of the
+ United States may be restored and that peace, order, and freedom may
+ be established, I, Andrew Johnson, President of the United States,
+ do proclaim and declare that I hereby grant to all persons who have,
+ directly or indirectly, participated in the existing rebellion, except
+ as hereinafter excepted, amnesty and pardon, with restoration of all
+ rights of property, except as to slaves and except in cases where legal
+ proceedings under the laws of the United States providing for the
+ confiscation of property of persons engaged in rebellion have been
+ instituted; but upon the condition, nevertheless, that every such person
+ shall take and subscribe the following oath (or affirmation) and
+ thenceforward keep and maintain said oath inviolate, and which oath
+ shall be registered for permanent preservation and shall be of the tenor
+ and effect following, to wit:
+</p>
+<p class="q">
+ I &mdash;&mdash; &mdash;&mdash; do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the
+ existing rebellion with reference to the emancipation of slaves.
+ So help me God.
+</p>
+<p>
+ The following classes of persons are excepted from the benefits of this
+ proclamation:
+</p>
+<p>
+ First. All who are or shall have been pretended civil or diplomatic
+ officers or otherwise domestic or foreign agents of the pretended
+ Confederate government.
+</p>
+<p>
+ Second. All who left judicial stations under the United States to aid
+ the rebellion.
+</p>
+<p>
+ Third. All who shall have been military or naval officers of said
+ pretended Confederate government above the rank of colonel in the army
+ or lieutenant in the navy.
+</p>
+<p>
+ Fourth. All who left seats in the Congress of the United States to aid
+ the rebellion.
+</p>
+<p>
+ Fifth. All who resigned or tendered resignations of their commissions in
+ the Army or Navy of the United States to evade duty in resisting the
+ rebellion.
+</p>
+<p>
+ Sixth. All who have engaged in any way in treating otherwise than
+ lawfully as prisoners of war persons found in the United States service
+ as officers, soldiers, seamen, or in other capacities.
+</p>
+<p>
+ Seventh. All persons who have been or are absentees from the United
+ States for the purpose of aiding the rebellion.
+</p>
+<p>
+ Eighth. All military and naval officers in the rebel service who were
+ educated by the Government in the Military Academy at West Point or the
+ United States Naval Academy.
+</p>
+<p>
+ Ninth. All persons who held the pretended offices of governors of States
+ in insurrection against the United States.
+</p>
+<p>
+ Tenth. All persons who left their homes within the jurisdiction and
+ protection of the United States and passed beyond the Federal military
+ lines into the pretended Confederate States for the purpose of aiding
+ the rebellion.
+</p>
+<p>
+ Eleventh. All persons who have been engaged in the destruction of the
+ commerce of the United States upon the high seas and all persons who
+ have made raids into the United States from Canada or been engaged in
+ destroying the commerce of the United States upon the lakes and rivers
+ that separate the British Provinces from the United States.
+</p>
+<p>
+ Twelfth. All persons who, at the time when they seek to obtain the
+ benefits hereof by taking the oath herein prescribed, are in military,
+ naval, or civil confinement or custody, or under bonds of the civil,
+ military, or naval authorities or agents of the United States as
+ prisoners of war, or persons detained for offenses of any kind, either
+ before or after conviction.
+</p>
+<p>
+ Thirteenth. All persons who have voluntarily participated in said
+ rebellion and the estimated value of whose taxable property is over
+ $20,000.
+</p>
+<p>
+ Fourteenth. All persons who have taken the oath of amnesty as prescribed
+ in the President's proclamation of December 8, A.D. 1863, or an oath of
+ allegiance to the Government of the United States since the date of said
+ proclamation and who have not thenceforward kept and maintained the same
+ inviolate.
+</p>
+<p>
+ <i>Provided</i>, That special application may be made to the President
+ for pardon by any person belonging to the excepted classes, and such
+ clemency will be liberally extended as may be consistent with the facts
+ of the case and the peace and dignity of the United States.
+</p>
+<p>
+ The Secretary of State will establish rules and regulations for
+ administering and recording the said amnesty oath, so as to insure its
+ benefit to the people and guard the Government against fraud.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 29th day of May, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of North
+ Carolina of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of North Carolina in
+ securing them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint William W. Holden provisional governor of the State of North
+ Carolina, whose duty it shall be, at the earliest practicable period, to
+ prescribe such rules and regulations as may be necessary and proper for
+ convening a convention composed of delegates to be chosen by that
+ portion of the people of said State who are loyal to the United States,
+ and no others, for the purpose of altering or amending the constitution
+ thereof, and with authority to exercise within the limits of said State
+ all the powers necessary and proper to enable such loyal people of the
+ State of North Carolina to restore said State to its constitutional
+ relations to the Federal Government and to present such a republican
+ form of State government as will entitle the State to the guaranty of
+ the United States therefor and its people to protection by the United
+ States against invasion, insurrection, and domestic violence:
+ <i>Provided</i>, That in any election that may be hereafter held for
+ choosing delegates to any State convention as aforesaid no person shall
+ be qualified as an elector or shall be eligible as a member of such
+ convention unless he shall have previously taken and subscribed the oath
+ of amnesty as set forth in the President's proclamation of May 29, A.D.
+ 1865, and is a voter qualified as prescribed by the constitution and
+ laws of the State of North Carolina in force immediately before the 20th
+ day of May, A.D. 1861, the date of the so-called ordinance of secession;
+ and the said convention, when convened, or the legislature that may be
+ thereafter assembled, will prescribe the qualification of electors and
+ the eligibility of persons to hold office under the constitution and
+ laws of the State&mdash;a power the people of the several States composing
+ the Federal Union have rightfully exercised from the origin of the
+ Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which North
+ Carolina is included proceed to hold courts within said State in
+ accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 29th day of May, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of
+ Mississippi of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of Mississippi in
+ securing them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do
+ hereby appoint William L. Sharkey, of Mississippi, provisional governor
+ of the State of Mississippi, whose duty it shall be, at the earliest
+ practicable period, to prescribe such rules and regulations as may be
+ necessary and proper for convening a convention composed of delegates
+ to be chosen by that portion of the people of said State who are loyal
+ to the United States, and no others, for the purpose of altering or
+ amending the constitution thereof, and with authority to exercise within
+ the limits of said State all the powers necessary and proper to enable
+ such loyal people of the State of Mississippi to restore said State to
+ its constitutional relations to the Federal Government and to present
+ such a republican form of State government as will entitle the State to
+ the guaranty of the United States therefor and its people to protection
+ by the United States against invasion, insurrection, and domestic
+ violence: <i>Provided</i>, That in any election that may be hereafter
+ held for choosing delegates to any State convention as aforesaid no
+ person shall be qualified as an elector or shall be eligible as a member
+ of such convention unless he shall have previously taken and subscribed
+ the oath of amnesty as set forth in the President's proclamation of
+ May 29, A.D. 1865, and is a voter qualified as prescribed by the
+ constitution and laws of the State of Mississippi in force immediately
+ before the 9th of January, A.D. 1861, the date of the so-called
+ ordinance of secession; and the said convention, when convened, or
+ the legislature that may be thereafter assembled, will prescribe the
+ qualification of electors and the eligibility of persons to hold office
+ under the constitution and laws of the State&mdash;a power the people of the
+ several States composing the Federal Union have rightfully exercised
+ from the origin of the Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which
+ Mississippi is included proceed to hold courts within said State
+ in accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 13th day of June, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by my proclamation<a href="#note-1"><small>1</small></a> of the 29th of April, 1865, all
+ restrictions upon internal, domestic, and commercial intercourse,
+ with certain exceptions therein specified and set forth, were removed
+ "in such parts of the States of Tennessee, Virginia, North Carolina,
+ South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+ Louisiana as lies east of the Mississippi River as shall be embraced
+ within the lines of national military occupation;" and
+</p>
+<p>
+ Whereas by my proclamation of the 22d of May, 1865, for reasons therein
+ given, it was declared that certain ports of the United States which had
+ been previously closed against foreign commerce should, with certain
+ specified exceptions, be reopened to such commerce on and after the
+ 1st day of July next, subject to the laws of the United States, and in
+ pursuance of such regulations as might be prescribed by the Secretary
+ of the Treasury; and
+</p>
+<p>
+ Whereas I am satisfactorily informed that dangerous combinations against
+ the laws of the United States no longer exist within the State of
+ Tennessee; that the insurrection heretofore existing within said State
+ has been suppressed; that within the boundaries thereof the authority of
+ the United States is undisputed, and that such officers of the United
+ States as have been duly commissioned are in the undisturbed exercise of
+ their official functions:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby declare that all restrictions upon internal,
+ domestic, and coastwise intercourse and trade and upon the removal of
+ products of States heretofore declared in insurrection, reserving and
+ excepting only those relating to contraband of war, as hereinafter
+ recited, and also those which relate to the reservation of the rights
+ of the United States to property purchased in the territory of an enemy
+ heretofore imposed in the territory of the United States east of the
+ Mississippi River, are annulled, and I do hereby direct that they be
+ forthwith removed; and that on and after the 1st day of July next all
+ restrictions upon foreign commerce with said ports, with the exception
+ and reservation aforesaid, be likewise removed; and that the commerce of
+ said States shall be conducted under the supervision of the regularly
+ appointed officers of the customs provided by law, and such officers of
+ the customs shall receive any captured and abandoned property that may
+ be turned over to them under the law by the military or naval forces of
+ the United States and dispose of such property as shall be directed by
+ the Secretary of the Treasury. The following articles, contraband of
+ war, are excepted from the effect of this proclamation: Arms,
+ ammunition, all articles from which ammunition is made, and gray
+ uniforms and cloth.
+</p>
+<p>
+ And I hereby also proclaim and declare that the insurrection, so far as
+ it relates to and within the State of Tennessee and the inhabitants of
+ the said State of Tennessee as reorganized and constituted under their
+ recently adopted constitution and reorganization and accepted by them,
+ is suppressed, and therefore, also, that all the disabilities and
+ disqualifications attaching to said State and the inhabitants thereof
+ consequent upon any proclamation issued by virtue of the fifth section
+ of the act entitled "An act further to provide for the collection of
+ duties on imports and for other purposes," approved the 13th day of
+ July, 1861, are removed.
+</p>
+<p>
+ But nothing herein contained shall be considered or construed as in any
+ wise changing or impairing any of the penalties and forfeitures for
+ treason heretofore incurred under the laws of the United States or any
+ of the provisions, restrictions, or disabilities set forth in my
+ proclamation bearing date the 29th day of May, 1865, or as impairing
+ existing regulations for the suspension of the <i>habeas corpus</i> and
+ the exercise of military law in cases where it shall be necessary for
+ the general public safety and welfare during the existing insurrection;
+ nor shall this proclamation affect or in any way impair any laws
+ heretofore passed by Congress and duly approved by the President or any
+ proclamations or orders issued by him during the aforesaid insurrection
+ abolishing slavery or in any way affecting the relations of slavery,
+ whether of persons or property; but, on the contrary, all such laws and
+ proclamations heretofore made or issued are expressly saved and declared
+ to be in full force and virtue.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 13th day of June, A.D. 1865, and
+ of the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of
+ Georgia of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of Georgia in securing
+ them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint James Johnson, of Georgia, provisional governor of the State of
+ Georgia, whose duty it shall be, at the earliest practicable period,
+ to prescribe such rules and regulations as may be necessary and proper
+ for convening a convention composed of delegates to be chosen by that
+ portion of the people of said State who are loyal to the United States,
+ and no others, for the purpose of altering or amending the constitution
+ thereof, and with authority to exercise within the limits of said State
+ all the powers necessary and proper to enable such loyal people of the
+ State of Georgia to restore said State to its constitutional relations
+ to the Federal Government and to present such a republican form of State
+ government as will entitle the State to the guaranty of the United
+ States therefor and its people to protection by the United States
+ against invasion, insurrection, and domestic violence: <i>Provided</i>,
+ That in any election that may be hereafter held for choosing delegates
+ to any State convention as aforesaid no person shall be qualified as an
+ elector or shall be eligible as a member of such convention unless he
+ shall have previously taken and subscribed the oath of amnesty as set
+ forth in the President's proclamation of May 29, A.D. 1865, and is a
+ voter qualified as prescribed by the constitution and laws of the State
+ of Georgia in force immediately before the 19th of January, A.D. 1861,
+ the date of the so-called ordinance of secession; and the said
+ convention, when convened, or the legislature that may be thereafter
+ assembled, will prescribe the qualification of electors and the
+ eligibility of persons to hold office under the constitution and laws
+ of the State&mdash;a power the people of the several States composing the
+ Federal Union have rightfully exercised from the origin of the
+ Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which
+ Georgia is included proceed to hold courts within said State in
+ accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 17th day of June, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution
+ made Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of Texas
+ of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of the State of Texas in
+ securing them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint Andrew J. Hamilton, of Texas, provisional governor of the State
+ of Texas, whose duty it shall be, at the earliest practicable period, to
+ prescribe such rules and regulations as may be necessary and proper for
+ convening a convention composed of delegates to be chosen by that
+ portion of the people of said State who are loyal to the United States,
+ and no others, for the purpose of altering or amending the constitution
+ thereof, and with authority to exercise within the limits of said State
+ all the powers necessary and proper to enable such loyal people of the
+ State of Texas to restore said State to its constitutional relations to
+ the Federal Government and to present such a republican form of State
+ government as will entitle the State to the guaranty of the United
+ States therefor and its people to protection by the United States
+ against invasion, insurrection, and domestic violence: <i>Provided</i>,
+ That in any election that may be hereafter held for choosing delegates
+ to any State convention as aforesaid no person shall be qualified as an
+ elector or shall be eligible as a member of such convention unless he
+ shall have previously taken and subscribed the oath of amnesty as set
+ forth in the President's proclamation of May 29, A.D. 1865, and is a
+ voter qualified as prescribed by the constitution and laws of the State
+ of Texas in force immediately before the 1st day of February, A.D. 1861,
+ the date of the so-called ordinance of secession; and the said
+ convention, when convened, or the legislature that may be thereafter
+ assembled, will prescribe the qualification of electors and the
+ eligibility of persons to hold office under the constitution and laws of
+ the State&mdash;a power the people of the several States composing the
+ Federal Union have rightfully exercised from the origin of the
+ Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which Texas
+ is included proceed to hold courts within said State in accordance with
+ the provisions of the act of Congress. The Attorney-General will
+ instruct the proper officers to libel and bring to judgment,
+ confiscation, and sale property subject to confiscation and enforce the
+ administration of justice within said State in all matters within the
+ cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 17th day of June, A.D. 1865, and of
+ the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of
+ Alabama of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of Alabama in securing
+ them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint Lewis E. Parsons, of Alabama, provisional governor of the State
+ of Alabama, whose duty it shall be, at the earliest practicable period,
+ to prescribe such rules and regulations as may be necessary and proper
+ for convening a convention composed of delegates to be chosen by that
+ portion of the people of said State who are loyal to the United States,
+ and no others, for the purpose of altering or amending the constitution
+ thereof, and with authority to exercise within the limits of said State
+ all the powers necessary and proper to enable such loyal people of the
+ State of Alabama to restore said State to its constitutional relations
+ to the Federal Government and to present such a republican form of State
+ government as will entitle the State to the guaranty of the United
+ States therefor and its people to protection by the United States
+ against invasion, insurrection, and domestic violence: <i>Provided</i>,
+ That in any election that may be hereafter held for choosing delegates
+ to any State convention as aforesaid no person shall be qualified as an
+ elector or shall be eligible as a member of such convention unless he
+ shall have previously taken and subscribed the oath of amnesty as set
+ forth in the President's proclamation of May 29, A.D. 1865, and is a
+ voter qualified as prescribed by the constitution and laws of the State
+ of Alabama in force immediately before the 11th day of January, A.D.
+ 1861, the date of the so-called ordinance of secession; and the said
+ convention, when convened, or the legislature that may be thereafter
+ assembled, will prescribe the qualification of electors and the
+ eligibility of persons to hold office under the constitution and laws of
+ the State, a power the people of the several States composing the
+ Federal Union have rightfully exercised from the origin of the
+ Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which
+ Alabama is included proceed to hold courts within said State in
+ accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 21st day of June, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by the proclamations of the President of the 19th and 27th of
+ April, 1861, a blockade of certain ports of the United States was set on
+ foot; but
+</p>
+<p>
+ Whereas the reasons for that measure have ceased to exist:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby declare and proclaim the blockade aforesaid to
+ be rescinded as to all the ports aforesaid, including that of Galveston
+ and other ports west of the Mississippi River, which ports will be open
+ to foreign commerce on the 1st of July next on the terms and conditions
+ set forth in my proclamation of the 22d of May last.
+</p>
+<p>
+ It is to be understood, however, that the blockade thus rescinded was an
+ international measure for the purpose of protecting the sovereign rights
+ of the United States. The greater or less subversion of civil authority
+ in the region to which it applied and the impracticability of at once
+ restoring that in due efficiency may for a season make it advisable to
+ employ the Army and Navy of the United States toward carrying the laws
+ into effect wherever such employment may be necessary.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 23d day of June, A.D. 1865, and of
+ the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has been the desire of the General Government of the United
+ States to restore unrestricted commercial intercourse between and in the
+ several States as soon as the same could be safely done in view of
+ resistance to the authority of the United States by combinations of
+ armed insurgents; and
+</p>
+<p>
+ Whereas that desire has been shown in my proclamations of the 29th of
+ April, 1865, the 13th of June, 1865, and the 23d of June, 1865; and
+</p>
+<p>
+ Whereas it now seems expedient and proper to remove restrictions upon
+ internal, domestic, and coastwise trade and commercial intercourse
+ between and within the States and Territories west of the Mississippi
+ River:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby declare that all restrictions upon internal,
+ domestic, and coastwise intercourse and trade and upon the purchase and
+ removal of products of States and parts of States and Territories
+ heretofore declared in insurrection, lying west of the Mississippi River
+ (excepting only those relating to property heretofore purchased by the
+ agents or captured by or surrendered to the forces of the United States
+ and to the transportation thereto or therein on private account of arms,
+ ammunition, all articles from which ammunition is made, gray uniforms,
+ and gray cloth), are annulled; and I do hereby direct that they be
+ forthwith removed, and also that the commerce of such States and parts
+ of States shall be conducted under the supervision of the regularly
+ appointed officers of the customs, [who] shall receive any captured and
+ abandoned property that may be turned over to them under the law by the
+ military or naval forces of the United States and dispose of the same in
+ accordance with instructions on the subject issued by the Secretary of
+ the Treasury.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 24th day of June, A.D. 1865, and of
+ the Independence of the United States of America the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United States shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of South
+ Carolina of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of South Carolina in
+ securing them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint Benjamin F. Perry, of South Carolina, provisional governor of
+ the State of South Carolina, whose duty it shall be, at the earliest
+ practicable period, to prescribe such rules and regulations as may be
+ necessary and proper for convening a convention composed of delegates
+ to be chosen by that portion of the people of said State who are loyal
+ to the United States, and no others, for the purpose of altering or
+ amending the constitution thereof, and with authority to exercise within
+ the limits of said State all the powers necessary and proper to enable
+ such loyal people of the State of South Carolina to restore said State
+ to its constitutional relations to the Federal Government and to present
+ such a republican form of State government as will entitle the State to
+ the guaranty of the United States therefor and its people to protection
+ by the United States against invasion, insurrection, and domestic
+ violence: <i>Provided</i>, That in any election that may be hereafter
+ held for choosing delegates to any State convention as aforesaid no
+ person shall be qualified as an elector or shall be eligible as a member
+ of such convention unless he shall have previously taken and subscribed
+ the oath of amnesty as set forth in the President's proclamation
+ of May 29, A.D. 1865, and is a voter qualified as prescribed by
+ the constitution and laws of the State of South Carolina in force
+ immediately before the 17th day of November, A.D. 1860, the date of
+ the so-called ordinance of secession; and the said convention, when
+ convened, or the legislature that may be thereafter assembled, will
+ prescribe the qualification of electors and the eligibility of persons
+ to hold office under the constitution and laws of the State&mdash;a power the
+ people of the several States composing the Federal Union have rightfully
+ exercised from the origin of the Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws
+ of the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which
+ South Carolina is included proceed to hold courts within said
+ State in accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ Done at the city of Washington, this 30th day of June, A.D. 1865, and
+ of the Independence of the United States the eighty-ninth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the fourth section of the fourth article of the Constitution of
+ the United States declares that the United Stales shall guarantee to
+ every State in the Union a republican form of government and shall
+ protect each of them against invasion and domestic violence; and
+</p>
+<p>
+ Whereas the President of the United States is by the Constitution made
+ Commander in Chief of the Army and Navy, as well as chief civil
+ executive officer of the United States, and is bound by solemn oath
+ faithfully to execute the office of President of the United States and
+ to take care that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas the rebellion which has been waged by a portion of the people of
+ the United States against the properly constituted authorities of the
+ Government thereof in the most violent and revolting form, but whose
+ organized and armed forces have now been almost entirely overcome, has
+ in its revolutionary progress deprived the people of the State of
+ Florida of all civil government; and
+</p>
+<p>
+ Whereas it becomes necessary and proper to carry out and enforce the
+ obligations of the United States to the people of Florida in securing
+ them in the enjoyment of a republican form of government:
+</p>
+<p>
+ Now, therefore, in obedience to the high and solemn duties imposed upon
+ me by the Constitution of the United States and for the purpose of
+ enabling the loyal people of said State to organize a State government
+ whereby justice may be established, domestic tranquillity insured, and
+ loyal citizens protected in all their rights of life, liberty, and
+ property, I, Andrew Johnson, President of the United States and
+ Commander in Chief of the Army and Navy of the United States, do hereby
+ appoint William Marvin provisional governor of the State of Florida,
+ whose duty it shall be, at the earliest practicable period, to prescribe
+ such rules and regulations as may be necessary and proper for convening
+ a convention composed of delegates to be chosen by that portion of the
+ people of said State who are loyal to the United States, and no others,
+ for the purpose of altering or amending the constitution thereof, and
+ with authority to exercise within the limits of said State all the
+ powers necessary and proper to enable such loyal people of the State of
+ Florida to restore said State to its constitutional relations to the
+ Federal Government and to present such a republican form of State
+ government as will entitle the State to the guaranty of the United
+ States therefor and its people to protection by the United States
+ against invasion, insurrection, and domestic violence: <i>Provided</i>,
+ That in any election that may be hereafter held for choosing delegates
+ to any State convention as aforesaid no person shall be qualified as an
+ elector or shall be eligible as a member of such convention unless he
+ shall have previously taken and subscribed the oath of amnesty as set
+ forth in the President's proclamation of May 29, A.D. 1865, and is a
+ voter qualified as prescribed by the constitution and laws of the State
+ of Florida in force immediately before the 10th day of January, A.D.
+ 1861, the date of the so-called ordinance of secession; and the said
+ convention, when convened, or the legislature that may be thereafter
+ assembled, will prescribe the qualification of electors and the
+ eligibility of persons to hold office under the constitution and laws of
+ the State&mdash;a power the people of the several States composing the
+ Federal Union have rightfully exercised from the origin of the
+ Government to the present time.
+</p>
+<p>
+ And I do hereby direct&mdash;
+</p>
+<p>
+ First. That the military commander of the department and all officers
+ and persons in the military and naval service aid and assist the said
+ provisional governor in carrying into effect this proclamation; and they
+ are enjoined to abstain from in any way hindering, impeding, or
+ discouraging the loyal people from the organization of a State
+ government as herein authorized.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws of
+ the United States the administration whereof belongs to the State
+ Department applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed to nominate for
+ appointment assessors of taxes and collectors of customs and internal
+ revenue and such other officers of the Treasury Department as are
+ authorized by law and put in execution the revenue laws of the United
+ States within the geographical limits aforesaid. In making appointments
+ the preference shall be given to qualified loyal persons residing within
+ the districts where their respective duties are to be performed; but if
+ suitable residents of the districts shall not be found, then persons
+ residing in other States or districts shall be appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General proceed to establish post-offices
+ and post routes and put into execution the postal laws of the United
+ States within the said State, giving to loyal residents the preference
+ of appointment; but if suitable residents are not found, then to appoint
+ agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge for the judicial district in which
+ Florida is included proceed to hold courts within said State in
+ accordance with the provisions of the act of Congress. The
+ Attorney-General will instruct the proper officers to libel and bring to
+ judgment, confiscation, and sale property subject to confiscation and
+ enforce the administration of justice within said State in all matters
+ within the cognizance and jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of the Navy take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Seventh. That the Secretary of the Interior put in force the laws
+ relating to the Interior Department applicable to the geographical
+ limits aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 13th day of July, A.D. 1865, and of
+ the Independence of the United States the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by my proclamations of the 13th and 24th of June, 1865, removing
+ restrictions, in part, upon internal, domestic, and coastwise
+ intercourse and trade with those States recently declared in
+ insurrection, certain articles were excepted from the effect of said
+ proclamations as contraband of war; and
+</p>
+<p>
+ Whereas the necessity for restricting trade in said articles has now in
+ a great measure ceased:
+</p>
+<p>
+ It is hereby ordered that on and after the 1st day of September, 1865.
+ all restrictions aforesaid be removed, so that the articles declared by
+ the said proclamations to be contraband of war may be imported into and
+ sold in said States, subject only to such regulations as the Secretary
+ of the Treasury may prescribe.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 20th day of August, A.D. 1865, and
+ of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by a proclamation of the 5th day of July, 1864, the President of
+ the United States, when the civil war was flagrant and when combinations
+ were in progress in Kentucky for the purpose of inciting insurgent raids
+ into that State, directed that the proclamation suspending the privilege
+ of the writ of <i>habeas corpus</i> should be made effectual in Kentucky
+ and that martial law should be established there and continue until said
+ proclamation should be revoked or modified; and
+</p>
+<p>
+ Whereas since then the danger from insurgent raids into Kentucky has
+ substantially passed away:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, by virtue of the authority vested in me by the
+ Constitution, do hereby declare that the said proclamation of the 5th
+ day of July, 1864, shall be, and is hereby, modified in so far that
+ martial law shall be no longer in force in Kentucky from and after the
+ date hereof.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 12th day of October, A.D. 1865, and
+ of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has pleased Almighty God during the year which is now coming
+ to an end to relieve our beloved country from the fearful scourge of
+ civil war and to permit us to secure the blessings of peace, unity, and
+ harmony, with a great enlargement of civil liberty; and
+</p>
+<p>
+ Whereas our Heavenly Father has also during the year graciously averted
+ from us the calamities of foreign war, pestilence, and famine, while our
+ granaries are full of the fruits of an abundant season; and
+</p>
+<p>
+ Whereas righteousness exalteth a nation, while sin is a reproach to any
+ people:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby recommend to the people thereof that they do
+ set apart and observe the first Thursday of December next as a day of
+ national thanksgiving to the Creator of the Universe for these great
+ deliverances and blessings.
+</p>
+<p>
+ And I do further recommend that on that occasion the whole people make
+ confession of our national sins against His infinite goodness, and with
+ one heart and one mind implore the divine guidance in the ways of
+ national virtue and holiness.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 28th day of October, A.D. 1865, and
+ of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by the proclamation of the President of the United States of the
+ 15th day of September, 1863, the privilege of the writ of <i>habeas
+ corpus</i> was, in certain cases therein set forth, suspended throughout
+ the United States; and
+</p>
+<p>
+ Whereas the reasons for that suspension may be regarded as having ceased
+ in some of the States and Territories:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby proclaim and declare that the suspension
+ aforesaid and all other proclamations and orders suspending the
+ privilege of the writ of <i>habeas corpus</i> in the States and
+ Territories of the United States are revoked and annulled, excepting as
+ to the States of Virginia, Kentucky, Tennessee, North Carolina, South
+ Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,
+ and Texas, the District of Columbia, and the Territories of New Mexico
+ and Arizona.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 1st day of December, A.D. 1865, and
+ of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<a name="2H_4_0006"><!-- H2 anchor --></a>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<p class="r">
+ EXECUTIVE CHAMBER,
+<br>
+<i>Washington, April 29, 1865</i>.
+</p>
+<p>
+ Being desirous to relieve all loyal citizens and well-disposed persons
+ residing in insurrectionary States from unnecessary commercial
+ restrictions and to encourage them to return to peaceful pursuits&mdash;
+</p>
+<p>
+ <i>It is hereby ordered</i>, I. That all restrictions upon internal,
+ domestic, and coastwise commercial intercourse be discontinued in such
+ parts of the States of Tennessee, Virginia, North Carolina, South
+ Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+ Louisiana as lies east of the Mississippi River as shall be embraced
+ within the lines of national military occupation, excepting only such
+ restrictions as are imposed by acts of Congress and regulations in
+ pursuance thereof prescribed by the Secretary of the Treasury and
+ approved by the President, and excepting also from the effect of this
+ order the following articles contraband of war, to wit: Arms,
+ ammunition, all articles from which ammunition is manufactured, gray
+ uniforms and cloth, locomotives, cars, railroad iron, and machinery for
+ operating railroads, telegraph wires, insulators, and instruments for
+ operating telegraphic lines.
+</p>
+<p>
+ II. That all existing military and naval orders in any manner
+ restricting internal, domestic, and coastwise commercial intercourse and
+ trade with or in the localities above named be, and the same are hereby,
+ revoked, and that no military or naval officer in any manner interrupt
+ or interfere with the same, or with any boats or other vessels engaged
+ therein under proper authority, pursuant to the regulations of the
+ Secretary of the Treasury.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington City, April 29, 1865</i>.
+</p>
+<p>
+ The Executive order of January 20, 1865, prohibiting the exportation of
+ hay, is rescinded from and after the 1st day of May, 1865.
+</p>
+<p>
+ By order of the President:
+</p>
+<p class="r">
+ EDWIN M STANTON.
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+EXECUTIVE CHAMBER,
+<br>
+<i>Washington City, May 1, 1865</i>.
+</p>
+<p>
+ Whereas the Attorney-General of the United States hath given his opinion
+ that the persons implicated in the murder of the late President, Abraham
+ Lincoln, and the attempted assassination of the Hon. William H. Seward,
+ Secretary of State, and in an alleged conspiracy to assassinate other
+ officers of the Federal Government at Washington City, and their aiders
+ and abettors, are subject to the jurisdiction of and lawfully triable
+ before a military commission&mdash;
+</p>
+<p>
+ <i>It is ordered</i>:
+</p>
+<p>
+ First. That the assistant adjutant-general detail nine competent
+ military officers to serve as a commission for the trial of said
+ parties, and that the Judge-Advocate-General proceed to prefer charges
+ against said parties for their alleged offenses and bring them to trial
+ before said military commission; that said trial or trials be conducted
+ by the said Judge-Advocate-General, and as recorder thereof, in person,
+ aided by such assistant or special judge-advocate as he may designate,
+ and that said trials be conducted with all diligence consistent with the
+ ends of justice; the said commission to sit without regard to hours.
+</p>
+<p>
+ Second. That Brevet Major-General Hartranft be assigned to duty as
+ special provost-marshal-general for the purpose of said trial, and
+ attendance upon said commission, and the execution of its mandates.
+</p>
+<p>
+ Third. That the said commission establish such order or rules of
+ proceeding as may avoid unnecessary delay and conduce to the ends of
+ public justice.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ Official copy:
+</p>
+<p class="r">
+ W.A. NICHOLS,
+<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington, D.C., May 3, 1865</i>.
+</p>
+<p>
+ Order Rescinding Regulations Prohibiting the Exportation of Arms,
+ Ammunition, Horses, Mules, and Live Stock.
+</p>
+<p>
+ The Executive order of November 21, 1862, prohibiting the exportation of
+ arms and ammunition from the United States, and the Executive order of
+ May 13, 1863,<a href="#note-2"><small>2</small></a> prohibiting the exportation of horses, mules, and live
+ stock, being no longer required by public necessities, the aforesaid
+ orders are hereby rescinded and annulled.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, May 4, 1865</i>.
+</p>
+<p>
+ This being the day of the funeral of the late President, Abraham
+ Lincoln, at Springfield, Ill., the Executive Office and the various
+ Departments will be closed at 12 m. to-day.
+</p>
+<p class="r">
+ ANDREW JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ SPECIAL ORDERS, No. 211.
+</center>
+<p class="r">
+ WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, May 6, 1865</i>.
+</p>
+<hr>
+<p>
+ 4. A military commission is hereby appointed to meet at Washington,
+ D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon
+ thereafter as practicable, for the trial of David E. Herold, George A.
+ Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+ Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may
+ be brought before it, implicated in the murder of the late President,
+ Abraham Lincoln, and the attempted assassination of the Hon. William H.
+ Seward, Secretary of State, and in an alleged conspiracy to assassinate
+ other officers of the Federal Government at Washington City, and their
+ aiders and abettors.
+</p>
+<center>
+ <i>Detail for the court</i>.
+</center>
+<p><br>
+ Major-General David Hunter, United States Volunteers.<br>
+ Major-General Lewis Wallace, United States Volunteers.<br>
+ Brevet Major-General August V. Kautz, United States Volunteers.<br>
+ Brigadier-General Albion P. Howe, United States Volunteers.<br>
+ Brigadier-General Robert S. Foster, United States Volunteers.<br>
+ Brevet Brigadier-General Cyrus B. Comstock,<a href="#note-3"><small>3</small></a> United States Volunteers.<br>
+ Brigadier-General T.M. Harris, United States Volunteers.<br>
+ Brevet Colonel Horace Porter,<a href="#note-4"><small>4</small></a> aid-de-camp.<br>
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.<br>
+ Brigadier-General Joseph Holt, Judge-Advocate-General, United States
+ Army, is appointed the judge-advocate and recorder of the commission,
+ to be aided by such assistant or special judge-advocate as he may
+ designate.<br>
+</p>
+<p>
+ The commission will sit without regard to hours.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,
+<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT, <i>Washington City, May 7, 1865</i>.
+</p>
+<p>
+ Brigadier-General Holt, Judge-Advocate-General, having designated the
+ Hon. John A. Bingham as a special judge-advocate, whose aid he requires
+ in the prosecution of Herold and others before the military commission
+ of which Major-General Hunter is presiding officer:
+</p>
+<p>
+ <i>It is ordered</i>, That the said John A. Bingham be, and he is hereby,
+ appointed special judge-advocate for the purpose aforesaid, to aid the
+ Judge-Advocate-General, pursuant to the order of the President in
+ respect to said military commission.
+</p>
+<p>
+ By order of the President:
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ SPECIAL ORDERS. No. 216.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, May 9, 1865</i>.
+</p>
+<hr>
+<p>
+ 91. Brevet Brigadier-General Cyrus B. Comstock, United States
+ Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby
+ relieved from duty as members of the military commission appointed in
+ Special Orders, No. 211, paragraph 4, dated "War Department,
+ Adjutant-General's Office, Washington, May 6, 1865," and Brevet
+ Brigadier-General James A. Ekin, United States Volunteers, and Brevet
+ Colonel C.H. Tompkins, United States Army, are detailed in their
+ places, respectively.
+</p>
+<p>
+ The commission will be composed as follows:
+</p>
+<p><br>
+ Major-General David Hunter, United States Volunteers.<br>
+ Major-General Lewis Wallace, United States Volunteers.<br>
+ Brevet Major-General August V. Kautz, United States Volunteers.<br>
+ Brigadier-General Albion P. Howe, United States Volunteers.<br>
+ Brigadier-General Robert S. Poster, United States Volunteers.<br>
+ Brevet Brigadier-General James A. Ekin, United States Volunteers.<br>
+ Brigadier-General T.M. Harris, United States Volunteers.<br>
+ Brevet Colonel C.H. Tompkins, United States Army.<br>
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.<br>
+ Brigadier-General Joseph Holt, judge-advocate and recorder.<br>
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+EXECUTIVE CHAMBER,
+<br>
+<i>Washington City, May 9, 1865</i>.
+</p>
+<p>
+ Executive Order to Reestablish the Authority of the United States and
+ Execute the Laws within the Geographical Limits Known as the State of
+ Virginia.
+</p>
+<p>
+ <i>Ordered</i>, first. That all acts and proceedings of the political,
+ military, and civil organizations which have been in a state of
+ insurrection and rebellion within the State of Virginia against the
+ authority and laws of the United States, and of which Jefferson Davis,
+ John Letcher, and William Smith were late the respective chiefs, are
+ declared null and void. All persons who shall exercise, claim, pretend,
+ or attempt to exercise any political, military, or civil power,
+ authority, jurisdiction, or right by, through, or under Jefferson Davis,
+ late of the city of Richmond, and his confederates, or under John
+ Letcher or William Smith and their confederates, or under any pretended
+ political, military, or civil commission or authority issued by them or
+ either of them since the 17th day of April, 1861, shall be deemed and
+ taken as in rebellion against the United States, and shall be dealt with
+ accordingly.
+</p>
+<p>
+ Second. That the Secretary of State proceed to put in force all laws of
+ the United States the administration whereof belongs to the Department
+ of State applicable to the geographical limits aforesaid.
+</p>
+<p>
+ Third. That the Secretary of the Treasury proceed without delay to
+ nominate for appointment assessors of taxes and collectors of customs
+ and internal revenue and such other officers of the Treasury Department
+ as are authorized by law, and shall put in execution the revenue laws of
+ the United States within the geographical limits aforesaid. In making
+ appointments the preference shall be given to qualified loyal persons
+ residing within the districts where their respective duties are to be
+ performed; but if suitable persons shall not be found residents of the
+ districts, then persons residing in other States or districts shall be
+ appointed.
+</p>
+<p>
+ Fourth. That the Postmaster-General shall proceed to establish
+ post-offices and post routes and put into execution the postal laws of
+ the United States within the said State, giving to loyal residents the
+ preference of appointment; but if suitable persons are not found, then
+ to appoint agents, etc., from other States.
+</p>
+<p>
+ Fifth. That the district judge of said district proceed to hold courts
+ within said State in accordance with the provisions of the act of
+ Congress. The Attorney-General will instruct the proper officers to
+ libel and bring to judgment, confiscation, and sale property subject to
+ confiscation, and enforce the administration of justice within said
+ State in all matters, civil and criminal, within the cognizance and
+ jurisdiction of the Federal courts.
+</p>
+<p>
+ Sixth. That the Secretary of War assign such assistant
+ provost-marshal-general and such provost-marshals in each district of
+ said State as he may deem necessary.
+</p>
+<p>
+ Seventh. The Secretary of the Navy will take possession of all public
+ property belonging to the Navy Department within said geographical
+ limits and put in operation all acts of Congress in relation to naval
+ affairs having application to the said State.
+</p>
+<p>
+ Eighth. The Secretary of the Interior will also put in force the laws
+ relating to the Department of the Interior.
+</p>
+<p>
+ Ninth. That to carry into effect the guaranty by the Federal
+ Constitution of a republican form of State government and afford the
+ advantage and security of domestic laws, as well as to complete the
+ reestablishment of the authority and laws of the United States and the
+ full and complete restoration of peace within the limits aforesaid,
+ Francis H. Peirpoint, governor of the State of Virginia, will be aided
+ by the Federal Government so far as may be necessary in the lawful
+ measures which he may take for the extension and administration of the
+ State government throughout the geographical limits of said State.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ W. HUNTER,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington City, May 27, 1865</i>.
+</p>
+<p>
+ <i>Ordered</i>, That in all cases of sentences by military tribunals of
+ imprisonment during the war the sentence be remitted and that the
+ prisoners be discharged. The Adjutant-General will issue immediately the
+ necessary instructions to carry this order into effect.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, D.C., May 31, 1865</i>.
+</p>
+<p>
+ To-morrow, the 1st of June, being the day appointed for special
+ humiliation and prayer in consequence of the assassination of Abraham
+ Lincoln, late President of the United States, the Executive Office and
+ the various Departments will be closed during the day.
+</p>
+<p class="r">
+ ANDREW JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 107.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, June 2, 1865</i>.
+</p>
+<p>
+ <i>Ordered</i>, That all military restrictions upon trade in any of the
+ States or Territories of the United States, except in articles
+ contraband of war&mdash;to wit, arms, ammunition, gray cloth, and all
+ articles from which ammunition is manufactured; locomotives, cars,
+ railroad iron, and machinery for operating railroads; telegraph wires,
+ insulators, and instruments for operating telegraphic lines&mdash;shall cease
+ from and after the present date.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ DEPARTMENT OF STATE,<br>
+ <i>Washington, June 2, 1865</i>.
+</p>
+<p>
+ Whereas, pursuant to the order of the President and as a means required
+ by the public safety, directions were issued from this Department, under
+ date of the 17th of December, 1864, requiring passports from all
+ travelers entering the United States, except immigrant passengers
+ directly entering an American port from a foreign country; and
+</p>
+<p>
+ Whereas the necessities which required the adoption of that measure are
+ believed no longer to exist:
+</p>
+<p>
+ Now, therefore, the President directs that from and after this date the
+ order above referred to shall be, and the same is hereby, rescinded.
+</p>
+<p>
+ Nothing in this regulation, however, will be construed to relieve from
+ due accountability any enemies of the United States or offenders against
+ their peace and dignity who may hereafter seek to enter the country or
+ at any time be found within its lawful jurisdiction.
+</p>
+<p class="r">
+ WILLIAM H. SEWARD.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., June 2, 1865</i>.
+</p>
+<p>
+ Whereas by an act of Congress approved March 3, 1865, there was
+ established in the War Department a Bureau of Refugees, Freedmen, and
+ Abandoned Lands, and to which, in accordance with the said act of
+ Congress, is committed the supervision and management of all abandoned
+ lands and the control of all subjects relating to refugees and freedmen
+ from rebel States, or from any district of country within the territory
+ embraced in the operations of the Army, under such rules and regulations
+ as may be prescribed by the head of the Bureau and approved by the
+ President; and
+</p>
+<p>
+ Whereas it appears that the management of abandoned lands and subjects
+ relating to refugees and freedmen, as aforesaid, have been and still
+ are, by orders based on military exigencies or legislation based on
+ previous statutes, partly in the hands of military officers disconnected
+ with said Bureau and partly in charge of officers of the Treasury
+ Department: It is therefore
+</p>
+<p>
+ <i>Ordered</i>, That all officers of the Treasury Department, all military
+ officers, and all others in the service of the United States turn over
+ to the authorized officers of said Bureau all abandoned lands and
+ property contemplated in said act of Congress approved March 3, 1865,
+ establishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that
+ may now be under or within their control. They will also turn over to
+ such officers all funds collected by tax or otherwise for the benefit of
+ refugees or freedmen or accruing from abandoned lands or property set
+ apart for their use, and will transfer to them all official records
+ connected with the administration of affairs which pertain to said
+ Bureau.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 109.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, June 6, 1865</i>.
+</p>
+<center>
+ ORDER FOR THE DISCHARGE OF CERTAIN PRISONERS OF WAR.
+</center>
+<p>
+ The prisoners of war at the several depots in the North will be
+ discharged under the following regulations and restrictions:
+</p>
+<p>
+ I. All enlisted men of the rebel army and petty officers and seamen of
+ the rebel navy will be discharged upon taking the oath of allegiance.
+</p>
+<p>
+ II. Officers of the rebel army not above the grade of captain and of
+ the rebel navy not above the grade of lieutenant, except such as have
+ graduated at the United States Military or Naval academies and such
+ as held a commission in either the United States Army or Navy at the
+ beginning of the rebellion, may be discharged upon taking the oath
+ of allegiance.
+</p>
+<p>
+ III. When the discharges hereby ordered are completed, regulations will
+ be issued in respect to the discharge of officers having higher rank
+ than captain in the army or lieutenant in the navy.
+</p>
+<p>
+ IV. The several commanders of prison stations will discharge each day as
+ many of the prisoners hereby authorized to be discharged as proper rolls
+ can be prepared for, beginning with those who have been longest in
+ prison and from the most remote points of the country; and certified
+ rolls will be forwarded daily to the Commissary-General of Prisoners of
+ those so discharged. The oath of allegiance only will be administered,
+ but notice will be given that all who desire will be permitted to take
+ the oath of amnesty after their release, in accordance with the
+ regulations of the Department of State respecting the amnesty.
+</p>
+<p>
+ V. The Quartermaster's Department will furnish transportation to all
+ released prisoners to the nearest accessible point to their homes, by
+ rail or by steamboat.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, June 6, 1865</i>.
+</p>
+<p>
+ Whereas circumstances of recent occurrence have made it no longer
+ necessary to continue the prohibition of the departure for her
+ destination of the gunboat <i>Fusyama</i>, built at New York for the Japanese
+ Government, it is consequently ordered that that prohibition be removed.
+ The Secretary of the Treasury will therefore cause a clearance to be
+ issued to the <i>Fusyama</i>, and the Secretary of the Navy will not allow
+ any obstacle thereto.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [From the Daily National Intelligencer, June 13, 1865.]
+</center>
+<center>
+ CIRCULAR.
+</center>
+<p class="r">
+ ATTORNEY-GENERAL'S OFFICE,<br>
+ <i>Washington, June 7, 1865</i>.
+</p>
+<p>
+ By direction of the President, all persons belonging to the excepted
+ classes enumerated in the President's amnesty proclamation of May 29,
+ 1865, who may make special applications to the President for pardon are
+ hereby notified that before their respective applications will be
+ considered it must be shown that they have respectively taken and
+ subscribed the oath (or affirmation) in said proclamation prescribed.
+ Every such person desiring a special pardon should make personal
+ application in writing therefor, and should transmit with such
+ application the original oath (or affirmation) as taken and subscribed
+ before an officer authorized under the rules and regulations promulgated
+ by the Secretary of State to administer the amnesty oath prescribed in
+ the said proclamation of the President.
+</p>
+<p class="r">
+ JAMES SPEED,
+<br>
+ <i>Attorney-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington, D.C., June 9, 1865</i>.
+</p>
+<p>
+ It is represented to me in a communication from the Secretary of the
+ Interior that Indians in New Mexico have been seized and reduced into
+ slavery, and it is recommended that the authority of the executive
+ branch of the Government should be exercised for the effectual
+ suppression of a practice which is alike in violation of the rights
+ of the Indians and of the provisions of the organic law of the said
+ Territory.
+</p>
+<p>
+ Concurring in this recommendation, I do hereby order that the heads
+ of the several Executive Departments do enjoin upon the subordinates,
+ agents, and employees under their respective orders or supervision in
+ that Territory to discountenance the practice aforesaid and to take all
+ lawful means to suppress the same.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL COURT-MARTIAL ORDERS, No. 356.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, July 5, 1865</i>.
+</p>
+<p>
+ I. Before a military commission which convened at Washington, D.C.,
+ May 9, 1865, pursuant to paragraph 4 of Special Orders, No. 211,
+ dated May 6, 1865, and paragraph 91 of Special Orders, No. 216, dated
+ May 9, 1865, War Department, Adjutant-General's Office, Washington,
+ and of which Major-General David Hunter, United States Volunteers, is
+ president, were arraigned and tried David E. Herold, G.A. Atzerodt,
+ Lewis Payne, Mary E. Surratt, Michael O'Laughlin, Edward Spangler,
+ Samuel Arnold, and Samuel A. Mudd.
+</p>
+<center>
+ CHARGE I.
+</center>
+<p>
+ For maliciously, unlawfully, and traitorously, and in aid of the
+ existing armed rebellion against the United States of America, on or
+ before the 6th day of March, A.D. 1865, and on divers other days between
+ that day and the 15th day of April, A.D. 1865, combining, confederating,
+ and conspiring together with one John H. Surratt, John Wilkes Booth,
+ Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson,
+ William C. Cleary, Clement C. Clay, George Harper, George Young, and
+ others unknown to kill and murder, within the Military Department of
+ Washington, and within the fortified and intrenched lines thereof,
+ Abraham Lincoln, late, and at the time of said combining, confederating,
+ and conspiring, President of the United States of America and Commander
+ in Chief of the Army and Navy thereof; Andrew Johnson, now
+ Vice-President of the United States aforesaid; William H. Seward,
+ Secretary of State of the United States aforesaid; and Ulysses S. Grant,
+ Lieutenant-General of the Army of the United States aforesaid, then in
+ command of the armies of the United States, under the direction of the
+ said Abraham Lincoln; and in pursuance of and in prosecuting said
+ malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of
+ said rebellion, afterwards, to wit, on the 14th day of April, A.D. 1865,
+ within the Military Department of Washington aforesaid, and within the
+ fortified and intrenched lines of said military department, together
+ with said John Wilkes Booth and John H. Surratt, maliciously,
+ unlawfully, and traitorously murdering the said Abraham Lincoln, then
+ President of the United States and Commander in Chief of the Army and
+ Navy of the United States as aforesaid; and maliciously, unlawfully, and
+ traitorously assaulting, with intent to kill and murder, the said
+ William H. Seward, then Secretary of State of the United States as
+ aforesaid; and lying in wait, with intent maliciously, unlawfully, and
+ traitorously to kill and murder the said Andrew Johnson, then being
+ Vice-President of the United States, and the said Ulysses S. Grant, then
+ being Lieutenant-General and in command of the armies of the United
+ States as aforesaid.
+</p>
+<center>
+ SPECIFICATION FIRST.
+</center>
+<p>
+ In this, that they, the said David E. Herold, Edward Spangler, Lewis
+ Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A.
+ Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and
+ John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis,
+ George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary,
+ Clement C. Clay, George Harper, George Young, and, others unknown,
+ citizens of the United States aforesaid, and who were then engaged In
+ armed rebellion against the United States of America, within the limits
+ thereof, did, in aid of said armed rebellion, on or before the 6th day
+ of March, A.D. 1865, and on divers other days and times between that day
+ and the 15th day of April, A.D. 1865, combine, confederate, and conspire
+ together at Washington City, within the Military Department of
+ Washington, and within the intrenched fortifications and military lines
+ of the said United States there being, unlawfully, maliciously, and
+ traitorously to kill and murder Abraham Lincoln, then President of the
+ United States aforesaid and Commander in Chief of the Army and Navy
+ thereof; and unlawfully, maliciously, and traitorously to kill and
+ murder Andrew Johnson, now Vice-President of the said United States,
+ upon whom, on the death of said Abraham Lincoln, after the 4th day of
+ March, A.D. 1865, the office of President of the said United States and
+ Commander in Chief of the Army and Navy thereof would devolve; and to
+ unlawfully, maliciously, and traitorously kill and murder Ulysses S.
+ Grant, then Lieutenant-General, and, under the direction of the said
+ Abraham Lincoln, in command of the armies of the United States
+ aforesaid; and unlawfully, maliciously, and traitorously to kill and
+ murder William H. Seward, then Secretary of State of the United States
+ aforesaid, whose duty it was by law, upon the death of said President
+ and Vice-President of the United States aforesaid, to cause an election
+ to be held for electors of President of the United States&mdash;the
+ conspirators aforesaid designing and intending by the killing and murder
+ of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and
+ William H. Seward, as aforesaid, to deprive the Army and Navy of the
+ said United States of a constitutional Commander in Chief, and to
+ deprive the armies of the United States of their lawful commander, and
+ to prevent a lawful election of President and Vice-President of the
+ United States aforesaid, and by the means aforesaid to aid and comfort
+ the insurgents engaged in armed rebellion against the said United States
+ as aforesaid, and thereby to aid in the subversion and overthrow of the
+ Constitution and laws of the said United States.
+</p>
+<p>
+ And being so combined, confederated, and conspiring together in the
+ prosecution of said unlawful and traitorous conspiracy, on the night of
+ the 14th day of April, A.D. 1865, at the hour of about 10 o'clock and 15
+ minutes p.m., at Ford's Theater, on Tenth street, in the city of
+ Washington, and within the military department and military lines
+ aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in
+ pursuance of said unlawful and traitorous conspiracy, did then and there
+ unlawfully, maliciously, and traitorously, and with intent to kill and
+ murder the said Abraham Lincoln, discharge a pistol then held in the
+ hands of him, the said Booth, the same being then loaded with powder and
+ a leaden ball, against and upon the left and posterior side of the head
+ of the said Abraham Lincoln, and did thereby then and there inflict upon
+ him, the said Abraham Lincoln, then President of the said United States
+ and Commander in Chief of the Army and Navy thereof, a mortal wound,
+ whereof afterwards, to wit, on the 15th day of April, A.D. 1865, at
+ Washington City aforesaid, the said Abraham Lincoln died; and thereby
+ then and there, and in pursuance of said conspiracy, the said defendants
+ and the said John Wilkes Booth and John H. Surratt did unlawfully,
+ traitorously, and maliciously, and with the intent to aid the rebellion
+ as aforesaid, kill and murder the said Abraham Lincoln, President of the
+ United States as aforesaid.
+</p>
+<p>
+ And in further prosecution of the unlawful and traitorous conspiracy
+ aforesaid and of the murderous and traitorous intent of said conspiracy,
+ the said Edward Spangler, on said 14th day of April, A.D. 1865, at about
+ the same hour of that day as aforesaid, within said military department
+ and the military lines aforesaid, did aid and assist the said John
+ Wilkes Booth to obtain entrance to the box in said theater in which said
+ Abraham Lincoln was sitting at the time he was assaulted and shot, as
+ aforesaid, by John Wilkes Booth; and also did then and there aid said
+ Booth in barring and obstructing the door of the box of said theater, so
+ as to hinder and prevent any assistance to or rescue of the said Abraham
+ Lincoln against the murderous assault of the said John Wilkes Booth, and
+ did aid and abet him in making his escape after the said Abraham Lincoln
+ had been murdered in manner aforesaid.
+</p>
+<p>
+ And in further prosecution of said unlawful, murderous, and traitorous
+ conspiracy, and in pursuance thereof, and with the intent as aforesaid,
+ the said David B. Herold did, on the night of the 14th of April, A.D.
+ 1865, within the military department and military lines aforesaid, aid,
+ abet, and assist the said John Wilkes Booth in the killing and murder of
+ the said Abraham Lincoln, and did then and there aid and abet and assist
+ him, the said John Wilkes Booth, in attempting to escape through the
+ military lines aforesaid, and did accompany and assist the said John
+ Wilkes Booth in attempting to conceal himself and escape from justice
+ after killing and murdering said Abraham Lincoln, as aforesaid.
+</p>
+<p>
+ And in further prosecution of said unlawful and traitorous conspiracy
+ and of the intent thereof as aforesaid, the said Lewis Payne did, on the
+ same night of the 14th day of April, A.D. 1865, about the same hour of
+ 10 o'clock and 15 minutes p.m., at the city of Washington, and within
+ the military department and the military lines aforesaid, unlawfully and
+ maliciously make an assault upon the said William H. Seward, Secretary
+ of State, as aforesaid, in the dwelling house and bedchamber of him, the
+ said William H. Seward, and the said Payne did then and there, with a
+ large knife held in his hand, unlawfully, traitorously, and in pursuance
+ of said conspiracy, strike, stab, cut, and attempt to kill and murder
+ the said William H. Seward, and did thereby then and there, and with the
+ intent aforesaid, with said knife, inflict upon the face and throat of
+ the said William H. Seward divers grievous wounds; and the said Lewis
+ Payne, in further prosecution of said conspiracy, at the same time and
+ place last aforesaid, did attempt, with the knife aforesaid and a pistol
+ held in his hand, to kill and murder Frederick W. Seward, Augustus H.
+ Seward, Emrick W. Hansell, and George F. Robinson, who were then
+ striving to protect and rescue the said William H. Seward from murder by
+ the said Lewis Payne, and did then and there, with said knife and pistol
+ held in his hands, inflict upon the head of said Frederick W. Seward and
+ upon the persons of said Augustus H. Seward, Emrick W. Hansell, and
+ George F. Robinson divers grievous and dangerous wounds, with intent
+ then and there to kill and murder the said Frederick W. Seward, Augustus
+ H. Seward, Emrick W. Hansell, and George F. Robinson.
+</p>
+<p>
+ And in further prosecution of said conspiracy and its traitorous and
+ murderous designs, the said George A. Atzerodt did, on the night of the
+ 14th of April, A.D. 1865, and about the same hour of the night
+ aforesaid, within the military department and the military lines
+ aforesaid, lie in wait for Andrew Johnson, then Vice-President of the
+ United States aforesaid, with the intent unlawfully and maliciously to
+ kill and murder him, the said Andrew Johnson.
+</p>
+<p>
+ And in the further prosecution of the conspiracy aforesaid and of its
+ murderous and treasonable purposes aforesaid, on the nights of the 13th
+ and 14th of April, A.D. 1865, at Washington City, and within the
+ military department and military lines aforesaid, the said Michael
+ O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+ Lieutenant-General and commander of the armies of the United States as
+ aforesaid, with intent then and there to kill and murder the said
+ Ulysses S. Grant.
+</p>
+<p>
+ And in further prosecution of said conspiracy, the said Samuel Arnold
+ did, within the military department and military lines aforesaid, on or
+ before the 6th day of March, A.D. 1865, and on divers other days and
+ times between that day and the 15th day of April, A.D. 1865, combine,
+ conspire with, and aid, counsel, abet, comfort, and support the said
+ John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin,
+ and their confederates in said unlawful, murderous, and traitorous
+ conspiracy and in the execution thereof, as aforesaid.
+</p>
+<p>
+ And in further prosecution of the said conspiracy, Mary B. Surratt did,
+ at Washington City, and within the military department and military
+ lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+ divers other days and times between that day and the 20th day of April,
+ A.D. 1865, receive, entertain, harbor and conceal, aid and assist, the
+ said John Wilkes Booth, David B. Herold, Lewis Payne, John H. Surratt,
+ Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their
+ confederates, with knowledge of the murderous and traitorous conspiracy
+ aforesaid, and with intent to aid, abet, and assist them in the
+ execution thereof and in escaping from justice after the murder of the
+ said Abraham Lincoln, as aforesaid.
+</p>
+<p>
+ And in further prosecution of said conspiracy, the said Samuel A. Mudd
+ did, at Washington City, and within the military department and military
+ lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+ divers other days and times between that day and the 20th day of April,
+ A.D. 1865, advise, encourage, receive, entertain, harbor and conceal,
+ aid and assist, the said John Wilkes Booth, David B. Herold, Lewis
+ Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary B.
+ Surratt, and Samuel Arnold, and their confederates, with knowledge of
+ the murderous and traitorous conspiracy aforesaid, and with intent to
+ aid, abet, and assist them in the execution thereof and in escaping from
+ justice after the murder of the said Abraham Lincoln, in pursuance of
+ said conspiracy, in manner aforesaid.
+</p>
+<p>
+ To which charge and specification the accused, David B. Herold, G.A.
+ Atzerodt, Lewis Payne, Mary B. Surratt, Michael O'Laughlin, Edward
+ Spangler, Samuel Arnold, and Samuel A. Mudd, pleaded "not guilty."
+</p>
+<center>
+ FINDINGS AND SENTENCES.
+</center>
+<p>
+ 1. In the case of David B. Herold, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except combining, confederating, and
+ conspiring with Edward Spangler; as to which part thereof, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except the words of the charge that he combined,
+ confederated, and conspired with Edward Spangler; as to which part of
+ said charge, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said David B.
+ Herold, "To be hanged by the neck until he be dead, at such time and
+ place as the President of the United States shall direct; two-thirds of
+ the members of the commission concurring therein."
+</p>
+<p>
+ 2. In the case of George A. Atzerodt, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except combining, confederating, and
+ conspiring with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except combining, confederating, and conspiring
+ with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said George A.
+ Atzerodt, "To be hung by the neck until he be dead, at such time and
+ place as the President of the United States shall direct; two-thirds of
+ the members of the commission concurring therein."
+</p>
+<p>
+ 3. In the case of Lewis Payne, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except combining, confederating, and
+ conspiring with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except combining, confederating, and conspiring
+ with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said Lewis Payne,
+ "To be hung by the neck until he be dead, at such time and place as the
+ President of the United States shall direct; two-thirds of the members
+ of the commission concurring therein."
+</p>
+<p>
+ 4. In the case of Mary B. Surratt, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except as to receiving, entertaining,
+ harboring, and concealing Samuel Arnold and Michael O'Laughlin, and
+ except as to combining, confederating, and conspiring with Edward
+ Spangler; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except as to combining, confederating, and
+ conspiring with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence her, the said Mary B.
+ Surratt, "To be hung by the neck until she be dead, at such time and
+ place as the President of the United States shall direct; two-thirds of
+ the members of the commission concurring therein."
+</p>
+<p>
+ 5. In the case of Michael O'Laughlin, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except the words thereof as follows: 'And
+ in the further prosecution of the conspiracy aforesaid and of its
+ murderous and treasonable purposes aforesaid, on the nights of the 13th
+ and 14th of April, A.D. 1865, at Washington City, and within the
+ military department and military lines aforesaid, the said Michael
+ O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+ Lieutenant-General and commander of the armies of the United States,
+ with intent then and there to kill and murder the said Ulysses S.
+ Grant;' of said words, not guilty; and except combining, confederating,
+ and conspiring with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except combining, confederating, and conspiring
+ with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said Michael
+ O'Laughlin, "To be imprisoned at hard labor for life at such
+ penitentiary as the President of the United States shall designate."
+</p>
+<p>
+ 6. In the case of Edward Spangler, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Not guilty, except as to the words, 'The said
+ Edward Spangler, on said 14th day of April, A.D. 1865, at about the same
+ hour of that day as aforesaid, within said military department and the
+ military lines aforesaid, did aid and abet him (meaning John Wilkes
+ Booth) in making his escape after the said Abraham Lincoln had been
+ murdered in manner aforesaid;' and of these words, guilty."
+</p>
+<p>
+ Of the charge, "Not guilty, but guilty of having feloniously and
+ traitorously aided and abetted John Wilkes Booth in making his escape
+ after having killed and murdered Abraham Lincoln, President of the
+ United States, he the said Edward Spangler, at the time of aiding and
+ abetting as aforesaid, well knowing that the said Abraham Lincoln,
+ President as aforesaid, had been murdered by the said John Wilkes Booth,
+ as aforesaid."
+</p>
+<p>
+ And the commission does therefore sentence him, the said Edward
+ Spangler, "To be confined at hard labor for the period of six years at
+ such penitentiary as the President of the United States shall
+ designate."
+</p>
+<p>
+ 7. In the case of Samuel Arnold, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except combining, confederating, and
+ conspiring with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except combining, confederating, and conspiring
+ with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said Samuel Arnold,
+ "To be imprisoned at hard labor for life at such penitentiary as the
+ President of the United States shall designate."
+</p>
+<p>
+ 8. In the case of Samuel A. Mudd, the commission, having maturely
+ considered the evidence adduced, finds the accused as follows:
+</p>
+<p>
+ Of the specification, "Guilty, except combining, confederating, and
+ conspiring with Edward Spangler; of this, not guilty; and except
+ receiving, entertaining, harboring, and concealing Lewis Payne, John H.
+ Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and
+ Samuel Arnold; of this, not guilty."
+</p>
+<p>
+ Of the charge, "Guilty, except combining, confederating, and conspiring
+ with Edward Spangler; of this, not guilty."
+</p>
+<p>
+ And the commission does therefore sentence him, the said Samuel A. Mudd,
+ "To be imprisoned at hard labor for life at such penitentiary as the
+ President of the United States shall designate."
+</p>
+<p>
+ II. The proceedings, findings, and sentences in the foregoing cases
+ having been submitted to the President of the United States, the
+ following are his orders:
+</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>July 5, 1865</i>.
+</p>
+<p>
+ The foregoing sentences in the cases of David E. Herold, George A.
+ Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+ Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it
+ is ordered that the sentences in the cases of David E. Herold, G.A.
+ Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by
+ the proper military authority, under the direction of the Secretary of
+ War, on the 7th day of July, 1865, between the hours of 10 o'clock a.m.
+ and 2 o'clock p.m. of that day. It is further ordered that the prisoners
+ Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin
+ be confined at hard labor in the penitentiary at Albany, N.Y., during
+ the period designated in their respective sentences.
+</p>
+<p class="r">
+ ANDREW JOHNSON, <i>President</i>.
+</p>
+<p>
+ III. Major-General W.S. Hancock, United States Volunteers, commanding
+ Middle Military Division, is commanded to cause the foregoing sentences
+ in the cases of David E. Herold, G.A. Atzerodt, Lewis Payne, and Mary E.
+ Surratt to be duly executed in accordance with the President's order.
+</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>July 15, 1865</i>.
+</p>
+<p>
+ IV. The Executive order dated July 5, 1865, approving the sentences in
+ the cases of Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael
+ O'Laughlin, is hereby modified so as to direct that the said Arnold,
+ Mudd, Spangler, and O'Laughlin be confined at hard labor in the military
+ prison at Dry Tortugas, Florida, during the period designated in their
+ respective sentences.
+</p>
+<p>
+ The Adjutant-General of the Army is directed to issue orders for the
+ said prisoners to be transported to the Dry Tortugas, and to be confined
+ there accordingly.
+</p>
+<p class="r">
+ ANDREW JOHNSON, <i>President</i>.
+</p>
+<p>
+ V. Major-General W.S. Hancock, United States Volunteers, commanding
+ Middle Military Division, is commanded to send the prisoners Samuel
+ Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, under
+ charge of a commissioned officer, with a sufficient guard, to the Dry
+ Tortugas, Florida, where they will be delivered to the commanding
+ officer of the post, who is hereby ordered to confine the said Arnold,
+ Mudd, Spangler, and O'Laughlin at hard labor during the periods
+ designated in their respective sentences.
+</p>
+<p>
+ VI. The military commission of which Major-General David Hunter is
+ president is hereby dissolved.
+</p>
+<p>
+ By command of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND, <i>Assistant Adjutant-General</i>.
+</p>
+<p class="r">
+ WASHINGTON, <i>August 7, 1865</i>.
+</p>
+<p>
+ An impression seems to prevail that the interests of persons having
+ business with the executive government require that they should have
+ personal interviews with the President or heads of Departments. As this
+ impression is believed to be entirely unfounded, it is expected that
+ applications relating to such business will hereafter be made in writing
+ to the head of that Department to which the business may have been
+ assigned by law. Those applications will in their order be considered
+ and disposed of by heads of Departments, subject to the approval of the
+ President. This order is made necessary by the unusual numbers of
+ persons visiting the seat of Government. It is impracticable to grant
+ personal interviews to all of them, and desirable that there should be
+ no invidious distinction in this respect. Similar business of persons
+ who can not conveniently leave their homes must be neglected if the time
+ of the executive officers here is engrossed by personal interviews with
+ others.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [From the Daily National Intelligencer, August 26, 1865.]
+</center>
+<p class="r">
+ DEPARTMENT OF STATE,<br>
+ <i>Washington, August 25, 1865</i>.
+</p>
+<p>
+ Paroled prisoners asking passports as citizens of the United States, and
+ against whom no special charges may be pending, will be furnished with
+ passports upon application therefor to the Department of State in the
+ usual form. Such passports will, however, be issued upon the condition
+ that the applicants do not return to the United States without leave of
+ the President. Other persons implicated in the rebellion who may wish to
+ go abroad will apply to the Department of State for passports, and the
+ applications will be disposed of according to the merits of the several
+ cases.
+</p>
+<p>
+ By the President of the United States:
+</p>
+<p class="r">
+ WILLIAM H. SEWARD.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE, <i>September 7, 1865</i>.
+</p>
+<p>
+ <i>It is hereby ordered</i>, That so much of the Executive order bearing date
+ the 7th [2d] day of June, 1865, as made it the duty of all officers
+ of the Treasury Department, military officers, and all others in the
+ service of the United States to turn over to the authorized officers
+ of the Bureau of Refugees, Freedmen, and Abandoned Lands all funds
+ collected by tax or otherwise for the benefit of refugees or freedmen,
+ or accruing from abandoned lands or property set apart for their use,
+ be, and the same is hereby, suspended.
+</p>
+<p class="r">
+ ANDREW JOHNSON,<br>
+ <i>President</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 138.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, September 16, 1865</i>.
+</p>
+<p>
+ To provide for the transportation required by the Bureau of Refugees,
+ Freedmen, and Abandoned Lands&mdash;
+</p>
+<p>
+ <i>It is ordered</i>, That upon the requisition of the Commissioner or the
+ assistant commissioners of the Bureau transportation be furnished such
+ destitute refugees and freedmen as are dependent upon the Government for
+ support to points where they can procure employment and subsistence and
+ support themselves, and thus relieve the Government, provided such
+ transportation be confined by assistant commissioners within the limits
+ of their jurisdiction.
+</p>
+<p>
+ Second. Free transportation on Government transports and United States
+ military railroads will be furnished to such teachers only of refugees
+ and freedmen, and persons laboring voluntarily in behalf of refugees and
+ freedmen, as may be duly accredited by the Commissioner or assistant
+ commissioners of the Bureau.
+</p>
+<p>
+ All stores and schoolbooks necessary to the subsistence, comfort, and
+ instruction of dependent refugees and freedmen may be transported at
+ Government expense, when such stores and books shall be turned over to
+ the officers of the Quartermaster's Department, with the approval of the
+ assistant commissioners, Commissioner, or department commander, the same
+ to be transported as public stores, consigned to the quartermaster of
+ the post to which they are destined, who, after inspection, will turn
+ them over to the assistant commissioners or Bureau agent for whom they
+ are intended for distribution.
+</p>
+<p>
+ All army officers traveling on public duty, under the orders of the
+ commissioners, within the limits of their respective jurisdictions, will
+ be entitled to mileage or actual cost of transportation, according to
+ the revised Army Regulations, when transportation has not been furnished
+ them by the Quartermaster's Department.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ SPECIAL ORDERS, NO. 503.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, September 19, 1865</i>.
+</p>
+<hr>
+<p>
+ It has been represented to the Department that commanders of
+ military posts and districts in Georgia, and particularly Brevet
+ Brigadier-General C.H. Grosvenor, provost-marshal-general, and Brevet
+ Major-General King, commanding in the district of Augusta, have assumed
+ to decide questions of contracts and conflicting claims of property
+ between individuals, and to order the delivery, surrender, or transfer
+ of property and documents of title as between private persons, in which
+ the Government is not concerned.
+</p>
+<p>
+ All such acts and proceedings on the part of military authorities in
+ said State are declared by the President to be without authority and
+ null and void.
+</p>
+<p>
+ All military commanders and authorities within said State are strictly
+ ordered to abstain from any such acts, and not in any way to interfere
+ with or assume to adjudicate any right, title, or claim of property
+ between private individuals, and to suspend all action upon any orders
+ heretofore made in respect to the ownership or delivery of property and
+ the validity of contracts between private persons.
+</p>
+<p>
+ They are also forbidden from being directly or indirectly interested in
+ any sales or contracts for cotton or other products of said State, and
+ from using or suffering to be used any Government transportation for the
+ transporting of cotton or other products of said State for or in behalf
+ of private persons on any pretense whatever.
+</p>
+<p>
+ Military officers have no authority to interfere in any way in questions
+ of sale or contracts of any kind between individuals or to decide any
+ question of property between them without special instructions from this
+ Department authorizing their action, and the usurpation of such power
+ will be treated as a grave military offense.
+</p>
+<p>
+ Major-General Steedman, commanding the Department of Georgia,
+ is specially charged with the enforcement of this order, and
+ directed to make report as to any acts, proceedings, or orders
+ of Brevet Major-General King and Brevet Brigadier-General Grosvenor,
+ provost-marshal-general, in regard to contracts or conflicting claims
+ of individuals in relation to cotton or other products, and to suspend
+ all action upon any such orders until further instructions.
+</p>
+<p>
+ By order of the President of the United States.
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 145.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, October 9, 1865</i>.
+</p>
+<p>
+ Whereas certain tracts of land, situated on the coast of South Carolina,
+ Georgia, and Florida, at the time for the most part vacant, were set
+ apart by Major-General W.T. Sherman's special field order No. 15 for
+ the benefit of refugees and freedmen that had been congregated by the
+ operations of war or had been left to take care of themselves by their
+ former owners; and
+</p>
+<p>
+ Whereas an expectation was thereby created that they would be able to
+ retain possession of said lands; and
+</p>
+<p>
+ Whereas a large number of the former owners are earnestly soliciting the
+ restoration of the same and promising to absorb the labor and care for
+ the freedmen:
+</p>
+<p>
+ <i>It is ordered</i>, That Major-General Howard, Commissioner of the
+ Bureau of Refugees, Freedmen, and Abandoned Lands, proceed to the
+ several above-named States and endeavor to effect an arrangement
+ mutually satisfactory to the freedmen and the landowners, and make
+ report. And in case a mutually satisfactory arrangement can be effected,
+ he is duly empowered and directed to issue such orders as may become
+ necessary, after a full and careful investigation of the interests of
+ the parties concerned.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE, <i>October 11, 1865</i>.
+</p>
+<p>
+ Whereas the following-named persons, to wit, John A. Campbell, of
+ Alabama; John H. Reagan, of Texas; Alexander H. Stephens, of Georgia;
+ George A. Trenholm, of South Carolina, and Charles Clark, of
+ Mississippi, lately engaged in rebellion against the United States
+ Government, who are now in close custody, have made their submission to
+ the authority of the United States and applied to the President for
+ pardon under his proclamation; and
+</p>
+<p>
+ Whereas the authority of the Federal Government is sufficiently restored
+ in the aforesaid States to admit of the enlargement of said persons from
+ close custody:
+</p>
+<p>
+ <i>It is ordered</i>, That they be released on giving their respective
+ paroles to appear at such time and place as the President may designate
+ to answer any charge that he may direct to be preferred against them,
+ and also that they will respectively abide until further orders in the
+ places herein designated, and not depart therefrom, to wit:
+</p>
+<p>
+ John A. Campbell, in the State of Alabama; John H. Reagan, in the State
+ of Texas; Alexander H. Stephens, in the State of Georgia; George A.
+ Trenholm, in the State of South Carolina; and Charles Clark, in the
+ State of Mississippi. And if the President should grant his pardon to
+ any of said persons, such person's parole will be thereby discharged.
+</p>
+<p class="r">
+ ANDREW JOHNSON,<br>
+ <i>President</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE,<br>
+ <i>Washington City, November 11, 1865</i>.
+</p>
+<p>
+ <i>Ordered</i>, That the civil and military agents of the Government transfer
+ to the assistant commissioner of the Bureau of Refugees, Freedmen, and
+ Abandoned Lands for Alabama the use and custody of all real estate,
+ buildings, or other property, except cotton, seized or held by them in
+ that State as belonging to the late rebel government, together with
+ all such funds as may arise or have arisen from the rent, sale, or
+ disposition of such property which have not been finally paid into
+ the Treasury of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON,<br>
+ <i>President</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, N0. 164.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, November 24, 1865</i>.
+</p>
+<p>
+ <i>Ordered</i>, That&mdash;
+</p>
+<p>
+ I. All persons claiming reward for the apprehension of John Wilkes
+ Booth, Lewis Payne, G.A. Atzerodt, and David E. Herold, and Jefferson
+ Davis, or either of them, are notified to file their claims and their
+ proofs with the Adjutant-General for final adjudication by the special
+ commission appointed to award and determine upon the validity of such
+ claims before the 1st day of January next, after which time no claims
+ will be received.
+</p>
+<p>
+ II. The rewards offered for the arrest of Jacob Thompson, Beverley
+ Tucker, George N. Sanders, William G. Cleary, and John H. Surratt are
+ revoked.
+</p>
+<p>
+ By order of the President of the United States:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ FIRST ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 4, 1865</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ To express gratitude to God in the name of the people for the
+ preservation of the United States is my first duty in addressing you.
+ Our thoughts next revert to the death of the late President by an act
+ of parricidal treason. The grief of the nation is still fresh. It finds
+ some solace in the consideration that he lived to enjoy the highest
+ proof of its confidence by entering on the renewed term of the Chief
+ Magistracy to which he had been elected; that he brought the civil war
+ substantially to a close; that his loss was deplored in all parts of the
+ Union, and that foreign nations have rendered justice to his memory.
+ His removal cast upon me a heavier weight of cares than ever devolved
+ upon any one of his predecessors. To fulfill my trust I need the support
+ and confidence of all who are associated with me in the various
+ departments of Government and the support and confidence of the people.
+ There is but one way in which I can hope to gain their necessary aid.
+ It is to state with frankness the principles which guide my conduct, and
+ their application to the present state of affairs, well aware that the
+ efficiency of my labors will in a great measure depend on your and their
+ undivided approbation.
+</p>
+<p>
+ The Union of the United States of America was intended by its authors to
+ last as long as the States themselves shall last. "The Union shall be
+ perpetual" are the words of the Confederation. "To form a more perfect
+ Union," by an ordinance of the people of the United States, is the
+ declared purpose of the Constitution. The hand of Divine Providence was
+ never more plainly visible in the affairs of men than in the framing and
+ the adopting of that instrument. It is beyond comparison the greatest
+ event in American history, and, indeed, is it not of all events in
+ modern times the most pregnant with consequences for every people of the
+ earth? The members of the Convention which prepared it brought to their
+ work the experience of the Confederation, of their several States, and
+ of other republican governments, old and new; but they needed and they
+ obtained a wisdom superior to experience. And when for its validity it
+ required the approval of a people that occupied a large part of a
+ continent and acted separately in many distinct conventions, what is
+ more wonderful than that, after earnest contention and long discussion,
+ all feelings and all opinions were ultimately drawn in one way to its
+ support? The Constitution to which life was thus imparted contains
+ within itself ample resources for its own preservation. It has power
+ to enforce the laws, punish treason, and insure domestic tranquillity.
+ In case of the usurpation of the government of a State by one man or
+ an oligarchy, it becomes a duty of the United States to make good the
+ guaranty to that State of a republican form of government, and so to
+ maintain the homogeneousness of all. Does the lapse of time reveal
+ defects? A simple mode of amendment is provided in the Constitution
+ itself, so that its conditions can always be made to conform to the
+ requirements of advancing civilization. No room is allowed even for the
+ thought of a possibility of its coming to an end. And these powers of
+ self-preservation have always been asserted in their complete integrity
+ by every patriotic Chief Magistrate&mdash;by Jefferson and Jackson not less
+ than by Washington and Madison. The parting advice of the Father of his
+ Country, while yet President, to the people of the United States was
+ that the free Constitution, which was the work of their hands, might be
+ sacredly maintained; and the inaugural words of President Jefferson
+ held up "the preservation of the General Government in its whole
+ constitutional vigor as the sheet anchor of our peace at home and safety
+ abroad." The Constitution is the work of "the people of the United
+ States," and it should be as indestructible as the people.
+</p>
+<p>
+ It is not strange that the framers of the Constitution, which had no
+ model in the past, should not have fully comprehended the excellence of
+ their own work. Fresh from a struggle against arbitrary power, many
+ patriots suffered from harassing fears of an absorption of the State
+ governments by the General Government, and many from a dread that the
+ States would break away from their orbits. But the very greatness
+ of our country should allay the apprehension of encroachments by the
+ General Government, The subjects that come unquestionably within its
+ jurisdiction are so numerous that it must ever naturally refuse to be
+ embarrassed by questions that lie beyond it. Were it otherwise the
+ Executive would sink beneath the burden, the channels of justice would
+ be choked, legislation would be obstructed by excess, so that there is
+ a greater temptation to exercise some of the functions of the General
+ Government through the States than to trespass on their rightful sphere.
+ The "absolute acquiescence in the decisions of the majority" was at the
+ beginning of the century enforced by Jefferson as "the vital principle
+ of republics;" and the events of the last four years have established,
+ we will hope forever, that there lies no appeal to force.
+</p>
+<p>
+ The maintenance of the Union brings with it "the support of the State
+ governments in all their rights," but it is not one of the rights of any
+ State government to renounce its own place in the Union or to nullify
+ the laws of the Union. The largest liberty is to be maintained in the
+ discussion of the acts of the Federal Government, but there is no appeal
+ from its laws except to the various branches of that Government itself,
+ or to the people, who grant to the members of the legislative and of the
+ executive departments no tenure but a limited one, and in that manner
+ always retain the powers of redress.
+</p>
+<p>
+ "The sovereignty of the States" is the language of the Confederacy, and
+ not the language of the Constitution. The latter contains the emphatic
+ words&mdash;
+</p>
+<p class="q">
+ This Constitution and the laws of the United States which shall be made
+ in pursuance thereof, and all treaties made or which shall be made under
+ the authority of the United States, shall be the supreme law of the
+ land, and the judges in every State shall be bound thereby, anything in
+ the constitution or laws of any State to the contrary notwithstanding.
+</p>
+<p>
+ Certainly the Government of the United States is a limited government,
+ and so is every State government a limited government. With us this idea
+ of limitation spreads through every form of administration&mdash;general,
+ State, and municipal&mdash;and rests on the great distinguishing principle of
+ the recognition of the rights of man. The ancient republics absorbed
+ the individual in the state&mdash;prescribed his religion and controlled
+ his activity. The American system rests on the assertion of the equal
+ right of every man to life, liberty, and the pursuit of happiness, to
+ freedom of conscience, to the culture and exercise of all his faculties.
+ As a consequence the State government is limited&mdash;as to the General
+ Government in the interest of union, as to the individual citizen in the
+ interest of freedom.
+</p>
+<p>
+ States, with proper limitations of power, are essential to the existence
+ of the Constitution of the United States. At the very commencement, when
+ we assumed a place among the powers of the earth, the Declaration of
+ Independence was adopted by States; so also were the Articles of
+ Confederation; and when "the people of the United States" ordained and
+ established the Constitution it was the assent of the States, one by
+ one, which gave it vitality. In the event, too, of any amendment to the
+ Constitution, the proposition of Congress needs the confirmation of
+ States. Without States one great branch of the legislative government
+ would be wanting. And if we look beyond the letter of the Constitution
+ to the character of our country, its capacity for comprehending within
+ its jurisdiction a vast continental empire is due to the system of
+ States. The best security for the perpetual existence of the States is
+ the "supreme authority" of the Constitution of the United States. The
+ perpetuity of the Constitution brings with it the perpetuity of the
+ States; their mutual relation makes us what we are, and in our political
+ system their connection is indissoluble. The whole can not exist without
+ the parts, nor the parts without the whole. So long as the Constitution
+ of the United States endures, the States will endure. The destruction of
+ the one is the destruction of the other; the preservation of the one is
+ the preservation of the other.
+</p>
+<p>
+ I have thus explained my views of the mutual relations of the
+ Constitution and the States, because they unfold the principles on
+ which I have sought to solve the momentous questions and overcome the
+ appalling difficulties that met me at the very commencement of my
+ Administration. It has been my steadfast object to escape from the
+ sway of momentary passions and to derive a healing policy from the
+ fundamental and unchanging principles of the Constitution.
+</p>
+<p>
+ I found the States suffering from the effects of a civil war. Resistance
+ to the General Government appeared to have exhausted itself. The United
+ States had recovered possession of their forts and arsenals, and their
+ armies were in the occupation of every State which had attempted to
+ secede. Whether the territory within the limits of those States should
+ be held as conquered territory, under military authority emanating from
+ the President as the head of the Army, was the first question that
+ presented itself for decision.
+</p>
+<p>
+ Now military governments, established for an indefinite period, would
+ have offered no security for the early suppression of discontent, would
+ have divided the people into the vanquishers and the vanquished, and
+ would have envenomed hatred rather than have restored affection. Once
+ established, no precise limit to their continuance was conceivable. They
+ would have occasioned an incalculable and exhausting expense. Peaceful
+ emigration to and from that portion of the country is one of the best
+ means that can be thought of for the restoration of harmony, and that
+ emigration would have been prevented; for what emigrant from abroad,
+ what industrious citizen at home, would place himself willingly under
+ military rule? The chief persons who would have followed in the train of
+ the Army would have been dependents on the General Government or men who
+ expected profit from the miseries of their erring fellow-citizens. The
+ powers of patronage and rule which would have been exercised, under the
+ President, over a vast and populous and naturally wealthy region are
+ greater than, unless under extreme necessity, I should be willing to
+ intrust to any one man. They are such as, for myself, I could never,
+ unless on occasions of great emergency, consent to exercise. The willful
+ use of such powers, if continued through a period of years, would have
+ endangered the purity of the general administration and the liberties of
+ the States which remained loyal.
+</p>
+<p>
+ Besides, the policy of military rule over a conquered territory would
+ have implied that the States whose inhabitants may have taken part in
+ the rebellion had by the act of those inhabitants ceased to exist. But
+ the true theory is that all pretended acts of secession were from the
+ beginning null and void. The States can not commit treason nor screen
+ the individual citizens who may have committed treason any more than
+ they can make valid treaties or engage in lawful commerce with any
+ foreign power. The States attempting to secede placed themselves in a
+ condition where their vitality was impaired, but not extinguished; their
+ functions suspended, but not destroyed.
+</p>
+<p>
+ But if any State neglects or refuses to perform its offices there is the
+ more need that the General Government should maintain all its authority
+ and as soon as practicable resume the exercise of all its functions.
+ On this principle I have acted, and have gradually and quietly, and by
+ almost imperceptible steps, sought to restore the rightful energy of the
+ General Government and of the States. To that end provisional governors
+ have been appointed for the States, conventions called, governors
+ elected, legislatures assembled, and Senators and Representatives chosen
+ to the Congress of the United States. At the same time the courts of the
+ United States, as far as could be done, have been reopened, so that the
+ laws of the United States may be enforced through their agency. The
+ blockade has been removed and the custom-houses reestablished in ports
+ of entry, so that the revenue of the United States may be collected. The
+ Post-Office Department renews its ceaseless activity, and the General
+ Government is thereby enabled to communicate promptly with its officers
+ and agents. The courts bring security to persons and property; the
+ opening of the ports invites the restoration of industry and commerce;
+ the post-office renews the facilities of social intercourse and of
+ business. And is it not happy for us all that the restoration of each
+ one of these functions of the General Government brings with it a
+ blessing to the States over which they are extended? Is it not a sure
+ promise of harmony and renewed attachment to the Union that after all
+ that has happened the return of the General Government is known only as
+ a beneficence?
+</p>
+<p>
+ I know very well that this policy is attended with some risk; that for
+ its success it requires at least the acquiescence of the States which it
+ concerns; that it implies an invitation to those States, by renewing
+ their allegiance to the United States, to resume their functions as
+ States of the Union. But it is a risk that must be taken. In the choice
+ of difficulties it is the smallest risk; and to diminish and if possible
+ to remove all danger, I have felt it incumbent on me to assert one other
+ power of the General Government&mdash;the power of pardon. As no State can
+ throw a defense over the crime of treason, the power of pardon is
+ exclusively vested in the executive government of the United States. In
+ exercising that power I have taken every precaution to connect it with
+ the clearest recognition of the binding force of the laws of the United
+ States and an unqualified acknowledgment of the great social change of
+ condition in regard to slavery which has grown out of the war.
+</p>
+<p>
+ The next step which I have taken to restore the constitutional relations
+ of the States has been an invitation to them to participate in the high
+ office of amending the Constitution. Every patriot must wish for a
+ general amnesty at the earliest epoch consistent with public safety. For
+ this great end there is need of a concurrence of all opinions and the
+ spirit of mutual conciliation. All parties in the late terrible conflict
+ must work together in harmony. It is not too much to ask, in the name of
+ the whole people, that on the one side the plan of restoration shall
+ proceed in conformity with a willingness to cast the disorders of the
+ past into oblivion, and that on the other the evidence of sincerity in
+ the future maintenance of the Union shall be put beyond any doubt by the
+ ratification of the proposed amendment to the Constitution, which
+ provides for the abolition of slavery forever within the limits of our
+ country. So long as the adoption of this amendment is delayed, so long
+ will doubt and jealousy and uncertainty prevail. This is the measure
+ which will efface the sad memory of the past: this is the measure which
+ will most certainly call population and capital and security to those
+ parts of the Union that need them most. Indeed, it is not too much to
+ ask of the States which are now resuming their places in the family of
+ the Union to give this pledge of perpetual loyalty and peace. Until it
+ is done the past, however much we may desire it, will not be forgotten.
+ The adoption of the amendment reunites us beyond all power of
+ disruption; it heals the wound that is still imperfectly closed; it
+ removes slavery, the element which has so long perplexed and divided the
+ country; it makes of us once more a united people, renewed and
+ strengthened, bound more than ever to mutual affection and support.
+</p>
+<p>
+ The amendment to the Constitution being adopted, it would remain for the
+ States whose powers have been so long in abeyance to resume their places
+ in the two branches of the National Legislature, and thereby complete
+ the work of restoration. Here it is for you, fellow-citizens of the
+ Senate, and for you, fellow-citizens of the House of Representatives,
+ to judge, each of you for yourselves, of the elections, returns, and
+ qualifications of your own members.
+</p>
+<p>
+ The full assertion of the powers of the General Government requires the
+ holding of circuit courts of the United States within the districts
+ where their authority has been interrupted. In the present posture of
+ our public affairs strong objections have been urged to holding those
+ courts in any of the States where the rebellion has existed; and it was
+ ascertained by inquiry that the circuit court of the United States would
+ not be held within the district of Virginia during the autumn or early
+ winter, nor until Congress should have "an opportunity to consider and
+ act on the whole subject." To your deliberations the restoration of
+ this branch of the civil authority of the United States is therefore
+ necessarily referred, with the hope that early provision will be made
+ for the resumption of all its functions. It is manifest that treason,
+ most flagrant in character, has been committed. Persons who are charged
+ with its commission should have fair and impartial trials in the highest
+ civil tribunals of the country, in order that the Constitution and the
+ laws may be fully vindicated, the truth clearly established and affirmed
+ that treason is a crime, that traitors should be punished and the
+ offense made infamous, and, at the same time, that the question may be
+ judicially settled, finally and forever, that no State of its own will
+ has the right to renounce its place in the Union.
+</p>
+<p>
+ The relations of the General Government toward the 4,000,000 inhabitants
+ whom the war has called into freedom have engaged my most serious
+ consideration. On the propriety of attempting to make the freed-men
+ electors by the proclamation of the Executive I took for my counsel the
+ Constitution itself, the interpretations of that instrument by its
+ authors and their contemporaries, and recent legislation by Congress.
+ When at the first movement toward independence, the Congress of the
+ United States instructed the several States to institute governments of
+ their own, they left each State to decide for itself the conditions for
+ the enjoyment of the elective franchise. During the period of the
+ Confederacy there continued to exist a very great diversity in the
+ qualifications of electors in the several States, and even within a
+ State a distinction of qualifications prevailed with regard to the
+ officers who were to be chosen. The Constitution of the United States
+ recognizes these diversities when it enjoins that in the choice of
+ members of the House of Representatives of the United States "the
+ electors in each State shall have the qualifications requisite for
+ electors of the most numerous branch of the State legislature." After
+ the formation of the Constitution it remained, as before, the uniform
+ usage for each State to enlarge the body of its electors according to
+ its own judgment, and under this system one State after another has
+ proceeded to increase the number of its electors, until now universal
+ suffrage, or something very near it, is the general rule. So fixed was
+ this reservation of power in the habits of the people and so
+ unquestioned has been the interpretation of the Constitution that during
+ the civil war the late President never harbored the purpose&mdash;certainly
+ never avowed the purpose&mdash;of disregarding it; and in the acts of
+ Congress during that period nothing can be found which, during the
+ continuance of hostilities, much less after their close, would have
+ sanctioned any departure by the Executive from a policy which has so
+ uniformly obtained. Moreover, a concession of the elective franchise to
+ the freedmen by act of the President of the United States must have been
+ extended to all colored men, wherever found, and so must have
+ established a change of suffrage in the Northern, Middle, and Western
+ States, not less than in the Southern and Southwestern. Such an act
+ would have created a new class of voters, and would have been an
+ assumption of power by the President which nothing in the Constitution
+ or laws of the United States would have warranted.
+</p>
+<p>
+ On the other hand, every danger of conflict is avoided when the
+ settlement of the question is referred to the several States. They can,
+ each for itself, decide on the measure, and whether it is to be adopted
+ at once and absolutely or introduced gradually and with conditions. In
+ my judgment the freedmen, if they show patience and manly virtues, will
+ sooner obtain a participation in the elective franchise through the
+ States than through the General Government, even if it had power to
+ intervene. When the tumult of emotions that have been raised by the
+ suddenness of the social change shall have subsided, it may prove that
+ they will receive the kindest usage from some of those on whom they have
+ heretofore most closely depended.
+</p>
+<p>
+ But while I have no doubt that now, after the close of the war, it
+ is not competent for the General Government to extend the elective
+ franchise in the several States, it is equally clear that good faith
+ requires the security of the freedmen in their liberty and their
+ property, their right to labor, and their right to claim the just return
+ of their labor. I can not too strongly urge a dispassionate treatment
+ of this subject, which should be carefully kept aloof from all party
+ strife. We must equally avoid hasty assumptions of any natural
+ impossibility for the two races to live side by side in a state of
+ mutual benefit and good will. The experiment involves us in no
+ inconsistency; let us, then, go on and make that experiment in good
+ faith, and not be too easily disheartened. The country is in need of
+ labor, and the freedmen are in need of employment, culture, and
+ protection. While their right of voluntary migration and expatriation
+ is not to be questioned, I would not advise their forced removal and
+ colonization. Let us rather encourage them to honorable and useful
+ industry, where it may be beneficial to themselves and to the country;
+ and, instead of hasty anticipations of the certainty of failure,
+ let there be nothing wanting to the fair trial of the experiment.
+ The change in their condition is the substitution of labor by contract
+ for the status of slavery. The freedman can not fairly be accused of
+ unwillingness to work so long as a doubt remains about his freedom
+ of choice in his pursuits and the certainty of his recovering his
+ stipulated wages. In this the interests of the employer and the employed
+ coincide. The employer desires in his workmen spirit and alacrity, and
+ these can be permanently secured in no other way. And if the one ought
+ to be able to enforce the contract, so ought the other. The public
+ interest will be best promoted if the several States will provide
+ adequate protection and remedies for the freedmen. Until this is in some
+ way accomplished there is no chance for the advantageous use of their
+ labor, and the blame of ill success will not rest on them.
+</p>
+<p>
+ I know that sincere philanthropy is earnest for the immediate
+ realization of its remotest aims; but time is always an element in
+ reform. It is one of the greatest acts on record to have brought
+ 4,000,000 people into freedom. The career of free industry must be
+ fairly opened to them, and then their future prosperity and condition
+ must, after all, rest mainly on themselves. If they fail, and so perish
+ away, let us be careful that the failure shall not be attributable to
+ any denial of justice. In all that relates to the destiny of the
+ freedmen we need not be too anxious to read the future; many incidents
+ which, from a speculative point of view, might raise alarm will quietly
+ settle themselves. Now that slavery is at an end, or near its end, the
+ greatness of its evil in the point of view of public economy becomes
+ more and more apparent. Slavery was essentially a monopoly of labor, and
+ as such locked the States where it prevailed against the incoming of
+ free industry. Where labor was the property of the capitalist, the white
+ man was excluded from employment, or had but the second best chance of
+ finding it; and the foreign emigrant turned away from the region where
+ his condition would be so precarious. With the destruction of the
+ monopoly free labor will hasten from all parts of the civilized world to
+ assist in developing various and immeasurable resources which have
+ hitherto lain dormant. The eight or nine States nearest the Gulf of
+ Mexico have a soil of exuberant fertility, a climate friendly to long
+ life, and can sustain a denser population than is found as yet in any
+ part of our country. And the future influx of population to them will
+ be mainly from the North or from the most cultivated nations in Europe.
+ From the sufferings that have attended them during our late struggle let
+ us look away to the future, which is sure to be laden for them with
+ greater prosperity than has ever before been known. The removal of the
+ monopoly of slave labor is a pledge that those regions will be peopled
+ by a numerous and enterprising population, which will vie with any in
+ the Union in compactness, inventive genius, wealth, and industry.
+</p>
+<p>
+ Our Government springs from and was made for the people&mdash;not the people
+ for the Government. To them it owes allegiance; from them it must derive
+ its courage, strength, and wisdom. But while the Government is thus
+ bound to defer to the people, from whom it derives its existence, it
+ should, from the very consideration of its origin, be strong in its
+ power of resistance to the establishment of inequalities. Monopolies,
+ perpetuities, and class legislation are contrary to the genius of free
+ government, and ought not to be allowed. Here there is no room for
+ favored classes or monopolies; the principle of our Government is that
+ of equal laws and freedom of industry. Wherever monopoly attains a
+ foothold, it is sure to be a source of danger, discord, and trouble. We
+ shall but fulfill our duties as legislators by according "equal and
+ exact justice to all men," special privileges to none. The Government is
+ subordinate to the people; but, as the agent and representative of the
+ people, it must be held superior to monopolies, which in themselves
+ ought never to be granted, and which, where they exist, must be
+ subordinate and yield to the Government.
+</p>
+<p>
+ The Constitution confers on Congress the right to regulate commerce
+ among the several States. It is of the first necessity, for the
+ maintenance of the Union, that that commerce should be free and
+ unobstructed. No State can be justified in any device to tax the transit
+ of travel and commerce between States. The position of many States is
+ such that if they were allowed to take advantage of it for purposes of
+ local revenue the commerce between States might be injuriously burdened,
+ or even virtually prohibited. It is best, while the country is still
+ young and while the tendency to dangerous monopolies of this kind is
+ still feeble, to use the power of Congress so as to prevent any selfish
+ impediment to the free circulation of men and merchandise. A tax on
+ travel and merchandise in their transit constitutes one of the worst
+ forms of monopoly, and the evil is increased if coupled with a denial of
+ the choice of route. When the vast extent of our country is considered,
+ it is plain that every obstacle to the free circulation of commerce
+ between the States ought to be sternly guarded against by appropriate
+ legislation within the limits of the Constitution.
+</p>
+<p>
+ The report of the Secretary of the Interior explains the condition of
+ the public lands, the transactions of the Patent Office and the Pension
+ Bureau, the management of our Indian affairs, the progress made in the
+ construction of the Pacific Railroad, and furnishes information in
+ reference to matters of local interest in the District of Columbia. It
+ also presents evidence of the successful operation of the homestead act,
+ under the provisions of which 1,160,533 acres of the public lands were
+ entered during the last fiscal year&mdash;more than one-fourth of the whole
+ number of acres sold or otherwise disposed of during that period. It is
+ estimated that the receipts derived from this source are sufficient to
+ cover the expenses incident to the survey and disposal of the lands
+ entered under this act, and that payments in cash to the extent of from
+ 40 to 50 per cent will be made by settlers who may thus at any time
+ acquire title before the expiration of the period at which it would
+ otherwise vest. The homestead policy was established only after long and
+ earnest resistance; experience proves its wisdom. The lands in the hands
+ of industrious settlers, whose labor creates wealth and contributes to
+ the public resources, are worth more to the United States than if they
+ had been reserved as a solitude for future purchasers.
+</p>
+<p>
+ The lamentable events of the last four years and the sacrifices made by
+ the gallant men of our Army and Navy have swelled the records of the
+ Pension Bureau to an unprecedented extent. On the 30th day of June last
+ the total number of pensioners was 85,986, requiring for their annual
+ pay, exclusive of expenses, the sum of $8,023,445. The number of
+ applications that have been allowed since that date will require a large
+ increase of this amount for the next fiscal year, The means for the
+ payment of the stipends due under existing laws to our disabled soldiers
+ and sailors and to the families of such as have perished in the service
+ of the country will no doubt be cheerfully and promptly granted.
+ A grateful people will not hesitate to sanction any measures having
+ for their object the relief of soldiers mutilated and families made
+ fatherless in the efforts to preserve our national existence.
+</p>
+<p>
+ The report of the Postmaster-General presents an encouraging exhibit
+ of the operations of the Post-Office Department during the year. The
+ revenues of the past year, from the loyal States alone, exceeded the
+ maximum annual receipts from all the States previous to the rebellion
+ in the sum of $6,038,091; and the annual average increase of revenue
+ during the last four years, compared with the revenues of the four
+ years immediately preceding the rebellion, was $3,533,845. The revenues
+ of the last fiscal year amounted to $14,556,158 and the expenditures
+ to $13,694,728, leaving a surplus of receipts over expenditures of
+ $861,430. Progress has been made in restoring the postal service in the
+ Southern States. The views presented by the Postmaster-General against
+ the policy of granting subsidies to the ocean mail steamship lines upon
+ established routes and in favor of continuing the present system, which
+ limits the compensation for ocean service to the postage earnings, are
+ recommended to the careful consideration of Congress.
+</p>
+<p>
+ It appears from the report of the Secretary of the Navy that while at
+ the commencement of the present year there were in commission 530
+ vessels of all classes and descriptions, armed with 3,000 guns and
+ manned by 51,000 men, the number of vessels at present in commission is
+ 117, with 830 guns and 12,128 men. By this prompt reduction of the naval
+ forces the expenses of the Government have been largely diminished, and
+ a number of vessels purchased for naval purposes from the merchant
+ marine have been returned to the peaceful pursuits of commerce. Since
+ the suppression of active hostilities our foreign squadrons have been
+ reestablished, and consist of vessels much more efficient than those
+ employed on similar service previous to the rebellion. The suggestion
+ for the enlargement of the navy-yards, and especially for the
+ establishment of one in fresh water for ironclad vessels, is deserving
+ of consideration, as is also the recommendation for a different location
+ and more ample grounds for the Naval Academy.
+</p>
+<p>
+ In the report of the Secretary of War a general summary is given of the
+ military campaigns of 1864 and 1865, ending in the suppression of armed
+ resistance to the national authority in the insurgent States. The
+ operations of the general administrative bureaus of the War Department
+ during the past year are detailed and an estimate made of the
+ appropriations that will be required for military purposes in the fiscal
+ year commencing the 1st day of July, 1866. The national military force
+ on the 1st of May, 1865, numbered 1,000,516 men. It is proposed to
+ reduce the military establishment to a peace footing, comprehending
+ 50,000 troops of all arms, organized so as to admit of an enlargement
+ by filling up the ranks to 82,600 if the circumstances of the country
+ should require an augmentation of the Army. The volunteer force has
+ already been reduced by the discharge from service of over 800,000
+ troops, and the Department is proceeding rapidly in the work of further
+ reduction. The war estimates are reduced from $516,240,131 to
+ $33,814,461, which amount, in the opinion of the Department, is adequate
+ for a peace establishment. The measures of retrenchment in each bureau
+ and branch of the service exhibit a diligent economy worthy of
+ commendation. Reference is also made in the report to the necessity of
+ providing for a uniform militia system and to the propriety of making
+ suitable provision for wounded and disabled officers and soldiers.
+</p>
+<p>
+ The revenue system of the country is a subject of vital interest to its
+ honor and prosperity, and should command the earnest consideration of
+ Congress. The Secretary of the Treasury will lay before you a full and
+ detailed report of the receipts and disbursements of the last fiscal
+ year, of the first quarter of the present fiscal year, of the probable
+ receipts and expenditures for the other three quarters, and the
+ estimates for the year following the 30th of June, 1866. I might content
+ myself with a reference to that report, in which you will find all the
+ information required for your deliberations and decision, but the
+ paramount importance of the subject so presses itself on my own mind
+ that I can not but lay before you my views of the measures which are
+ required for the good character, and I might almost say for the
+ existence, of this people. The life of a republic lies certainly in the
+ energy, virtue, and intelligence of its citizens; but it is equally true
+ that a good revenue system is the life of an organized government. I
+ meet you at a time when the nation has voluntarily burdened itself with
+ a debt unprecedented in our annals. Vast as is its amount, it fades away
+ into nothing when compared with the countless blessings that will be
+ conferred upon our country and upon man by the preservation of the
+ nation's life. Now, on the first occasion of the meeting of Congress
+ since the return of peace, it is of the utmost importance to inaugurate
+ a just policy, which shall at once be put in motion, and which shall
+ commend itself to those who come after us for its continuance. We must
+ aim at nothing less than the complete effacement of the financial evils
+ that necessarily followed a state of civil war. We must endeavor to
+ apply the earliest remedy to the deranged state of the currency, and not
+ shrink from devising a policy which, without being oppressive to the
+ people, shall immediately begin to effect a reduction of the debt, and,
+ if persisted in, discharge it fully within a definitely fixed number of
+ years.
+</p>
+<p>
+ It is our first duty to prepare in earnest for our recovery from the
+ ever-increasing evils of an irredeemable currency without a sudden
+ revulsion, and yet without untimely procrastination. For that end we
+ must each, in our respective positions, prepare the way. I hold it the
+ duty of the Executive to insist upon frugality in the expenditures, and
+ a sparing economy is itself a great national resource. Of the banks to
+ which authority has been given to issue notes secured by bonds of the
+ United States we may require the greatest moderation and prudence, and
+ the law must be rigidly enforced when its limits are exceeded. We may
+ each one of us counsel our active and enterprising countrymen to be
+ constantly on their guard, to liquidate debts contracted in a paper
+ currency, and by conducting business as nearly as possible on a system
+ of cash payments or short credits to hold themselves prepared to return
+ to the standard of gold and silver. To aid our fellow-citizens in the
+ prudent management of their monetary affairs, the duty devolves on us to
+ diminish by law the amount of paper money now in circulation. Five years
+ ago the bank-note circulation of the country amounted to not much more
+ than two hundred millions; now the circulation, bank and national,
+ exceeds seven hundred millions. The simple statement of the fact
+ recommends more strongly than any words of mine could do the necessity
+ of our restraining this expansion. The gradual reduction of the currency
+ is the only measure that can save the business of the country from
+ disastrous calamities, and this can be almost imperceptibly accomplished
+ by gradually funding the national circulation in securities that may be
+ made redeemable at the pleasure of the Government.
+</p>
+<p>
+ Our debt is doubly secure&mdash;first in the actual wealth and still greater
+ undeveloped resources of the country, and next in the character of our
+ institutions. The most intelligent observers among political economists
+ have not failed to remark that the public debt of a country is safe in
+ proportion as its people are free; that the debt of a republic is the
+ safest of all. Our history confirms and establishes the theory, and is,
+ I firmly believe, destined to give it a still more signal illustration.
+ The secret of this superiority springs not merely from the fact that in
+ a republic the national obligations are distributed more widely through
+ countless numbers in all classes of society; it has its root in the
+ character of our laws. Here all men contribute to the public welfare and
+ bear their fair share of the public burdens. During the war, under the
+ impulses of patriotism, the men of the great body of the people, without
+ regard to their own comparative want of wealth, thronged to our armies
+ and filled our fleets of war, and held themselves ready to offer their
+ lives for the public good. Now, in their turn, the property and income
+ of the country should bear their just proportion of the burden of
+ taxation, while in our impost system, through means of which increased
+ vitality is incidentally imparted to all the industrial interests of
+ the nation, the duties should be so adjusted as to fall most heavily
+ on articles of luxury, leaving the necessaries of life as free from
+ taxation as the absolute wants of the Government economically
+ administered will justify. No favored class should demand freedom from
+ assessment, and the taxes should be so distributed as not to fall unduly
+ on the poor, but rather on the accumulated wealth of the country. We
+ should look at the national debt just as it is&mdash;not as a national
+ blessing, but as a heavy burden on the industry of the country, to be
+ discharged without unnecessary delay.
+</p>
+<p>
+ It is estimated by the Secretary of the Treasury that the expenditures
+ for the fiscal year ending the 30th of June, 1866, will exceed the
+ receipts $112,194,947. It is gratifying, however, to state that it is
+ also estimated that the revenue for the year ending the 30th of June,
+ 1867, will exceed the expenditures in the sum of $111,682,818. This
+ amount, or so much as may be deemed sufficient for the purpose, may be
+ applied to the reduction of the public debt, which on the 31st day of
+ October, 1865, was $2,740,854,750. Every reduction will diminish the
+ total amount of interest to be paid, and so enlarge the means of still
+ further reductions, until the whole shall be liquidated; and this, as
+ will be seen from the estimates of the Secretary of the Treasury, may be
+ accomplished by annual payments even within a period not exceeding
+ thirty years. I have faith that we shall do all this within a reasonable
+ time; that as we have amazed the world by the suppression of a civil war
+ which was thought to be beyond the control of any government, so we
+ shall equally show the superiority of our institutions by the prompt and
+ faithful discharge of our national obligations.
+</p>
+<p>
+ The Department of Agriculture under its present direction is
+ accomplishing much in developing and utilizing the vast agricultural
+ capabilities of the country, and for information respecting the details
+ of its management reference is made to the annual report of the
+ Commissioner.
+</p>
+<p>
+ I have dwelt thus fully on our domestic affairs because of their
+ transcendent importance. Under any circumstances our great extent of
+ territory and variety of climate, producing almost everything that is
+ necessary for the wants and even the comforts of man, make us singularly
+ independent of the varying policy of foreign powers and protect us
+ against every temptation to "entangling alliances," while at the present
+ moment the reestablishment of harmony and the strength that comes from
+ harmony will be our best security against "nations who feel power and
+ forget right." For myself, it has been and it will be my constant aim to
+ promote peace and amity with all foreign nations and powers, and I have
+ every reason to believe that they all, without exception, are animated
+ by the same disposition. Our relations with the Emperor of China, so
+ recent in their origin, are most friendly. Our commerce with his
+ dominions is receiving new developments, and it is very pleasing to find
+ that the Government of that great Empire manifests satisfaction with our
+ policy and reposes just confidence in the fairness which marks our
+ intercourse. The unbroken harmony between the United States and the
+ Emperor of Russia is receiving a new support from an enterprise designed
+ to carry telegraphic lines across the continent of Asia, through his
+ dominions, and so to connect us with all Europe by a new channel of
+ intercourse. Our commerce with South America is about to receive
+ encouragement by a direct line of mail steamships to the rising Empire
+ of Brazil. The distinguished party of men of science who have recently
+ left our country to make a scientific exploration of the natural history
+ and rivers and mountain ranges of that region have received from the
+ Emperor that generous welcome which was to have been expected from his
+ constant friendship for the United States and his well-known zeal in
+ promoting the advancement of knowledge. A hope is entertained that our
+ commerce with the rich and populous countries that border the
+ Mediterranean Sea may be largely increased. Nothing will be wanting on
+ the part of this Government to extend the protection of our flag over
+ the enterprise of our fellow-citizens. We receive from the powers in
+ that region assurances of good will; and it is worthy of note that a
+ special envoy has brought us messages of condolence on the death of our
+ late Chief Magistrate from the Bey of Tunis, whose rule includes the old
+ dominions of Carthage, on the African coast.
+</p>
+<p>
+ Our domestic contest, now happily ended, has left some traces in our
+ relations with one at least of the great maritime powers. The formal
+ accordance of belligerent rights to the insurgent States was
+ unprecedented, and has not been justified by the issue. But in the
+ systems of neutrality pursued by the powers which made that concession
+ there was a marked difference. The materials of war for the insurgent
+ States were furnished, in a great measure, from the workshops of Great
+ Britain, and British ships, manned by British subjects and prepared for
+ receiving British armaments, sallied from the ports of Great Britain to
+ make war on American commerce under the shelter of a commission from the
+ insurgent States. These ships, having once escaped from British ports,
+ ever afterwards entered them in every part of the world to refit, and so
+ to renew their depredations. The consequences of this conduct were most
+ disastrous to the States then in rebellion, increasing their desolation
+ and misery by the prolongation of our civil contest. It had, moreover,
+ the effect, to a great extent, to drive the American flag from the sea,
+ and to transfer much of our shipping and our commerce to the very power
+ whose subjects had created the necessity for such a change. These events
+ took place before I was called to the administration of the Government.
+ The sincere desire for peace by which I am animated led me to approve
+ the proposal, already made, to submit the question which had thus arisen
+ between the countries to arbitration. These questions are of such moment
+ that they must have commanded the attention of the great powers, and are
+ so interwoven with the peace and interests of every one of them as to
+ have insured an impartial decision. I regret to inform you that Great
+ Britain declined the arbitrament, but, on the other hand, invited us to
+ the formation of a joint commission to settle mutual claims between the
+ two countries, from which those for the depredations before mentioned
+ should be excluded. The proposition, in that very unsatisfactory form,
+ has been declined.
+</p>
+<p>
+ The United States did not present the subject as an impeachment of the
+ good faith of a power which was professing the most friendly
+ dispositions, but as involving questions of public law of which the
+ settlement is essential to the peace of nations; and though pecuniary
+ reparation to their injured citizens would have followed incidentally
+ on a decision against Great Britain, such compensation was not their
+ primary object. They had a higher motive, and it was in the interests of
+ peace and justice to establish important principles of international
+ law. The correspondence will be placed before you. The ground on which
+ the British minister rests his justification is, substantially, that the
+ municipal law of a nation and the domestic interpretations of that law
+ are the measure of its duty as a neutral, and I feel bound to declare my
+ opinion before you and before the world that that justification can not
+ be sustained before the tribunal of nations. At the same time, I do not
+ advise to any present attempt at redress by acts of legislation. For the
+ future, friendship between the two countries must rest on the basis of
+ mutual justice.
+</p>
+<p>
+ From the moment of the establishment of our free Constitution the
+ civilized world has been convulsed by revolutions in the interests of
+ democracy or of monarchy, but through all those revolutions the United
+ States have wisely and firmly refused to become propagandists of
+ republicanism. It is the only government suited to our condition; but
+ we have never sought to impose it on others, and we have consistently
+ followed the advice of Washington to recommend it only by the careful
+ preservation and prudent use of the blessing. During all the intervening
+ period the policy of European powers and of the United States has, on
+ the whole, been harmonious. Twice, indeed, rumors of the invasion of
+ some parts of America in the interest of monarchy have prevailed; twice
+ my predecessors have had occasion to announce the views of this nation
+ in respect to such interference. On both occasions the remonstrance of
+ the United States was respected from a deep conviction on the part of
+ European Governments that the system of noninterference and mutual
+ abstinence from propagandism was the true rule for the two hemispheres.
+ Since those times we have advanced in wealth and power, but we retain
+ the same purpose to leave the nations of Europe to choose their own
+ dynasties and form their own systems of government. This consistent
+ moderation may justly demand a corresponding moderation. We should
+ regard it as a great calamity to ourselves, to the cause of good
+ government, and to the peace of the world should any European power
+ challenge the American people, as it were, to the defense of
+ republicanism against foreign interference. We can not foresee and are
+ unwilling to consider what opportunities might present themselves, what
+ combinations might offer to protect ourselves against designs inimical
+ to our form of government. The United States desire to act in the
+ future as they have ever acted heretofore; they never will be driven
+ from that course but by the aggression of European powers, and we
+ rely on the wisdom and justice of those powers to respect the system of
+ noninterference which has so long been sanctioned by time, and which by
+ its good results has approved itself to both continents.
+</p>
+<p>
+ The correspondence between the United States and France in reference to
+ questions which have become subjects of discussion between the two
+ Governments will at a proper time be laid before Congress.
+</p>
+<p>
+ When, on the organization of our Government under the Constitution, the
+ President of the United States delivered his inaugural address to the
+ two Houses of Congress, he said to them, and through them to the country
+ and to mankind, that&mdash;
+</p>
+<p class="q">
+ The preservation of the sacred fire of liberty and the destiny of the
+ republican model of government are justly considered, perhaps, as
+ <i>deeply</i>, as <i>finally</i>, staked on the experiment intrusted to the hands
+ of the American people.
+</p>
+<p>
+ And the House of Representatives answered Washington by the voice of
+ Madison:
+</p>
+<p class="q">
+ We adore the Invisible Hand which has led the American people, through
+ so many difficulties, to cherish a conscious responsibility for the
+ destiny of republican liberty.
+</p>
+<p>
+ More than seventy-six years have glided away since these words were
+ spoken; the United States have passed through severer trials than were
+ foreseen; and now, at this new epoch in our existence as one nation,
+ with our Union purified by sorrows and strengthened by conflict and
+ established by the virtue of the people, the greatness of the occasion
+ invites us once more to repeat with solemnity the pledges of our fathers
+ to hold ourselves answerable before our fellow-men for the success of
+ the republican form of government. Experience has proved its sufficiency
+ in peace and in war; it has vindicated its authority through dangers and
+ afflictions, and sudden and terrible emergencies, which would have
+ crushed any system that had been less firmly fixed in the hearts of the
+ people. At the inauguration of Washington the foreign relations of the
+ country were few and its trade was repressed by hostile regulations; now
+ all the civilized nations of the globe welcome our commerce, and their
+ governments profess toward us amity. Then our country felt its way
+ hesitatingly along an untried path, with States so little bound together
+ by rapid means of communication as to be hardly known to one another,
+ and with historic traditions extending over very few years; now
+ intercourse between the States is swift and intimate; the experience of
+ centuries has been crowded into a few generations, and has created an
+ intense, indestructible nationality. Then our jurisdiction did not reach
+ beyond the inconvenient boundaries of the territory which had achieved
+ independence; now, through cessions of lands, first colonized by Spain
+ and France, the country has acquired a more complex character, and has
+ for its natural limits the chain of lakes, the Gulf of Mexico, and on
+ the east and the west the two great oceans. Other nations were wasted by
+ civil wars for ages before they could establish for themselves the
+ necessary degree of unity; the latent conviction that our form of
+ government is the best ever known to the world has enabled us to emerge
+ from civil war within four years with a complete vindication of the
+ constitutional authority of the General Government and with our local
+ liberties and State institutions unimpaired.
+</p>
+<p>
+ The throngs of emigrants that crowd to our shores are witnesses of the
+ confidence of all peoples in our permanence. Here is the great land of
+ free labor, where industry is blessed with unexampled rewards and the
+ bread of the workingman is sweetened by the consciousness that the cause
+ of the country "is his own cause, his own safety, his own dignity." Here
+ everyone enjoys the free use of his faculties and the choice of activity
+ as a natural right. Here, under the combined influence of a fruitful
+ soil, genial climes, and happy institutions, population has increased
+ fifteen-fold within a century. Here, through the easy development of
+ boundless resources, wealth has increased with twofold greater rapidity
+ than numbers, so that we have become secure against the financial
+ vicissitudes of other countries and, alike in business and in opinion,
+ are self-centered and truly independent. Here more and more care is
+ given to provide education for everyone born on our soil. Here religion,
+ released from political connection with the civil government, refuses to
+ subserve the craft of statesmen, and becomes in its independence the
+ spiritual life of the people. Here toleration is extended to every
+ opinion, in the quiet certainty that truth needs only a fair field to
+ secure the victory. Here the human mind goes forth unshackled in the
+ pursuit of science, to collect stores of knowledge and acquire an
+ ever-increasing mastery over the forces of nature. Here the national
+ domain is offered and held in millions of separate freeholds, so that
+ our fellow-citizens, beyond the occupants of any other part of the
+ earth, constitute in reality a people. Here exists the democratic form
+ of government; and that form of government, by the confession of
+ European statesmen, "gives a power of which no other form is capable,
+ because it incorporates every man with the state and arouses everything
+ that belongs to the soul."
+</p>
+<p>
+ Where in past history does a parallel exist to the public happiness
+ which is within the reach of the people of the United States? Where in
+ any part of the globe can institutions be found so suited to their
+ habits or so entitled to their love as their own free Constitution?
+ Every one of them, then, in whatever part of the land he has his home,
+ must wish its perpetuity. Who of them will not now acknowledge, in the
+ words of Washington, that "every step by which the people of the United
+ States have advanced to the character of an independent nation seems to
+ have been distinguished by some token of providential agency"? Who will
+ not join with me in the prayer that the Invisible Hand which has led us
+ through the clouds that gloomed around our path will so guide us onward
+ to a perfect restoration of fraternal affection that we of this day may
+ be able to transmit our great inheritance of State governments in all
+ their rights, of the General Government in its whole constitutional
+ vigor, to our posterity, and they to theirs through countless
+ generations?
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 11, 1865</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives of the United States</i>:
+</p>
+<p>
+ I transmit a report of this date from the Secretary of State, and the
+ papers referred to therein, concerning the Universal Exposition to be
+ held at Paris in the year 1867, in which the United States have been
+ invited by the Government of France to take part. I commend the subject
+ to your early and favorable consideration.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 13, 1865</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 11th instant,
+ requesting information on the subject of a decree of the so-called
+ Emperor of Mexico of the 3d of October last, I transmit a report from
+ the Secretary of State and the documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 14, 1865</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 11th instant, requesting information relative to a so-called decree
+ concerning the reestablishment of slavery or peonage in the Republic
+ of Mexico, I transmit a report from the Secretary of State and the
+ documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>December 18, 1865</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives of the United States</i>:
+</p>
+<p>
+ In compliance with the requirements of the third section of the act
+ approved March 3, 1865, I transmit herewith a communication from the
+ Secretary of War, with the accompanying report and estimates of the
+ Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 18, 1865</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In reply to the resolution adopted by the Senate on the 12th instant,
+ I have the honor to state that the rebellion waged by a portion of the
+ people against the properly constituted authority of the Government of
+ the United States has been suppressed; that the United States are in
+ possession of every State in which the insurrection existed, and that,
+ as far as it could be done, the courts of the United States have been
+ restored, post-offices reestablished, and steps taken to put into
+ effective operation the revenue laws of the country.
+</p>
+<p>
+ As the result of the measures instituted by the Executive with the view
+ of inducing a resumption of the functions of the States comprehended in
+ the inquiry of the Senate, the people of North Carolina, South Carolina,
+ Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee have
+ reorganized their respective State governments, and "are yielding
+ obedience to the laws and Government of the United States" with more
+ willingness and greater promptitude than under the circumstances could
+ reasonably have been anticipated. The proposed amendment to the
+ Constitution, providing for the abolition of slavery forever within the
+ limits of the country, has been ratified by each one of those States,
+ with the exception of Mississippi, from which no official information
+ has been received, and in nearly all of them measures have been adopted
+ or are now pending to confer upon freedmen the privileges which are
+ essential to their comfort, protection, and security. In Florida and
+ Texas the people are making commendable progress in restoring their
+ State governments, and no doubt is entertained that they will at an
+ early period be in a condition to resume all of their practical
+ relations with the General Government.
+</p>
+<p>
+ In "that portion of the Union lately in rebellion" the aspect of affairs
+ is more promising than, in view of all the circumstances, could well
+ have been expected. The people throughout the entire South evince a
+ laudable desire to renew their allegiance to the Government and to
+ repair the devastations of war by a prompt and cheerful return to
+ peaceful pursuits, and abiding faith is entertained that their actions
+ will conform to their professions, and that in acknowledging the
+ supremacy of the Constitution and laws of the United States their
+ loyalty will be unreservedly given to the Government, whose leniency
+ they can not fail to appreciate and whose fostering care will soon
+ restore them to a condition of prosperity. It is true that in some of
+ the States the demoralizing effects of the war are to be seen in
+ occasional disorders; but these are local in character, not frequent in
+ occurrence, and are rapidly disappearing as the authority of civil law
+ is extended and sustained. Perplexing questions are naturally to be
+ expected from the great and sudden change in the relations between the
+ two races; but systems are gradually developing themselves under which
+ the freedman will receive the protection to which he is justly entitled,
+ and, by means of his labor, make himself a useful and independent member
+ in the community in which he has a home.
+</p>
+<p>
+ From all the information in my possession and from that which I have
+ recently derived from the most reliable authority I am induced to
+ cherish the belief that sectional animosity is surely and rapidly
+ merging itself into a spirit of nationality, and that representation,
+ connected with a properly adjusted system of taxation, will result in
+ a harmonious restoration of the relation of the States to the National
+ Union.
+</p>
+<p>
+ The report of Carl Schurz is herewith transmitted, as requested by the
+ Senate. No reports from the Hon. John Covode have been received by the
+ President. The attention of the Senate is invited to the accompanying
+ report from Lieutenant-General Grant, who recently made a tour of
+ inspection through several of the States whose inhabitants participated
+ in the rebellion.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 20, 1865</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In reply to the resolution of the Senate of the 19th instant, requesting
+ that the President, if not inconsistent with the public service,
+ communicate to the Senate the "report of General Howard of his
+ observations of the condition of the seceded States and the operation of
+ the Freedmen's Bureau therein," I have to state that the report of the
+ Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands
+ was yesterday transmitted to both Houses of Congress, as required by the
+ third section of the act approved March 3, 1865.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 21, 1865</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 11th instant,
+ respecting the occupation by the French troops of the Republic of Mexico
+ and the establishment of a monarchy there, I transmit a report from the
+ Secretary of State and the documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 5, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 19th ultimo,
+ requesting information in regard to any plans to induce the immigration
+ of dissatisfied citizens of the United States into Mexico, their
+ organization there with the view to create disturbances in the United
+ States, and especially in regard to the plans of Dr. William M. Gwin and
+ M.F. Maury, and to the action taken by the Government of the United
+ States to prevent the success of such schemes, I transmit a report from
+ the Acting Secretary of State and the papers by which it was
+ accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 5, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received the following preamble and resolution, adopted by the
+ Senate on the 21st ultimo:
+</p>
+<p class="q">
+ Whereas the Constitution declares that "in all criminal prosecutions
+ the accused shall enjoy the right of a speedy and public trial by an
+ impartial jury of the State or district wherein the crime shall have
+ been committed;" and
+</p><p class="q">
+ Whereas several months have elapsed since Jefferson Davis, late
+ president of the so-called Confederate States, was captured and confined
+ for acts notoriously done by him as such, which acts, if duly proved,
+ render him guilty of treason against the United States and liable to the
+ penalties thereof; and
+</p><p class="q">
+ Whereas hostilities between the Government of the United States and the
+ insurgents have ceased, and not one of the latter, so far as is known to
+ the Senate, is now held in confinement for the part he may have acted in
+ the rebellion except said Jefferson Davis: Therefore,
+</p><p class="q">
+ <i>Resolved</i>, That the President be respectfully requested, if compatible
+ with the public safety, to inform the Senate upon what charges or for
+ what reasons said Jefferson Davis is still held in confinement, and why
+ he has not been put upon his trial.
+</p>
+<p>
+ In reply to the resolution I transmit the accompanying reports from the
+ Secretary of War and the Attorney-General, and at the same time invite
+ the attention of the Senate to that portion of my message dated the 4th
+ day of December last which refers to Congress the questions connected
+ with the holding of circuit courts of the United States within the
+ districts where their authority has been interrupted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 5, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ the 18th ultimo, requesting information in regard to steps taken by the
+ so-called Emperor of Mexico or by any European power to obtain from the
+ United States a recognition of the so-called Empire of Mexico, and what
+ action has been taken in the premises by the Government of the United
+ States, I transmit a report from the Acting Secretary of State and the
+ papers by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 10, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 8th
+ instant, asking for information in regard to the alleged kidnaping in
+ Mexico of the child of an American lady, I transmit a report from the
+ Acting Secretary of State, to whom the resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 12, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a communication addressed to me by Messrs. John
+ Evans and J.B. Chaífee as "United States Senators elect from the State
+ of Colorado," together with the accompanying documents.
+</p>
+<p>
+ Under authority of the act of Congress approved the 21st day of
+ March, 1864, the people of Colorado, through a convention, formed a
+ constitution making provision for a State government, which, when
+ submitted to the qualified voters of the Territory, was rejected.
+</p>
+<p>
+ In the summer of 1865 a second convention was called by the executive
+ committees of the several political parties in the Territory, which
+ assembled at Denver on the 8th of August, 1865. On the 12th of that
+ month this convention adopted a State constitution, which was submitted
+ to the people on the 5th of September, 1865, and ratified by a majority
+ of 155 of the qualified voters. The proceedings in the second instance
+ for the formation of a State government having differed in time and mode
+ from those specified in the act of March 21, 1864, I have declined to
+ issue the proclamation for which provision is made in the fifth section
+ of the law, and therefore submit the question for the consideration and
+ further action of Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE, <i>January 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate to the Senate herewith, for its constitutional action
+ thereon, the several treaties<a href="#note-5"><small>5</small></a> with the Indians of the Southwest
+ referred to in the accompanying communication from the Secretary of
+ the Interior.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE OFFICE, <i>January 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate to the Senate herewith, for its constitutional action
+ thereon, the several treaties with bands of the Sioux Nation of Indians
+ which are referred to in the accompanying communication from the
+ Secretary of the Interior.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>January 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate to the Senate herewith, for its constitutional action
+ thereon, the treaties with the Omaha and Winnebago Indians referred to
+ in the accompanying communication from the Secretary of the Interior.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 11th instant,
+ requesting information in regard to a negotiation for the transit of
+ United States troops in 1861 through Mexican territory, I transmit a
+ report from the Acting Secretary of State and the papers by which it
+ was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States and the Empire of
+ Japan for the reduction of import duties, which was signed at Yedo the
+ 28th of January, 1864.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the Empire of Japan and the
+ Governments of the United States, Great Britain, France, and Holland,
+ providing for the payment to said Governments of the sum of $3,000,000
+ for indemnities and expenses, which was signed by the respective parties
+ at Yokohama on the 22d of October, 1864.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 17th instant,
+ requesting the President "to communicate to the Senate, if in his
+ opinion not inconsistent with the public interest, any letters from
+ Major-General Sheridan, commanding the Military Division of the Gulf,
+ or from any other officer of the Department of Texas, in regard to the
+ present condition of affairs on the southeastern frontier of the United
+ States, and especially in regard to any violation of neutrality on the
+ part of the army now occupying the right bank of the Rio Grande,"
+ I transmit herewith a report from the Secretary of War, bearing date
+ the 24th instant.
+</p>
+<p>
+ Concurring in his opinion that the publication of the correspondence
+ at this time is not consistent with the public interest, the papers
+ referred to in the accompanying report are for the present withheld.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 22d instant, requesting the communication of any correspondence or other
+ information in regard to a demonstration by the Congress of the United
+ States of Colombia, or any other country, in honor of President Juarez,
+ of the Republic of Mexico, I transmit herewith a report from the Acting
+ Secretary of State, with the papers by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 8th
+ instant, asking for information in regard to the reported surrender of
+ the rebel pirate vessel called the <i>Shenandoah</i>, I transmit a report
+ from the Acting Secretary of State, to whom the resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 30, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Believing that the commercial interests of our country would be promoted
+ by a formal recognition of the independence of the Dominican Republic,
+ while such a recognition would be in entire conformity with the settled
+ policy of the United States, I have with that view nominated to the
+ Senate an officer of the same grade with the one now accredited to the
+ Republic of Hayti; and I recommend that an appropriation be made by
+ Congress toward providing for his compensation.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 1, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 10th ultimo, requesting information in regard to the organization in the
+ city of New York of the "Imperial Mexican Express Company" under a grant
+ from the so-called Emperor of Mexico, I transmit a report from the
+ Secretary of State and the papers by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 2, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The accompanying correspondence is transmitted to the Senate in
+ compliance with its resolution of the 16th ultimo, requesting the
+ President, "if not inconsistent with the public interest, to communicate
+ to the Senate any correspondence which may have taken place between
+ himself and any of the judges of the Supreme Court touching the holding
+ of the civil courts of the United States in the insurrectionary States
+ for the trial of crimes against the United States."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 2, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 30th ultimo, requesting
+ the President, "if not incompatible with the public interests, to
+ communicate to the Senate a copy of the late report of Major-General
+ Sherman upon the condition of the States in his department, in which he
+ has lately made a tour of inspection," I transmit herewith a copy of a
+ communication, dated December 22, 1865, addressed to the Headquarters of
+ the Army by Major-General Sherman, commanding the Military Division of
+ the Mississippi.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 9, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the
+ 10th ultimo, requesting the President of the United States, "if not
+ incompatible with the public interest, to communicate to the House
+ any report or reports made by the Judge-Advocate-General or any other
+ officer of the Government as to the grounds, facts, or accusations upon
+ which Jefferson Davis, Clement C. Clay, jr., Stephen R. Mallory, and
+ David L. Yulee, or either of them, are held in confinement," I transmit
+ herewith reports from the Secretary of War and the Attorney-General,
+ and concur in the opinion therein expressed that the publication of
+ the papers called for by the resolution is not at the present time
+ compatible with the public interest.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 10, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit, for the consideration of Congress, a correspondence between
+ the Secretary of State and the minister of France accredited to this
+ Government, and also other papers, relative to a proposed international
+ conference at Constantinople upon the subject of cholera.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 5, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit the accompanying report from the Secretary of War, in answer
+ to the resolution of the House of Representatives of the 27th ultimo,
+ requesting information in regard to the distribution of the rewards
+ offered by the Government for the arrest of the assassins of the late
+ President Lincoln.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 5, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 27th ultimo, I
+ transmit, herewith a communication from the Secretary of War, together
+ with the reports of the assistant commissioners of the Freedmen's Bureau
+ made since December 1, 1865.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 6, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolutions of the Senate of the 5th of January and
+ 27th of February last, requesting information in regard to provisional
+ governors of States, I transmit reports from the Secretary of State and
+ the Secretary of War, to whom the resolutions were referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 6, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its constitutional action thereon, a
+ treaty with the Utah, Yampah-Ute, Pah-Vant, San-Pete-Ute, Tim-p-nogs,
+ and Cum-um-bah bands of the Utah Indians, referred to in the
+ accompanying papers from the Secretary of the Interior.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 6, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 12th of January last, requesting information in regard to provisional
+ governments of certain States, I transmit a report from the Secretary
+ of State, to whom the resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 6, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 27th
+ ultimo, requesting certain information in relation to President Benito
+ Juarez, of Mexico, I transmit a report from the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 8, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate, a copy of a letter of
+ the 21st ultimo from the governor of the Territory of Colorado to the
+ Secretary of State, with the memorial to which it refers, relative to
+ the location of the Pacific Railroad.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 12, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit, for your consideration, a copy of two communications from
+ the minister of the United States at Paris, in regard to a proposed
+ exhibition of fishery and water culture, to be held at Arcachon, near
+ Bordeaux, in France, in July next.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 15, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 5th instant, upon the
+ subject of the supposed kidnaping of colored persons in the Southern
+ States for the purpose of selling them as slaves in Cuba, I transmit a
+ report from the Secretary of State, to whom the resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 19, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives dated
+ January 5, 1866, requesting information as to the number of men and
+ officers in the regular and volunteer service of the United States,
+ I transmit a report from the Secretary of War, with the papers by which
+ it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 20, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 11th of December last, requesting information upon the present condition
+ of affairs in the Republic of Mexico, I transmit a report from the
+ Secretary of State and the papers by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 21, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its constitutional action thereon,
+ a treaty made with the Great and Little Osage Indians on the 29th
+ September, 1865, together with the accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 21, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its constitutional action thereon, a
+ treaty made with the Woll-pah-pe tribe of Snake Indians on the 12th of
+ August, 1865, together with the accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 26, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate a memorial of the legislature of Alabama,
+ asking an extension of time for the completion of certain railroads in
+ said State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 30, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the constitutional action of the Senate,
+ a treaty negotiated with the Shawnee Indians, dated March 1, 1866,
+ with supplemental article, dated March 14, 1866, with accompanying
+ communications from the honorable Secretary of the Interior and
+ Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 3, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report by the Secretary of War, in compliance with
+ the Senate resolution of the 7th March, 1866, respecting the improvement
+ of the Washington City Canal, to promote the health of the metropolis.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 3, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a communication from the Secretary of the Treasury, dated the
+ 22d ultimo, together with a letter addressed to him by the governor of
+ Alabama, asking that the State of Alabama may be allowed to assume and
+ pay in State bonds the direct tax now due from that State to the United
+ States, or that delay of payment may be authorized until the State can
+ by the sale of its bonds or by taxation make provision for the
+ liquidation of the indebtedness.
+</p>
+<p>
+ I concur in the opinion of the Secretary of the Treasury "that it is
+ desirable that the State of Alabama and the other Southern States should
+ be allowed to assume and pay their proportion of the direct taxes now
+ due," and therefore recommend the necessary legislation by Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 4, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a report from the Secretary of State, with the
+ accompanying papers, relative to the claim on this Government of the
+ owners of the British vessel <i>Magicienne</i>, and recommend an
+ appropriation for the satisfaction of the claim, pursuant to the award
+ of the arbitrators.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 5, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit communications from the Secretary of the Treasury
+ and the Postmaster-General, suggesting a modification of the oath of
+ office prescribed by the act of Congress approved July 2, 1862. I fully
+ concur in their recommendation, and as the subject pertains to the
+ efficient administration of the revenue and postal laws in the Southern
+ States I earnestly commend it to the early consideration of Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 6, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the constitutional action of the Senate, a supplemental
+ article to the Pottawatomie treaty of November 15, 1861, concluded on
+ the 29th ultimo, together with the accompanying communications from the
+ Secretary of the Interior and Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 7, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ I transmit a communication from the Secretary of the Interior, with the
+ accompanying papers, in reference to grants of land made by acts of
+ Congress passed in the years 1850, 1853, and 1856 to the States of
+ Mississippi, Alabama, Arkansas, Florida, and Louisiana, to aid in
+ the construction of certain railroads. As these acts will expire by
+ limitation on the 11th day of August, 1866, leaving the roads for
+ whose benefit they were conferred in an unfinished condition, it is
+ recommended that the time within which they may be completed be extended
+ for a period of five years.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 11, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 27th ultimo,
+ in relation to the seizure and detention at New York of the steamship
+ <i>Meteor</i>, I transmit herewith a report from the Secretary of State and
+ the papers by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 13, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the constitutional action of the Senate, a
+ treaty concluded with the Bois Forte band of Chippewa Indians on the
+ 7th instant, together with the accompanying communications from the
+ Secretary of the Interior and Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 13, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 10th
+ instant, requesting information in regard to the rights and interests
+ of American citizens in the fishing grounds adjacent to the British
+ Provinces, I transmit a report from the Secretary of State, to whom the
+ resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the Senate's resolution of the 8th January, 1866, I
+ transmit herewith a communication from the Secretary of War of the 19th
+ instant, covering copies of the correspondence respecting General
+ Orders, No. 17,<a href="#note-6"><small>6</small></a> issued by the commander of the Department of
+ California, and also the Attorney-General's opinion as to the question
+ whether the order involves a breach of neutrality toward Mexico.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 20, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the 2d
+ instant, requesting information respecting the collection of the remains
+ of officers and soldiers killed and buried on the various battlefields
+ about Atlanta, I transmit herewith a report on the subject from the
+ Secretary of War.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 21, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a communication of this date from the Secretary
+ of War, covering a copy of the proceedings of a board of officers in
+ relation to brevet appointments in the Regular Army, requested in the
+ Senate's resolution of the 18th April, 1866.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 23, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention which was signed at Tangier on the 31st of
+ May last between the United States and other powers on the one part and
+ the Sultan of Morocco on the other part, concerning the administration
+ and maintenance of a light-house on Cape Spartel.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 23, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 16th
+ instant, requesting information relative to the proposed evacuation of
+ Mexico by French military forces, I transmit a report from the Secretary
+ of State and the documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., April 24, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I submit herewith, for the consideration of Congress, the accompanying
+ communication from the Secretary of the Interior, in relation to the
+ Union Pacific Railroad Company, eastern division.
+</p>
+<p>
+ It appears that the company were required to complete 100 miles of
+ their road within three years after their acceptance of the conditions
+ of the original act of Congress. This period expired December 22, 1865.
+ Sixty-two miles had been previously accepted by the Government. Since
+ that date an additional section of 23 miles has been completed.
+ Commissioners appointed for that purpose have examined and reported
+ upon it, and an application has been made for its acceptance.
+</p>
+<p>
+ The failure to complete 100 miles of road within the period prescribed
+ renders it questionable whether the executive officers of the Government
+ are authorized to issue the bonds and patents to which the company would
+ be entitled if this as well as the other requirements of the act had
+ been faithfully observed.
+</p>
+<p>
+ This failure may to some extent be ascribed to the financial condition
+ of the country incident to the recent civil war. As the company appear
+ to be engaged in the energetic prosecution of their work and manifest a
+ disposition to comply with the conditions of the grant, I recommend that
+ the time for the completion of this part of the road be extended and
+ that authority be given for the issue of bonds and patents on account of
+ the section now offered for acceptance notwithstanding such failure,
+ should the company in other respects be thereunto entitled.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 28, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the constitutional action of the Senate, a
+ treaty this day concluded with the Choctaw and Chickasaw nations of
+ Indians.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 30, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 25th
+ instant, requesting information in regard to the rebel debt known as the
+ cotton loan, I transmit a report from the Secretary of State, to whom
+ the resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 2, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the 23d
+ ultimo, I transmit a report from the Secretary of War, from which it
+ will be perceived that it is not deemed compatible with the public
+ interests to communicate to the House the report made by General Smith
+ and the Hon. James T. Brady of their investigations at New Orleans, La.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 4, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 5th
+ of March, 1866, requesting the names of persons worth more than $20,000
+ to whom special pardons have been issued, and a statement of the amount
+ of property which has been seized as belonging to the enemies of the
+ Government, or as abandoned property, and returned to those who claimed
+ to be the original owners, I transmit herewith reports from the
+ Secretary of State, the Secretary of the Treasury, the Secretary of
+ War, and the Attorney-General, together with a copy of the amnesty
+ proclamation of the 29th of May, 1865, and a copy of the warrants issued
+ in cases in which special pardons are granted. The second, third, and
+ fourth conditions of the warrant prescribe the terms, so far as property
+ is concerned, upon which all such pardons are granted and accepted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 4, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Referring to my message of the 12th of March last, communicating
+ information in regard to a proposed exposition of fishery and water
+ culture at Arcachon, in France, I communicate a copy of another dispatch
+ from the minister of the United States in Paris to the Secretary of
+ State, and again invite the attention of Congress to the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 7, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 19th ultimo,
+ I transmit herewith a report from Benjamin C. Truman, relative to the
+ condition of the Southern people and the States in which the rebellion
+ existed.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 9, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a correspondence between the Secretary
+ of State and the acting chargé d'affaires of the United States at
+ Guayaquil, in the Republic of Ecuador, from which it appears that the
+ Government of that Republic has failed to pay the first installment of
+ the award of the commissioners under the convention between the United
+ States and Ecuador of the 25th November, 1862, which installment was due
+ on the 17th of February last.
+</p>
+<p>
+ As debts of this character from one government to another are justly
+ regarded as of a peculiarly sacred character, and as further diplomatic
+ measures are not in this instance likely to be successful, the
+ expediency of authorizing other proceedings in case they should
+ ultimately prove to be indispensable is submitted to your consideration.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 10, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Treasury, in
+ answer to the resolution of the House of Representatives of the 3d
+ instant, requesting information concerning discriminations made by the
+ so-called Maximilian Government of Mexico against American commerce,
+ or against commerce from particular American ports.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 11, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, in answer to that part
+ of the resolution of the House of Representatives of the 7th instant
+ which calls for information in regard to the clerks employed in the
+ Department of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 16, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of the correspondence between the
+ Secretary of State and Cornelius Vanderbilt, of New York, relative to
+ the joint resolution of the 28th of January, 1864, upon the subject of
+ the gift of the steamer <i>Vanderbilt</i> to the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, May 7, 1866</i>.
+</p>
+<p>
+ Hon. SCHUYLER COLFAX,
+<br>
+ <i>Speaker of the House of Representatives</i>.
+</p>
+<p>
+ SIR: I have the honor to submit herewith a communication of the
+ Secretary of War, inclosing one from the Lieutenant-General, relative
+ to the necessity for legislation upon the subject of the Army.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 17, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In further response to the resolution of the House of Representatives of
+ the 7th instant, calling for information in regard to clerks employed in
+ the several Executive Departments, I transmit herewith reports from the
+ Secretary of the Navy and the Secretary of the Interior and the
+ Postmaster-General.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 22, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Treasury, made in
+ compliance with the resolution of the House of Representatives of the
+ 7th instant, calling for information in respect to clerks employed in
+ the several Executive Departments of the Government.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 22, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 27th
+ ultimo, requesting a collation of the provisions in reference to
+ freedmen contained in the amended constitutions of the Southern States
+ and in the laws of those States passed since the suppression of the
+ rebellion, I transmit a report from the Secretary of State, to whom the
+ resolution was referred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 24, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Postmaster-General, made in answer
+ to the resolution of the House of Representatives of the 14th instant,
+ calling for information relative to the proposed mail steamship service
+ between the United States and Brazil.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 25, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 21st instant, I transmit herewith a report from the Secretary of War,
+ with the accompanying papers, in reference to the operations of the
+ Bureau of Refugees, Freedmen, and Abandoned Lands.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 30, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ With sincere regret I announce to Congress that Winfield Scott, late
+ Lieutenant-General in the Army of the United States, departed this life
+ at West Point, in the State of New York, on the 29th day of May instant,
+ at 11 o'clock in the forenoon. I feel well assured that Congress will
+ share in the grief of the nation which must result from its bereavement
+ of a citizen whose high fame is identified with the military history of
+ the Republic.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 30, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a communication from the Secretary of War, covering a
+ supplemental report to that already made to the House of
+ Representatives, in answer to its resolution of the 21st instant,
+ requesting the reports of General Steedman and others in reference to
+ the operations of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 5, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States and the Republic of
+ Venezuela on the subject of the claims of citizens of the United States
+ upon the Government of that Republic, which convention was signed by the
+ plenipotentiaries of the parties at the city of Caracas on the 25th of
+ April last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 9, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Acting Secretary of the Interior,
+ communicating the information requested by a resolution of the House of
+ Representatives of the 21st ultimo, in relation to the removal of the
+ Sioux Indians of Minnesota and the provisions made for their
+ accommodation in the Territory of Nebraska.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 9, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a call of the Senate, as expressed in a resolution
+ adopted on the 6th instant, I transmit a copy of the report of the Board
+ of Visitors to the United States Naval Academy for the year 1866.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 11, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 10th
+ ultimo, calling for information relative to the claims of citizens of
+ the United States against the Republic of Venezuela, I transmit a report
+ from the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 11, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ It is proper that I should inform Congress that a copy of an act of the
+ legislature of Georgia of the 10th of March last has been officially
+ communicated to me, by which that State accepts the donation of lands
+ for the benefit of colleges for agriculture and the mechanic arts, which
+ donation was provided for by the acts of Congress of the 2d of July,
+ 1862, and 14th of April, 1864.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 11, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I communicate and invite the attention of Congress to a copy of joint
+ resolutions of the senate and house of representatives of the State
+ of Georgia, requesting a suspension of the collection of the
+ internal-revenue tax due from that State pursuant to the act of Congress
+ of the 5th of August, 1861.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 13, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 11th
+ instant, requesting information concerning the provisions of the laws
+ and ordinances of the late insurgent States on the subject of the rebel
+ debt, so called, I transmit a report from the Secretary of State and the
+ document by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 14, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 28th
+ of May, requesting information as to what progress has been made in
+ completing the maps connected with the boundary survey under the treaty
+ of Washington, with copies of any correspondence on this subject not
+ heretofore printed, I transmit a report from the Secretary of State
+ and the documents which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 15, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the Senate of the 13th instant,
+ calling for information in regard to the departure of troops from
+ Austria to Mexico, I transmit a report from the Secretary of State and
+ the documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 16, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate herewith a report from the Acting Secretary of the
+ Interior, furnishing, as requested by a resolution of the Senate of the
+ 25th ultimo, information touching the transactions of the executive
+ branch of the Government respecting the transportation, settlement,
+ and colonization of persons of the African race.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 18, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to a resolution of the House of Representatives of the 11th
+ instant, requesting information in regard to the dispatch of military
+ forces from Austria for service in Mexico, I transmit a report from the
+ Secretary of State on the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 20, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 21st ultimo, requesting information as to the collection of the direct
+ tax in the States whose inhabitants participated in the rebellion, I
+ transmit a communication from the Secretary of the Treasury, accompanied
+ by a report from the Deputy Commissioner of Internal Revenue.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 22, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I submit to Congress a report of the Secretary of State, to whom was
+ referred the concurrent resolution of the 18th instant, respecting a
+ submission to the legislatures of the States of an additional article to
+ the Constitution of the United States. It will be seen from this report
+ that the Secretary of State had, on the 16th instant, transmitted to the
+ governors of the several States certified copies of the joint resolution
+ passed on the 13th instant, proposing an amendment to the Constitution.
+</p>
+<p>
+ Even in ordinary times any question of amending the Constitution must be
+ justly regarded as of paramount importance. This importance is at the
+ present time enhanced by the fact that the joint resolution was not
+ submitted by the two Houses for the approval of the President and that
+ of the thirty-six States which constitute the Union eleven are excluded
+ from representation in either House of Congress, although, with the
+ single exception of Texas, they have been entirely restored to all their
+ functions as States in conformity with the organic law of the land, and
+ have appeared at the national capital by Senators and Representatives,
+ who have applied for and have been refused admission to the vacant
+ seats. Nor have the sovereign people of the nation been afforded an
+ opportunity of expressing their views upon the important questions which
+ the amendment involves. Grave doubts, therefore, may naturally and
+ justly arise as to whether the action of Congress is in harmony with
+ the sentiments of the people, and whether State legislatures, elected
+ without reference to such an issue, should be called upon by Congress
+ to decide respecting the ratification of the proposed amendment.
+</p>
+<p>
+ Waiving the question as to the constitutional validity of the
+ proceedings of Congress upon the joint resolution proposing the
+ amendment or as to the merits of the article which it submits through
+ the executive department to the legislatures of the States, I deem it
+ proper to observe that the steps taken by the Secretary of State, as
+ detailed in the accompanying report, are to be considered as purely
+ ministerial, and in no sense whatever committing the Executive to an
+ approval or a recommendation of the amendment to the State legislatures
+ or to the people. On the contrary, a proper appreciation of the letter
+ and spirit of the Constitution, as well as of the interests of national
+ order, harmony, and union, and a due deference for an enlightened public
+ judgment may at this time well suggest a doubt whether any amendment to
+ the Constitution ought to be proposed by Congress and pressed upon the
+ legislatures of the several States for final decision until after the
+ admission of such loyal Senators and Representatives of the now
+ unrepresented States as have been or as may hereafter be chosen in
+ conformity with the Constitution and laws of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 22, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In further answer to recent resolutions of the Senate and House of
+ Representatives, requesting information in regard to the employment of
+ European troops in Mexico, I transmit to Congress a copy of a dispatch
+ of the 4th of this month addressed to the Secretary of State by the
+ minister of the United States at Paris.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 22, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the
+ 18th instant, calling for information in regard to the arrest and
+ imprisonment in Ireland of American citizens, I transmit herewith
+ a report from the Secretary of State on the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ WASHINGTON CITY, <i>June 23, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Interior,
+ communicating in part the information requested by a resolution of the
+ House of Representatives of the 23d of April last, in relation to
+ appropriations and expenditures connected with the Indian service.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 28, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit a communication from the Secretary of the Navy and the
+ accompanying copy of a report and maps prepared by a board of examiners
+ appointed under authority of the joint resolution approved June 1, 1866,
+ "to examine a site for a fresh-water basin for ironclad vessels of the
+ United States Navy."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 28, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith reports from the heads of the several Executive
+ Departments, made in answer to the resolution of the House of
+ Representatives of the 4th instant, requesting information as to whether
+ any of the civil or military employees of the Government have assisted
+ in the rendition of public honors to the rebel living or dead.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 7, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The accompanying report of the Secretary of the Treasury is transmitted
+ to the Senate in compliance with its resolution of the 20th ultimo,
+ calling for a statement of the expenditures of the United States for the
+ various public works of the Government in each State and Territory of
+ the Union and in the District of Columbia from the year 1860 to the
+ close of the year 1865.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 7, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the constitutional action of the Senate, a
+ treaty concluded with the Seminole Nation of Indians on the 21st day of
+ March, 1866, together with the accompanying communications from the
+ Secretary of the Interior and the Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 7, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, for the constitutional action of the Senate, a
+ treaty concluded with the Creek Nation of Indians on the 14th day of
+ June, 1866, together with the accompanying communications from the
+ Secretary of the Interior and the Commissioner of Indian Affairs.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 17, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of yesterday,
+ requesting information relative to proposed international movements in
+ connection with the Paris Universal Exposition for the reform of systems
+ of coinage, weights, and measures, I transmit a report from the
+ Secretary of State and the documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 17, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit to Congress a report, dated 12th instant, with the
+ accompanying papers, received from the Secretary of State, in compliance
+ with the requirements of the eighteenth section of the act entitled "An
+ act to regulate the diplomatic and consular systems of the United
+ States," approved August 18, 1856.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the constitutional action of the Senate, certain
+ articles of agreement made at the Delaware Agency, Kans., on the 4th
+ instant between the United States and the Delaware Indians.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 20, 1866</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ I herewith submit, for the constitutional action of the Senate, a treaty
+ negotiated at the city of Washington, D.C., on the 19th instant, between
+ the United States, represented by Dennis N. Cooley, Commissioner of
+ Indian Affairs, and Elijah Sells, superintendent of Indian affairs for
+ the southern superintendency, and the Cherokee Nation of Indians;
+ represented by its delegates, James McDaniel, Smith Christie, White
+ Catcher, L.H. Benge, J.B. Jones, and Daniel H. Ross.
+</p>
+<p>
+ The distracted condition of the Cherokee Nation and the peculiar
+ relation of many of its members to this Government during the rebellion
+ presented almost insuperable difficulties to treating with them. The
+ treaty now submitted is a result of protracted negotiations. Its
+ stipulations are, it is believed, as satisfactory to the contracting
+ parties and furnish as just provisions for the welfare of the Indians
+ and as strong guaranties for the maintenance of peaceful relations with
+ them as under the circumstances could be expected.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 24, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I hereby transmit, for the constitutional action of the Senate, a treaty
+ concluded on the 15th of November, 1865, between the United States and
+ the confederate tribes and bands of Indians of middle Oregon, the same
+ being amendatory and supplemental to the treaty with said Indians of the
+ 25th of June, 1855.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 24, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The following "Joint resolution, restoring Tennessee to her relations in
+ the Union," was last evening presented for my approval:
+</p>
+<p>
+ Whereas in the year 1861 the government of the State of Tennessee was
+ seized upon and taken possession of by persons in hostility to the
+ United States, and the inhabitants of said State, in pursuance of an act
+ of Congress, were declared to be in a state of insurrection against the
+ United States; and
+</p>
+<p>
+ Whereas said State government can only be restored to its former
+ political relations in the Union by the consent of the lawmaking power
+ of the United States; and
+</p>
+<p>
+ Whereas the people of said State did, on the 22d day of February, 1865,
+ by a large popular vote, adopt and ratify a constitution of government
+ whereby slavery was abolished and all ordinances and laws of secession
+ and debts contracted under the same were declared void; and
+</p>
+<p>
+ Whereas a State government has been organized under said constitution
+ which has ratified the amendment to the Constitution of the United
+ States abolishing slavery, also the amendment proposed by the
+ Thirty-ninth Congress, and has done other acts proclaiming and denoting
+ loyalty: Therefore,
+</p>
+<p>
+ <i>Be it resolved by the Senate and House of Representatives of the United
+ States in Congress assembled</i>, That the State of Tennessee is hereby
+ restored to her former proper practical relations to the Union, and is
+ again entitled to be represented by Senators and Representatives in
+ Congress.
+</p>
+<p>
+ The preamble simply consists of statements, some of which are assumed,
+ while the resolution is merely a declaration of opinion. It comprises no
+ legislation, nor does it confer any power which is binding upon the
+ respective Houses, the Executive, or the States. It does not admit to
+ their seats in Congress the Senators and Representatives from the State
+ of Tennessee, for, notwithstanding the passage of the resolution, each
+ House, in the exercise of the constitutional right to judge for itself
+ of the elections, returns, and qualifications of its members, may, at
+ its discretion, admit them or continue to exclude them. If a joint
+ resolution of this kind were necessary and binding as a condition
+ precedent to the admission of members of Congress, it would happen, in
+ the event of a veto by the Executive, that Senators and Representatives
+ could only be admitted to the halls of legislation by a two-thirds vote
+ of each of the Houses.
+</p>
+<p>
+ Among other reasons recited in the preamble for the declaration
+ contained in the resolution is the ratification by the State government
+ of Tennessee of "the amendment to the Constitution of the United States
+ abolishing slavery, also the amendment proposed by the Thirty-ninth
+ Congress." If, as is also declared in the preamble, "said State
+ government can only be restored to its former political relations in the
+ Union by the consent of the lawmaking power of the United States," it
+ would really seem to follow that the joint resolution which at this late
+ day has received the sanction of Congress should have been passed,
+ approved, and placed on the statute books before any amendment to the
+ Constitution was submitted to the legislature of Tennessee for
+ ratification. Otherwise the inference is plainly deducible that while,
+ in the opinion of Congress, the people of a State may be too strongly
+ disloyal to be entitled to representation, they may nevertheless, during
+ the suspension of their "former proper practical relations to the
+ Union," have an equally potent voice with other and loyal States in
+ propositions to amend the Constitution, upon which so essentially depend
+ the stability, prosperity, and very existence of the nation.
+</p>
+<p>
+ A brief reference to my annual message of the 4th of December last will
+ show the steps taken by the Executive for the restoration to their
+ constitutional relations to the Union of the States that had been
+ affected by the rebellion. Upon the cessation of active hostilities
+ provisional governors were appointed, conventions called, governors
+ elected by the people, legislatures assembled, and Senators and
+ Representatives chosen to the Congress of the United States. At the same
+ time the courts of the United States were reopened, the blockade
+ removed, the custom-houses reestablished, and postal operations resumed.
+ The amendment to the Constitution abolishing slavery forever within the
+ limits of the country was also submitted to the States, and they were
+ thus invited to and did participate in its ratification, thus exercising
+ the highest functions pertaining to a State. In addition nearly all of
+ these States, through their conventions and legislatures, had adopted
+ and ratified constitutions "of government whereby slavery was abolished
+ and all ordinances and laws of secession and debts contracted under the
+ same were declared void." So far, then, the political existence of the
+ States and their relations to the Federal Government had been fully and
+ completely recognized and acknowledged by the executive department of
+ the Government; and the completion of the work of restoration, which had
+ progressed so favorably, was submitted to Congress, upon which devolved
+ all questions pertaining to the admission to their seats of the Senators
+ and Representatives chosen from the States whose people had engaged in
+ the rebellion.
+</p>
+<p>
+ All these steps had been taken when, on the 4th day of December, 1865,
+ the Thirty-ninth Congress assembled. Nearly eight months have elapsed
+ since that time; and no other plan of restoration having been proposed
+ by Congress for the measures instituted by the Executive, it is now
+ declared, in the joint resolution submitted for my approval, "that the
+ State of Tennessee is hereby restored to her former proper practical
+ relations to the Union, and is again entitled to be represented by
+ Senators and Representatives in Congress." Thus, after the lapse of
+ nearly eight months, Congress proposes to pave the way to the admission
+ to representation of one of the eleven States whose people arrayed
+ themselves in rebellion against the constitutional authority of the
+ Federal Government.
+</p>
+<p>
+ Earnestly desiring to remove every cause of further delay, whether real
+ or imaginary, on the part of Congress to the admission to seats of loyal
+ Senators and Representatives from the State of Tennessee, I have,
+ notwithstanding the anomalous character of this proceeding, affixed
+ my signature to the resolution. My approval, however, is not to be
+ construed as an acknowledgment of the right of Congress to pass laws
+ preliminary to the admission of duly qualified Representatives from any
+ of the States. Neither is it to be considered as committing me to all
+ the statements made in the preamble, some of which are, in my opinion,
+ without foundation in fact, especially the assertion that the State of
+ Tennessee has ratified the amendment to the Constitution of the United
+ States proposed by the Thirty-ninth Congress. No official notice of such
+ ratification has been received by the Executive or filed in the
+ Department of State; on the contrary, unofficial information from the
+ most reliable sources induces the belief that the amendment has not yet
+ been constitutionally sanctioned by the legislature of Tennessee. The
+ right of each House under the Constitution to judge of the elections,
+ returns, and qualifications of its own members is undoubted, and my
+ approval or disapproval of the resolution could not in the slightest
+ degree increase or diminish the authority in this respect conferred
+ upon the two branches of Congress.
+</p>
+<p>
+ In conclusion I can not too earnestly repeat my recommendation for the
+ admission of Tennessee, and all other States, to a fair and equal
+ participation in national legislation when they present themselves in
+ the persons of loyal Senators and Representatives who can comply with
+ all the requirements of the Constitution and the laws. By this means
+ harmony and reconciliation will be effected, the practical relations of
+ all the States to the Federal Government reestablished, and the work of
+ restoration, inaugurated upon the termination of the war, successfully
+ completed.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 25, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I nominate Lieutenant-General Ulysses S. Grant to be General of the Army
+ of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 26, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to two resolutions of the House of Representatives of the 23d
+ instant, in the following words, respectively&mdash;
+</p>
+<p class="q">
+ <i>Resolved</i>, That the House of Representatives respectfully request the
+ President of the United States to urge upon the Canadian authorities,
+ and also the British Government, the release of the Fenian prisoners
+ recently captured in Canada;
+</p><p class="q">
+ <i>Resolved</i>, That this House respectfully request the President to cause
+ the prosecutions instituted in the United States courts against the
+ Fenians to be discontinued, if compatible with the public interest&mdash;
+</p>
+<p>
+ I transmit a report on the subject from the Secretary of State, together
+ with the documents which accompany it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>February 19, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have examined with care the bill, which originated in the Senate and
+ has been passed by the two Houses of Congress, to amend an act entitled
+ "An act to establish a bureau for the relief of freedmen and refugees,"
+ and for other purposes. Having with much regret come to the conclusion
+ that it would not be consistent with the public welfare to give my
+ approval to the measure, I return the bill to the Senate with my
+ objections to its becoming a law.
+</p>
+<p>
+ I might call to mind in advance of these objections that there is no
+ immediate necessity for the proposed measure. The act to establish a
+ bureau for the relief of freedmen and refugees, which was approved in
+ the month of March last, has not yet expired. It was thought stringent
+ and extensive enough for the purpose in view in time of war. Before it
+ ceases to have effect further experience may assist to guide us to a
+ wise conclusion as to the policy to be adopted in time of peace.
+</p>
+<p>
+ I share with Congress the strongest desire to secure to the freedmen
+ the full enjoyment of their freedom and property and their entire
+ independence and equality in making contracts for their labor, but the
+ bill before me contains provisions which in my opinion are not warranted
+ by the Constitution and are not well suited to accomplish the end in
+ view.
+</p>
+<p>
+ The bill proposes to establish by authority of Congress military
+ jurisdiction over all parts of the United States containing refugees and
+ freedmen. It would by its very nature apply with most force to those
+ parts of the United States in which the freedmen most abound, and it
+ expressly extends the existing temporary jurisdiction of the Freedmen's
+ Bureau, with greatly enlarged powers, over those States "in which the
+ ordinary course of judicial proceedings has been interrupted by the
+ rebellion." The source from which this military jurisdiction is to
+ emanate is none other than the President of the United States, acting
+ through the War Department and the Commissioner of the Freedmen's
+ Bureau. The agents to carry out this military jurisdiction are to be
+ selected either from the Army or from civil life; the country is to be
+ divided into districts and subdistricts, and the number of salaried
+ agents to be employed may be equal to the number of counties or parishes
+ in all the United States where freedmen and refugees are to be found.
+</p>
+<p>
+ The subjects over which this military jurisdiction is to extend in every
+ part of the United States include protection to "all employees, agents,
+ and officers of this bureau in the exercise of the duties imposed" upon
+ them by the bill. In eleven States it is further to extend over all
+ cases affecting freedmen and refugees discriminated against "by local
+ law, custom, or prejudice." In those eleven States the bill subjects any
+ white person who may be charged with depriving a freedman of "any civil
+ rights or immunities belonging to white persons" to imprisonment or
+ fine, or both, without, however, defining the "civil rights and
+ immunities" which are thus to be secured to the freedmen by military
+ law. This military jurisdiction also extends to all questions that may
+ arise respecting contracts. The agent who is thus to exercise the office
+ of a military judge may be a stranger, entirely ignorant of the laws of
+ the place, and exposed to the errors of judgment to which all men are
+ liable. The exercise of power over which there is no legal supervision
+ by so vast a number of agents as is contemplated by the bill must, by
+ the very nature of man, be attended by acts of caprice, injustice, and
+ passion.
+</p>
+<p>
+ The trials having their origin under this bill are to take place without
+ the intervention of a jury and without any fixed rules of law or
+ evidence. The rules on which offenses are to be "heard and determined"
+ by the numerous agents are such rules and regulations as the President,
+ through the War Department, shall prescribe. No previous presentment is
+ required nor any indictment charging the commission of a crime against
+ the laws; but the trial must proceed on charges and specifications. The
+ punishment will be, not what the law declares, but such as a
+ court-martial may think proper; and from these arbitrary tribunals there
+ lies no appeal, no writ of error to any of the courts in which the
+ Constitution of the United States vests exclusively the judicial power
+ of the country.
+</p>
+<p>
+ While the territory and the classes of actions and offenses that are
+ made subject to this measure are so extensive, the bill itself, should
+ it become a law, will have no limitation in point of time, but will form
+ a part of the permanent legislation of the country. I can not reconcile
+ a system of military jurisdiction of this kind with the words of the
+ Constitution which declare that "no person shall be held to answer
+ for a capital or otherwise infamous crime unless on a presentment or
+ indictment of a grand jury, except in cases arising in the land or naval
+ forces, or in the militia when in actual service in time of war or
+ public danger," and that "in all criminal prosecutions the accused shall
+ enjoy the right to a speedy and public trial by an impartial jury of the
+ State and district wherein the crime shall have been committed." The
+ safeguards which the experience and wisdom of ages taught our fathers
+ to establish as securities for the protection of the innocent, the
+ punishment of the guilty, and the equal administration of justice are
+ to be set aside, and for the sake of a more vigorous interposition in
+ behalf of justice we are to take the risks of the many acts of injustice
+ that would necessarily follow from an almost countless number of agents
+ established in every parish or county in nearly a third of the States of
+ the Union, over whose decisions there is to be no supervision or control
+ by the Federal courts. The power that would be thus placed in the hands
+ of the President is such as in time of peace certainly ought never to be
+ intrusted to any one man.
+</p>
+<p>
+ If it be asked whether the creation of such a tribunal within a State is
+ warranted as a measure of war, the question immediately presents itself
+ whether we are still engaged in war. Let us not unnecessarily disturb
+ the commerce and credit and industry of the country by declaring to the
+ American people and to the world that the United States are still in a
+ condition of civil war. At present there is no part of our country in
+ which the authority of the United States is disputed. Offenses that may
+ be committed by individuals should not work a forfeiture of the rights
+ of whole communities. The country has returned, or is returning, to a
+ state of peace and industry, and the rebellion is in fact at an end.
+ The measure, therefore, seems to be as inconsistent with the actual
+ condition of the country as it is at variance with the Constitution of
+ the United States.
+</p>
+<p>
+ If, passing from general considerations, we examine the bill in detail,
+ it is open to weighty objections.
+</p>
+<p>
+ In time of war it was eminently proper that we should provide for
+ those who were passing suddenly from a condition of bondage to a state
+ of freedom. But this bill proposes to make the Freedmen's Bureau,
+ established by the act of 1865 as one of many great and extraordinary
+ military measures to suppress a formidable rebellion, a permanent branch
+ of the public administration, with its powers greatly enlarged. I have
+ no reason to suppose, and I do not understand it to be alleged, that
+ the act of March, 1865, has proved deficient for the purpose for which
+ it was passed, although at that time and for a considerable period
+ thereafter the Government of the United States remained unacknowledged
+ in most of the States whose inhabitants had been involved in the
+ rebellion. The institution of slavery, for the military destruction of
+ which the Freedmen's Bureau was called into existence as an auxiliary,
+ has been already effectually and finally abrogated throughout the whole
+ country by an amendment of the Constitution of the United States, and
+ practically its eradication has received the assent and concurrence of
+ most of those States in which it at any time had an existence. I am not,
+ therefore, able to discern in the condition of the country anything to
+ justify an apprehension that the powers and agencies of the Freedmen's
+ Bureau, which were effective for the protection of freedmen and refugees
+ during the actual continuance of hostilities and of African servitude,
+ will now, in a time of peace and after the abolition of slavery, prove
+ inadequate to the same proper ends. If I am correct in these views,
+ there can be no necessity for the enlargement of the powers of the
+ Bureau, for which provision is made in the bill.
+</p>
+<p>
+ The third section of the bill authorizes a general and unlimited grant
+ of support to the destitute and suffering refugees and freedmen, their
+ wives and children. Succeeding sections make provision for the rent or
+ purchase of landed estates for freedmen, and for the erection for their
+ benefit of suitable buildings for asylums and schools, the expenses to
+ be defrayed from the Treasury of the whole people. The Congress of the
+ United States has never heretofore thought itself empowered to establish
+ asylums beyond the limits of the District of Columbia, except for the
+ benefit of our disabled soldiers and sailors. It has never founded
+ schools for any class of our own people, not even for the orphans of
+ those who have fallen in the defense of the Union, but has left the care
+ of education to the much more competent and efficient control of the
+ States, of communities, of private associations, and of individuals.
+ It has never deemed itself authorized to expend the public money for
+ the rent or purchase of homes for the thousands, not to say millions,
+ of the white race who are honestly toiling from day to day for their
+ subsistence. A system for the support of indigent persons in the United
+ States was never contemplated by the authors of the Constitution; nor
+ can any good reason be advanced why, as a permanent establishment,
+ it should be founded for one class or color of our people more than
+ another. Pending the war many refugees and freedmen received support
+ from the Government, but it was never intended that they should
+ thenceforth be fed, clothed, educated, and sheltered by the United
+ States. The idea on which the slaves were assisted to freedom was that
+ on becoming free they would be a self-sustaining population. Any
+ legislation that shall imply that they are not expected to attain a
+ self-sustaining condition must have a tendency injurious alike to their
+ character and their prospects.
+</p>
+<p>
+ The appointment of an agent for every county and parish will create an
+ immense patronage, and the expense of the numerous officers and their
+ clerks, to be appointed by the President, will be great in the
+ beginning, with a tendency steadily to increase. The appropriations
+ asked by the Freedmen's Bureau as now established, for the year 1866,
+ amount to $11,745,000. It may be safely estimated that the cost to be
+ incurred under the pending bill will require double that amount&mdash;more
+ than the entire sum expended in any one year under the Administration of
+ the second Adams. If the presence of agents in every parish and county
+ is to be considered as a war measure, opposition, or even resistance,
+ might be provoked; so that to give effect to their jurisdiction troops
+ would have to be stationed within reach of every one of them, and thus a
+ large standing force be rendered necessary. Large appropriations would
+ therefore be required to sustain and enforce military jurisdiction in
+ every county or parish from the Potomac to the Rio Grande. The condition
+ of our fiscal affairs is encouraging, but in order to sustain the
+ present measure of public confidence it is necessary that we practice
+ not merely customary economy, but, as far as possible, severe
+ retrenchment.
+</p>
+<p>
+ In addition to the objections already stated, the fifth section of the
+ bill proposes to take away land from its former owners without any
+ legal proceedings being first had, contrary to that provision of the
+ Constitution which declares that no person shall "be deprived of life,
+ liberty, or property without due process of law." It does not appear
+ that a part of the lands to which this section refers may not be owned
+ by minors or persons of unsound mind, or by those who have been faithful
+ to all their obligations as citizens of the United States. If any
+ portion of the land is held by such persons, it is not competent for
+ any authority to deprive them of it. If, on the other hand, it be found
+ that the property is liable to confiscation, even then it can not be
+ appropriated to public purposes until by due process of law it shall
+ have been declared forfeited to the Government.
+</p>
+<p>
+ There is still further objection to the bill, on grounds seriously
+ affecting the class of persons to whom it is designed to bring relief.
+ It will tend to keep the mind of the freedman in a state of uncertain
+ expectation and restlessness, while to those among whom he lives it will
+ be a source of constant and vague apprehension.
+</p>
+<p>
+ Undoubtedly the freedman should be protected, but he should be protected
+ by the civil authorities, especially by the exercise of all the
+ constitutional powers of the courts of the United States and of the
+ States. His condition is not so exposed as may at first be imagined.
+ He is in a portion of the country where his labor can not well be
+ spared. Competition for his services from planters, from those who
+ are constructing or repairing railroads, and from capitalists in his
+ vicinage or from other States will enable him to command almost his own
+ terms. He also possesses a perfect right to change his place of abode,
+ and if, therefore, he does not find in one community or State a mode of
+ life suited to his desires or proper remuneration for his labor, he can
+ move to another where that labor is more esteemed and better rewarded.
+ In truth, however, each State, induced by its own wants and interests,
+ will do what is necessary and proper to retain within its borders all
+ the labor that is needed for the development of its resources. The laws
+ that regulate supply and demand will maintain their force, and the wages
+ of the laborer will be regulated thereby. There is no danger that the
+ exceedingly great demand for labor will not operate in favor of the
+ laborer.
+</p>
+<p>
+ Neither is sufficient consideration given to the ability of the freedmen
+ to protect and take care of themselves. It is no more than justice to
+ them to believe that as they have received their freedom with moderation
+ and forbearance, so they will distinguish themselves by their industry
+ and thrift, and soon show the world that in a condition of freedom they
+ are self-sustaining, capable of selecting their own employment and
+ their own places of abode, of insisting for themselves on a proper
+ remuneration, and of establishing and maintaining their own asylums and
+ schools. It is earnestly hoped that instead of wasting away they will by
+ their own efforts establish for themselves a condition of respectability
+ and prosperity. It is certain that they can attain to that condition
+ only through their own merits and exertions.
+</p>
+<p>
+ In this connection the query presents itself whether the system proposed
+ by the bill will not, when put into complete operation, practically
+ transfer the entire care, support, and control of 4,000,000 emancipated
+ slaves to agents, overseers, or taskmasters, who, appointed at
+ Washington, are to be located in every county and parish throughout the
+ United States containing freedmen and refugees. Such a system would
+ inevitably tend to a concentration of power in the Executive which would
+ enable him, if so disposed, to control the action of this numerous class
+ and use them for the attainment of his own political ends.
+</p>
+<p>
+ I can not but add another very grave objection to this bill. The
+ Constitution imperatively declares, in connection with taxation, that
+ each State <i>shall</i> have at least one Representative, and fixes the rule
+ for the number to which, in future times, each State shall be entitled.
+ It also provides that the Senate of the United States <i>shall</i> be
+ composed of two Senators from each State, and adds with peculiar force
+ "that no State, without its consent, shall be deprived of its equal
+ suffrage in the Senate." The original act was necessarily passed in the
+ absence of the States chiefly to be affected, because their people were
+ then contumaciously engaged in the rebellion. Now the case is changed,
+ and some, at least, of those States are attending Congress by loyal
+ representatives, soliciting the allowance of the constitutional right
+ for representation. At the time, however, of the consideration and the
+ passing of this bill there was no Senator or Representative in Congress
+ from the eleven States which are to be mainly affected by its
+ provisions. The very fact that reports were and are made against the
+ good disposition of the people of that portion of the country is an
+ additional reason why they need and should have representatives of their
+ own in Congress to explain their condition, reply to accusations,
+ and assist by their local knowledge in the perfecting of measures
+ immediately affecting themselves. While the liberty of deliberation
+ would then be free and Congress would have full power to decide
+ according to its judgment, there could be no objection urged that the
+ States most interested had not been permitted to be heard. The principle
+ is firmly fixed in the minds of the American people that there should be
+ no taxation without representation. Great burdens have now to be borne
+ by all the country, and we may best demand that they shall be borne
+ without murmur when they are voted by a majority of the representatives
+ of all the people. I would not interfere with the unquestionable right
+ of Congress to judge, each House for itself, "of the elections, returns,
+ and qualifications of its own members;" but that authority can not be
+ construed as including the right to shut out in time of peace any State
+ from the representation to which it is entitled by the Constitution.
+ At present all the people of eleven States are excluded&mdash;those who
+ were most faithful during the war not less than others. The State of
+ Tennessee, for instance, whose authorities engaged in rebellion, was
+ restored to all her constitutional relations to the Union by the
+ patriotism and energy of her injured and betrayed people. Before the war
+ was brought to a termination they had placed themselves in relations
+ with the General Government, had established a State government of their
+ own, and, as they were not included in the emancipation proclamation,
+ they by their own act had amended their constitution so as to abolish
+ slavery within the limits of their State. I know no reason why the State
+ of Tennessee, for example, should not fully enjoy "all her
+ constitutional relations to the United States."
+</p>
+<p>
+ The President of the United States stands toward the country in
+ a somewhat different attitude from that of any member of Congress.
+ Each member of Congress is chosen from a single district or State;
+ the President is chosen by the people of all the States. As eleven
+ States are not at this time represented in either branch of Congress, it
+ would seem to be his duty on all proper occasions to present their just
+ claims to Congress. There always will be differences of opinion in the
+ community, and individuals may be guilty of transgressions of the law,
+ but these do not constitute valid objections against the right of a
+ State to representation. I would in no wise interfere with the
+ discretion of Congress with regard to the qualifications of members; but
+ I hold it my duty to recommend to you, in the interests of peace and the
+ interests of union, the admission of every State to its share in public
+ legislation when, however insubordinate, insurgent, or rebellious its
+ people may have been, it presents itself, not only in an attitude of
+ loyalty and harmony, but in the persons of representatives whose loyalty
+ can not be questioned under any existing constitutional or legal test.
+ It is plain that an indefinite or permanent exclusion of any part of the
+ country from representation must be attended by a spirit of disquiet and
+ complaint. It is unwise and dangerous to pursue a course of measures
+ which will unite a very large section of the country against another
+ section of the country, however much the latter may preponderate. The
+ course of emigration, the development of industry and business, and
+ natural causes will raise up at the South men as devoted to the Union as
+ those of any other part of the land; but if they are all excluded from
+ Congress, if in a permanent statute they are declared not to be in full
+ constitutional relations to the country, they may think they have cause
+ to become a unit in feeling and sentiment against the Government. Under
+ the political education of the American people the idea is inherent and
+ ineradicable that the consent of the majority of the whole people is
+ necessary to secure a willing acquiescence in legislation.
+</p>
+<p>
+ The bill under consideration refers to certain of the States as though
+ they had not "been fully restored in all their constitutional relations
+ to the United States." If they have not, let us at once act together to
+ secure that desirable end at the earliest possible moment. It is hardly
+ necessary for me to inform Congress that in my own judgment most of
+ those States, so far, at least, as depends upon their own action, have
+ already been fully restored, and are to be deemed as entitled to enjoy
+ their constitutional rights as members of the Union. Reasoning from the
+ Constitution itself and from the actual situation of the country, I feel
+ not only entitled but bound to assume that with the Federal courts
+ restored and those of the several States in the full exercise of their
+ functions the rights and interests of all classes of people will,
+ with the aid of the military in cases of resistance to the laws,
+ be essentially protected against unconstitutional infringement or
+ violation. Should this expectation unhappily fail, which I do not
+ anticipate, then the Executive is already fully armed with the powers
+ conferred by the act of March, 1865, establishing the Freedmen's Bureau,
+ and hereafter, as heretofore, he can employ the land and naval forces of
+ the country to suppress insurrection or to overcome obstructions to the
+ laws.
+</p>
+<p>
+ In accordance with the Constitution, I return the bill to the Senate,
+ in the earnest hope that a measure involving questions and interests so
+ important to the country will not become a law, unless upon deliberate
+ consideration by the people it shall receive the sanction of an
+ enlightened public judgment.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 27, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I regret that the bill, which has passed both Houses of Congress,
+ entitled "An act to protect all persons in the United States in their
+ civil rights and furnish the means of their vindication," contains
+ provisions which I can not approve consistently with my sense of duty to
+ the whole people and my obligations to the Constitution of the United
+ States. I am therefore constrained to return it to the Senate, the House
+ in which it originated, with my objections to its becoming a law.
+</p>
+<p>
+ By the first section of the bill all persons born in the United States
+ and not subject to any foreign power, excluding Indians not taxed, are
+ declared to be citizens of the United States. This provision comprehends
+ the Chinese of the Pacific States, Indians subject to taxation, the
+ people called gypsies, as well as the entire race designated as blacks,
+ people of color, negroes, mulattoes, and persons of African blood. Every
+ individual of these races born in the United States is by the bill made
+ a citizen of the United States. It does not purport to declare or confer
+ any other right of citizenship than Federal citizenship. It does not
+ purport to give these classes of persons any status as citizens of
+ States, except that which may result from their status as citizens of
+ the United States. The power to confer the right of State citizenship is
+ just as exclusively with the several States as the power to confer the
+ right of Federal citizenship is with Congress.
+</p>
+<p>
+ The right of Federal citizenship thus to be conferred on the several
+ excepted races before mentioned is now for the first time proposed to be
+ given by law. If, as is claimed by many, all persons who are native born
+ already are, by virtue of the Constitution, citizens of the United
+ States, the passage of the pending bill can not be necessary to make
+ them such. If, on the other hand, such persons are not citizens, as may
+ be assumed from the proposed legislation to make them such, the grave
+ question presents itself whether, when eleven of the thirty-six States
+ are unrepresented in Congress at the present time, it is sound policy
+ to make our entire colored population and all other excepted classes
+ citizens of the United States. Four millions of them have just emerged
+ from slavery into freedom. Can it be reasonably supposed that they
+ possess the requisite qualifications to entitle them to all the
+ privileges and immunities of citizens of the United States? Have the
+ people of the several States expressed such a conviction? It may also be
+ asked whether it is necessary that they should be declared citizens in
+ order that they may be secured in the enjoyment of the civil rights
+ proposed to be conferred by the bill. Those rights are, by Federal as
+ well as State laws, secured to all domiciled aliens and foreigners, even
+ before the completion of the process of naturalization; and it may
+ safely be assumed that the same enactments are sufficient to give like
+ protection and benefits to those for whom this bill provides special
+ legislation. Besides, the policy of the Government from its origin to
+ the present time seems to have been that persons who are strangers to
+ and unfamiliar with our institutions and our laws should pass through
+ a certain probation, at the end of which, before attaining the coveted
+ prize, they must give evidence of their fitness to receive and to
+ exercise the rights of citizens as contemplated by the Constitution of
+ the United States. The bill in effect proposes a discrimination against
+ large numbers of intelligent, worthy, and patriotic foreigners, and in
+ favor of the negro, to whom, after long years of bondage, the avenues to
+ freedom and intelligence have just now been suddenly opened. He must of
+ necessity, from his previous unfortunate condition of servitude, be less
+ informed as to the nature and character of our institutions than he who,
+ coming from abroad, has, to some extent at least, familiarized himself
+ with the principles of a Government to which he voluntarily intrusts
+ "life, liberty, and the pursuit of happiness." Yet it is now proposed,
+ by a single legislative enactment, to confer the rights of citizens upon
+ all persons of African descent born within the extended limits of the
+ United States, while persons of foreign birth who make our land their
+ home must undergo a probation of five years, and can only then become
+ citizens upon proof that they are "of good moral character, attached to
+ the principles of the Constitution of the United States, and well
+ disposed to the good order and happiness of the same."
+</p>
+<p>
+ The first section of the bill also contains an enumeration of the rights
+ to be enjoyed by these classes so made citizens "in every State and
+ Territory in the United States." These rights are "to make and enforce
+ contracts; to sue, be parties, and give evidence; to inherit, purchase,
+ lease, sell, hold, and convey real and personal property," and to have
+ "full and equal benefit of all laws and proceedings for the security of
+ person and property as is enjoyed by white citizens." So, too, they are
+ made subject to the same punishment, pains, and penalties in common with
+ white citizens, and to none other. Thus a perfect equality of the white
+ and colored races is attempted to be fixed by Federal law in every State
+ of the Union over the vast field of State jurisdiction covered by these
+ enumerated rights. In no one of these can any State ever exercise any
+ power of discrimination between the different races. In the exercise of
+ State policy over matters exclusively affecting the people of each State
+ it has frequently been thought expedient to discriminate between the
+ two races. By the statutes of some of the States, Northern as well
+ as Southern, it is enacted, for instance, that no white person shall
+ intermarry with a negro or mulatto. Chancellor Kent says, speaking of
+ the blacks, that&mdash;
+</p>
+<p class="q">
+ Marriages between them and the whites are forbidden in some of the
+ States where slavery does not exist, and they are prohibited in all the
+ slaveholding States; and when not absolutely contrary to law, they are
+ revolting, and regarded as an offense against public decorum.
+</p>
+<p>
+ I do not say that this bill repeals State laws on the subject of
+ marriage between the two races, for as the whites are forbidden to
+ intermarry with the blacks, the blacks can only make such contracts as
+ the whites themselves are allowed to make, and therefore can not under
+ this bill enter into the marriage contract with the whites. I cite this
+ discrimination, however, as an instance of the State policy as to
+ discrimination, and to inquire whether if Congress can abrogate all
+ State laws of discrimination between the two races in the matter of real
+ estate, of suits, and of contracts generally Congress may not also
+ repeal the State laws as to the contract of marriage between the two
+ races. Hitherto every subject embraced in the enumeration of rights
+ contained in this bill has been considered as exclusively belonging to
+ the States. They all relate to the internal police and economy of the
+ respective States. They are matters which in each State concern the
+ domestic condition of its people, varying in each according to its own
+ peculiar circumstances and the safety and well-being of its own
+ citizens. I do not mean to say that upon all these subjects there are
+ not Federal restraints&mdash;as, for instance, in the State power of
+ legislation over contracts there is a Federal limitation that no State
+ shall pass a law impairing the obligations of contracts; and, as to
+ crimes, that no State shall pass an <i>ex post facto</i> law; and, as to
+ money, that no State shall make anything but gold and silver a legal
+ tender; but where can we find a Federal prohibition against the power
+ of any State to discriminate, as do most of them, between aliens and
+ citizens, between artificial persons, called corporations, and natural
+ persons, in the right to hold real estate? If it be granted that
+ Congress can repeal all State laws discriminating between whites and
+ blacks in the subjects covered by this bill, why, it may be asked, may
+ not Congress repeal in the same way all State laws discriminating
+ between the two races on the subjects of suffrage and office? If
+ Congress can declare by law who shall hold lands, who shall testify, who
+ shall have capacity to make a contract in a State, then Congress can by
+ law also declare who, without regard to color or race, shall have the
+ right to sit as a juror or as a judge, to hold any office, and, finally,
+ to vote "in every State and Territory of the United States." As respects
+ the Territories, they come within the power of Congress, for as to them
+ the lawmaking power is the Federal power; but as to the States no
+ similar provision exists vesting in Congress the power "to make rules
+ and regulations" for them.
+</p>
+<p>
+ The object of the second section of the bill is to afford discriminating
+ protection to colored persons in the full enjoyment of all the rights
+ secured to them by the preceding section. It declares&mdash;
+</p>
+<p class="q">
+ That any person who, under color of any law, statute, ordinance,
+ regulation, or custom, shall subject, or cause to be subjected, any
+ inhabitant of any State or Territory to the deprivation of any right
+ secured or protected by this act, or to different punishment, pains, or
+ penalties on account of such person having at any time been held in a
+ condition of slavery or involuntary servitude, except as a punishment
+ for crime whereof the party shall have been duly convicted, or by reason
+ of his color or race, than is prescribed for the punishment of white
+ persons, shall be deemed guilty of a misdemeanor, and on conviction
+ shall be punished by fine not exceeding $1,000, or imprisonment not
+ exceeding one year, or both, in the discretion of the court.
+</p>
+<p>
+ This section seems to be designed to apply to some existing or future
+ law of a State or Territory which may conflict with the provisions of
+ the bill now under consideration. It provides for counteracting such
+ forbidden legislation by imposing fine and imprisonment upon the
+ legislators who may pass such conflicting laws, or upon the officers or
+ agents who shall put or attempt to put them into execution. It means an
+ official offense, not a common crime committed against law upon the
+ persons or property of the black race. Such an act may deprive the black
+ man of his property, but not of the <i>right</i> to hold property. It means
+ a deprivation of the right itself, either by the State judiciary or
+ the State legislature. It is therefore assumed that under this section
+ members of State legislatures who should vote for laws conflicting with
+ the provisions of the bill, that judges of the State courts who should
+ render judgments in antagonism with its terms, and that marshals and
+ sheriffs who should, as ministerial officers, execute processes
+ sanctioned by State laws and issued by State judges in execution of
+ their judgments could be brought before other tribunals and there
+ subjected to fine and imprisonment for the performance of the duties
+ which such State laws might impose. The legislation thus proposed
+ invades the judicial power of the State. It says to every State court or
+ judge, If you decide that this act is unconstitutional; if you refuse,
+ under the prohibition of a State law, to allow a negro to testify; if
+ you hold that over such a subject-matter the State law is paramount, and
+ "under color" of a State law refuse the exercise of the right to the
+ negro, your error of judgment, however conscientious, shall subject
+ you to fine and imprisonment. I do not apprehend that the conflicting
+ legislation which the bill seems to contemplate is so likely to occur as
+ to render it necessary at this time to adopt a measure of such doubtful
+ constitutionality.
+</p>
+<p>
+ In the next place, this provision of the bill seems to be unnecessary,
+ as adequate judicial remedies could be adopted to secure the desired end
+ without invading the immunities of legislators, always important to be
+ preserved in the interest of public liberty; without assailing the
+ independence of the judiciary, always essential to the preservation of
+ individual rights; and without impairing the efficiency of ministerial
+ officers, always necessary for the maintenance of public peace and
+ order. The remedy proposed by this section seems to be in this respect
+ not only anomalous, but unconstitutional; for the Constitution
+ guarantees nothing with certainty if it does not insure to the several
+ States the right of making and executing laws in regard to all matters
+ arising within their jurisdiction, subject only to the restriction that
+ in cases of conflict with the Constitution and constitutional laws of
+ the United States the latter should be held to be the supreme law of the
+ land.
+</p>
+<p>
+ The third section gives the district courts of the United States
+ exclusive "cognizance of all crimes and offenses committed against the
+ provisions of this act," and concurrent jurisdiction with the circuit
+ courts of the United States of all civil and criminal cases "affecting
+ persons who are denied or can not enforce in the courts or judicial
+ tribunals of the State or locality where they may be any of the rights
+ secured to them by the first section." The construction which I have
+ given to the second section is strengthened by this third section, for
+ it makes clear what kind of denial or deprivation of the rights secured
+ by the first section was in contemplation. It is a denial or deprivation
+ of such rights "in the courts or judicial tribunals of the State." It
+ stands, therefore, clear of doubt that the offense and the penalties
+ provided in the second section are intended for the State judge who, in
+ the clear exercise of his functions as a judge, not acting ministerially
+ but judicially, shall decide contrary to this Federal law. In other
+ words, when a State judge, acting upon a question involving a conflict
+ between a State law and a Federal law, and bound, according to his own
+ judgment and responsibility, to give an impartial decision between the
+ two, comes to the conclusion that the State law is valid and the Federal
+ law is invalid, he must not follow the dictates of his own judgment, at
+ the peril of fine and imprisonment. The legislative department of the
+ Government of the United States thus takes from the judicial department
+ of the States the sacred and exclusive duty of judicial decision, and
+ converts the State judge into a mere ministerial officer, bound to
+ decide according to the will of Congress.
+</p>
+<p>
+ It is clear that in States which deny to persons whose rights are
+ secured by the first section of the bill any one of those rights all
+ criminal and civil cases affecting them will, by the provisions of the
+ third section, come under the exclusive cognizance of the Federal
+ tribunals. It follows that if, in any State which denies to a colored
+ person any one of all those rights, that person should commit a crime
+ against the laws of a State&mdash;murder, arson, rape, or any other
+ crime&mdash;all protection and punishment through the courts of the State are
+ taken away, and he can only be tried and punished in the Federal courts.
+ How is the criminal to be tried? If the offense is provided for and
+ punished by Federal law, that law, and not the State law, is to govern.
+ It is only when the offense does not happen to be within the purview of
+ Federal law that the Federal courts are to try and punish him under any
+ other law. Then resort is to be had to "the common law, as modified and
+ changed" by State legislation, "so far as the same is not inconsistent
+ with the Constitution and laws of the United States." So that over this
+ vast domain of criminal jurisprudence provided by each State for the
+ protection of its own citizens and for the punishment of all persons who
+ violate its criminal laws, Federal law, whenever it can be made to
+ apply, displaces State law. The question here naturally arises, from
+ what source Congress derives the power to transfer to Federal tribunals
+ certain classes of cases embraced in this section. The Constitution
+ expressly declares that the judicial power of the United States "shall
+ extend to all cases, in law and equity, arising under this Constitution,
+ the laws of the United States, and treaties made or which shall be made
+ under their authority; to all cases affecting ambassadors, other public
+ ministers, and consuls; to all cases of admiralty and maritime
+ jurisdiction; to controversies to which the United States shall be a
+ party; to controversies between two or more States, between a State and
+ citizens of another State, between citizens of different States, between
+ citizens of the same State claiming lands under grants of different
+ States, and between a State, or the citizens thereof, and foreign
+ states, citizens, or subjects." Here the judicial power of the United
+ States is expressly set forth and defined; and the act of September 24,
+ 1789, establishing the judicial courts of the United States, in
+ conferring upon the Federal courts jurisdiction over cases originating
+ in State tribunals, is careful to confine them to the classes enumerated
+ in the above-recited clause of the Constitution. This section of the
+ bill undoubtedly comprehends cases and authorizes the exercise of powers
+ that are not, by the Constitution, within the jurisdiction of the courts
+ of the United States. To transfer them to those courts would be an
+ exercise of authority well calculated to excite distrust and alarm on
+ the part of all the States, for the bill applies alike to all of
+ them&mdash;as well to those that have as to those that have not been engaged
+ in rebellion.
+</p>
+<p>
+ It may be assumed that this authority is incident to the power granted
+ to Congress by the Constitution, as recently amended, to enforce, by
+ appropriate legislation, the article declaring that&mdash;
+</p>
+<p class="q">
+ Neither slavery nor involuntary servitude, except as a punishment for
+ crime whereof the party shall have been duly convicted, shall exist
+ within the United States or any place subject to their jurisdiction.
+</p>
+<p>
+ It can not, however, be justly claimed that, with a view to the
+ enforcement of this article of the Constitution, there is at present any
+ necessity for the exercise of all the powers which this bill confers.
+ Slavery has been abolished, and at present nowhere exists within the
+ jurisdiction of the United States; nor has there been, nor is it likely
+ there will be, any attempt to revive it by the people or the States.
+ If, however, any such attempt shall be made, it will then become the
+ duty of the General Government to exercise any and all incidental powers
+ necessary and proper to maintain inviolate this great constitutional law
+ of freedom.
+</p>
+<p>
+ The fourth section of the bill provides that officers and agents of the
+ Freedmen's Bureau shall be empowered to make arrests, and also that
+ other officers may be specially commissioned for that purpose by the
+ President of the United States. It also authorizes circuit courts of the
+ United States and the superior courts of the Territories to appoint,
+ without limitation, commissioners, who are to be charged with the
+ performance of <i>quasi</i> judicial duties. The fifth section empowers the
+ commissioners so to be selected by the courts to appoint in writing,
+ under their hands, one or more suitable persons from time to time to
+ execute warrants and other processes described by the bill. These
+ numerous official agents are made to constitute a sort of police,
+ in addition to the military, and are authorized to summon a <i>posse
+ comitatus</i>, and even to call to their aid such portion of the land
+ and naval forces of the United States, or of the militia, "as may be
+ necessary to the performance of the duty with which they are charged."
+ This extraordinary power is to be conferred upon agents irresponsible to
+ the Government and to the people, to whose number the discretion of the
+ commissioners is the only limit, and in whose hands such authority might
+ be made a terrible engine of wrong, oppression, and fraud. The general
+ statutes regulating the land and naval forces of the United States, the
+ militia, and the execution of the laws are believed to be adequate for
+ every emergency which can occur in time of peace. If it should prove
+ otherwise, Congress can at any time amend those laws in such manner as,
+ while subserving the public welfare, not to jeopard the rights,
+ interests, and liberties of the people.
+</p>
+<p>
+ The seventh section provides that a fee of $10 shall be paid to each
+ commissioner in every case brought before him, and a fee of $5 to his
+ deputy or deputies "for each person he or they may arrest and take
+ before any such commissioner," "with such other fees as may be deemed
+ reasonable by such commissioner," "in general for performing such other
+ duties as may be required in the premises." All these fees are to be
+ "paid out of the Treasury of the United States," whether there is a
+ conviction or not; but in case of conviction they are to be recoverable
+ from the defendant. It seems to me that under the influence of such
+ temptations bad men might convert any law, however beneficent, into an
+ instrument of persecution and fraud.
+</p>
+<p>
+ By the eighth section of the bill the United States courts, which sit
+ only in one place for white citizens, must migrate with the marshal and
+ district attorney (and necessarily with the clerk, although he is not
+ mentioned) to any part of the district upon the order of the President,
+ and there hold a court, "for the purpose of the more speedy arrest and
+ trial of persons charged with a violation of this act;" and there the
+ judge and officers of the court must remain, upon the order of the
+ President, "for the time therein designated."
+</p>
+<p>
+ The ninth section authorizes the President, or such person as he may
+ empower for that purpose, "to employ such part of the land or naval
+ forces of the United States, or of the militia, as shall be necessary
+ to prevent the violation and enforce the due execution of this act."
+ This language seems to imply a permanent military force, that is to be
+ always at hand, and whose only business is to be the enforcement of this
+ measure over the vast region where it is intended to operate.
+</p>
+<p>
+ I do not propose to consider the policy of this bill. To me the details
+ of the bill seem fraught with evil. The white race and the black race of
+ the South have hitherto lived together under the relation of master and
+ slave&mdash;capital owning labor. Now, suddenly, that relation is changed,
+ and as to ownership capital and labor are divorced. They stand now each
+ master of itself. In this new relation, one being necessary to the
+ other, there will be a new adjustment, which both are deeply interested
+ in making harmonious. Each has equal power in settling the terms, and
+ if left to the laws that regulate capital and labor it is confidently
+ believed that they will satisfactorily work out the problem. Capital, it
+ is true, has more intelligence, but labor is never so ignorant as not to
+ understand its own interests, not to know its own value, and not to see
+ that capital must pay that value.
+</p>
+<p>
+ This bill frustrates this adjustment. It intervenes between capital and
+ labor and attempts to settle questions of political economy through the
+ agency of numerous officials whose interest it will be to foment discord
+ between the two races, for as the breach widens their employment will
+ continue, and when it is closed their occupation will terminate.
+</p>
+<p>
+ In all our history, in all our experience as a people living under
+ Federal and State law, no such system as that contemplated by the
+ details of this bill has ever before been proposed or adopted. They
+ establish for the security of the colored race safeguards which go
+ infinitely beyond any that the General Government has ever provided for
+ the white race. In fact, the distinction of race and color is by the
+ bill made to operate in favor of the colored and against the white race.
+ They interfere with the municipal legislation of the States, with the
+ relations existing exclusively between a State and its citizens, or
+ between inhabitants of the same State&mdash;an absorption and assumption of
+ power by the General Government which, if acquiesced in, must sap and
+ destroy our federative system of limited powers and break down the
+ barriers which preserve the rights of the States. It is another step,
+ or rather stride, toward centralization and the concentration of all
+ legislative powers in the National Government. The tendency of the
+ bill must be to resuscitate the spirit of rebellion and to arrest the
+ progress of those influences which are more closely drawing around the
+ States the bonds of union and peace.
+</p>
+<p>
+ My lamented predecessor, in his proclamation of the 1st of January,
+ 1863, ordered and declared that all persons held as slaves within
+ certain States and parts of States therein designated were and
+ thenceforward should be free; and further, that the executive government
+ of the United States, including the military and naval authorities
+ thereof, would recognize and maintain the freedom of such persons.
+ This guaranty has been rendered especially obligatory and sacred by the
+ amendment of the Constitution abolishing slavery throughout the United
+ States. I therefore fully recognize the obligation to protect and
+ defend that class of our people whenever and wherever it shall become
+ necessary, and to the full extent compatible with the Constitution of
+ the United States.
+</p>
+<p>
+ Entertaining these sentiments, it only remains for me to say that I will
+ cheerfully cooperate with Congress in any measure that may be necessary
+ for the protection of the civil rights of the freedmen, as well as those
+ of all other classes of persons throughout the United States, by
+ judicial process, under equal and impartial laws, in conformity with the
+ provisions of the Federal Constitution.
+</p>
+<p>
+ I now return the bill to the Senate, and regret that in considering the
+ bills and joint resolutions&mdash;forty-two in number&mdash;which have been thus
+ far submitted for my approval I am compelled to withhold my assent from
+ a second measure that has received the sanction of both Houses of
+ Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 15, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I return to the Senate, in which House it originated, the bill, which
+ has passed both Houses of Congress, entitled "An act for the admission
+ of the State of Colorado into the Union," with my objections to its
+ becoming a law at this time.
+</p>
+<p>
+ First. From the best information which I have been able to obtain
+ I do not consider the establishment of a State government at present
+ necessary for the welfare of the people of Colorado. Under the existing
+ Territorial government all the rights, privileges, and interests of the
+ citizens are protected and secured. The qualified voters choose their
+ own legislators and their own local officers, and are represented in
+ Congress by a Delegate of their own selection. They make and execute
+ their own municipal laws, subject only to revision by Congress&mdash;an
+ authority not likely to be exercised unless in extreme or extraordinary
+ cases. The population is small, some estimating it so low as 25,000,
+ while advocates of the bill reckon the number at from 35,000 to 40,000
+ souls. The people are principally recent settlers, many of whom are
+ understood to be ready for removal to other mining districts beyond
+ the limits of the Territory if circumstances shall render them more
+ inviting. Such a population can not but find relief from excessive
+ taxation if the Territorial system, which devolves the expenses of the
+ executive, legislative, and judicial departments upon the United States,
+ is for the present continued. They can not but find the security of
+ person and property increased by their reliance upon the national
+ executive power for the maintenance of law and order against the
+ disturbances necessarily incident to all newly organized communities.
+</p>
+<p>
+ Second. It is not satisfactorily established that a majority of the
+ citizens of Colorado desire or are prepared for an exchange of a
+ Territorial for a State government. In September, 1864, under the
+ authority of Congress, an election was lawfully appointed and held for
+ the purpose of ascertaining the views of the people upon this particular
+ question. Six thousand one hundred and ninety-two votes were cast, and
+ of this number a majority of 3,152 was given against the proposed
+ change. In September, 1865, without any legal authority, the question
+ was again presented to the people of the Territory, with the view of
+ obtaining a reconsideration of the result of the election held in
+ compliance with the act of Congress approved March 21, 1864. At this
+ second election 5,905 votes were polled, and a majority of 155 was given
+ in favor of a State organization. It does not seem to me entirely safe
+ to receive this, the last-mentioned, result, so irregularly obtained, as
+ sufficient to outweigh the one which had been legally obtained in the
+ first election. Regularity and conformity to law are essential to the
+ preservation of order and stable government, and should, as far as
+ practicable, always be observed in the formation of new States.
+</p>
+<p>
+ Third. The admission of Colorado at this time as a State into the
+ Federal Union appears to me to be incompatible with the public interests
+ of the country. While it is desirable that Territories, when
+ sufficiently matured, should be organized as States, yet the spirit of
+ the Constitution seems to require that there should be an approximation
+ toward equality among the several States composing the Union. No State
+ can have less or more than two Senators in Congress. The largest State
+ has a population of 4,000,000; several of the States have a population
+ exceeding 2,000,000, and many others have a population exceeding
+ 1,000,000. A population of 127,000 is the ratio of apportionment of
+ Representatives among the several States.
+</p>
+<p>
+ If this bill should become a law, the people of Colorado, 30,000 in
+ number, would have in the House of Representatives one member, while New
+ York, with a population of 4,000,000, has but thirty-one; Colorado would
+ have in the electoral college three votes, while New York has only
+ thirty-three; Colorado would have in the Senate two votes, while New
+ York has no more.
+</p>
+<p>
+ Inequalities of this character have already occurred, but it is believed
+ that none have happened where the inequality was so great. When such
+ inequality has been allowed, Congress is supposed to have permitted it
+ on the ground of some high public necessity and under circumstances
+ which promised that it would rapidly disappear through the growth and
+ development of the newly admitted State. Thus, in regard to the several
+ States in what was formerly called the "Northwest Territory," lying east
+ of the Mississippi, their rapid advancement in population rendered it
+ certain that States admitted with only one or two Representatives in
+ Congress would in a very short period be entitled to a great increase
+ of representation. So, when California was admitted, on the ground of
+ commercial and political exigencies, it was well foreseen that that
+ State was destined rapidly to become a great, prosperous, and important
+ mining and commercial community. In the case of Colorado, I am not aware
+ that any national exigency, either of a political or commercial nature,
+ requires a departure from the law of equality which has been so
+ generally adhered to in our history.
+</p>
+<p>
+ If information submitted in connection with this bill is reliable,
+ Colorado, instead of increasing, has declined in population. At an
+ election for members of a Territorial legislature held in 1861, 10,580
+ votes were cast; at the election before mentioned, in 1864, the number
+ of votes cast was 6,192; while at the irregular election held in 1865,
+ which is assumed as a basis for legislative action at this time, the
+ aggregate of votes was 5,905. Sincerely anxious for the welfare and
+ prosperity of every Territory and State, as well as for the prosperity
+ and welfare of the whole Union, I regret this apparent decline of
+ population in Colorado; but it is manifest that it is due to emigration
+ which is going on from that Territory into other regions within the
+ United States, which either are in fact or are believed by the
+ inhabitants of Colorado to be richer in mineral wealth and agricultural
+ resources. If, however, Colorado has not really declined in population,
+ another census or another election under the authority of Congress would
+ place the question beyond doubt, and cause but little delay in the
+ ultimate admission of the Territory as a State if desired by the people.
+</p>
+<p>
+ The tenor of these objections furnishes the reply which may be expected
+ to an argument in favor of the measure derived from the enabling act
+ which was passed by Congress on the 21st day of March, 1864. Although
+ Congress then supposed that the condition of the Territory was such as
+ to warrant its admission as a State, the result of two years' experience
+ shows that every reason which existed for the institution of a
+ Territorial instead of a State government in Colorado at its first
+ organization still continues in force.
+</p>
+<p>
+ The condition of the Union at the present moment is calculated to
+ inspire caution in regard to the admission of new States. Eleven of the
+ old States have been for some time, and still remain, unrepresented
+ in Congress. It is a common interest of all the States, as well those
+ represented as those unrepresented, that the integrity and harmony of
+ the Union should be restored as completely as possible, so that all
+ those who are expected to bear the burdens of the Federal Government
+ shall be consulted concerning the admission of new States; and that
+ in the meantime no new State shall be prematurely and unnecessarily
+ admitted to a participation in the political power which the Federal
+ Government wields, not for the benefit of any individual State or
+ section, but for the common safety, welfare, and happiness of the whole
+ country.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 15, 1866</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The bill entitled "An act to enable the New York and Montana Iron Mining
+ and Manufacturing Company to purchase a certain amount of the public
+ lands not now in market" is herewith returned to the Senate, in which it
+ originated, with the objections which induce me to withhold my approval.
+</p>
+<p>
+ By the terms of this bill the New York and Montana Iron Mining and
+ Manufacturing Company are authorized, at any time within one year after
+ the date of approval, to <i>preempt</i> two tracts of land in the Territory
+ of Montana, not exceeding in the aggregate twenty sections, and not
+ included in any Indian reservation or in any Government reservation for
+ military or other purposes. Three of these sections may be selected from
+ lands containing <i>iron ore and coal</i>, and the remainder from <i>timber</i>
+ lands lying near thereto. These selections are to be made under
+ regulations from the Secretary of the Interior and be subject to his
+ approval. The company, on the selection of the lands, may acquire
+ immediate possession by permanently marking their boundaries and
+ publishing description thereof in any two newspapers of general
+ circulation in the Territory of Montana. Patents are to be issued on
+ the performance, within two years, of the following conditions:
+</p>
+<p>
+ First. The lands to be surveyed at the expense of the company, and each
+ tract to be "as nearly in a square form as may be practicable."
+</p>
+<p>
+ Second. The company to furnish evidence satisfactory to the Secretary of
+ the Interior that they have erected and have in operation in one or more
+ places on said lands iron works capable of manufacturing at least 1,500
+ tons of iron per annum.
+</p>
+<p>
+ Third. The company to have paid for said lands the minimum price of
+ $1.25 per acre.
+</p>
+<p>
+ It is also provided that the "patents shall convey no title to any
+ mineral lands except iron and coal, or to any lands held by right of
+ possession, or by any other title, <i>except Indian title</i>, valid at
+ the time of the selection of the said lands." The company are to have
+ the privileges of <i>ordinary preemptors</i> and be subject to the same
+ restrictions as such preemptors with reference to wood and timber on the
+ lands, with the exception of so much as may be necessarily used in the
+ erection of buildings and in the legitimate business of manufacturing
+ iron.
+</p>
+<p>
+ The parties upon whom these privileges are conferred are designated in
+ the bill as "The New York and Montana Iron Mining and Manufacturing
+ Company." Their names and residence not being disclosed, it must be
+ inferred that this company is a corporation, which, under color of
+ corporate powers derived from some State or Territorial legislative
+ authority, proposes to carry on the business of mining and manufacturing
+ iron, and to accomplish these ends seeks this grant of public land in
+ Montana. Two questions thus arise, viz, whether the privileges the bill
+ would confer should be granted to any person or persons, and, secondly,
+ whether, if unobjectionable in other respects, they should be conferred
+ upon a corporation.
+</p>
+<p>
+ The public domain is a national trust, set apart and held for the
+ general welfare upon principles of equal justice, and not to be bestowed
+ as a special privilege upon a favored class. The proper rules for the
+ disposal of public land have from the earliest period been the subject
+ of earnest inquiry, grave discussion, and deliberate judgment. The
+ purpose of <i>direct</i> revenue was the first object, and this was attained
+ by public sale to the highest bidder, and subsequently by the right of
+ private purchase at a fixed minimum. It was soon discovered that the
+ surest and most speedy means of promoting the wealth and prosperity of
+ the country was by encouraging actual settlement and occupation, and
+ hence a system of preemption rights, resulting most beneficially, in all
+ the Western Territories. By progressive steps it has advanced to the
+ homestead principle, securing to every head of a family, widow, and
+ single man 21 years of age and to every soldier who has borne arms for
+ his country a landed estate sufficient, with industry, for the purpose
+ of independent support.
+</p>
+<p>
+ Without tracing the system of preemption laws through the several
+ stages, it is sufficient to observe that it rests upon certain just
+ and plain principles, firmly established in all our legislation. The
+ object of these laws is to encourage the expansion of population and
+ the development of agricultural interests, and hence they have been
+ invariably restricted to settlers. Actual residence and cultivation are
+ made indispensable conditions; and, to guard the privilege from abuses
+ of speculation or monopoly, the law is rigid as to the mode of
+ establishing claims by adequate testimony, with penalties for perjury.
+ Mining, trading, or any pursuit other than culture of the soil is
+ interdicted, mineral lands being expressly excluded from preemption
+ privileges, excepting those containing coal, which, in quantities not
+ exceeding 160 acres, are restricted to individuals in actual possession
+ and commerce, with an enhanced minimum of $20 per acre.
+</p>
+<p>
+ For a quarter of a century the quantity of land subject to agricultural
+ preemption has been limited so as not to exceed a quarter section, or
+ 160 acres; and, still further to guard against monopoly, the privilege
+ of preemption is not allowed to any person who owns 320 acres of land in
+ any State or Territory of the United States, nor is any person entitled
+ to more than one preemptive right, nor is it extended to lands to which
+ the Indian usufruct has not been extinguished. To restrict the
+ privilege within reasonable limits, credit to the ordinary preemptor on
+ <i>offered</i> land is not extended beyond twelve months, within which time
+ the minimum price must be paid. Where the settlement is upon <i>unoffered</i>
+ territory, the time for payment is limited to the day of public offering
+ designated by proclamation of the President; while, to prevent
+ depreciation of the land by waste or destruction of what may constitute
+ its value, penal enactments have been made for the punishment of persons
+ depredating upon public timber.
+</p>
+<p>
+ Now, supposing the New York and Montana Iron Mining and Manufacturing
+ Company to be entitled to all the preemption rights which it has been
+ found just and expedient to bestow upon natural persons, it will be seen
+ that the privileges conferred by the bill in question are in direct
+ conflict with every principle heretofore observed in respect to the
+ disposal of the public lands.
+</p>
+<p>
+ The bill confers preemption right to <i>mineral lands</i>, which, excepting
+ coal lands, at an enhanced minimum, have heretofore, as a general
+ principle, been carefully excluded from preemption. The object of the
+ company is not to cultivate the soil or to promote agriculture, but is
+ for the sole purpose of mining and manufacturing iron. The company is
+ not limited, like ordinary preemptors, to one preemptive claim of a
+ quarter section, but may preempt two bodies of land, amounting in
+ the aggregate to twenty sections, containing 12,800 acres, or eighty
+ ordinary individual preemption rights. The timber is not protected, but,
+ on the contrary, is devoted to speedy destruction; for even before the
+ consummation of title the company are allowed to consume whatever may be
+ necessary in the erection of buildings and the business of manufacturing
+ iron. For these special privileges, in contravention of the land policy
+ of so many years, the company are required to pay only the minimum price
+ of $1.25 per acre, or one-sixteenth of the established minimum, and are
+ granted a credit of two years, or twice the time allowed ordinary
+ preemptors on offered lands.
+</p>
+<p>
+ Nor is this all. The preemption right in question covers three sections
+ of land containing iron ore and <i>coal</i>. The act passed on the 1st of
+ July, 1864, made it lawful for the President to cause tracts embracing
+ coal beds or coal fields to be offered at public sale in suitable legal
+ subdivisions to the highest bidder, after public notice of not less than
+ three months, at a minimum price of $20 per acre, and any lands not thus
+ disposed of were thereafter to be liable to private entry at said
+ minimum. By the act of March 3, 1865, the right of preemption to coal
+ lands is granted to any citizen of the United States who at that date
+ was engaged in the business of coal mining on the public domain for
+ purposes of commerce; and he is authorized to enter, according to legal
+ subdivisions, at the minimum price of $20 per acre, a quantity of land
+ not exceeding 160 acres, to embrace his improvements and mining
+ premises. Under these acts the minimum price of three sections of coal
+ lands would be thirty-eight thousand four hundred dollars ($38,400).
+</p>
+<p>
+ By the bill now in question these sections containing <i>coal and iron</i>
+ are bestowed on this company at the nominal price of $1.25 per acre, or
+ two thousand four hundred dollars ($2,400), thus making a gratuity or
+ gift to the New York and Montana Iron Mining and Manufacturing Company
+ of thirty-six thousand dollars ($36,000).
+</p>
+<p>
+ On what ground can such a gratuity to this company be justified,
+ especially at a time when the burdens of taxation bear so heavily upon
+ all classes of the people?
+</p>
+<p>
+ Less than two years ago it appears to have been the deliberate judgment
+ of Congress that tracts of land containing coal beds or coal fields
+ should be sold, after three months' notice, to the bidder at public
+ auction who would give the highest price over $20 per acre, and that
+ a citizen engaged in the business of actual coal mining on the public
+ domain should only secure a tract of 160 acres, at private entry, upon
+ payment of $20 per acre and formal and satisfactory proof that he in all
+ respects came within the requirements of the statute. It can not be that
+ the coal fields of Montana have depreciated nearly twenty fold in value
+ since July, 1864. So complete a revolution in the land policy as is
+ manifested by this act can only be ascribed, therefore, to an
+ inadvertence, which Congress will, I trust, promptly correct.
+</p>
+<p>
+ Believing that the preemption policy&mdash;so deliberately adopted, so long
+ practiced, so carefully guarded with a view to the disposal of the
+ public lands in a manner that would promote the population and
+ prosperity of the country&mdash;should not be perverted to the purposes
+ contemplated by this bill, I would be constrained to withhold my
+ sanction even if this company were, as natural persons, entitled to the
+ privileges of ordinary preemptors; for if a corporation, as the name and
+ the absence of any designation of individuals would denote, the measure
+ before me is liable to another fatal objection.
+</p>
+<p>
+ Why should incorporated companies have the privileges of individual
+ preemptors? What principle of justice requires such a policy? What
+ motive of public welfare can fail to condemn it? Lands held by
+ corporations were regarded by ancient laws as held in mortmain, or by
+ "dead hand," and from the time of Magna Charta corporations required
+ the royal license to hold land, because such holding was regarded as in
+ derogation of public policy and common right. Preemption is itself a
+ special privilege, only authorized by its supposed public benefit in
+ promoting the settlement and cultivation of vacant territory and in
+ rewarding the enterprise of the persons upon whom the privilege is
+ bestowed. "Preemption rights," as declared by the Supreme Court of the
+ United States, "are founded in an enlightened public policy, rendered
+ necessary by the enterprise of our citizens. The adventurous pioneer,
+ who is found in advance of our settlements, encounters many hardships,
+ and not unfrequently dangers from savage incursions. He is generally
+ poor, and it is fit that his enterprise should be rewarded by the
+ privilege of purchasing the spot selected by him, not to exceed 160
+ acres."
+</p>
+<p>
+ It may be said that this company, before they obtain a patent, must
+ prove that within two years they "have erected and have in operation
+ in one or more places on the said lands iron works with a capacity for
+ manufacturing at least 1,500 tons of iron per annum." On the other hand,
+ they are to have possession for two years of more than 12,000 acres of
+ the choice land of the Territory, of which nearly 2,000 acres are to
+ contain <i>iron ore and coal</i> and over 10,000 acres to be of <i>timber</i>
+ land selected by themselves. They will thus have the first and exclusive
+ choice. In fact, they are the only parties who at this time would have
+ any privilege whatever in the way of obtaining titles in that Territory.
+ Inasmuch as Montana has not yet been organized into a land district, the
+ general preemption laws for the benefit of individual settlers have not
+ yet been extended to that country, nor has a single acre of public
+ land in the Territory yet been surveyed. With such exclusive and
+ extraordinary privileges, how many companies would be willing to
+ undertake furnaces that would produce 5 tons per day in much less time
+ than two years?
+</p>
+<p>
+ It is plain the pretended consideration on which the patent is to issue
+ bears no just proportion to that of the ordinary preemptor, and that
+ this bill is but the precursor of a system of land distribution to a
+ privileged class, unequal, unjust, and which ought not to receive the
+ sanction of the General Government. Many thousand pioneers have turned
+ their steps to the Western Territories, seeking, with their wives and
+ children, homesteads to be acquired by sturdy industry under the
+ preemption laws. On their arrival they should not find the timbered
+ lands and the tracts containing iron ore and coal already surveyed and
+ claimed by corporate companies, favored by the special legislation of
+ Congress, and with boundaries fixed even in advance of the public
+ surveys&mdash;a departure from the salutary provision requiring a settler
+ upon unsurveyed lands to limit the boundaries of his claim to the lines
+ of the public survey after they shall have been established. He receives
+ a title only to a legal subdivision, including his residence and
+ improvements. The survey of the company may not accord with that which
+ will hereafter be made by the Government, while the patent that issues
+ will be descriptive of and confer a title to the tract as surveyed by
+ the company.
+</p>
+<p>
+ I am aware of no precedent for granting such exclusive rights to a
+ manufacturing company for a nominal consideration. Congress have made
+ concessions to railway companies of alternate sections within given
+ limits of the lines of their roads. This policy originated in the belief
+ that the facilities afforded by reaching the parts of the country remote
+ from the great centers of population would expedite the settlement and
+ sale of the public domain. These incidental advantages were secured
+ without pecuniary loss to the Government, by reason of the enhanced
+ value of the reserved sections, which are held at the double minimum.
+ Mining and manufacturing companies, however, have always been
+ distinguished from public-improvement corporations. The former are, in
+ law and in fact, only private associations for trade and business on
+ individual account and for personal benefit. Admitting the proposition
+ that railroad grants can stand on sound principle, it is plain that such
+ can not be the case with concessions to companies like that contemplated
+ by this measure. In view of the strong temptation to monopolize the
+ public lands, with the pernicious results, it would seem at least of
+ doubtful expediency to lift corporations above all competition with
+ actual settlers by authorizing them to become purchasers of public lands
+ in the Territories for any purpose, and particularly when clothed with
+ the special benefits of this bill. For myself, I am convinced that the
+ privileges of ordinary preemptors ought not to be extended to
+ incorporated companies.
+</p>
+<p>
+ A third objection may be mentioned, as it exemplifies the spirit in
+ which special privileges are sought by incorporated companies.
+</p>
+<p>
+ Land subject to Indian occupancy has always been scrupulously guarded by
+ law from preemption settlement or encroachment under any pretext until
+ the Indian title should be extinguished. In the fourth section of this
+ act, however, lands held by "Indian title" are excepted from prohibition
+ against the patent to be issued to the New York and Montana Iron Mining
+ and Manufacturing Company.
+</p>
+<p>
+ The bill provides that the patent "shall convey no title to any mineral
+ lands <i>except iron and coal</i>, or to any lands held by right of
+ possession, or by any other title, <i>except Indian title</i>, valid at
+ the time of the selection of the said lands." It will be seen that by
+ the first section lands in "Indian reservations" are excluded from
+ individual preemption right, but by the fourth section the patent may
+ cover any Indian title except a <i>reservation</i>; so that no matter what
+ may be the nature of the Indian title, unless it be in a reservation,
+ it is unprotected from the privilege conceded by this bill.
+</p>
+<p>
+ Without further pursuing the subject, I return the bill to the Senate
+ without my signature, and with the following as prominent objections to
+ its becoming a law:
+</p>
+<p>
+ First. That it gives to the New York and Montana Iron Mining and
+ Manufacturing Company preemption privileges to iron and coal lands on a
+ large scale and at the ordinary minimum&mdash;a privilege denied to ordinary
+ preemptors. It bestows upon the company large tracts of <i>coal</i> lands at
+ one-sixteenth of the minimum price required from ordinary preemptors.
+ It also relieves the company from restrictions imposed upon ordinary
+ preemptors in respect to <i>timber lands</i>; allows double the time for
+ payment granted to preemptors on offered lands; and these privileges are
+ for purposes not heretofore authorized by the preemption laws, but for
+ trade and manufacturing.
+</p>
+<p>
+ Second. Preemption rights on such a scale to private corporations are
+ unequal and hostile to the policy and principles which sanction
+ preemption laws.
+</p>
+<p>
+ Third. The bill allows this company to take possession of land, use it,
+ and acquire a patent thereto before the Indian title is extinguished,
+ and thus violates the good faith of the Government toward the aboriginal
+ tribes.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 16, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ A careful examination of the bill passed by the two Houses of Congress
+ entitled "An act to continue in force and to amend 'An act to establish
+ a bureau for the relief of freedmen and refugees, and for other
+ purposes'" has convinced me that the legislation which it proposes would
+ not be consistent with the welfare of the country, and that it falls
+ clearly within the reasons assigned in my message of the 19th of
+ February last, returning, without my signature, a similar measure which
+ originated in the Senate. It is not my purpose to repeat the objections
+ which I then urged. They are yet fresh in your recollection, and can be
+ readily examined as a part of the records of one branch of the National
+ Legislature. Adhering to the principles set forth in that message, I now
+ reaffirm them and the line of policy therein indicated.
+</p>
+<p>
+ The only ground upon which this kind of legislation can be justified is
+ that of the war-making power. The act of which this bill is intended
+ as amendatory was passed during the existence of the war. By its own
+ provisions it is to terminate within one year from the cessation of
+ hostilities and the declaration of peace. It is therefore yet in
+ existence, and it is likely that it will continue in force as long
+ as the freedmen may require the benefit of its provisions. It will
+ certainly remain in operation as a law until some months subsequent to
+ the meeting of the next session of Congress, when, if experience shall
+ make evident the necessity of additional legislation, the two Houses
+ will have ample time to mature and pass the requisite measures. In the
+ meantime the questions arise, Why should this war measure be continued
+ beyond the period designated in the original act, and why in time of
+ peace should military tribunals be created to continue until each
+ "State shall be fully restored in its constitutional relations to the
+ Government and shall be duly represented in the Congress of the United
+ States"?
+</p>
+<p>
+ It was manifest, with respect to the act approved March 3, 1865, that
+ prudence and wisdom alike required that jurisdiction over all cases
+ concerning the free enjoyment of the immunities and rights of
+ citizenship, as well as the protection of person and property, should
+ be conferred upon some tribunal in every State or district where the
+ ordinary course of judicial proceedings was interrupted by the
+ rebellion, and until the same should be fully restored. At that time,
+ therefore, an urgent necessity existed for the passage of some such
+ law. Now, however, war has substantially ceased; the ordinary course of
+ judicial proceedings is no longer interrupted; the courts, both State
+ and Federal, are in full, complete, and successful operation, and
+ through them every person, regardless of race and color, is entitled to
+ and can be heard. The protection granted to the white citizen is already
+ conferred by law upon the freedman; strong and stringent guards, by way
+ of penalties and punishments, are thrown around his person and property,
+ and it is believed that ample protection will be afforded him by due
+ process of law, without resort to the dangerous expedient of "military
+ tribunals," now that the war has been brought to a close. The necessity
+ no longer existing for such tribunals, which had their origin in the
+ war, grave objections to their continuance must present themselves to
+ the minds of all reflecting and dispassionate men. Independently of the
+ danger, in representative republics, of conferring upon the military,
+ in time of peace, extraordinary powers&mdash;so carefully guarded against
+ by the patriots and statesmen of the earlier days of the Republic,
+ so frequently the ruin of governments founded upon the same free
+ principles, and subversive of the rights and liberties of the
+ citizen&mdash;the question of practical economy earnestly commends itself to
+ the consideration of the lawmaking power. With an immense debt already
+ burdening the incomes of the industrial and laboring classes, a due
+ regard for their interests, so inseparably connected with the welfare of
+ the country, should prompt us to rigid economy and retrenchment, and
+ influence us to abstain from all legislation that would unnecessarily
+ increase the public indebtedness. Tested by this rule of sound political
+ wisdom, I can see no reason for the establishment of the "military
+ jurisdiction" conferred upon the officials of the Bureau by the
+ fourteenth section of the bill.
+</p>
+<p>
+ By the laws of the United States and of the different States competent
+ courts, Federal and State, have been established and are now in full
+ practical operation. By means of these civil tribunals ample redress is
+ afforded for all private wrongs, whether to the person or the property
+ of the citizen, without denial or unnecessary delay. They are open to
+ all, without regard to color or race. I feel well assured that it will
+ be better to trust the rights, privileges, and immunities of the citizen
+ to tribunals thus established, and presided over by competent and
+ impartial judges, bound by fixed rules of law and evidence, and where
+ the right of trial by jury is guaranteed and secured, than to the
+ caprice or judgment of an officer of the Bureau, who it is possible
+ may be entirely ignorant of the principles that underlie the just
+ administration of the law. There is danger, too, that conflict of
+ jurisdiction will frequently arise between the civil courts and these
+ military tribunals, each having concurrent jurisdiction over the person
+ and the cause of action&mdash;the one judicature administered and controlled
+ by civil law, the other by the military. How is the conflict to be
+ settled, and who is to determine between the two tribunals when it
+ arises? In my opinion, it is wise to guard against such conflict by
+ leaving to the courts and juries the protection of all civil rights
+ and the redress of all civil grievances.
+</p>
+<p>
+ The fact can not be denied that since the actual cessation of
+ hostilities many acts of violence, such, perhaps, as had never been
+ witnessed in their previous history, have occurred in the States
+ involved in the recent rebellion. I believe, however, that public
+ sentiment will sustain me in the assertion that such deeds of wrong are
+ not confined to any particular State or section, but are manifested over
+ the entire country, demonstrating that the cause that produced them
+ does not depend upon any particular locality, but is the result of
+ the agitation and derangement incident to a long and bloody civil war.
+ While the prevalence of such disorders must be greatly deplored, their
+ occasional and temporary occurrence would seem to furnish no necessity
+ for the extension of the Bureau beyond the period fixed in the original
+ act.
+</p>
+<p>
+ Besides the objections which I have thus briefly stated, I may urge upon
+ your consideration the additional reason that recent developments in
+ regard to the practical operations of the Bureau in many of the States
+ show that in numerous instances it is used by its agents as a means of
+ promoting their individual advantage, and that the freedmen are employed
+ for the advancement of the personal ends of the officers instead of
+ their own improvement and welfare, thus confirming the fears originally
+ entertained by many that the continuation of such a Bureau for any
+ unnecessary length of time would inevitably result in fraud, corruption,
+ and oppression. It is proper to state that in cases of this character
+ investigations have been promptly ordered, and the offender punished
+ whenever his guilt has been satisfactorily established.
+</p>
+<p>
+ As another reason against the necessity of the legislation contemplated
+ by this measure, reference may be had to the "civil-rights bill," now a
+ law of the land, and which will be faithfully executed so long as it
+ shall remain unrepealed and may not be declared unconstitutional by
+ courts of competent jurisdiction. By that act it is enacted&mdash;
+</p>
+<p class="q">
+ That all persons born in the United States and not subject to any
+ foreign power, excluding Indians not taxed, are hereby declared to
+ be citizens of the United States; and such citizens, of every race
+ and color, without regard to any previous condition of slavery or
+ involuntary servitude, except as a punishment for crime whereof the
+ party shall have been duly convicted, shall have the same right in every
+ State and Territory in the United States to make and enforce contracts;
+ to sue, be parties, and give evidence; to inherit, purchase, lease,
+ sell, hold, and convey real and personal property, and to full and equal
+ benefit of all laws and proceedings for the security of person and
+ property, as is enjoyed by white citizens, and shall be subject to like
+ punishment, pains, and penalties, and to none other, any law, statute,
+ ordinance, regulation, or custom to the contrary notwithstanding.
+</p>
+<p>
+ By the provisions of the act full protection is afforded through the
+ district courts of the United States to all persons injured, and whose
+ privileges, as thus declared, are in any way impaired; and heavy
+ penalties are denounced against the person who willfully violates the
+ law. I need not state that that law did not receive my approval; yet its
+ remedies are far more preferable than those proposed in the present
+ bill&mdash;the one being civil and the other military.
+</p>
+<p>
+ By the sixth section of the bill herewith returned certain proceedings
+ by which the lands in the "parishes of St. Helena and St. Luke, South
+ Carolina," were sold and bid in, and afterwards disposed of by the tax
+ commissioners, are ratified and confirmed. By the seventh, eighth,
+ ninth, tenth, and eleventh sections provisions by law are made for the
+ disposal of the lands thus acquired to a particular class of citizens.
+ While the quieting of titles is deemed very important and desirable, the
+ discrimination made in the bill seems objectionable, as does also the
+ attempt to confer upon the commissioners judicial powers by which
+ citizens of the United States are to be deprived of their property in a
+ mode contrary to that provision of the Constitution which declares that
+ no person shall "be deprived of life, liberty, or property without due
+ process of law." As a general principle, such legislation is unsafe,
+ unwise, partial, and unconstitutional. It may deprive persons of their
+ property who are equally deserving objects of the nation's bounty as
+ those whom by this legislation Congress seeks to benefit. The title to
+ the land thus to be portioned out to a favored class of citizens must
+ depend upon the regularity of the tax sales under the law as it existed
+ at the time of the sale, and no subsequent legislation can give
+ validity to the right thus acquired as against the original claimants.
+ The attention of Congress is therefore invited to a more mature
+ consideration of the measures proposed in these sections of the bill.
+</p>
+<p>
+ In conclusion I again urge upon Congress the danger of class
+ legislation, so well calculated to keep the public mind in a state of
+ uncertain expectation, disquiet, and restlessness and to encourage
+ interested hopes and fears that the National Government will continue to
+ furnish to classes of citizens in the several States means for support
+ and maintenance regardless of whether they pursue a life of indolence or
+ of labor, and regardless also of the constitutional limitations of the
+ national authority in times of peace and tranquillity.
+</p>
+<p>
+ The bill is herewith returned to the House of Representatives, in which
+ it originated, for its final action.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 28, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith return, without my approval, the bill entitled "An act
+ erecting the Territory of Montana into a surveying district, and for
+ other purposes."
+</p>
+<p>
+ The bill contains four sections, the first of which erects the Territory
+ into a surveying district and authorizes the appointment of a
+ surveyor-general; the second constitutes the Territory a land district;
+ the third authorizes the appointment of a register and receiver for said
+ district; and the fourth requires the surveyor-general to&mdash;
+</p>
+<p class="q">
+ select and survey eighteen alternate odd sections of nonmineral timber
+ lands within said district for the New York and Montana Iron Mining and
+ Manufacturing Company, incorporated under the laws of the State of New
+ York, which lands the said company shall have immediate possession of on
+ the payment of <i>$1.25</i> per acre, and shall have a patent for the same
+ whenever, within two years after their selection, they shall have
+ furnished evidence satisfactory to the Secretary of the Interior that
+ they have erected and have in operation on the said lands iron works
+ with a capacity for manufacturing 1,500 tons of iron per annum:
+ <i>Provided</i>, That the said lands shall revert to the United States in
+ case the above-mentioned iron works be not erected within the specified
+ time: <i>And provided</i>, That until the title to the said lands shall have
+ been perfected the timber shall not be cut off from more than one
+ section of the said lands.
+</p>
+<p>
+ To confer the special privileges specified in this fourth section
+ appears to be the chief object of the bill, the provisions of which are
+ subject to some of the most important objections that induced me to
+ return to the Senate with my disapproval the bill entitled "An act to
+ enable the New York and Montana Iron Mining and Manufacturing Company
+ to purchase a certain amount of the public lands not now in market."
+ That bill authorized the same corporation to select and survey in the
+ Territory of Montana, in square form, twenty-one sections of land, three
+ of which might contain coal and iron ore, for which the minimum rate of
+ $1.25 per acre was to be paid. The present bill omits these sections of
+ mineral lands, and directs the surveyor-general to select and survey the
+ timber lands; but it contains the objectionable feature of granting
+ to a private mining and manufacturing corporation exclusive rights and
+ privileges in the public domain which are by law denied to individuals.
+ The first choice of timber land in the Territory is bestowed upon a
+ corporation foreign to the Territory and over which Congress has no
+ control. The surveyor-general of the district, a public officer who
+ should have no connection with any purchase of public land, is made the
+ agent of the corporation to select the land, the selections to be made
+ in the absence of all competition; and over 11,000 acres are bestowed
+ at the lowest price of public lands. It is by no means certain that
+ the substitution of alternate sections for the compact body of lands
+ contemplated by the other bill is any less injurious to the public
+ interest, for alternate sections stripped of timber are not likely
+ to enhance the value of those reserved by the Government. Be this as
+ it may, this bill bestows a large monopoly of public lands without
+ adequate consideration; confers a right and privilege in quantity
+ equivalent to seventy-two preemption rights; introduces a dangerous
+ system of privileges to private trading corporations; and is an unjust
+ discrimination in favor of traders and speculators against individual
+ settlers and pioneers who are seeking homes and improving our Western
+ Territories. Such a departure from the long-established, wise, and just
+ policy which has heretofore governed the disposition of the public funds
+ [lands] can not receive my sanction. The objections enumerated apply to
+ the fourth section of the bill. The first, second, and third sections,
+ providing for the appointment of a surveyor-general, register, and
+ receiver, are unobjectionable if any necessity requires the creation
+ of these offices and the additional expenses of a new surveying land
+ district. But they appear in this instance to be only needed as a part
+ of the machinery to enable the "New York and Montana Iron Mining and
+ Manufacturing Company" to secure these privileges; for I am informed by
+ the proper Department, in a communication hereto annexed, that there is
+ no public necessity for a surveyor-general, register, or receiver in
+ Montana Territory, since it forms part of an existing surveying and land
+ district, wherein the public business is, under present laws, transacted
+ with adequate facility, so that the provisions of the first, second, and
+ third sections would occasion needless expense to the General
+ Government.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ An exequatur, bearing date the 13th day of October, 1864, having been
+ issued to Esteban Rogers, recognizing him as consul <i>ad interim</i> of the
+ Republic of Chile for the port of New York and its dependencies and
+ declaring him free to exercise and enjoy such functions, powers, and
+ privileges as are allowed to consuls by the law of nations or by the
+ laws of the United States and existing treaty stipulations between the
+ Government of Chile and the United States; but as it is deemed advisable
+ that the said Esteban Rogers should no longer be permitted to continue
+ in the exercise of said functions, powers, and privileges:
+</p>
+<p>
+ These are therefore to declare that I no longer recognize the said
+ Esteban Rogers as consul <i>ad interim</i> of the Republic of Chile for
+ the port of New York and its dependencies and will not permit him to
+ exercise or enjoy any of the functions, powers, or privileges allowed to
+ a consular officer of that nation; and that I do hereby wholly revoke
+ and annul the said exequatur heretofore given and do declare the same
+ to be absolutely null and void from this day forward.
+</p>
+<p>
+ In testimony whereof I have caused these letters to be made patent and
+ the seal of the United States of America to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand, at Washington, this 12th day of February, A.D.
+ 1866, and of the Independence of the United States of America the
+ ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ An exequatur, bearing date the 7th day of October, 1864, having been
+ issued to Claudius Edward Habicht, recognizing him as consul of Sweden
+ and Norway at New York and declaring him free to exercise and enjoy such
+ functions, powers, and privileges as are allowed to consuls by the law
+ of nations or by the laws of the United States and existing treaty
+ stipulations between the Government of Sweden and Norway and the United
+ States; but as it is deemed advisable that the said Claudius Edward
+ Habicht should no longer be permitted to continue in the exercise of
+ said functions, powers, and privileges:
+</p>
+<p>
+ These are therefore to declare that I no longer recognize the said
+ Claudius Edward Habicht as consul of Sweden and Norway at New York and
+ will not permit him to exercise or enjoy any of the functions, powers,
+ or privileges allowed to a consular officer of that nation; and that I
+ do hereby wholly revoke and annul the said exequatur heretofore given
+ and do declare the same to be absolutely null and void from this day
+ forward.
+</p>
+<p>
+ In testimony whereof I have caused these letters to be made patent and
+ the seal of the United States of America to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+ and of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ An exequatur, bearing date the 1st day of July, 1865, having been issued
+ to S.M. Svenson, recognizing him as vice-consul of Sweden and Norway at
+ New Orleans and declaring him free to exercise and enjoy such functions,
+ powers, and privileges as are allowed to vice-consuls by the law of
+ nations or by the laws of the United States and existing treaty
+ stipulations between the Government of Sweden and Norway and the United
+ States; but as it is deemed advisable that the said S.M. Svenson should
+ no longer be permitted to continue in the exercise of said functions,
+ powers, and privileges:
+</p>
+<p>
+ These are therefore to declare that I no longer recognize the said S.M.
+ Svenson as vice-consul of Sweden and Norway at New Orleans and will
+ not permit him to exercise or enjoy any of the functions, powers, or
+ privileges allowed to a consular officer of that nation; and that I do
+ hereby wholly revoke and annul the said exequatur heretofore given and
+ do declare the same to be absolutely null and void from this day
+ forward.
+</p>
+<p>
+ In testimony whereof I have caused these letters to be made patent and
+ the seal of the United States of America to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+ and of the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by proclamations of the 15th and 19th of April, 1861, the
+ President of the United States, in virtue of the power vested in him by
+ the Constitution and the laws, declared that the laws of the United
+ States were opposed and the execution thereof obstructed in the States
+ of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+ and Texas by combinations too powerful to be suppressed by the ordinary
+ course of judicial proceedings or by the powers vested in the marshals
+ by law; and
+</p>
+<p>
+ Whereas by another proclamation, made on the 16th day of August, in the
+ same year, in pursuance of an act of Congress approved July 13, 1861,
+ the inhabitants of the States of Georgia, South Carolina, Virginia,
+ North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+ Mississippi, and Florida (except the inhabitants of that part of the
+ State of Virginia lying west of the Alleghany Mountains and of such
+ other parts of that State and the other States before named as might
+ maintain a loyal adhesion to the Union and the Constitution or might be
+ from time to time occupied and controlled by forces of the United States
+ engaged in the dispersion of insurgents) were declared to be in a state
+ of insurrection against the United States; and
+</p>
+<p>
+ Whereas by another proclamation, of the 1st day of July, 1862, issued in
+ pursuance of an act of Congress approved June 7, in the same year, the
+ insurrection was declared to be still existing in the States aforesaid,
+ with the exception of certain specified counties in the State of
+ Virginia; and
+</p>
+<p>
+ Whereas by another proclamation, made on the 2d day of April, 1863, in
+ pursuance of the act of Congress of July 13, 1861, the exceptions named
+ in the proclamation of August 16, 1861, were revoked and the inhabitants
+ of the States of Georgia, South Carolina, North Carolina, Tennessee,
+ Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+ (except the forty-eight counties of Virginia designated as West Virginia
+ and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+ North Carolina) were declared to be still in a state of insurrection
+ against the United States; and
+</p>
+<p>
+ Whereas the House of Representatives, on the 22d day of July, 1861,
+ adopted a resolution in the words following, namely:
+</p>
+<p class="q">
+ <i>Resolved by the House of Representatives of the Congress of the United
+ States</i>, That the present deplorable civil war has been forced upon the
+ country by the disunionists of the Southern States now in revolt against
+ the constitutional Government and in arms around the capital; that in
+ this national emergency Congress, banishing all feelings of mere passion
+ or resentment, will recollect only its duty to the whole country; that
+ this war is not waged upon our part in any spirit of oppression, nor for
+ any purpose of conquest or subjugation, nor purpose of overthrowing or
+ interfering with the rights or established institutions of those States,
+ but to defend and maintain the supremacy of the Constitution and to
+ preserve the Union, with all the dignity, equality, and rights of the
+ several States unimpaired; and that as soon as these objects are
+ accomplished the war ought to cease.
+</p>
+<p>
+ And whereas the Senate of the United States, on the 25th day of July,
+ 1861, adopted a resolution in the words following, to wit:
+</p>
+<p class="q">
+ <i>Resolved</i>, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+</p>
+<p>
+ And whereas these resolutions, though not joint or concurrent in form,
+ are substantially identical, and as such may be regarded as having
+ expressed the sense of Congress upon the subject to which they relate;
+ and
+</p>
+<p>
+ Whereas by my proclamation of the 13th day of June last the insurrection
+ in the State of Tennessee was declared to have been suppressed, the
+ authority of the United States therein to be undisputed, and such United
+ States officers as had been duly commissioned to be in the undisturbed
+ exercise of their official functions; and
+</p>
+<p>
+ Whereas there now exists no organized armed resistance of misguided
+ citizens or others to the authority of the United States in the States
+ of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+ Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can
+ be sustained and enforced therein by the proper civil authority, State
+ or Federal, and the people of said States are well and loyally disposed
+ and have conformed or will conform in their legislation to the condition
+ of affairs growing out of the amendment to the Constitution of the
+ United States prohibiting slavery within the limits and jurisdiction of
+ the United States; and
+</p>
+<p>
+ Whereas, in view of the before-recited premises, it is the manifest
+ determination of the American people that no State of its own will has
+ the right or the power to go out of, or separate itself from, or be
+ separated from, the American Union, and that therefore each State ought
+ to remain and constitute an integral part of the United States; and
+</p>
+<p>
+ Whereas the people of the several before-mentioned States have, in the
+ manner aforesaid, given satisfactory evidence that they acquiesce in
+ this sovereign and important resolution of national unity; and
+</p>
+<p>
+ Whereas it is believed to be a fundamental principle of government that
+ people who have revolted and who have been overcome and subdued must
+ either be dealt with so as to induce them voluntarily to become friends
+ or else they must be held by absolute military power or devastated so as
+ to prevent them from ever again doing harm as enemies, which last-named
+ policy is abhorrent to humanity and to freedom; and
+</p>
+<p>
+ Whereas the Constitution of the United States provides for constituent
+ communities only as States, and not as Territories, dependencies,
+ provinces, or protectorates; and
+</p>
+<p>
+ Whereas such constituent States must necessarily be, and by the
+ Constitution and laws of the United States are, made equals and placed
+ upon a like footing as to political rights, immunities, dignity, and
+ power with the several States with which they are united; and
+</p>
+<p>
+ Whereas the observance of political equality, as a principle of right
+ and justice, is well calculated to encourage the people of the aforesaid
+ States to be and become more and more constant and persevering in their
+ renewed allegiance; and
+</p>
+<p>
+ Whereas standing armies, military occupation, martial law, military
+ tribunals, and the suspension of the privilege of the writ of <i>habeas
+ corpus</i> are in time of peace dangerous to public liberty, incompatible
+ with the individual rights of the citizen, contrary to the genius and
+ spirit of our free institutions, and exhaustive of the national
+ resources, and ought not, therefore, to be sanctioned or allowed except
+ in cases of actual necessity for repelling invasion or suppressing
+ insurrection or rebellion; and
+</p>
+<p>
+ Whereas the policy of the Government of the United States from the
+ beginning of the insurrection to its overthrow and final suppression has
+ been in conformity with the principles herein set forth and enumerated:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States, do
+ hereby proclaim and declare that the insurrection which heretofore
+ existed in the States of Georgia, South Carolina, Virginia, North
+ Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and
+ Florida is at an end and is henceforth to be so regarded.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 2d day of April, A.D. 1866, and of
+ the Independence of the United States of America the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ Whereas the exequatur of Claudius Edward Habicht, recognizing him as
+ consul of Sweden and Norway at New York, and that of S.M. Svenson as
+ vice-consul of Sweden and Norway at New Orleans were formally revoked on
+ the 26th day of March last; and
+</p>
+<p>
+ Whereas representations have been made to me since that date which have
+ effectually relieved those gentlemen from the charges of unlawful and
+ unfriendly conduct heretofore entertained against them:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of
+ the United States of America, do hereby annul the revocation of the
+ exequaturs of the said Claudius Edward Habicht and S.M. Svenson and
+ restore to them the right to exercise the functions and privileges
+ heretofore granted as consular officers of the Government of Sweden
+ and Norway.
+</p>
+<p>
+ In testimony whereof I have hereunto signed my name and caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 30th day of May, A.D. 1866, and of
+ the Independence of the United States the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has become known to me that certain evil-disposed persons
+ have, within the territory and jurisdiction of the United States, begun
+ and set on foot and have provided and prepared, and are still engaged in
+ providing and preparing, means for a military expedition and enterprise,
+ which expedition and enterprise is to be carried on from the territory
+ and jurisdiction of the United States against colonies, districts, and
+ people of British North America, within the dominions of the United
+ Kingdom of Great Britain and Ireland, with which said colonies,
+ districts, and people and Kingdom the United States are at peace; and
+</p>
+<p>
+ Whereas the proceedings aforesaid constitute a high misdemeanor,
+ forbidden by the laws of the United States as well as by the law of
+ nations:
+</p>
+<p>
+ Now, therefore, for the purpose of preventing the carrying on of the
+ unlawful expedition and enterprise aforesaid from the territory and
+ jurisdiction of the United States and to maintain the public peace as
+ well as the national honor and enforce obedience and respect to the laws
+ of the United States, I, Andrew Johnson, President of the United States,
+ do admonish and warn all good citizens of the United States against
+ taking part in or in any wise aiding, countenancing, or abetting said
+ unlawful proceedings; and I do exhort all judges, magistrates, marshals,
+ and officers in the service of the United States to employ all their
+ lawful authority and power to prevent and defeat the aforesaid unlawful
+ proceedings and to arrest and bring to justice all persons who may be
+ engaged therein.
+</p>
+<p>
+ And, pursuant to the act of Congress in such case made and provided,
+ I do furthermore authorize and empower Major-General George G. Meade,
+ commander of the Military Division of the Atlantic, to employ the land
+ and naval forces of the United States and the militia thereof to arrest
+ and prevent the setting on foot and carrying on the expedition and
+ enterprise aforesaid.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 6th day of June, A.D. 1866, and of
+ the Independence of the United States the ninetieth.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas a war is existing in the Republic of Mexico, aggravated by
+ foreign military intervention; and
+</p>
+<p>
+ Whereas the United States, in accordance with their settled habits and
+ policy, are a neutral power in regard to the war which thus afflicts the
+ Republic of Mexico; and
+</p>
+<p>
+ Whereas it has become known that one of the belligerents in the said
+ war, namely, the Prince Maximilian, who asserts himself to be Emperor in
+ Mexico, has issued a decree in regard to the port of Matamoras and other
+ Mexican ports which are in the occupation and possession of another of
+ the said belligerents, namely, the United States of Mexico, which decree
+ is in the following words:
+</p>
+<p class="q">
+ The port of Matamoras and all those of the northern frontier which have
+ withdrawn from their obedience to the Government are closed to foreign
+ and coasting traffic during such time as the empire of the law shall not
+ be therein reinstated.
+</p><p class="q">
+ ART. 2. Merchandise proceeding from the said ports, on arriving at any
+ other where the excise of the Empire is collected, shall pay the duties
+ on importation, introduction, and consumption, and, on satisfactory
+ proof of contravention, shall be irremissibly confiscated. Our minister
+ of the treasury is charged with the punctual execution of this decree.
+</p><p class="q">
+ Given at Mexico, the 9th of July, 1866.
+</p>
+<p>
+ And whereas the decree thus recited, by declaring a belligerent blockade
+ unsupported by competent military or naval force, is in violation of the
+ neutral rights of the United States as defined by the law of nations as
+ well as of the treaties existing between the United States of America
+ and the aforesaid United States of Mexico:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States, do
+ hereby proclaim and declare that the aforesaid decree is held and will
+ be held by the United States to be absolutely null and void as against
+ the Government and citizens of the United States, and that any attempt
+ which shall be made to enforce the same against the Government or the
+ citizens of the United States will be disallowed.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 17th day of August, A.D. 1866, and
+ of the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by proclamations of the 15th and 19th of April, 1861, the
+ President of the United States, in virtue of the power vested in him
+ by the Constitution and the laws, declared that the laws of the United
+ States were opposed and the execution thereof obstructed in the States
+ of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+ and Texas by combinations too powerful to be suppressed by the ordinary
+ course of judicial proceedings, or by the powers vested in the marshals
+ by law; and
+</p>
+<p>
+ Whereas by another proclamation, made on the 16th day of August, in the
+ same year, in pursuance of an act of Congress approved July 13, 1861,
+ the inhabitants of the States of Georgia, South Carolina, Virginia,
+ North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+ Mississippi, and Florida (except the inhabitants of that part of the
+ State of Virginia lying west of the Alleghany Mountains, and except also
+ the inhabitants of such other parts of that State and the other States
+ before named as might maintain a loyal adhesion to the Union and the
+ Constitution or might be from time to time occupied and controlled by
+ forces of the United States engaged in the dispersion of insurgents)
+ were declared to be in a state of insurrection against the United
+ States; and
+</p>
+<p>
+ Whereas by another proclamation, of the 1st day of July, 1862, issued in
+ pursuance of an act of Congress approved June 7, in the same year, the
+ insurrection was declared to be still existing in the States aforesaid,
+ with the exception of certain specified counties in the State of
+ Virginia; and
+</p>
+<p>
+ Whereas by another proclamation, made on the 2d day of April, 1863, in
+ pursuance of the act of Congress of July 13, 1861, the exceptions named
+ in the proclamation of August 16, 1861, were revoked and the inhabitants
+ of the States of Georgia, South Carolina, North Carolina, Tennessee,
+ Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+ (except the forty-eight counties of Virginia designated as West Virginia
+ and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+ North Carolina) were declared to be still in a state of insurrection
+ against the United States; and
+</p>
+<p>
+ Whereas by another proclamation, of the 15th day of September, 1863,
+ made in pursuance of the act of Congress approved March 3, 1863, the
+ rebellion was declared to be still existing and the privilege of the
+ writ of <i>habeas corpus</i> was in certain specified cases suspended
+ throughout the United States, said suspension to continue throughout
+ the duration of the rebellion or until said proclamation should, by
+ a subsequent one to be issued by the President of the United States,
+ be modified or revoked; and
+</p>
+<p>
+ Whereas the House of Representatives, on the 22d day of July, 1861,
+ adopted a resolution in the words following, namely:
+</p>
+<p class="q">
+ <i>Resolved by the House of Representatives of the Congress of the United
+ States</i>, That the present deplorable civil war has been forced upon
+ the country by the dis-unionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feelings of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not waged upon our part in any spirit of
+ oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and to preserve the Union, with all the dignity,
+ equality, and rights of the several States unimpaired; and that as
+ soon as these objects are accomplished the war ought to cease.
+</p>
+<p>
+ And whereas the Senate of the United States, on the 25th day of July,
+ 1861, adopted a resolution in the words following, to wit:
+</p>
+<p class="q">
+ <i>Resolved</i>, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+</p>
+<p>
+ And whereas these resolutions, though not joint or concurrent in form,
+ are substantially identical, and as such have hitherto been and yet are
+ regarded as having expressed the sense of Congress upon the subject to
+ which they relate; and
+</p>
+<p>
+ Whereas the President of the United States, by proclamation of the 13th
+ of June, 1865, declared that the insurrection in the State of Tennessee
+ had been suppressed, and that the authority of the United States therein
+ was undisputed, and that such United States officers as had been duly
+ commissioned were in the undisturbed exercise of their official
+ functions; and
+</p>
+<p>
+ Whereas the President of the United States, by further proclamation,
+ issued on the 2d day of April, 1866, did promulgate and declare that
+ there no longer existed any armed resistance of misguided citizens or
+ others to the authority of the United States in any or in all the States
+ before mentioned, excepting only the State of Texas, and did further
+ promulgate and declare that the laws could be sustained and enforced in
+ the several States before mentioned, except Texas, by the proper civil
+ authorities, State or Federal, and that the people of the said States,
+ except Texas, are well and loyally disposed and have conformed or will
+ conform in their legislation to the condition of affairs growing out of
+ the amendment to the Constitution of the United States prohibiting
+ slavery within the limits and jurisdiction of the United States;
+</p>
+<p>
+ And did further declare in the same proclamation that it is the manifest
+ determination of the American people that no State, of its own will, has
+ a right or power to go out of, or separate itself from, or be separated
+ from, the American Union; and that, therefore, each State ought to
+ remain and constitute an integral part of the United States;
+</p>
+<p>
+ And did further declare in the same last-mentioned proclamation that
+ the several aforementioned States, excepting Texas, had in the manner
+ aforesaid given satisfactory evidence that they acquiesce in this
+ sovereign and important resolution of national unity; and
+</p>
+<p>
+ Whereas the President of the United States in the same proclamation did
+ further declare that it is believed to be a fundamental principle of
+ government that the people who have revolted and who have been overcome
+ and subdued must either be dealt with so as to induce them voluntarily
+ to become friends or else they must be held by absolute military power
+ or devastated so as to prevent them from ever again doing harm as
+ enemies, which last-named policy is abhorrent to humanity and to
+ freedom; and
+</p>
+<p>
+ Whereas the President did in the same proclamation further declare
+ that the Constitution of the United States provides for constituent
+ communities only as States, and not as Territories, dependencies,
+ provinces, or protectorates;
+</p>
+<p>
+ And further, that such constituent States must necessarily be, and by
+ the Constitution and laws of the United States are, made equals and
+ placed upon a like footing as to political rights, immunities, dignity,
+ and power with the several States with which they are united;
+</p>
+<p>
+ And did further declare that the observance of political equality, as
+ a principle of right and justice, is well calculated to encourage the
+ people of the before named States, except Texas, to be and to become
+ more and more constant and persevering in their renewed allegiance; and
+</p>
+<p>
+ Whereas the President did further declare that standing armies,
+ military occupation, martial law, military tribunals, and the suspension
+ of the writ of <i>habeas corpus</i> are in time of peace dangerous to public
+ liberty, incompatible with the individual rights of the citizen,
+ contrary to the genius and spirit of our free institutions, and
+ exhaustive of the national resources, and ought not, therefore, to be
+ sanctioned or allowed except in cases of actual necessity for repelling
+ invasion or suppressing insurrection or rebellion;
+</p>
+<p>
+ And the President did further, in the same proclamation, declare that
+ the policy of the Government of the United States from the beginning
+ of the insurrection to its overthrow and final suppression had been
+ conducted in conformity with the principles in the last-named
+ proclamation recited; and
+</p>
+<p>
+ Whereas the President, in the said proclamation of the 13th of June,
+ 1865, upon the grounds therein stated and hereinbefore recited, did then
+ and thereby proclaim and declare that the insurrection which heretofore
+ existed in the several States before named, except in Texas, was at an
+ end and was henceforth to be so regarded; and
+</p>
+<p>
+ Whereas subsequently to the said 2d day of April, 1866, the insurrection
+ in the State of Texas has been completely and everywhere suppressed and
+ ended and the authority of the United States has been successfully and
+ completely established in the said State of Texas and now remains
+ therein unresisted and undisputed, and such of the proper United States
+ officers as have been duly commissioned within the limits of the said
+ State are now in the undisturbed exercise of their official functions;
+ and
+</p>
+<p>
+ Whereas the laws can now be sustained and enforced in the said State of
+ Texas by the proper civil authority, State or Federal, and the people
+ of the said State of Texas, like the people of the other States before
+ named, are well and loyally disposed and have conformed or will conform
+ in their legislation to the condition of affairs growing out of the
+ amendment of the Constitution of the United States prohibiting slavery
+ within the limits and jurisdiction of the United States; and
+</p>
+<p>
+ Whereas all the reasons and conclusions set forth in regard to the
+ several States therein specially named now apply equally and in all
+ respects to the State of Texas, as well as to the other States which
+ had been involved in insurrection; and
+</p>
+<p>
+ Whereas adequate provision has been made by military orders to enforce
+ the execution of the acts of Congress, aid the civil authorities, and
+ secure obedience to the Constitution and laws of the United States
+ within the State of Texas if a resort to military force for such purpose
+ should at any time become necessary:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States, do
+ hereby proclaim and declare that the insurrection which heretofore
+ existed in the State of Texas is at an end and is to be henceforth so
+ regarded in that State as in the other States before named in which the
+ said insurrection was proclaimed to be at an end by the aforesaid
+ proclamation of the 2d day of April, 1866.
+</p>
+<p>
+ And I do further proclaim that the said insurrection is at an end and
+ that peace, order, tranquillity, and civil authority now exist in and
+ throughout the whole of the United States of America.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 20th day of August, A.D. 1866, and
+ of the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<h3>
+ A PROCLAMATION.
+</h3>
+<p>
+ Almighty God, our Heavenly Father, has been pleased to vouchsafe to us
+ as a people another year of that national life which is an indispensable
+ condition of peace, security, and progress. That year has, moreover,
+ been crowned with many peculiar blessings.
+</p>
+<p>
+ The civil war that so recently closed among us has not been anywhere
+ reopened; foreign intervention has ceased to excite alarm or
+ apprehension; intrusive pestilence has been benignly mitigated; domestic
+ tranquillity has improved, sentiments of conciliation have largely
+ prevailed, and affections of loyalty and patriotism have been widely
+ renewed; our fields have yielded quite abundantly, our mining industry
+ has been richly rewarded, and we have been allowed to extend our
+ railroad system far into the interior recesses of the country, while
+ our commerce has resumed its customary activity in foreign seas.
+</p>
+<p>
+ These great national blessings demand a national acknowledgment.
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson. President of the United States, do
+ hereby recommend that Thursday, the 29th day of November next, be set
+ apart and be observed everywhere in the several States and Territories
+ of the United States by the people thereof as a day of thanksgiving and
+ praise to Almighty God, with due remembrance that "in His temple doth
+ every man speak of His honor." I recommend also that on the same solemn
+ occasion they do humbly and devoutly implore Him to grant to our
+ national councils and to our whole people that divine wisdom which
+ alone can lead any nation into the ways of all good.
+</p>
+<p>
+ In offering these national thanksgivings, praises, and supplications we
+ have the divine assurance that "the Lord remaineth a king forever; them
+ that are meek shall He guide in judgment and such as are gentle shall He
+ learn His way; the Lord shall give strength to His people, and the Lord
+ shall give to His people the blessing of peace."
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 8th day of October, A.D. 1866, and
+ of the Independence of the United States the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<center>
+ [From the Daily National Intelligencer, April 9, 1866.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>April 7, 1866</i>.
+</p>
+<p>
+ It is eminently right and proper that the Government of the United
+ States should give earnest and substantial evidence of its just
+ appreciation of the services of the patriotic men who when the life of
+ the nation was imperiled entered the Army and Navy to preserve the
+ integrity of the Union, defend the Government, and maintain and
+ perpetuate unimpaired its free institutions.
+</p>
+<p>
+ <i>It is therefore directed</i>&mdash;
+</p>
+<p>
+ First. That in appointments to office in the several Executive
+ Departments of the General Government and the various branches of
+ the public service connected with said Departments preference shall
+ be given to such meritorious and honorably discharged soldiers and
+ sailors&mdash;particularly those who have been disabled by wounds received
+ or diseases contracted in the line of duty&mdash;as may possess the proper
+ qualifications.
+</p>
+<p>
+ Second. That in all promotions in said Departments and the several
+ branches of the public service connected therewith such persons shall
+ have preference, when equally eligible and qualified, over those who
+ have not faithfully and honorably served in the land or naval forces
+ of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ DEPARTMENT OF STATE,<br>
+ <i>Washington, April 13, 1866</i>.
+</p>
+<p>
+ On the 14th of April, 1865, great affliction was brought upon the
+ American people by the assassination of the lamented Abraham Lincoln,
+ then President of the United States. The undersigned is therefore
+ directed by the President to announce that in commemoration of that
+ event the public offices will be closed to-morrow, the 14th instant.
+</p>
+<p class="r">
+ WILLIAM H. SEWARD.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 26.
+</center>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE.<br>
+ <i>Washington, May 1, 1866</i>.
+</p>
+<center>
+ ORDER IN RELATION TO TRIALS BY MILITARY COURTS AND COMMISSIONS.
+</center>
+<p>
+ Whereas some military commanders are embarrassed by doubts as to the
+ operation of the proclamation of the President dated the 2d day of
+ April, 1866, upon trials by military courts-martial and military
+ officers; to remove such doubts&mdash;
+</p>
+<p>
+ <i>It is ordered by the President</i>, That hereafter, whenever offenses
+ committed by civilians are to be tried where civil tribunals are in
+ existence which can try them, their cases are not authorized to be, and
+ will not be, brought before military courts-martial or commissions, but
+ will be committed to the proper civil authorities. This order is not
+ applicable to camp followers, as provided for under the sixtieth article
+ of war, or to contractors and others specified in section 16, act of
+ July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and
+ offenses cognizable by the Rules and Articles of War and by the acts of
+ Congress above cited will continue to be tried and punished by military
+ tribunals as prescribed by the Rules and Articles of War and acts of
+ Congress hereinafter cited, to wit:
+</p>
+<p>
+ [Sixtieth of the Rules and Articles of War.]
+</p><p class="q">
+ 60. All sutlers and retainers to the camp, and all persons whatsoever
+ serving with the armies of the United States in the field, though not
+ enlisted soldiers, are to be subject to orders, according to the rules
+ and discipline of war.
+</p>
+<p>
+ [Extract from "An act to define the pay and emoluments of certain
+ officers of the Army, and for other purposes," approved July 17, 1862.]
+</p><p class="q">
+ SEC. 16. <i>And be it further enacted</i>, That whenever any contractor for
+ subsistence, clothing, arms, ammunition, munitions of war, and for every
+ description of supplies for the Army or Navy of the United States, shall
+ be found guilty by a court-martial of fraud or willful neglect of duty,
+ he shall be punished by fine, imprisonment, or such other punishment as
+ the court-martial shall adjudge; and any person who shall contract to
+ furnish supplies of any kind or description for the Army or Navy, <i>he</i>
+ shall be deemed and taken as a part of the land or naval forces of the
+ United States for which he shall contract to furnish said supplies, and
+ be subject to the rules and regulations for the government of the land
+ and naval forces of the United States.
+</p>
+<p>
+ [Extract from "An act to prevent and punish frauds upon the Government
+ of the United States," approved March 2, 1863.]
+</p><p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled</i>, That any person in the land or
+ naval forces of the United States, or in the militia in actual service
+ of the United States in time of war, who shall make or cause to be made,
+ or present or cause to be presented for payment or approval to or by any
+ person or officer in the civil or military service of the United States,
+ any claim upon or against the Government of the United States, or
+ any department or officer thereof, knowing such claim to be false,
+ fictitious, or fraudulent; any person in such forces or service who
+ shall, for the purpose of obtaining or aiding in obtaining the approval
+ or payment of such claim, make, use, or cause to be made or used, any
+ false bill, receipt, voucher, entry, roll, account, claim, statement,
+ certificate, affidavit, or deposition, knowing the same to contain any
+ false or fraudulent statement or entry; any person in said forces or
+ service who shall make or procure to be made, or knowingly advise the
+ making of, any false oath to any fact, statement, or certificate,
+ voucher or entry, for the purpose of obtaining or of aiding to obtain
+ any approval or payment of any claim against the United States, or any
+ department or officer thereof; any person in said forces or service who,
+ for the purpose of obtaining or enabling any other person to obtain
+ from the Government of the United States, or any department or officer
+ thereof, any payment or allowance, or the approval or signature of any
+ person in the military, naval, or civil service of the United States
+ of or to any false, fraudulent, or fictitious claim, shall forge or
+ counterfeit, or cause or procure to be forged or counterfeited, any
+ signature upon any bill, receipt, voucher, account, claim, roll,
+ statement, affidavit, or deposition; and any person in said forces or
+ service who shall utter or use the same as true or genuine, knowing the
+ same to have been forged or counterfeited; any person in said forces or
+ service who shall enter into any agreement, combination, or conspiracy
+ to cheat or defraud the Government of the United States, or any
+ department or officer thereof, by obtaining or aiding and assisting to
+ obtain the payment or allowance of any false or fraudulent claim; any
+ person in said forces or service who shall steal, embezzle, or knowingly
+ and willfully misappropriate or apply to his own use or benefit, or who
+ shall wrongfully and knowingly sell, convey, or dispose of any ordnance,
+ arms, ammunition, clothing, subsistence stores, money, or other property
+ of the United States, furnished or to be used for the military or naval
+ service of the United States; any contractor, agent, paymaster,
+ quartermaster, or other person whatsoever in said forces or service
+ having charge, possession, custody, or control of any money or other
+ public property used or to be used in the military or naval service of
+ the United States, who shall, with intent to defraud the United States,
+ or willfully to conceal such money or other property, deliver or cause
+ to be delivered to any other person having authority to receive the same
+ any amount of such money or other public property less than that for
+ which he shall receive a certificate or receipt; any person in said
+ forces or service who is or shall be authorized to make or deliver any
+ certificate, voucher, or receipt, or other paper certifying the receipt
+ of arms, ammunition, provisions, clothing, or other public property so
+ used or to be used, who shall make or deliver the same to any person
+ without having full knowledge of the truth of the facts stated therein,
+ and with intent to cheat, defraud, or injure the United States; any
+ person in said forces or service who shall knowingly purchase or
+ receive, in pledge for any obligation or indebtedness, from any soldier,
+ officer, or other person called into or employed in said forces or
+ service, any arms, equipments, ammunition, clothes, or military stores,
+ or other public property, such soldier, officer, or other person not
+ having the lawful right to pledge or sell the same, shall be deemed
+ guilty of a criminal offense, and shall be subject to the rules and
+ regulations made for the government of the military and naval forces of
+ the United States, and of the militia when called into and employed in
+ the actual service of the United States in time of war, and to the
+ provisions of this act. And every person so offending may be arrested
+ and held for trial by a court-martial, and if found guilty shall be
+ punished by fine and imprisonment, or such other punishment as the
+ court-martial may adjudge, save the punishment of death.
+</p><p class="q">
+ SEC. 2. <i>And be it further enacted</i>, That any person heretofore called
+ or hereafter to be called into or employed in such forces or service who
+ shall commit any violation of this act, and shall afterwards receive his
+ discharge or be dismissed from the service, shall, notwithstanding such
+ discharge or dismissal, continue to be liable to be arrested and held
+ for trial and sentence by a court-martial in the same manner and to the
+ same extent as if he had not received such discharge or been dismissed.
+</p>
+<hr>
+<p>
+ By order of the Secretary of War:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>May 29, 1866</i>.
+</p>
+<p>
+ The President with profound sorrow announces to the people of the United
+ States the death of Winfield Scott, the late Lieutenant-General of the
+ Army. On the day which may be appointed for his funeral the several
+ Executive Departments of the Government will be closed.
+</p>
+<p>
+ The heads of the War and Navy Departments will respectively give orders
+ for paying appropriate honors to the memory of the deceased.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [From the Daily National Intelligencer, June 6, 1866.]
+</center>
+<p class="r">
+ ATTORNEY-GENERAL'S OFFICE,<br>
+ <i>Washington, D.C., June 5, 1866</i>.
+</p>
+<p>
+ By direction of the President, you<a href="#note-7"><small>7</small></a> are hereby instructed to cause
+ the arrest of all prominent, leading, or conspicuous persons called
+ "Fenians" who you may have probable cause to believe have been or may
+ be guilty of violations of the neutrality laws of the United States.
+</p>
+<p class="r">
+ JAMES SPEED,
+<br>
+ <i>Attorney-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ DEPARTMENT OF STATE,<br>
+ <i>Washington, June 18, 1866</i>.
+</p>
+<p>
+ The President directs the undersigned to perform the painful duty
+ of announcing to the people of the United States that Lewis Cass,
+ distinguished not more by faithful service in varied public trusts than
+ by exalted patriotism at a recent period of political disorder, departed
+ this life at 4 o'clock yesterday morning. The several Executive
+ Departments of the Government will cause appropriate honors to be
+ rendered to the memory of the deceased at home and abroad wherever the
+ national name and authority are acknowledged.
+</p>
+<p class="r">
+ WILLIAM H. SEWARD.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., October 26, 1866</i>.
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>
+ SIR: Recent advices indicate an early evacuation of Mexico by the French
+ expeditionary forces and that the time has arrived when our minister to
+ Mexico should place himself in communication with that Republic.
+</p>
+<p>
+ In furtherance of the objects of his mission and as evidence of the
+ earnest desire felt by the United States for the proper adjustment of
+ the questions involved, I deem it of great importance that General Grant
+ should by his presence and advice cooperate with our minister.
+</p>
+<p>
+ I have therefore to ask that you will request General Grant to proceed
+ to some point on our Mexican frontier most suitable and convenient for
+ communication with our minister, or (if General Grant deems it best) to
+ accompany him to his destination in Mexico, and to give him the aid of
+ his advice in carrying out the instructions of the Secretary of State,
+ a copy of which is herewith sent for the General's information.
+</p>
+<p>
+ General Grant will make report to the Secretary of War of such matters
+ as, in his discretion, ought to be communicated to the Department.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., October 30, 1866</i>.
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>
+ SIR: General Ulysses S. Grant having found it inconvenient to assume
+ the duties specified in my letter to you of the 26th instant, you will
+ please relieve him from the same and assign them in all respects to
+ William T. Sherman, Lieutenant-General of the Army of the United States.
+ By way of guiding General Sherman in the performance of his duties, you
+ will furnish him with a copy of your special orders to General Grant,
+ made in compliance with my letter of the 26th instant, together with a
+ copy of the instructions of the Secretary of State to Lewis D. Campbell,
+ esq., therein mentioned. The Lieutenant-General will proceed to the
+ execution of his duties without delay.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., November 1, 1866</i>.
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>
+ SIR: In the report of General Grant of the 27th ultimo, inclosed in your
+ communication of that date, reference is made to the force at present
+ stationed in the Military Department of Washington (which embraces the
+ District of Columbia, the counties of Alexander and Fairfax, Va., and
+ the States of Maryland and Delaware), and it is stated that the entire
+ number of troops comprised in the command is 2,224, of which only 1,550
+ are enumerated as "effective." In view of the prevalence in various
+ portions of the country of a revolutionary and turbulent disposition,
+ which might at any moment assume insurrectionary proportions and lead to
+ serious disorders, and of the duty of the Government to be at all times
+ prepared to act with decision and effect, this force is not deemed
+ adequate for the protection and security of the seat of Government.
+</p>
+<p>
+ I therefore request that you will at once take such measures as will
+ insure its safety, and thus discourage any attempt for its possession
+ by insurgent or other illegal combinations.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., November 2, 1866</i>.
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>
+ SIR: There is ground to apprehend danger of an insurrection in Baltimore
+ against the constituted authorities of the State of Maryland on or about
+ the day of the election soon to be held in that city, and that in such
+ contingency the aid of the United States might be invoked under the acts
+ of Congress which pertain to that subject. While I am averse to any
+ military demonstration that would have a tendency to interfere with the
+ free exercise of the elective franchise in Baltimore or be construed
+ into any interference in local questions, I feel great solicitude that
+ should an insurrection take place the Government should be prepared to
+ meet and promptly put it down. I accordingly desire you to call General
+ Grant's attention to the subject, leaving to his own discretion and
+ judgment the measures of preparation and precaution that should be
+ adopted.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SECOND ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 3, 1866</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ After a brief interval the Congress of the United States resumes its
+ annual legislative labors. An all-wise and merciful Providence has
+ abated the pestilence which visited our shores, leaving its calamitous
+ traces upon some portions of our country. Peace, order, tranquillity,
+ and civil authority have been formally declared to exist throughout the
+ whole of the United States. In all of the States civil authority has
+ superseded the coercion of arms, and the people, by their voluntary
+ action, are maintaining their governments in full activity and complete
+ operation. The enforcement of the laws is no longer "obstructed in any
+ State by combinations too powerful to be suppressed by the ordinary
+ course of judicial proceedings," and the animosities engendered by the
+ war are rapidly yielding to the beneficent influences of our free
+ institutions and to the kindly effects of unrestricted social and
+ commercial intercourse. An entire restoration of fraternal feeling
+ must be the earnest wish of every patriotic heart; and we will have
+ accomplished our grandest national achievement when, forgetting the sad
+ events of the past and remembering only their instructive lessons, we
+ resume our onward career as a free, prosperous, and united people.
+</p>
+<p>
+ In my message of the 4th of December, 1865, Congress was informed of the
+ measures which had been instituted by the Executive with a view to the
+ gradual restoration of the States in which the insurrection occurred to
+ their relations with the General Government. Provisional governors had
+ been appointed, conventions called, governors elected, legislatures
+ assembled, and Senators and Representatives chosen to the Congress
+ of the United States. Courts had been opened for the enforcement of
+ laws long in abeyance. The blockade had been removed, custom-houses
+ reestablished, and the internal-revenue laws put in force, in order that
+ the people might contribute to the national income. Postal operations
+ had been renewed, and efforts were being made to restore them to their
+ former condition of efficiency. The States themselves had been asked to
+ take part in the high function of amending the Constitution, and of thus
+ sanctioning the extinction of African slavery as one of the legitimate
+ results of our internecine struggle.
+</p>
+<p>
+ Having progressed thus far, the executive department found that it had
+ accomplished nearly all that was within the scope of its constitutional
+ authority. One thing, however, yet remained to be done before the work
+ of restoration could be completed, and that was the admission to
+ Congress of loyal Senators and Representatives from the States whose
+ people had rebelled against the lawful authority of the General
+ Government. This question devolved upon the respective Houses, which
+ by the Constitution are made the judges of the elections, returns, and
+ qualifications of their own members, and its consideration at once
+ engaged the attention of Congress.
+</p>
+<p>
+ In the meantime the executive department&mdash;no other plan having been
+ proposed by Congress&mdash;continued its efforts to perfect, as far as was
+ practicable, the restoration of the proper relations between the
+ citizens of the respective States, the States, and the Federal
+ Government, extending from time to time, as the public interests seemed
+ to require, the judicial, revenue, and postal systems of the country.
+ With the advice and consent of the Senate, the necessary officers were
+ appointed and appropriations made by Congress for the payment of their
+ salaries. The proposition to amend the Federal Constitution, so as to
+ prevent the existence of slavery within the United States or any place
+ subject to their jurisdiction, was ratified by the requisite number
+ of States, and on the 18th day of December, 1865, it was officially
+ declared to have become valid as a part of the Constitution of the
+ United States. All of the States in which the insurrection had existed
+ promptly amended their constitutions so as to make them conform to the
+ great change thus effected in the organic law of the land; declared null
+ and void all ordinances and laws of secession; repudiated all pretended
+ debts and obligations created for the revolutionary purposes of the
+ insurrection, and proceeded in good faith to the enactment of measures
+ for the protection and amelioration of the condition of the colored
+ race. Congress, however, yet hesitated to admit any of these States to
+ representation, and it was not until toward the close of the eighth
+ month of the session that an exception was made in favor of Tennessee
+ by the admission of her Senators and Representatives.
+</p>
+<p>
+ I deem it a subject of profound regret that Congress has thus far
+ failed to admit to seats loyal Senators and Representatives from the
+ other States whose inhabitants, with those of Tennessee, had engaged
+ in the rebellion. Ten States&mdash;more than one-fourth of the whole
+ number&mdash;remain without representation; the seats of fifty members in the
+ House of Representatives and of twenty members in the Senate are yet
+ vacant, not by their own consent, not by a failure of election, but by
+ the refusal of Congress to accept their credentials. Their admission,
+ it is believed, would have accomplished much toward the renewal and
+ strengthening of our relations as one people and removed serious cause
+ for discontent on the part of the inhabitants of those States. It would
+ have accorded with the great principle enunciated in the Declaration
+ of American Independence that no people ought to bear the burden of
+ taxation and yet be denied the right of representation. It would have
+ been in consonance with the express provisions of the Constitution that
+ "each State shall have at least one Representative" and "that no State,
+ without its consent, shall be deprived of its equal suffrage in the
+ Senate." These provisions were intended to secure to every State and
+ to the people of every State the right of representation in each House
+ of Congress; and so important was it deemed by the framers of the
+ Constitution that the equality of the States in the Senate should be
+ preserved that not even by an amendment of the Constitution can any
+ State, without its consent, be denied a voice in that branch of the
+ National Legislature.
+</p>
+<p>
+ It is true it has been assumed that the existence of the States was
+ terminated by the rebellious acts of their inhabitants, and that, the
+ insurrection having been suppressed, they were thenceforward to be
+ considered merely as conquered territories. The legislative, executive,
+ and judicial departments of the Government have, however, with great
+ distinctness and uniform consistency, refused to sanction an assumption
+ so incompatible with the nature of our republican system and with the
+ professed objects of the war. Throughout the recent legislation of
+ Congress the undeniable fact makes itself apparent that these ten
+ political communities are nothing less than States of this Union. At the
+ very commencement of the rebellion each House declared, with a unanimity
+ as remarkable as it was significant, that the war was not "waged upon
+ our part in any spirit of oppression, nor for any purpose of conquest or
+ subjugation, nor purpose of overthrowing or interfering with the rights
+ or established institutions of those States, but to defend and maintain
+ the supremacy of the Constitution and all laws made in pursuance
+ thereof, and to preserve the Union, with all the dignity, equality,
+ and rights of the several States unimpaired; and that as soon as these
+ objects" were "accomplished the war ought to cease." In some instances
+ Senators were permitted to continue their legislative functions, while
+ in other instances Representatives were elected and admitted to seats
+ after their States had formally declared their right to withdraw from
+ the Union and were endeavoring to maintain that right by force of arms.
+ All of the States whose people were in insurrection, as States, were
+ included in the apportionment of the direct tax of $20,000,000 annually
+ laid upon the United States by the act approved 5th August, 1861.
+ Congress, by the act of March 4, 1862, and by the apportionment of
+ representation thereunder also recognized their presence as States in
+ the Union; and they have, for judicial purposes, been divided into
+ districts, as States alone can be divided. The same recognition appears
+ in the recent legislation in reference to Tennessee, which evidently
+ rests upon the fact that the functions of the State were not destroyed
+ by the rebellion, but merely suspended; and that principle is of course
+ applicable to those States which, like Tennessee, attempted to renounce
+ their places in the Union.
+</p>
+<p>
+ The action of the executive department of the Government upon this
+ subject has been equally definite and uniform, and the purpose of the
+ war was specifically stated in the proclamation issued by my predecessor
+ on the 22d day of September, 1862. It was then solemnly proclaimed and
+ declared "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."
+</p>
+<p>
+ The recognition of the States by the judicial department of the
+ Government has also been clear and conclusive in all proceedings
+ affecting them as States had in the Supreme, circuit, and district
+ courts.
+</p>
+<p>
+ In the admission of Senators and Representatives from any and all of the
+ States there can be no just ground of apprehension that persons who are
+ disloyal will be clothed with the powers of legislation, for this could
+ not happen when the Constitution and the laws are enforced by a vigilant
+ and faithful Congress. Each House is made the "judge of the elections,
+ returns, and qualifications of its own members," and may, "with the
+ concurrence of two-thirds, expel a member." When a Senator or
+ Representative presents his certificate of election, he may at once
+ be admitted or rejected; or, should there be any question as to his
+ eligibility, his credentials may be referred for investigation to the
+ appropriate committee. If admitted to a seat, it must be upon evidence
+ satisfactory to the House of which he thus becomes a member that
+ he possesses the requisite constitutional and legal qualifications.
+ If refused admission as a member for want of due allegiance to the
+ Government and returned to his constituents, they are admonished that
+ none but persons loyal to the United States will be allowed a voice
+ in the legislative councils of the nation, and the political power
+ and moral influence of Congress are thus effectively exerted in the
+ interests of loyalty to the Government and fidelity to the Union. Upon
+ this question, so vitally affecting the restoration of the Union and the
+ permanency of our present form of government, my convictions, heretofore
+ expressed, have undergone no change, but, on the contrary, their
+ correctness has been confirmed by reflection and time. If the admission
+ of loyal members to seats in the respective Houses of Congress was wise
+ and expedient a year ago, it is no less wise and expedient now. If this
+ anomalous condition is right now&mdash;if in the exact condition of these
+ States at the present time it is lawful to exclude them from
+ representation&mdash;I do not see that the question will be changed by the
+ efflux of time. Ten years hence, if these States remain as they are, the
+ right of representation will be no stronger, the right of exclusion will
+ be no weaker.
+</p>
+<p>
+ The Constitution of the United States makes it the duty of the President
+ to recommend to the consideration of Congress "such measures as he shall
+ judge necessary and expedient." I know of no measure more imperatively
+ demanded by every consideration of national interest, sound policy,
+ and equal justice than the admission of loyal members from the now
+ unrepresented States. This would consummate the work of restoration
+ and exert a most salutary influence in the reestablishment of peace,
+ harmony, and fraternal feeling. It would tend greatly to renew the
+ confidence of the American people in the vigor and stability of their
+ institutions. It would bind us more closely together as a nation and
+ enable us to show to the world the inherent and recuperative power of a
+ government founded upon the will of the people and established upon the
+ principles of liberty, justice, and intelligence. Our increased strength
+ and enhanced prosperity would irrefragably demonstrate the fallacy of
+ the arguments against free institutions drawn from our recent national
+ disorders by the enemies of republican government. The admission of
+ loyal members from the States now excluded from Congress, by allaying
+ doubt and apprehension, would turn capital now awaiting an opportunity
+ for investment into the channels of trade and industry. It would
+ alleviate the present troubled condition of those States, and by
+ inducing emigration aid in the settlement of fertile regions now
+ uncultivated and lead to an increased production of those staples which
+ have added so greatly to the wealth of the nation and commerce of the
+ world. New fields of enterprise would be opened to our progressive
+ people, and soon the devastations of war would be repaired and all
+ traces of our domestic differences effaced from the minds of our
+ countrymen.
+</p>
+<p>
+ In our efforts to preserve "the unity of government which constitutes
+ us one people" by restoring the States to the condition which they held
+ prior to the rebellion, we should be cautious, lest, having rescued
+ our nation from perils of threatened disintegration, we resort to
+ consolidation, and in the end absolute despotism, as a remedy for the
+ recurrence of similar troubles. The war having terminated, and with it
+ all occasion for the exercise of powers of doubtful constitutionality,
+ we should hasten to bring legislation within the boundaries prescribed
+ by the Constitution and to return to the ancient landmarks established
+ by our fathers for the guidance of succeeding generations.
+</p>
+<p class="q">
+ The constitution which at any time exists till changed by an explicit
+ and authentic act of the whole people is sacredly obligatory upon all.
+ * * * If in the opinion of the people the distribution or modification
+ of the constitutional powers be in any particular wrong, let it be
+ corrected by an amendment in the way which the Constitution designates;
+ but let there be no change by usurpation, for * * * it is the customary
+ weapon by which free governments are destroyed.
+</p>
+<p>
+ Washington spoke these words to his countrymen when, followed by their
+ love and gratitude, he voluntarily retired from the cares of public
+ life. "To keep in all things within the pale of our constitutional
+ powers and cherish the Federal Union as the only rock of safety" were
+ prescribed by Jefferson as rules of action to endear to his "countrymen
+ the true principles of their Constitution and promote a union of
+ sentiment and action, equally auspicious to their happiness and safety."
+ Jackson held that the action of the General Government should always be
+ strictly confined to the sphere of its appropriate duties, and justly
+ and forcibly urged that our Government is not to be maintained nor our
+ Union preserved "by invasions of the rights and powers of the several
+ States. In thus attempting to make our General Government strong we make
+ it weak. Its true strength consists in leaving individuals and States as
+ much as possible to themselves; in making itself felt, not in its power,
+ but in its beneficence; not in its control, but in its protection; not
+ in binding the States more closely to the center, but leaving each to
+ move unobstructed in its proper constitutional orbit." These are the
+ teachings of men whose deeds and services have made them illustrious,
+ and who, long since withdrawn from the scenes of life, have left to
+ their country the rich legacy of their example, their wisdom, and their
+ patriotism. Drawing fresh inspiration from their lessons, let us emulate
+ them in love of country and respect for the Constitution and the laws.
+</p>
+<p>
+ The report of the Secretary of the Treasury affords much information
+ respecting the revenue and commerce of the country. His views upon
+ the currency and with reference to a proper adjustment of our revenue
+ system, internal as well as impost, are commended to the careful
+ consideration of Congress. In my last annual message I expressed my
+ general views upon these subjects. I need now only call attention to the
+ necessity of carrying into every department of the Government a system
+ of rigid accountability, thorough retrenchment, and wise economy.
+ With no exceptional nor unusual expenditures, the oppressive burdens of
+ taxation can be lessened by such a modification of our revenue laws as
+ will be consistent with the public faith and the legitimate and
+ necessary wants of the Government.
+</p>
+<p>
+ The report presents a much more satisfactory condition of our finances
+ than one year ago the most sanguine could have anticipated. During the
+ fiscal year ending the 30th June, 1865 (the last year of the war), the
+ public debt was increased $941,902,537, and on the 31st of October,
+ 1865, it amounted to $2,740,854,750. On the 31st day of October, 1866,
+ it had been reduced to $2,551,310,006, the diminution during a period of
+ fourteen months, commencing September 1, 1865, and ending October 31,
+ 1866, having been $206,379,565. In the last annual report on the state
+ of the finances it was estimated that during the three quarters of the
+ fiscal year ending the 30th of June last the debt would be increased
+ $112,194,947. During that period, however, it was reduced $31,196,387,
+ the receipts of the year having been $89,905,905 more and the
+ expenditures $200,529,235 less than the estimates. Nothing could more
+ clearly indicate than these statements the extent and availability of
+ the national resources and the rapidity and safety with which, under
+ our form of government, great military and naval establishments can be
+ disbanded and expenses reduced from a war to a peace footing.
+</p>
+<p>
+ During the fiscal year ending June 30, 1866, the receipts were
+ $558,032,620 and the expenditures $520,750,940, leaving an available
+ surplus of $37,281,680. It is estimated that the receipts for the fiscal
+ year ending the 30th June, 1867, will be $475,061,386, and that the
+ expenditures will reach the sum of $316,428,078, leaving in the Treasury
+ a surplus of $158,633,308. For the fiscal year ending June 30, 1886, it
+ is estimated that the receipts will amount to $436,000,000 and that the
+ expenditures will be $350,247,641, showing an excess of $85,752,359 in
+ favor of the Government. These estimated receipts may be diminished
+ by a reduction of excise and import duties, but after all necessary
+ reductions shall have been made the revenue of the present and of
+ following years will doubtless be sufficient to cover all legitimate
+ charges upon the Treasury and leave a large annual surplus to be applied
+ to the payment of the principal of the debt. There seems now to be no
+ good reason why taxes may not be reduced as the country advances in
+ population and wealth, and yet the debt be extinguished within the
+ next quarter of a century.
+</p>
+<p>
+ The report of the Secretary of War furnishes valuable and important
+ information in reference to the operations of his Department during the
+ past year. Few volunteers now remain in the service, and they are being
+ discharged as rapidly as they can be replaced by regular troops. The
+ Army has been promptly paid, carefully provided with medical treatment,
+ well sheltered and subsisted, and is to be furnished with breech-loading
+ small arms. The military strength of the nation has been unimpaired
+ by the discharge of volunteers, the disposition of unserviceable or
+ perishable stores, and the retrenchment of expenditure. Sufficient war
+ material to meet any emergency has been retained, and from the disbanded
+ volunteers standing ready to respond to the national call large armies
+ can be rapidly organized, equipped, and concentrated. Fortifications on
+ the coast and frontier have received or are being prepared for more
+ powerful armaments; lake surveys and harbor and river improvements are
+ in course of energetic prosecution. Preparations have been made for the
+ payment of the additional bounties authorized during the recent session
+ of Congress, under such regulations as will protect the Government from
+ fraud and secure to the honorably discharged soldier the well-earned
+ reward of his faithfulness and gallantry. More than 6,000 maimed
+ soldiers have received artificial limbs or other surgical apparatus,
+ and 41 national cemeteries, containing the remains of 104,526 Union
+ soldiers, have already been established. The total estimate of military
+ appropriations is $25,205,669.
+</p>
+<p>
+ It is stated in the report of the Secretary of the Navy that the naval
+ force at this time consists of 278 vessels, armed with 2,351 guns. Of
+ these, 115 vessels, carrying 1,029 guns, are in commission, distributed
+ chiefly among seven squadrons. The number of men in the service is
+ 13,600. Great activity and vigilance have been displayed by all the
+ squadrons, and their movements have been judiciously and efficiently
+ arranged in such manner as would best promote American commerce and
+ protect the rights and interests of our countrymen abroad. The vessels
+ unemployed are undergoing repairs or are laid up until their services
+ may be required. Most of the ironclad fleet is at League Island, in the
+ vicinity of Philadelphia, a place which, until decisive action should be
+ taken by Congress, was selected by the Secretary of the Navy as the most
+ eligible location for that class of vessels. It is important that a
+ suitable public station should be provided for the ironclad fleet.
+ It is intended that these vessels shall be in proper condition for any
+ emergency, and it is desirable that the bill accepting League Island for
+ naval purposes, which passed the House of Representatives at its last
+ session, should receive final action at an early period, in order that
+ there may be a suitable public station for this class of vessels, as
+ well as a navy-yard of area sufficient for the wants of the service
+ on the Delaware River. The naval pension fund amounts to $11,750,000,
+ having been increased $2,750,000 during the year. The expenditures
+ of the Department for the fiscal year ending 30th June last were
+ $43,324,526, and the estimates for the coming year amount to
+ $23,568,436. Attention is invited to the condition of our seamen and the
+ importance of legislative measures for their relief and improvement. The
+ suggestions in behalf of this deserving class of our fellow-citizens are
+ earnestly recommended to the favorable attention of Congress.
+</p>
+<p>
+ The report of the Postmaster-General presents a most satisfactory
+ condition of the postal service and submits recommendations which
+ deserve the consideration of Congress. The revenues of the Department
+ for the year ending June 30, 1866, were $14,386,986 and the expenditures
+ $15,352,079, showing an excess of the latter of $965,093. In
+ anticipation of this deficiency, however, a special appropriation was
+ made by Congress in the act approved July 28, 1866. Including the
+ standing appropriation of $700,000 for free mail matter as a legitimate
+ portion of the revenues, yet remaining unexpended, the actual deficiency
+ for the past year is only $265,093&mdash;a sum within $51,141 of the amount
+ estimated in the annual report of 1864. The decrease of revenue compared
+ with the previous year was 1-1/5 per cent, and the increase of
+ expenditures, owing principally to the enlargement of the mail service
+ in the South, was 12 per cent. On the 30th of June last there were in
+ operation 6,930 mail routes, with an aggregate length of 180,921 miles,
+ an aggregate annual transportation of 71,837,914 miles, and an aggregate
+ annual cost, including all expenditures, of $8,410,184. The length of
+ railroad routes is 32,092 miles and the annual transportation 30,609,467
+ miles. The length of steamboat routes is 14,346 miles and the annual
+ transportation 3,411,962 miles. The mail service is rapidly increasing
+ throughout the whole country, and its steady extension in the Southern
+ States indicates their constantly improving condition. The growing
+ importance of the foreign service also merits attention. The post-office
+ department of Great Britain and our own have agreed upon a preliminary
+ basis for a new postal convention, which it is believed will prove
+ eminently beneficial to the commercial interests of the United States,
+ inasmuch as it contemplates a reduction of the international letter
+ postage to one-half the existing rates; a reduction of postage with
+ all other countries to and from which correspondence is transmitted
+ in the British mail, or in closed mails through the United Kingdom;
+ the establishment of uniform and reasonable charges for the sea
+ and territorial transit of correspondence in closed mails; and an
+ allowance to each post-office department of the right to use all mail
+ communications established under the authority of the other for the
+ dispatch of correspondence, either in open or closed mails, on the same
+ terms as those applicable to the inhabitants of the country providing
+ the means of transmission.
+</p>
+<p>
+ The report of the Secretary of the Interior exhibits the condition
+ of those branches of the public service which are committed to his
+ supervision. During the last fiscal year 4,629,312 acres of public
+ land were disposed of, 1,892,516 acres of which were entered under the
+ homestead act. The policy originally adopted relative to the public
+ lands has undergone essential modifications. Immediate revenue, and not
+ their rapid settlement, was the cardinal feature of our land system.
+ Long experience and earnest discussion have resulted in the conviction
+ that the early development of our agricultural resources and the
+ diffusion of an energetic population over our vast territory are objects
+ of far greater importance to the national growth and prosperity than the
+ proceeds of the sale of the land to the highest bidder in open market.
+ The preemption laws confer upon the pioneer who complies with the terms
+ they impose the privilege of purchasing a limited portion of "unoffered
+ lands" at the minimum price. The homestead enactments relieve the
+ settler from the payment of purchase money, and secure him a permanent
+ home upon the condition of residence for a term of years. This liberal
+ policy invites emigration from the Old and from the more crowded
+ portions of the New World. Its propitious results are undoubted, and
+ will be more signally manifested when time shall have given to it a
+ wider development.
+</p>
+<p>
+ Congress has made liberal grants of public land to corporations in
+ aid of the construction of railroads and other internal improvements.
+ Should this policy hereafter prevail, more stringent provisions will
+ be required to secure a faithful application of the fund. The title to
+ the lands should not pass, by patent or otherwise, but remain in the
+ Government and subject to its control until some portion of the road has
+ been actually built. Portions of them might then from time to time be
+ conveyed to the corporation, but never in a greater ratio to the whole
+ quantity embraced by the grant than the completed parts bear to the
+ entire length of the projected improvement. This restriction would not
+ operate to the prejudice of any undertaking conceived in good faith
+ and executed with reasonable energy, as it is the settled practice to
+ withdraw from market the lands falling within the operation of such
+ grants, and thus to exclude the inception of a subsequent adverse right.
+ A breach of the conditions which Congress may deem proper to impose
+ should work a forfeiture of claim to the lands so withdrawn but
+ unconveyed, and of title to the lands conveyed which remain unsold.
+</p>
+<p>
+ Operations on the several lines of the Pacific Railroad have been
+ prosecuted with unexampled vigor and success. Should no unforeseen
+ causes of delay occur, it is confidently anticipated that this great
+ thoroughfare will be completed before the expiration of the period
+ designated by Congress.
+</p>
+<p>
+ During the last fiscal year the amount paid to pensioners, including the
+ expenses of disbursement, was $13,459,996, and 50,177 names were added
+ to the pension rolls. The entire number of pensioners June 30, 1866,
+ was 126,722. This fact furnishes melancholy and striking proof of
+ the sacrifices made to vindicate the constitutional authority of the
+ Federal Government and to maintain inviolate the integrity of the Union.
+ They impose upon us corresponding obligations. It is estimated that
+ $33,000,000 will be required to meet the exigencies of this branch of
+ the service during the next fiscal year.
+</p>
+<p>
+ Treaties have been concluded with the Indians, who, enticed into armed
+ opposition to our Government at the outbreak of the rebellion, have
+ unconditionally submitted to our authority and manifested an earnest
+ desire for a renewal of friendly relations.
+</p>
+<p>
+ During the year ending September 30, 1866, 8,716 patents for useful
+ inventions and designs were issued, and at that date the balance in
+ the Treasury to the credit of the patent fund was $228,297.
+</p>
+<p>
+ As a subject upon which depends an immense amount of the production and
+ commerce of the country, I recommend to Congress such legislation as
+ may be necessary for the preservation of the levees of the Mississippi
+ River. It is a matter of national importance that early steps should
+ be taken, not only to add to the efficiency of these barriers against
+ destructive inundations, but for the removal of all obstructions to the
+ free and safe navigation of that great channel of trade and commerce.
+</p>
+<p>
+ The District of Columbia under existing laws is not entitled to that
+ representation in the national councils which from our earliest history
+ has been uniformly accorded to each Territory established from time to
+ time within our limits. It maintains peculiar relations to Congress, to
+ whom the Constitution has granted the power of exercising exclusive
+ legislation over the seat of Government. Our fellow-citizens residing
+ in the District, whose interests are thus confided to the special
+ guardianship of Congress, exceed in number the population of several of
+ our Territories, and no just reason is perceived why a Delegate of their
+ choice should not be admitted to a seat in the House of Representatives.
+ No mode seems so appropriate and effectual of enabling them to make
+ known their peculiar condition and wants and of securing the local
+ legislation adapted to them. I therefore recommend the passage of a
+ law authorizing the electors of the District of Columbia to choose a
+ Delegate, to be allowed the same rights and privileges as a Delegate
+ representing a Territory. The increasing enterprise and rapid progress
+ of improvement in the District are highly gratifying, and I trust that
+ the efforts of the municipal authorities to promote the prosperity of
+ the national metropolis will receive the efficient and generous
+ cooperation of Congress.
+</p>
+<p>
+ The report of the Commissioner of Agriculture reviews the operations of
+ his Department during the past year, and asks the aid of Congress in
+ its efforts to encourage those States which, scourged by war, are now
+ earnestly engaged in the reorganization of domestic industry.
+</p>
+<p>
+ It is a subject of congratulation that no foreign combinations
+ against our domestic peace and safety or our legitimate influence
+ among the nations have been formed or attempted. While sentiments of
+ reconciliation, loyalty, and patriotism have increased at home, a more
+ just consideration of our national character and rights has been
+ manifested by foreign nations.
+</p>
+<p>
+ The entire success of the Atlantic telegraph between the coast of
+ Ireland and the Province of Newfoundland is an achievement which has
+ been justly celebrated in both hemispheres as the opening of an era in
+ the progress of civilization. There is reason to expect that equal
+ success will attend and even greater results follow the enterprise for
+ connecting the two continents through the Pacific Ocean by the projected
+ line of telegraph between Kamchatka and the Russian possessions in
+ America.
+</p>
+<p>
+ The resolution of Congress protesting against pardons by foreign
+ governments of persons convicted of infamous offenses on condition of
+ emigration to our country has been communicated to the states with which
+ we maintain intercourse, and the practice, so justly the subject of
+ complaint on our part, has not been renewed.
+</p>
+<p>
+ The congratulations of Congress to the Emperor of Russia upon his escape
+ from attempted assassination have been presented to that humane and
+ enlightened ruler and received by him with expressions of grateful
+ appreciation.
+</p>
+<p>
+ The Executive, warned of an attempt by Spanish American adventurers to
+ induce the emigration of freedmen of the United States to a foreign
+ country, protested against the project as one which, if consummated,
+ would reduce them to a bondage even more oppressive than that from
+ which they have just been relieved. Assurance has been received from
+ the Government of the State in which the plan was matured that the
+ proceeding will meet neither its encouragement nor approval. It is
+ a question worthy of your consideration whether our laws upon this
+ subject are adequate to the prevention or punishment of the crime
+ thus meditated.
+</p>
+<p>
+ In the month of April last, as Congress is aware, a friendly
+ arrangement was made between the Emperor of France and the President
+ of the United States for the withdrawal from Mexico of the French
+ expeditionary military forces. This withdrawal was to be effected in
+ three detachments, the first of which, it was understood, would leave
+ Mexico in November, now past, the second in March next, and the third
+ and last in November, 1867. Immediately upon the completion of the
+ evacuation the French Government was to assume the same attitude of
+ nonintervention in regard to Mexico as is held by the Government of the
+ United States. Repeated assurances have been given by the Emperor since
+ that agreement that he would complete the promised evacuation within
+ the period mentioned, or sooner.
+</p>
+<p>
+ It was reasonably expected that the proceedings thus contemplated would
+ produce a crisis of great political interest in the Republic of Mexico.
+ The newly appointed minister of the United States, Mr. Campbell, was
+ therefore sent forward on the 9th day of November last to assume his
+ proper functions as minister plenipotentiary of the United States to
+ that Republic. It was also thought expedient that he should be attended
+ in the vicinity of Mexico by the Lieutenant-General of the Army of the
+ United States, with the view of obtaining such information as might be
+ important to determine the course to be pursued by the United States in
+ reestablishing and maintaining necessary and proper intercourse with the
+ Republic of Mexico. Deeply interested in the cause of liberty and
+ humanity, it seemed an obvious duty on our part to exercise whatever
+ influence we possessed for the restoration and permanent establishment
+ in that country of a domestic and republican form of government.
+</p>
+<p>
+ Such was the condition of our affairs in regard to Mexico when, on the
+ 22d of November last, official information was received from Paris that
+ the Emperor of France had some time before decided not to withdraw a
+ detachment of his forces in the month of November past, according to
+ engagement, but that this decision was made with the purpose of
+ withdrawing the whole of those forces in the ensuing spring. Of this
+ determination, however, the United States had not received any notice
+ or intimation, and so soon as the information was received by the
+ Government care was taken to make known its dissent to the Emperor of
+ France.
+</p>
+<p>
+ I can not forego the hope that France will reconsider the subject and
+ adopt some resolution in regard to the evacuation of Mexico which will
+ conform as nearly as practicable with the existing engagement, and thus
+ meet the just expectations of the United States. The papers relating
+ to the subject will be laid before you. It is believed that with the
+ evacuation of Mexico by the expeditionary forces no subject for serious
+ differences between France and the United States would remain. The
+ expressions of the Emperor and people of France warrant a hope that the
+ traditionary friendship between the two countries might in that case be
+ renewed and permanently restored.
+</p>
+<p>
+ A claim of a citizen of the United States for indemnity for spoliations
+ committed on the high seas by the French authorities in the exercise of
+ a belligerent power against Mexico has been met by the Government of
+ France with a proposition to defer settlement until a mutual convention
+ for the adjustment of all claims of citizens and subjects of both
+ countries arising out of the recent wars on this continent shall
+ be agreed upon by the two countries. The suggestion is not deemed
+ unreasonable, but it belongs to Congress to direct the manner in which
+ claims for indemnity by foreigners as well as by citizens of the United
+ States arising out of the late civil war shall be adjudicated and
+ determined. I have no doubt that the subject of all such claims will
+ engage your attention at a convenient and proper time.
+</p>
+<p>
+ It is a matter of regret that no considerable advance has been made
+ toward an adjustment of the differences between the United States and
+ Great Britain arising out of the depredations upon our national commerce
+ and other trespasses committed during our civil war by British subjects,
+ in violation of international law and treaty obligations. The delay,
+ however, may be believed to have resulted in no small degree from the
+ domestic situation of Great Britain. An entire change of ministry
+ occurred in that country during the last session of Parliament. The
+ attention of the new ministry was called to the subject at an early day,
+ and there is some reason to expect that it will now be considered in a
+ becoming and friendly spirit. The importance of an early disposition of
+ the question can not be exaggerated. Whatever might be the wishes of the
+ two Governments, it is manifest that good will and friendship between
+ the two countries can not be established until a reciprocity in the
+ practice of good faith and neutrality shall be restored between the
+ respective nations.
+</p>
+<p>
+ On the 6th of June last, in violation of our neutrality laws, a military
+ expedition and enterprise against the British North American colonies
+ was projected and attempted to be carried on within the territory and
+ jurisdiction of the United States. In obedience to the obligation
+ imposed upon the Executive by the Constitution to see that the laws are
+ faithfully executed, all citizens were warned by proclamation against
+ taking part in or aiding such unlawful proceedings, and the proper
+ civil, military, and naval officers were directed to take all necessary
+ measures for the enforcement of the laws. The expedition failed, but it
+ has not been without its painful consequences. Some of our citizens who,
+ it was alleged, were engaged in the expedition were captured, and have
+ been brought to trial as for a capital offense in the Province of
+ Canada. Judgment and sentence of death have been pronounced against
+ some, while others have been acquitted. Fully believing in the maxim of
+ government that severity of civil punishment for misguided persons who
+ have engaged in revolutionary attempts which have disastrously failed is
+ unsound and unwise, such representations have been made to the British
+ Government in behalf of the convicted persons as, being sustained by
+ an enlightened and humane judgment, will, it is hoped, induce in their
+ cases an exercise of clemency and a judicious amnesty to all who were
+ engaged in the movement. Counsel has been employed by the Government to
+ defend citizens of the United States on trial for capital offenses in
+ Canada, and a discontinuance of the prosecutions which were instituted
+ in the courts of the United States against those who took part in the
+ expedition has been directed.
+</p>
+<p>
+ I have regarded the expedition as not only political in its nature, but
+ as also in a great measure foreign from the United States in its causes,
+ character, and objects. The attempt was understood to be made in
+ sympathy with an insurgent party in Ireland, and by striking at a
+ British Province on this continent was designed to aid in obtaining
+ redress for political grievances which, it was assumed, the people of
+ Ireland had suffered at the hands of the British Government during a
+ period of several centuries. The persons engaged in it were chiefly
+ natives of that country, some of whom had, while others had not, become
+ citizens of the United States under our general laws of naturalization.
+ Complaints of misgovernment in Ireland continually engage the attention
+ of the British nation, and so great an agitation is now prevailing in
+ Ireland that the British Government have deemed it necessary to suspend
+ the writ of <i>habeas corpus</i> in that country. These circumstances must
+ necessarily modify the opinion which we might otherwise have entertained
+ in regard to an expedition expressly prohibited by our neutrality laws.
+ So long as those laws remain upon our statute books they should be
+ faithfully executed, and if they operate harshly, unjustly, or
+ oppressively Congress alone can apply the remedy by their modification
+ or repeal.
+</p>
+<p>
+ Political and commercial interests of the United States are not unlikely
+ to be affected in some degree by events which are transpiring in the
+ eastern regions of Europe, and the time seems to have come when our
+ Government ought to have a proper diplomatic representation in Greece.
+</p>
+<p>
+ This Government has claimed for all persons not convicted or accused or
+ suspected of crime an absolute political right of self-expatriation and
+ a choice of new national allegiance. Most of the European States have
+ dissented from this principle, and have claimed a right to hold such of
+ their subjects as have emigrated to and been naturalized in the United
+ States and afterwards returned on transient visits to their native
+ countries to the performance of military service in like manner as
+ resident subjects. Complaints arising from the claim in this respect
+ made by foreign states have heretofore been matters of controversy
+ between the United States and some of the European powers, and the
+ irritation consequent upon the failure to settle this question increased
+ during the war in which Prussia, Italy, and Austria were recently
+ engaged. While Great Britain has never acknowledged the right of
+ expatriation, she has not for some years past practically insisted
+ upon the opposite doctrine. France has been equally forbearing, and
+ Prussia has proposed a compromise, which, although evincing increased
+ liberality, has not been accepted by the United States. Peace is now
+ prevailing everywhere in Europe, and the present seems to be a favorable
+ time for an assertion by Congress of the principle so long maintained by
+ the executive department that naturalization by one state fully exempts
+ the native-born subject of any other state from the performance of
+ military service under any foreign government, so long as he does not
+ voluntarily renounce its rights and benefits.
+</p>
+<p>
+ In the performance of a duty imposed upon me by the Constitution
+ I have thus submitted to the representatives of the States and of the
+ people such information of our domestic and foreign affairs as the
+ public interests seem to require. Our Government is now undergoing its
+ most trying ordeal, and my earnest prayer is that the peril may be
+ successfully and finally passed without impairing its original strength
+ and symmetry. The interests of the nation are best to be promoted by the
+ revival of fraternal relations, the complete obliteration of our past
+ differences, and the reinauguration of all the pursuits of peace.
+ Directing our efforts to the early accomplishment of these great
+ ends, let us endeavor to preserve harmony between the coordinate
+ departments of the Government, that each in its proper sphere may
+ cordially cooperate with the other in securing the maintenance of
+ the Constitution, the preservation of the Union, and the perpetuity
+ of our free institutions.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 8, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to a resolution of the House of Representatives of the 5th
+ instant, inquiring if any portion of Mexican territory has been occupied
+ by United States troops, I transmit the accompanying report upon the
+ subject from the Secretary of War.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 8, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor to communicate a report of the Secretary of State
+ relating to the discovery and arrest of John H. Surratt.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>December 11, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith reports from the Secretary of War and the
+ Attorney-General, in compliance with a resolution of the 3d instant,
+ requesting the President to communicate to the House, "if not in his
+ opinion incompatible with the public interests, the information asked
+ for in a resolution of this House dated the 23d June last, and which
+ resolution he has up to this time failed to answer, as to whether any
+ application has been made to him for the pardon of G.E. Pickett, who
+ acted as a major-general of the rebel forces in the late war for the
+ suppression of insurrection, and, if so, what has been the action
+ thereon; and also to communicate copies of all papers, entries,
+ indorsements, and other documentary evidence in relation to any
+ proceeding in connection with such application; and that he also inform
+ this House whether, since the adjournment at Raleigh, N.C., on the
+ 30th of March last, of the last board or court of inquiry convened to
+ investigate the facts attending the hanging of a number of United States
+ soldiers for alleged desertion from the rebel army, any further measures
+ have been taken to bring the said Pickett or other perpetrators of that
+ crime to punishment."
+</p>
+<p>
+ In transmitting the accompanying papers containing the information
+ requested by the House of Representatives it is proper to state that,
+ instead of bearing date the 23d of June last, the first resolution was
+ dated the 23d of July, and was received by the Executive only four days
+ before the termination of the session.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 14, 1866</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I communicate a translation of a letter of the 17th of August last
+ addressed to me by His Majesty Alexander, Emperor of Russia, in reply to
+ the joint resolution of Congress approved on the 16th day of May, 1866,
+ relating to the attempted assassination of the Emperor, a certified copy
+ of which was, in compliance with the request of Congress, forwarded to
+ His Majesty by the hands of Gustavus V. Fox, late Assistant Secretary of
+ the Navy of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 15, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Interior, in
+ answer to a resolution of the House of Representatives of the 10th
+ instant, in relation to the Atchison and Pikes Peak Railroad Company.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 20, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of
+ December 4 last, requesting information "relating to the attempt of
+ Santa Anna and Ortega to organize armed expeditions within the United
+ States for the purpose of overthrowing the National Government of the
+ Republic of Mexico," I transmit a report from the Secretary of State
+ and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 21, 1866</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 19th
+ instant, calling for a copy of certain correspondence relating to the
+ joint occupancy of the island of San Juan, in Washington Territory,
+ I transmit a report from the Secretary of State on the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 3, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have the honor to communicate an additional report of the Secretary of
+ State relating to the discovery and arrest of John H. Surratt.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 8, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of War and the
+ accompanying papers, in reply to the resolution of the House of
+ Representatives of the 13th ultimo, requesting copies of all official
+ documents, orders, letters, and papers of every description relative to
+ the trial by a military commission and conviction of Crawford Keys and
+ others for the murder of Emory Smith and others, and to the respite
+ of the sentence in the case of said Crawford Keys or either of his
+ associates, their transfer to Fort Delaware, and subsequent release
+ upon a writ of <i>habeas corpus</i>.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 8, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit the accompanying report from the Attorney-General as a
+ partial reply to the resolution of the House of Representatives of the
+ 10th ultimo, requesting a "list of names of all persons engaged in the
+ late rebellion against the United States Government who have been
+ pardoned by the President from April 15, 1865, to this date; that said
+ list shall also state the rank of each person who has been so pardoned,
+ if he has been engaged in the military service of the so-called
+ Confederate government, and the position if he shall have held any civil
+ office under said so-called Confederate government; and shall also
+ further state whether such person has at any time prior to April 14,
+ 1861, held any office under the United States Government, and, if so,
+ what office, together with the reasons for granting such pardons and
+ also the names of the person or persons at whose solicitation such
+ pardon was granted."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 9, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of the Navy, in
+ answer to a resolution of the House of the 19th ultimo, requesting a
+ statement of the amounts charged to the State Department since May 1,
+ 1865, for services rendered by naval vessels.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 9, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of the Navy,
+ with the accompanying documents, in answer to a resolution of the Senate
+ of the 5th ultimo, calling for copies of orders, instructions, and
+ directions issued from that Department in relation to the employment of
+ officers and others in the navy-yards of the United States, and all
+ communications received in relation to employment at the Norfolk
+ Navy-Yard.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 10, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to a resolution of
+ the 17th ultimo, calling for information relative to the revolution in
+ Candia, a report of the Secretary of State, with accompanying documents.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, January 14, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of the 19th ultimo,
+ requesting information regarding the occupation of Mexican territory by
+ the troops of the United States, I transmit a report of the Secretary of
+ State and one of the Secretary of War, and the documents by which they
+ were accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 18, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the 19th ultimo, requesting certain
+ information in regard to the Universal Exposition to be held at Paris
+ during the present year, I transmit a report from the Secretary of State
+ and the documents to which it refers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 19, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith communicate a report from the Secretary of the Interior,
+ in answer to a resolution of the House of Representatives of the 16th
+ instant, in relation to the clerks of the Federal courts and the marshal
+ of the United States for the district of North Carolina.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of War and the
+ accompanying papers, in compliance with the resolution of the House of
+ Representatives of the 19th ultimo, requesting copies of all papers in
+ possession of the President touching the case of George St. Leger
+ Grenfel.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ JANUARY 21, 1867.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 23, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 21st
+ instant, a report from the Secretary of State, with accompanying
+ papers.<a href="#note-8"><small>8</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 28, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report<a href="#note-9"><small>9</small></a> from the Secretary of State, with
+ accompanying papers, in answer to the Senate's resolution of the
+ 7th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 28, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the House of Representatives of the
+ 7th instant, in relation to the attempted compromise of certain suits
+ instituted in the English courts in behalf of the United States against
+ Fraser, Trenholm &amp; Co., alleged agents of the so-called Confederate
+ government, I transmit a report from the Secretary of State and the
+ documents by which it was accompanied.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report<a href="#note-10"><small>10</small></a> from the Secretary of State, in answer
+ to the resolution of the House of Representatives of the 24th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 12th ultimo and its request of the 28th instant for all correspondence,
+ reports, and information in my possession in relation to the riot which
+ occurred in the city of New Orleans on the 30th day of July last, I
+ transmit herewith copies of telegraphic dispatches upon the subject,
+ and reports from the Secretary of War, with the papers accompanying
+ the same.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 4th of December last, requesting information upon the present condition
+ of affairs in the Republic of Mexico, and of one of the 18th of the same
+ month, desiring me to communicate to the House of Representatives copies
+ of all correspondence on the subject of the evacuation of Mexico by the
+ French troops not before officially published, I transmit a report from
+ the Secretary of State and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 31, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith reports from the heads of the several Executive
+ Departments, containing the information in reference to appointments
+ to office requested in the resolution adopted by the House of
+ Representatives on the 6th of December last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>January 31, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report by the Secretary of War of January 30,
+ containing the information asked for in a resolution of the House of
+ Representatives of January 25, 1867, hereto annexed, respecting the
+ execution of "An act providing for the appointment of a commissioner to
+ examine and report upon certain claims of the State of Iowa," approved
+ July 25, 1866.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 31, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The accompanying reports from the heads of the several Executive
+ Departments of the Government are submitted in compliance with a
+ resolution of the Senate dated the 12th ultimo, inquiring whether any
+ person appointed to an office required by law to be filled by and with
+ the advice and consent of the Senate, and who was commissioned during
+ the recess of the Senate, previous to the assembling of the present
+ Congress, to fill a vacancy, has been continued in such office and
+ permitted to discharge its functions, either by the granting of a new
+ commission or otherwise, since the end of the session of the Senate on
+ the 28th day of July last, without the submission of the name of such
+ person to the Senate for its confirmation; and particularly whether a
+ surveyor or naval officer of the port of Philadelphia has thus been
+ continued in office without the consent of the Senate, and, if any such
+ officer has performed the duties of that office, whether he has received
+ any salary or compensation therefor.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 7, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded the 29th day of August, 1866, between Alexander
+ Cummings, governor of Colorado Territory and <i>ex officio</i> superintendent
+ of Indian affairs, Hon. A.C. Hunt, and D.C. Oakes, United States Indian
+ agent, duly authorized and appointed as commissioners for the purpose,
+ and the chiefs and warriors of the Uintah Jampa, or Grand River, bands
+ of Utah Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 31st of January, with
+ copy of letter from the Commissioner of Indian Affairs of the 28th of
+ January, 1867, together with a map showing the tract of country claimed
+ by said Indians, accompany the treaty.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 4, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 2d instant, requesting
+ the Secretary of State to report what steps have been taken him to
+ secure to the United States the right to make the necessary surveys for
+ an interoceanic ship canal through the territory of Colombia, I transmit
+ herewith the report of the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 4, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith communicate a report from the Secretary of the Interior of
+ this date, in answer to a resolution of the Senate of the 31st ultimo,
+ in relation to the deputy marshals, bailiffs, and criers in the District
+ of Columbia who have received compensation for the year 1866.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 4, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit a report of the Secretary of the Treasury, in answer to a
+ resolution of the Senate of the 31st ultimo, on the subject of a treaty
+ of reciprocity with the Hawaiian Islands.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 5, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, in answer to the Senate's resolution of the 2d
+ instant, a report from the Secretary of State, with an accompanying
+ document.<a href="#note-11"><small>11</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 5, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, in answer to a
+ resolution of the House of Representatives of yesterday, making inquiry
+ as to the States which have ratified the amendment to the Constitution
+ proposed by the Thirty-ninth Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 7, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 4th instant, requesting me to communicate to that body any official
+ correspondence which may have taken place with regard to the visit of
+ Professor Agassiz to Brazil, I transmit herewith the report of the
+ Secretary of State and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 7, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith communicate a report of the Secretary of the Interior,
+ in answer to a resolution of the House of Representatives of the 22d
+ ultimo, requesting information relative to the condition, occupancy,
+ and area of the Hot Springs Reservation, in the State of Arkansas.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 9, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith, in answer to the Senate's resolution of the 7th
+ instant, a report<a href="#note-12"><small>12</small></a> from the Secretary of State, with an accompanying
+ document.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 11, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 6th of February,
+ 1867, requesting me to transmit copies of all correspondence not
+ heretofore communicated on the subject of grants to American citizens
+ for railroad and telegraph lines across the territory of the Republic of
+ Mexico, I submit herewith the report of the Secretary of State and the
+ papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 16, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, in answer to a
+ resolution of the House of Representatives of yesterday, making further
+ inquiry as to the States which have ratified the amendment to the
+ Constitution proposed by the Thirty-ninth Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 16, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th of July last,
+ relative to the practicability of establishing equal reciprocal
+ relations between the United States and the British North American
+ Provinces and to the actual condition of the question of the fisheries,
+ I transmit a report on the subject from the Secretary of State, with
+ the papers to which it refers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 18, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received a resolution of the Senate dated the 8th day of January
+ last, requesting the President to inform the Senate if any violations of
+ the act entitled "An act to protect all persons in the United States in
+ their civil rights and furnish the means of their vindication" have come
+ to his knowledge, and, if so, what steps, if any, have been taken by him
+ to enforce the law and punish the offenders.
+</p>
+<p>
+ Not being cognizant of any cases which came within the purview of the
+ resolution, in order that the inquiry might have the fullest range I
+ referred it to the heads of the several Executive Departments, whose
+ reports are herewith communicated for the information of the Senate.
+</p>
+<p>
+ With the exception of the cases mentioned in the reports of the
+ Secretary of War and the Attorney-General, no violations, real or
+ supposed, of the act to which the resolution refers have at any time
+ come to the knowledge of the Executive. The steps taken in these cases
+ to enforce the law appear in these reports.
+</p>
+<p>
+ The Secretary of War, under date of the 15th instant, submitted a series
+ of reports from the General Commanding the armies of the United States
+ and other military officers as to supposed violations of the act alluded
+ to in the resolution, with the request that they should be referred to
+ the Attorney-General "for his investigation and report, to the end that
+ the cases may be designated which are cognizant by the civil authorities
+ and such as are cognizant by military tribunals." I have directed the
+ reference so to be made.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 18, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a letter of the 26th ultimo, addressed to me by W.F.M. Arny,
+ secretary and acting governor of the Territory of New Mexico, with the
+ memorials to Congress by which it was accompanied, requesting certain
+ appropriations for that Territory. The attention of the House of
+ Representatives is invited to the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 19, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit the accompanying reports from the Secretary of the Treasury
+ and the Secretary of War, in answer to the resolution of the House of
+ Representatives of the 28th May last, requesting certain information in
+ regard to captured and forfeited cotton.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 20, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, giving information of
+ States which have ratified the amendment to the Constitution proposed by
+ the Thirty-ninth Congress in addition to those named in his report which
+ was communicated in my message of the 16th instant, in answer to a
+ resolution of the House of Representatives of the 15th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 11th
+ instant, a report from the Secretary of State, with accompanying
+ documents.<a href="#note-13"><small>13</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 31st ultimo,
+ a report from the Secretary of State, with accompanying documents.<a href="#note-14"><small>14</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 19th
+ instant, a report from the Secretary of State, with accompanying
+ documents.<a href="#note-15"><small>15</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their
+ resolution of the 14th instant, a report<a href="#note-16"><small>16</small></a> from the Secretary of
+ State of this date.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ For the reasons stated<a href="#note-16"><small>16</small></a> in the accompanying communication from the
+ Secretary of the Interior, I withdraw the treaty concluded with the
+ New York Indians in Kansas and submitted to the Senate in the month of
+ December, 1863, but upon which I am informed no action has yet been
+ taken.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>February 23, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded in the city of Washington on the 19th of February,
+ 1867, between the United States and the Sac and Fox tribes of Indians
+ of Missouri.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 23d and copy of a
+ letter of the Commissioner of Indian Affairs of the 19th of February,
+ 1867, accompany the treaty.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>February 23, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded in the city of Washington on the 18th February, 1867,
+ between the United States and the Sac and Fox tribes of Indians of the
+ Mississippi.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 23d and a copy of a
+ letter of the Commissioner of Indian Affairs of the 19th February, 1867,
+ accompany the treaty.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>February 23, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded on the 19th February, 1867, between the United States
+ and the Sisseton and Wahpeton bands of Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 23d instant and
+ accompanying copies of letters of the Commissioner of Indian Affairs
+ and Major T.R. Brown, in relation to said treaty, are also herewith
+ transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 23, 1867</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit a copy of a letter of the 12th instant addressed to me by His
+ Excellency Lucius Fairchild, governor of the State of Wisconsin, and of
+ the memorial to Congress concerning the Paris Exposition adopted by the
+ legislature of that State during its present session.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 25, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Interior, in
+ reply to the resolution of the House of Representatives of the 11th
+ instant, calling for certain information relative to removals and
+ appointments in his Department since the adjournment of the first
+ session of the Thirty-ninth Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 26, 1867</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a correspondence between the Secretary
+ of State and G.V. Fox, esq., relative to the presentation by the latter
+ to the Emperor of Russia of the resolution of Congress expressive of
+ the feelings of the people of the United States in reference to the
+ providential escape of that sovereign from an attempted assassination.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 26, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, with a view to ratification, a general
+ convention of amity, commerce, and navigation and for the surrender of
+ fugitive criminals between the United States and the Dominican Republic,
+ signed by the plenipotentiaries of the parties at the city of St.
+ Domingo on the 8th of this month.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 27, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of the Navy,
+ in answer to a resolution of the House of Representatives of the 21st
+ instant, calling for a copy of a letter addressed by Richard M. Boynton
+ and Harriet M. Fisher to the Secretary of the Navy in the month of
+ February, 1863, together with the indorsement made thereon by the Chief
+ of the Bureau of Ordnance.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 2, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report of the Attorney-General, additional to the
+ one submitted by him December 13, 1866, in reply to the resolution of
+ the House of Representatives of December 10, 1866, requesting "a list of
+ names of all persons who have been engaged in the late rebellion against
+ the United States Government who have been pardoned by the President
+ from April 15, 1865, to this date; that said list shall also state the
+ rank of each person who has been so pardoned, if he has been engaged
+ in the military service of the so-called Confederate States, and the
+ position if he shall have held any civil office under said so-called
+ Confederate government; and shall also further state whether such person
+ has at any time prior to April 14, 1861, held any office under the
+ United States Government, and, if so, what office, together with the
+ reasons for granting such pardons, and also the names of the person or
+ persons at whose solicitation such pardon was granted."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ MARCH 2, 1867.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The act entitled "An act making appropriations for the support of the
+ Army for the year ending June 30, 1868, and for other purposes" contains
+ provisions to which I must call attention. Those provisions are
+ contained in the second section, which in certain cases virtually
+ deprives the President of his constitutional functions as Commander in
+ Chief of the Army, and in the sixth section, which denies to ten States
+ of this Union their constitutional right to protect themselves in any
+ emergency by means of their own militia. Those provisions are out of
+ place in an appropriation act. I am compelled to defeat these necessary
+ appropriations if I withhold my signature to the act. Pressed by these
+ considerations, I feel constrained to return the bill with my signature,
+ but to accompany it with my protest against the sections which I have
+ indicated.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>January 5, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received and considered a bill entitled "An act to regulate the
+ elective franchise in the District of Columbia," passed by the Senate
+ on the 13th of December and by the House of Representatives on the
+ succeeding day. It was presented for my approval on the 26th ultimo&mdash;six
+ days after the adjournment of Congress&mdash;and is now returned with my
+ objections to the Senate, in which House it originated.
+</p>
+<p>
+ Measures having been introduced at the commencement of the first session
+ of the present Congress for the extension of the elective franchise to
+ persons of color in the District of Columbia, steps were taken by the
+ corporate authorities of Washington and Georgetown to ascertain and make
+ known the opinion of the people of the two cities upon a subject so
+ immediately affecting their welfare as a community. The question was
+ submitted to the people at special elections held in the month of
+ December, 1865, when the qualified voters of Washington and Georgetown,
+ with great unanimity of sentiment, expressed themselves opposed to
+ the contemplated legislation. In Washington, in a vote of 6,556&mdash;the
+ largest, with but two exceptions, ever polled in that city&mdash;only
+ thirty-five ballots were cast for negro suffrage, while in Georgetown,
+ in an aggregate of 813 votes&mdash;a number considerably in excess of the
+ average vote at the four preceding annual elections&mdash;but one was given
+ in favor of the proposed extension of the elective franchise. As these
+ elections seem to have been conducted with entire fairness, the result
+ must be accepted as a truthful expression of the opinion of the people
+ of the District upon the question which evoked it. Possessing, as an
+ organized community, the same popular right as the inhabitants of a
+ State or Territory to make known their will upon matters which affect
+ their social and political condition, they could have selected no more
+ appropriate mode of memorializing Congress upon the subject of this
+ bill than through the suffrages of their qualified voters.
+</p>
+<p>
+ Entirely disregarding the wishes of the people of the District of
+ Columbia, Congress has deemed it right and expedient to pass the measure
+ now submitted for my signature. It therefore becomes the duty of the
+ Executive, standing between the legislation of the one and the will of
+ the other, fairly expressed, to determine whether he should approve the
+ bill, and thus aid in placing upon the statute books of the nation a law
+ against which the people to whom it is to apply have solemnly and with
+ such unanimity protested, or whether he should return it with his
+ objections in the hope that upon reconsideration Congress, acting as
+ the representatives of the inhabitants of the seat of Government, will
+ permit them to regulate a purely local question as to them may seem best
+ suited to their interests and condition.
+</p>
+<p>
+ The District of Columbia was ceded to the United States by Maryland and
+ Virginia in order that it might become the permanent seat of Government
+ of the United States. Accepted by Congress, it at once became subject to
+ the "exclusive legislation" for which provision is made in the Federal
+ Constitution. It should be borne in mind, however, that in exercising
+ its functions as the lawmaking power of the District of Columbia the
+ authority of the National Legislature is not without limit, but that
+ Congress is bound to observe the letter and spirit of the Constitution
+ as well in the enactment of local laws for the seat of Government as
+ in legislation common to the entire Union. Were it to be admitted that
+ the right "to exercise exclusive legislation in all cases whatsoever"
+ conferred upon Congress unlimited power within the District of Columbia,
+ titles of nobility might be granted within its boundaries; laws might be
+ made "respecting an establishment of religion or prohibiting the free
+ exercise thereof, or abridging the freedom of speech or of the press,
+ or the right of the people peaceably to assemble and to petition the
+ Government for a redress of grievances." Despotism would thus reign at
+ the seat of government of a free republic, and as a place of permanent
+ residence it would be avoided by all who prefer the blessings of liberty
+ to the mere emoluments of official position.
+</p>
+<p>
+ It should also be remembered that in legislating for the District of
+ Columbia under the Federal Constitution the relation of Congress to
+ its inhabitants is analogous to that of a legislature to the people
+ of a State under their own local constitution. It does not, therefore,
+ seem to be asking too much that in matters pertaining to the District
+ Congress should have a like respect for the will and interest of its
+ inhabitants as is entertained by a State legislature for the wishes
+ and prosperity of those for whom they legislate. The spirit of our
+ Constitution and the genius of our Government require that in regard to
+ any law which is to affect and have a permanent bearing upon a people
+ their will should exert at least a reasonable influence upon those who
+ are acting in the capacity of their legislators. Would, for instance,
+ the legislature of the State of New York, or of Pennsylvania, or of
+ Indiana, or of any State in the Union, in opposition to the expressed
+ will of a large majority of the people whom they were chosen to
+ represent, arbitrarily force upon them as voters all persons of the
+ African or negro race and make them eligible for office without any
+ other qualification than a certain term of residence within the State?
+ In neither of the States named would the colored population, when acting
+ together, be able to produce any great social or political result.
+ Yet in New York, before he can vote, the man of color must fulfill
+ conditions that are not required of the white citizen; in Pennsylvania
+ the elective franchise is restricted to white freemen, while in Indiana
+ negroes and mulattoes are expressly excluded from the right of suffrage.
+ It hardly seems consistent with the principles of right and justice that
+ representatives of States where suffrage is either denied the colored
+ man or granted to him on qualifications requiring intelligence or
+ property should compel the people of the District of Columbia to
+ try an experiment which their own constituents have thus far shown
+ an unwillingness to test for themselves. Nor does it accord with our
+ republican ideas that the principle of self-government should lose its
+ force when applied to the residents of the District merely because their
+ legislators are not, like those of the States, responsible through the
+ ballot to the people for whom they are the lawmaking power.
+</p>
+<p>
+ The great object of placing the seat of Government under the exclusive
+ legislation of Congress was to secure the entire independence of the
+ General Government from undue State influence and to enable it to
+ discharge without danger of interruption or infringement of its
+ authority the high functions for which it was created by the people.
+ For this important purpose it was ceded to the United States by Maryland
+ and Virginia, and it certainly never could have been contemplated
+ as one of the objects to be attained by placing it under the exclusive
+ jurisdiction of Congress that it would afford to propagandists or
+ political parties a place for an experimental test of their principles
+ and theories. While, indeed, the residents of the seat of Government are
+ not citizens of any State and are not, therefore, allowed a voice in the
+ electoral college or representation in the councils of the nation, they
+ are, nevertheless, American citizens, entitled as such to every guaranty
+ of the Constitution, to every benefit of the laws, and to every right
+ which pertains to citizens of our common country. In all matters, then,
+ affecting their domestic affairs, the spirit of our democratic form of
+ government demands that their wishes should be consulted and respected
+ and they taught to feel that although not permitted practically to
+ participate in national concerns, they are, nevertheless, under a
+ paternal government regardful of their rights, mindful of their wants,
+ and solicitous for their prosperity. It was evidently contemplated that
+ all local questions would be left to their decision, at least to an
+ extent that would not be incompatible with the object for which Congress
+ was granted exclusive legislation over the seat of Government. When the
+ Constitution was yet under consideration, it was assumed by Mr. Madison
+ that its inhabitants would be allowed "a municipal legislature for local
+ purposes, derived from their own suffrages." When for the first time
+ Congress, in the year 1800, assembled at Washington, President Adams, in
+ his speech at its opening, reminded the two Houses that it was for them
+ to consider whether the local powers over the District of Columbia,
+ vested by the Constitution in the Congress of the United States, should
+ be immediately exercised, and he asked them to "consider it as the
+ capital of a great nation, advancing with unexampled rapidity in arts,
+ in commerce, in wealth, and in population, and possessing within itself
+ those resources which, if not thrown away or lamentably misdirected,
+ would secure to it a long course of prosperity and self-government."
+ Three years had not elapsed when Congress was called upon to determine
+ the propriety of retroceding to Maryland and Virginia the jurisdiction
+ of the territory which they had respectively relinquished to the
+ Government of the United States. It was urged on the one hand that
+ exclusive jurisdiction was not necessary or useful to the Government;
+ that it deprived the inhabitants of the District of their political
+ rights; that much of the time of Congress was consumed in legislation
+ pertaining to it; that its government was expensive; that Congress was
+ not competent to legislate for the District, because the members were
+ strangers to its local concerns; and that it was an example of a
+ government without representation&mdash;an experiment dangerous to the
+ liberties of the States. On the other hand it was held, among other
+ reasons, and successfully, that the Constitution, the acts of cession
+ of Virginia and Maryland, and the act of Congress accepting the grant
+ all contemplated the exercise of exclusive legislation by Congress,
+ and that its usefulness, if not its necessity, was inferred from the
+ inconvenience which was felt for want of it by the Congress of the
+ Confederation; that the people themselves, who, it was said, had been
+ deprived of their political rights, had not complained and did not
+ desire a retrocession; that the evil might be remedied by giving them a
+ representation in Congress when the District should become sufficiently
+ populous, and in the meantime a local legislature; that if the
+ inhabitants had not political rights they had great political influence;
+ that the trouble and expense of legislating for the District would not
+ be great, but would diminish, and might in a great measure be avoided
+ by a local legislature; and that Congress could not retrocede the
+ inhabitants without their consent. Continuing to live substantially
+ under the laws that existed at the time of the cession, and such changes
+ only having been made as were suggested by themselves, the people of the
+ District have not sought by a local legislature that which has generally
+ been willingly conceded by the Congress of the nation.
+</p>
+<p>
+ As a general rule sound policy requires that the legislature should
+ yield to the wishes of a people, when not inconsistent with the
+ constitution and the laws. The measures suited to one community might
+ not be well adapted to the condition of another; and the persons best
+ qualified to determine such questions are those whose interests are
+ to be directly affected by any proposed law. In Massachusetts, for
+ instance, male persons are allowed to vote without regard to color,
+ provided they possess a certain degree of intelligence. In a population
+ in that State of 1,231,066 there were, by the census of 1860, only 9,602
+ persons of color, and of the males over 20 years of age there were
+ 339,086 white to 2,602 colored. By the same official enumeration there
+ were in the District of Columbia 60,764 whites to 14,316 persons of the
+ colored race. Since then, however, the population of the District has
+ largely increased, and it is estimated that at the present time there
+ are nearly 100,000 whites to 30,000 negroes. The cause of the augmented
+ numbers of the latter class needs no explanation. Contiguous to Maryland
+ and Virginia, the District during the war became a place of refuge for
+ those who escaped from servitude, and it is yet the abiding place of a
+ considerable proportion of those who sought within its limits a shelter
+ from bondage. Until then held in slavery and denied all opportunities
+ for mental culture, their first knowledge of the Government was acquired
+ when, by conferring upon them freedom, it became the benefactor of their
+ race. The test of their capability for improvement began when for the
+ first time the career of free industry and the avenues to intelligence
+ were opened to them. Possessing these advantages but a limited time&mdash;the
+ greater number perhaps having entered the District of Columbia during
+ the later years of the war, or since its termination&mdash;we may well
+ pause to inquire whether, after so brief a probation, they are as a
+ class capable of an intelligent exercise of the right of suffrage and
+ qualified to discharge the duties of official position. The people
+ who are daily witnesses of their mode of living, and who have become
+ familiar with their habits of thought, have expressed the conviction
+ that they are not yet competent to serve as electors, and thus become
+ eligible for office in the local governments under which they live.
+ Clothed with the elective franchise, their numbers, already largely in
+ excess of the demand for labor, would be soon increased by an influx
+ from the adjoining States. Drawn from fields where employment is
+ abundant, they would in vain seek it here, and so add to the
+ embarrassments already experienced from the large class of idle persons
+ congregated in the District. Hardly yet capable of forming correct
+ judgments upon the important questions that often make the issues
+ of a political contest, they could readily be made subservient to the
+ purposes of designing persons. While in Massachusetts, under the census
+ of 1860, the proportion of white to colored males over 20 years of age
+ was 130 to 1, here the black race constitutes nearly one-third of the
+ entire population, whilst the same class surrounds the District on all
+ sides, ready to change their residence at a moment's notice, and with
+ all the facility of a nomadic people, in order to enjoy here, after a
+ short residence, a privilege they find nowhere else. It is within their
+ power in one year to come into the District in such numbers as to have
+ the supreme control of the white race, and to govern them by their own
+ officers and by the exercise of all the municipal authority&mdash;among
+ the rest, of the power of taxation over property in which they have
+ no interest. In Massachusetts, where they have enjoyed the benefits
+ of a thorough educational system, a qualification of intelligence
+ is required, while here suffrage is extended to all without
+ discrimination&mdash;as well to the most incapable who can prove a
+ residence in the District of one year as to those persons of color who,
+ comparatively few in number, are permanent inhabitants, and, having
+ given evidence of merit and qualification, are recognized as useful and
+ responsible members of the community. Imposed upon an unwilling people
+ placed by the Constitution under the exclusive legislation of Congress,
+ it would be viewed as an arbitrary exercise of power and as an
+ indication by the country of the purpose of Congress to compel the
+ acceptance of negro suffrage by the States. It would engender a feeling
+ of opposition and hatred between the two races, which, becoming deep
+ rooted and ineradicable, would prevent them from living together in
+ a state of mutual friendliness. Carefully avoiding every measure that
+ might tend to produce such a result, and following the clear and
+ well-ascertained popular will, we should assiduously endeavor to promote
+ kindly relations between them, and thus, when that popular will leads
+ the way, prepare for the gradual and harmonious introduction of this
+ new element into the political power of the country.
+</p>
+<p>
+ It can not be urged that the proposed extension of suffrage in the
+ District of Columbia is necessary to enable persons of color to protect
+ either their interests or their rights. They stand here precisely as
+ they stand in Pennsylvania, Ohio, and Indiana. Here as elsewhere, in all
+ that pertains to civil rights, there is nothing to distinguish this
+ class of persons from citizens of the United States, for they possess
+ the "full and equal benefit of all laws and proceedings for the security
+ of person and property as is enjoyed by white citizens," and are made
+ "subject to like punishment, pains, and penalties, and to none other,
+ any law, statute, ordinance, regulation, or custom to the contrary
+ notwithstanding." Nor, as has been assumed, are their suffrages
+ necessary to aid a loyal sentiment here, for local governments already
+ exist of undoubted fealty to the Government, and are sustained by
+ communities which were among the first to testify their devotion to the
+ Union, and which during the struggle furnished their full quotas of men
+ to the military service of the country.
+</p>
+<p>
+ The exercise of the elective franchise is the highest attribute of an
+ American citizen, and when guided by virtue, intelligence, patriotism,
+ and a proper appreciation of our institutions constitutes the true basis
+ of a democratic form of government, in which the sovereign power is
+ lodged in the body of the people. Its influence for good necessarily
+ depends upon the elevated character and patriotism of the elector, for
+ if exercised by persons who do not justly estimate its value and who are
+ indifferent as to its results it will only serve as a means of placing
+ power in the hands of the unprincipled and ambitious, and must eventuate
+ in the complete destruction of that liberty of which it should be the
+ most powerful conservator. Great danger is therefore to be apprehended
+ from an untimely extension of the elective franchise to any new class
+ in our country, especially when the large majority of that class, in
+ wielding the power thus placed in their hands, can not be expected
+ correctly to comprehend the duties and responsibilities which pertain
+ to suffrage. Yesterday, as it were, 4,000,000 persons were held in a
+ condition of slavery that had existed for generations; to-day they are
+ freemen and are assumed by law to be citizens. It can not be presumed,
+ from their previous condition of servitude, that as a class they are as
+ well informed as to the nature of our Government as the intelligent
+ foreigner who makes our land the home of his choice. In the case of
+ the latter neither a residence of five years and the knowledge of our
+ institutions which it gives nor attachment to the principles of the
+ Constitution are the only conditions upon which he can be admitted to
+ citizenship; he must prove in addition a good moral character, and thus
+ give reasonable ground for the belief that he will be faithful to the
+ obligations which he assumes as a citizen of the Republic. Where a
+ people&mdash;the source of all political power&mdash;speak by their suffrages
+ through the instrumentality of the ballot box, it must be carefully
+ guarded against the control of those who are corrupt in principle and
+ enemies of free institutions, for it can only become to our political
+ and social system a safe conductor of healthy popular sentiment when
+ kept free from demoralizing influences. Controlled through fraud and
+ usurpation by the designing, anarchy and despotism must inevitably
+ follow.
+</p>
+<p>
+ In the hands of the patriotic and worthy our Government will be
+ preserved upon the principles of the Constitution inherited from our
+ fathers. It follows, therefore, that in admitting to the ballot box
+ a new class of voters not qualified for the exercise of the elective
+ franchise we weaken our system of government instead of adding to its
+ strength and durability.
+</p>
+<p>
+ In returning this bill to the Senate I deeply regret that there should
+ be any conflict of opinion between the legislative and executive
+ departments of the Government in regard to measures that vitally affect
+ the prosperity and peace of the country. Sincerely desiring to reconcile
+ the States with one another and the whole people to the Government of
+ the United States, it has been my earnest wish to cooperate with
+ Congress in all measures having for their object a proper and complete
+ adjustment of the questions resulting from our late civil war. Harmony
+ between the coordinate branches of the Government, always necessary for
+ the public welfare, was never more demanded than at the present time,
+ and it will therefore be my constant aim to promote as far as possible
+ concert of action between them. The differences of opinion that have
+ already occurred have rendered me only the more cautious, lest the
+ Executive should encroach upon any of the prerogatives of Congress,
+ or by exceeding in any manner the constitutional limit of his duties
+ destroy the equilibrium which should exist between the several
+ coordinate departments, and which is so essential to the harmonious
+ working of the Government. I know it has been urged that the executive
+ department is more likely to enlarge the sphere of its action than
+ either of the other two branches of the Government, and especially in
+ the exercise of the veto power conferred upon it by the Constitution. It
+ should be remembered, however, that this power is wholly negative and
+ conservative in its character, and was intended to operate as a check
+ upon unconstitutional, hasty, and improvident legislation and as a means
+ of protection against invasions of the just powers of the executive and
+ judicial departments. It is remarked by Chancellor Kent that&mdash;
+</p>
+<p class="q">
+ To enact laws is a transcendent power, and if the body that possesses
+ it be a full and equal representation of the people there is danger of
+ its pressing with destructive weight upon all the other parts of the
+ machinery of Government. It has therefore been thought necessary by the
+ most skillful and most experienced artists in the science of civil
+ polity that strong barriers should be erected for the protection and
+ security of the other necessary powers of the Government. Nothing has
+ been deemed more fit and expedient for the purpose than the provision
+ that the head of the executive department should be so constituted as
+ to secure a requisite share of independence and that he should have a
+ negative upon the passing of laws; and that the judiciary power, resting
+ on a still more permanent basis, should have the right of determining
+ upon the validity of laws by the standard of the Constitution.
+</p>
+<p>
+ The necessity of some such check in the hands of the Executive is shown
+ by reference to the most eminent writers upon our system of government,
+ who seem to concur in the opinion that encroachments are most to be
+ apprehended from the department in which all legislative powers are
+ vested by the Constitution. Mr. Madison, in referring to the difficulty
+ of providing some practical security for each against the invasion of
+ the others, remarks that "the legislative department is everywhere
+ extending the sphere of its activity and drawing all power into its
+ impetuous vortex." "The founders of our Republic * * * seem never to
+ have recollected the danger from legislative usurpations, which by
+ assembling all power in the same hands must lead to the same tyranny as
+ is threatened by Executive usurpations." "In a representative republic,
+ where the executive magistracy is carefully limited both in the extent
+ and the duration of its power, and where the legislative power is
+ exercised by an assembly which is inspired, by a supposed influence over
+ the people, with an intrepid confidence in its own strength, which
+ is sufficiently numerous to feel all the passions which actuate a
+ multitude, yet not so numerous as to be incapable of pursuing the
+ objects of its passions by means which reason prescribes, it is against
+ the enterprising ambition of this department that the people ought to
+ indulge all their jealousy and exhaust all their precautions." "The
+ legislative department derives a superiority in our governments from
+ other circumstances. Its constitutional powers being at once more
+ extensive and less susceptible of precise limits, it can with the
+ greater facility mask, under complicated and indirect measures, the
+ encroachments which it makes on the coordinate departments." "On the
+ other side, the Executive power being restrained within a narrower
+ compass and being more simple in its nature, and the judiciary being
+ described by landmarks still less uncertain, projects of usurpation
+ by either of these departments would immediately betray and defeat
+ themselves. Nor is this all. As the legislative department alone has
+ access to the pockets of the people and has in some constitutions full
+ discretion and in all a prevailing influence over the pecuniary rewards
+ of those who fill the other departments, a dependence is thus created in
+ the latter which gives still greater facility to encroachments of the
+ former." "We have seen that the tendency of republican governments is
+ to an aggrandizement of the legislative at the expense of the other
+ departments."
+</p>
+<p>
+ Mr. Jefferson, in referring to the early constitution of
+ Virginia, objected that by its provisions all the powers of
+ government&mdash;legislative, executive, and judicial&mdash;resulted to the
+ legislative body, holding that "the concentrating these in the same
+ hands is precisely the definition of despotic government. It will be no
+ alleviation that these powers will be exercised by a plurality of hands,
+ and not by a single one. One hundred and seventy-three despots would
+ surely be as oppressive as one." "As little will it avail us that they
+ are chosen by ourselves. An elective despotism was not the government we
+ fought for, but one which should not only be founded on free principles,
+ but in which the powers of government should be so divided and balanced
+ among several bodies of magistracy as that no one could transcend their
+ legal limits without being effectually checked and restrained by the
+ others. For this reason that convention which passed the ordinance of
+ government laid its foundation on this basis, that the legislative,
+ executive, and judicial departments should be separate and distinct,
+ so that no person should exercise the powers of more than one of them
+ at the same time. But no barrier was provided between these several
+ powers. The judiciary and executive members were left dependent on the
+ legislative for their subsistence in office, and some of them for their
+ continuance in it. If, therefore, the legislature assumes executive and
+ judiciary powers, no opposition is likely to be made, nor, if made, can
+ be effectual, because in that case they may put their proceedings into
+ the form of an act of assembly, which will render them obligatory on the
+ other branches. They have accordingly in many instances decided rights
+ which should have been left to judiciary controversy; and the direction
+ of the executive, during the whole time of their session, is becoming
+ habitual and familiar."
+</p>
+<p>
+ Mr. Justice Story, in his Commentaries on the Constitution, reviews the
+ same subject, and says:
+</p>
+<p class="q">
+ The truth is that the legislative power is the great and overruling
+ power in every free government. * * * The representatives of the people
+ will watch with jealousy every encroachment of the executive magistrate,
+ for it trenches upon their own authority. But who shall watch the
+ encroachment of these representatives themselves? Will they be as
+ jealous of the exercise of power by themselves as by others? * * *
+</p><p class="q">
+ There are many reasons which may be assigned for the engrossing
+ influence of the legislative department. In the first place, its
+ constitutional powers are more extensive, and less capable of being
+ brought within precise limits than those of either the other
+ departments. The bounds of the executive authority are easily marked
+ out and defined. It reaches few objects, and those are known. It can
+ not transcend them without being brought in contact with the other
+ departments. Laws may check and restrain and bound its exercise. The
+ same remarks apply with still greater force to the judiciary. The
+ jurisdiction is, or may be, bounded to a few objects or persons; or,
+ however general and unlimited, its operations are necessarily confined
+ to the mere administration of private and public justice. It can not
+ punish without law. It can not create controversies to act upon. It can
+ decide only upon rights and cases as they are brought by others before
+ it. It can do nothing for itself. It must do everything for others. It
+ must obey the laws, and if it corruptly administers them it is subjected
+ to the power of impeachment. On the other hand, the legislative power
+ except in the few cases of constitutional prohibition, is unlimited. It
+ is forever varying its means and its ends. It governs the institutions
+ and laws and public policy of the country. It regulates all its vast
+ interests. It disposes of all its property. Look but at the exercise
+ of two or three branches of its ordinary powers. It levies all taxes;
+ it directs and appropriates all supplies; it gives the rules for the
+ descent, distribution, and devises of all property held by individuals;
+ it controls the sources and the resources of wealth; it changes at its
+ will the whole fabric of the laws; it molds at its pleasure almost all
+ the institutions which give strength and comfort and dignity to society.
+</p><p class="q">
+ In the next place, it is the direct visible representative of the will
+ of the people in all the changes of times and circumstances. It has the
+ pride as well as the power of numbers. It is easily moved and steadily
+ moved by the strong impulses of popular feeling and popular odium. It
+ obeys without reluctance the wishes and the will of the majority for the
+ time being. The path to public favor lies open by such obedience, and it
+ finds not only support but impunity in whatever measures the majority
+ advises, even though they transcend the constitutional limits. It has no
+ motive, therefore, to be jealous or scrupulous in its own use of power;
+ and it finds its ambition stimulated and its arm strengthened by the
+ countenance and the courage of numbers. These views are not alone those
+ of men who look with apprehension upon the fate of republics, but they
+ are also freely admitted by some of the strongest advocates for popular
+ rights and the permanency of republican institutions. * * *
+</p>
+<hr>
+<p class="q">
+ * * * Each department should have a will of its own. * * * Each should
+ have its own independence secured beyond the power of being taken away
+ by either or both of the others. But at the same time the relations of
+ each to the other should be so strong that there should be a mutual
+ interest to sustain and protect each other. There should not only be
+ constitutional means, but personal motives to resist encroachments of
+ one or either of the others. Thus ambition would be made to counteract
+ ambition, the desire of power to check power, and the pressure of
+ interest to balance an opposing interest.
+</p>
+<hr>
+<p class="q">
+ * * * The judiciary is naturally and almost necessarily, as has been
+ already said, the weakest department. It can have no means of influence
+ by patronage. Its powers can never be wielded for itself. It has no
+ command over the purse or the sword of the nation. It can neither lay
+ taxes, nor appropriate money, nor command armies, nor appoint to office.
+ It is never brought into contact with the people by constant appeals and
+ solicitations and private intercourse, which belong to all the other
+ departments of Government. It is seen only in controversies or in trials
+ and punishments. Its rigid justice and impartiality give it no claims to
+ favor, however they may to respect. It stands solitary and unsupported,
+ except by that portion of public opinion which is interested only in the
+ strict administration of justice. It can rarely secure the sympathy or
+ zealous support either of the Executive or the Legislature. If they
+ are not, as is not unfrequently the case, jealous of its prerogatives,
+ the constant necessity of scrutinizing the acts of each, upon the
+ application of any private person, and the painful duty of pronouncing
+ judgment that these acts are a departure from the law or Constitution
+ can have no tendency to conciliate kindness or nourish influence. It
+ would seem, therefore, that some additional guards would, under the
+ circumstances, be necessary to protect this department from the absolute
+ dominion of the others. Yet rarely have any such guards been applied,
+ and every attempt to introduce them has been resisted with a pertinacity
+ which demonstrates how slow popular leaders are to introduce checks upon
+ their own power and how slow the people are to believe that the
+ judiciary is the real bulwark of their liberties. * * *
+</p>
+<hr>
+<p class="q">
+ * * * If any department of the Government has undue influence or
+ absorbing power, it certainly has not been the executive or judiciary.
+</p>
+<p>
+ In addition to what has been said by these distinguished writers,
+ it may also be urged that the dominant party in each House may, by the
+ expulsion of a sufficient number of members or by the exclusion from
+ representation of a requisite number of States, reduce the minority to
+ less than one-third. Congress by these means might be enabled to pass a
+ law, the objections of the President to the contrary notwithstanding,
+ which would render impotent the other two departments of the Government
+ and make inoperative the wholesome and restraining power which it was
+ intended by the framers of the Constitution should be exerted by them.
+ This would be a practical concentration of all power in the Congress
+ of the United States; this, in the language of the author of the
+ Declaration of Independence, would be "precisely the definition of
+ despotic government."
+</p>
+<p>
+ I have preferred to reproduce these teachings of the great statesmen
+ and constitutional lawyers of the early and later days of the Republic
+ rather than to rely simply upon an expression of my own opinions.
+ We can not too often recur to them, especially at a conjuncture like
+ the present. Their application to our actual condition is so apparent
+ that they now come to us a living voice, to be listened to with more
+ attention than at any previous period of our history. We have been and
+ are yet in the midst of popular commotion. The passions aroused by a
+ great civil war are still dominant. It is not a time favorable to that
+ calm and deliberate judgment which is the only safe guide when radical
+ changes in our institutions are to be made. The measure now before me is
+ one of those changes. It initiates an untried experiment for a people
+ who have said, with one voice, that it is not for their good. This alone
+ should make us pause, but it is not all. The experiment has not been
+ tried, or so much as demanded, by the people of the several States for
+ themselves. In but few of the States has such an innovation been allowed
+ as giving the ballot to the colored population without any other
+ qualification than a residence of one year, and in most of them the
+ denial of the ballot to this race is absolute and by fundamental law
+ placed beyond the domain of ordinary legislation. In most of those
+ States the evil of such suffrage would be partial, but, small as it
+ would be, it is guarded by constitutional barriers. Here the innovation
+ assumes formidable proportions, which may easily grow to such an extent
+ as to make the white population a subordinate element in the body
+ politic.
+</p>
+<p>
+ After full deliberation upon this measure, I can not bring myself to
+ approve it, even upon local considerations, nor yet as the beginning of
+ an experiment on a larger scale. I yield to no one in attachment to that
+ rule of general suffrage which distinguishes our policy as a nation.
+ But there is a limit, wisely observed hitherto, which makes the ballot
+ a privilege and a trust, and which requires of some classes a time
+ suitable for probation and preparation. To give it indiscriminately to
+ a new class, wholly unprepared by previous habits and opportunities to
+ perform the trust which it demands, is to degrade it, and finally to
+ destroy its power, for it may be safely assumed that no political truth
+ is better established than that such indiscriminate and all-embracing
+ extension of popular suffrage must end at last in its destruction.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 28, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I return to the Senate, in which House it originated, a bill entitled
+ "An act to admit the State of Colorado into the Union," to which I can
+ not, consistently with my sense of duty, give my approval. With the
+ exception of an additional section, containing new provisions, it is
+ substantially the same as the bill of a similar title passed by Congress
+ during the last session, submitted to the President for his approval,
+ returned with the objections contained in a message bearing date the
+ 15th of May last, and yet awaiting the reconsideration of the Senate.
+</p>
+<p>
+ A second bill, having in view the same purpose, has now passed both
+ Houses of Congress and been presented for my signature. Having again
+ carefully considered the subject, I have been unable to perceive any
+ reason for changing the opinions which have already been communicated to
+ Congress. I find, on the contrary, that there are many objections to the
+ proposed legislation of which I was not at that time aware, and that
+ while several of those which I then assigned have in the interval gained
+ in strength, yet others have been created by the altered character of
+ the measures now submitted.
+</p>
+<p>
+ The constitution under which the State government is proposed to be
+ formed very properly contains a provision that all laws in force at the
+ time of its adoption and the admission of the State into the Union shall
+ continue as if the constitution had not been adopted. Among those laws
+ is one absolutely prohibiting negroes and mulattoes from voting. At the
+ recent session of the Territorial legislature a bill for the repeal of
+ this law, introduced into the council, was almost unanimously rejected;
+ and at the very time when Congress was engaged in enacting the bill now
+ under consideration the legislature passed an act excluding negroes and
+ mulattoes from the right to sit as jurors. This bill was vetoed by the
+ governor of the Territory, who held that by the laws of the United
+ States negroes and mulattoes are citizens, and subject to the duties, as
+ well as entitled to the rights, of citizenship. The bill, however, was
+ passed, the objections of the governor to the contrary notwithstanding,
+ and is now a law of the Territory. Yet in the bill now before me, by
+ which it is proposed to admit the Territory as a State, it is provided
+ that "there shall be no denial of the elective franchise or any other
+ rights to any person by reason of race or color, excepting Indians not
+ taxed."
+</p>
+<p>
+ The incongruity thus exhibited between the legislation of Congress and
+ that of the Territory, taken in connection with the protest against the
+ admission of the State hereinafter referred to, would seem clearly to
+ indicate the impolicy and injustice of the proposed enactment.
+</p>
+<p>
+ It might, indeed, be a subject of grave inquiry, and doubtless will
+ result in such inquiry if this bill becomes a law, whether it does not
+ attempt to exercise a power not conferred upon Congress by the Federal
+ Constitution. That instrument simply declares that Congress may admit
+ new States into the Union. It nowhere says that Congress may make new
+ States for the purpose of admitting them into the Union or for any other
+ purpose; and yet this bill is as clear an attempt to make the
+ institutions as any in which the people themselves could engage.
+</p>
+<p>
+ In view of this action of Congress, the house of representatives of the
+ Territory have earnestly protested against being forced into the Union
+ without first having the question submitted to the people. Nothing could
+ be more reasonable than the position which they thus assume; and it
+ certainly can not be the purpose of Congress to force upon a community
+ against their will a government which they do not believe themselves
+ capable of sustaining.
+</p>
+<p>
+ The following is a copy of the protest alluded to as officially
+ transmitted to me:
+</p>
+<p class="q">
+ Whereas it is announced in the public prints that it is the intention
+ of Congress to admit Colorado as a State into the Union: Therefore,
+</p><p class="q">
+ <i>Resolved by the house of representatives of the Territory</i>, That,
+ representing, as we do, the last and only legal expression of public
+ opinion on this question, we earnestly protest against the passage of a
+ law admitting the State without first having the question submitted to
+ a vote of the people, for the reasons, first, that we have a right to a
+ voice in the selection of the character of our government; second, that
+ we have not a sufficient population to support the expenses of a State
+ government. For these reasons we trust that Congress will not force upon
+ us a government against our will.
+</p>
+<p>
+ Upon information which I considered reliable, I assumed in my message of
+ the 15th of May last that the population of Colorado was not more than
+ 30,000, and expressed the opinion that this number was entirely too
+ small either to assume the responsibilities or to enjoy the privileges
+ of a State.
+</p>
+<p>
+ It appears that previous to that time the legislature, with a view
+ to ascertain the exact condition of the Territory, had passed a law
+ authorizing a census of the population to be taken. The law made it
+ the duty of the assessors in the several counties to take the census
+ in connection with the annual assessments, and, in order to secure
+ a correct enumeration of the population, allowed them a liberal
+ compensation for the service by paying them for every name returned,
+ and added to their previous oath of office an oath to perform this
+ duty with fidelity.
+</p>
+<p>
+ From the accompanying official report it appears that returns have been
+ received from fifteen of the eighteen counties into which the State is
+ divided, and that their population amounts in the aggregate to 24,909.
+ The three remaining counties are estimated to contain 3,000, making a
+ total population of 27,909.
+</p>
+<p>
+ This census was taken in the summer season, when it is claimed that the
+ population is much larger than at any other period, as in the autumn
+ miners in large numbers leave their work and return to the East with the
+ results of their summer enterprise.
+</p>
+<p>
+ The population, it will be observed, is but slightly in excess of
+ one-fifth of the number required as the basis of representation for a
+ single Congressional district in any of the States&mdash;the number being
+ 127,000.
+</p>
+<p>
+ I am unable to perceive any good reason for such great disparity in the
+ right of representation, giving, as it would, to the people of Colorado
+ not only this vast advantage in the House of Representatives, but an
+ equality in the Senate, where the other States are represented by
+ millions. With perhaps a single exception, no such inequality as this
+ has ever before been attempted. I know that it is claimed that the
+ population of the different States at the time of their admission has
+ varied at different periods, but it has not varied much more than the
+ population of each decade and the corresponding basis of representation
+ for the different periods.
+</p>
+<p>
+ The obvious intent of the Constitution was that no State should be
+ admitted with a less population than the ratio for a Representative at
+ the time of application. The limitation in the second section of the
+ first article of the Constitution, declaring that "each State shall have
+ at least one Representative," was manifestly designed to protect the
+ States which originally composed the Union from being deprived, in
+ the event of a waning population, of a voice in the popular branch of
+ Congress, and was never intended as a warrant to force a new State into
+ the Union with a representative population far below that which might at
+ the time be required of sister members of the Confederacy. This bill, in
+ view of the prohibition of the same section, which declares that "the
+ number of Representatives shall not exceed one for every 30,000," is at
+ least a violation of the spirit if not the letter of the Constitution.
+</p>
+<p>
+ It is respectfully submitted that however Congress, under the pressure
+ of circumstances, may have admitted two or three States with less than
+ a representative population at the time, there has been no instance in
+ which an application for admission has ever been entertained when the
+ population, as officially ascertained, was below 30,000.
+</p>
+<p>
+ Were there any doubt of this being the true construction of the
+ Constitution, it would be dispelled by the early and long-continued
+ practice of the Federal Government. For nearly sixty years after the
+ adoption of the Constitution no State was admitted with a population
+ believed at the time to be less than the current ratio for a
+ Representative, and the first instance in which there appears to have
+ been a departure from the principle was in 1845, in the case of Florida.
+ Obviously the result of sectional strife, we would do well to regard it
+ as a warning of evil rather than as an example for imitation; and I
+ think candid men of all parties will agree that the inspiring cause of
+ the violation of this wholesome principle of restraint is to be found
+ in a vain attempt to balance these antagonisms, which refused to be
+ reconciled except through the bloody arbitrament of arms. The plain
+ facts of our history will attest that the great and leading States
+ admitted since 1845, viz, Iowa, Wisconsin, California, Minnesota, and
+ Kansas, including Texas, which was admitted that year, have all come
+ with an ample population for one Representative, and some of them with
+ nearly or quite enough for two.
+</p>
+<p>
+ To demonstrate the correctness of my views on this question, I subjoin
+ a table containing a list of the States admitted since the adoption
+ of the Federal Constitution, with the date of admission, the ratio of
+ representation, and the representative population when admitted, deduced
+ from the United States census tables, the calculation being made for the
+ period of the decade corresponding with the date of admission.
+</p>
+<p>
+ Colorado, which it is now proposed to admit as a State, contains, as has
+ already been stated, a population less than 28,000, while the present
+ ratio of representation is 127,000.
+</p>
+<p>
+ There can be no reason that I can perceive for the admission of
+ Colorado that would not apply with equal force to nearly every other
+ Territory now organized; and I submit whether, if this bill become a
+ law, it will be possible to resist the logical conclusion that such
+ Territories as Dakota, Montana, and Idaho must be received as States
+ whenever they present themselves, without regard to the number of
+ inhabitants they may respectively contain. Eight or ten new Senators and
+ four or five new members of the House of Representatives would thus be
+ admitted to represent a population scarcely exceeding that which in any
+ other portion of the nation is entitled to but a single member of the
+ House of Representatives, while the average for two Senators in the
+ Union, as now constituted, is at least 1,000,000 people. It would surely
+ be unjust to all other sections of the Union to enter upon a policy with
+ regard to the admission of new States which might result in conferring
+ such a disproportionate share of influence in the National Legislature
+ upon communities which, in pursuance of the wise policy of our fathers,
+ should for some years to come be retained under the fostering care
+ and protection of the National Government. If it is deemed just and
+ expedient now to depart from the settled policy of the nation during
+ all its history, and to admit all the Territories to the rights and
+ privileges of States, irrespective of their population or fitness
+ for such government, it is submitted whether it would not be well to
+ devise such measures as will bring the subject before the country for
+ consideration and decision. This would seem to be eminently wise,
+ because, as has already been stated, if it is right to admit Colorado
+ now there is no reason for the exclusion of the other Territories.
+</p>
+<p>
+ It is no answer to these suggestions that an enabling act was passed
+ authorizing the people of Colorado to take action on this subject. It is
+ well known that that act was passed in consequence of representations
+ that the population reached, according to some statements, as high as
+ 80,000, and to none less than 50,000, and was growing with a rapidity
+ which by the time the admission could be consummated would secure a
+ population of over 100,000. These representations proved to have been
+ wholly fallacious, and in addition the people of the Territory by a
+ deliberate vote decided that they would not assume the responsibilities
+ of a State government. By that decision they utterly exhausted all power
+ that was conferred by the enabling act, and there has been no step taken
+ since in relation to the admission that has had the slightest sanction
+ or warrant of law.
+</p>
+<p>
+ The proceeding upon which the present application is based was in the
+ utter absence of all law in relation to it, and there is no evidence
+ that the votes on the question of the formation of a State government
+ bear any relation whatever to the sentiment of the Territory. The
+ protest of the house of representatives previously quoted is conclusive
+ evidence to the contrary.
+</p>
+<p>
+ But if none of these reasons existed against this proposed enactment,
+ the bill itself, besides being inconsistent in its provisions in
+ conferring power upon a person unknown to the laws and who may never
+ have a legal existence, is so framed as to render its execution almost
+ impossible. It is, indeed, a question whether it is not in itself a
+ nullity. To say the least, it is of exceedingly doubtful propriety to
+ confer the power proposed in this bill upon the "governor elect," for as
+ by its own terms the constitution is not to take effect until after the
+ admission of the State, he in the meantime has no more authority than
+ any other private citizen. But even supposing him to be clothed with
+ sufficient authority to convene the legislature, what constitutes the
+ "State legislature" to which is to be referred the submission of the
+ conditions imposed by Congress? Is it a new body to be elected and
+ convened by proclamation of the "governor elect," or is it that body
+ which met more than a year ago under the provisions of the State
+ constitution? By reference to the second section of the schedule and to
+ the eighteenth section of the fourth article of the State constitution
+ it will be seen that the term of the members of the house of
+ representatives and that of one-half of the members of the senate
+ expired on the first Monday of the present month. It is clear that if
+ there were no intrinsic objections to the bill itself in relation to
+ purposes to be accomplished this objection would be fatal, as, it is
+ apparent that the provisions of the third section of the bill to admit
+ Colorado have reference to a period and a state of facts entirely
+ different from the present and affairs as they now exist, and if carried
+ into effect must necessarily lead to confusion.
+</p>
+<p>
+ Even if it were settled that the old and not a new body were to act, it
+ would be found impracticable to execute the law, because a considerable
+ number of the members, as I am informed, have ceased to be residents of
+ the Territory, and in the sixty days within which the legislature is to
+ be convened after the passage of the act there would not be sufficient
+ time to fill the vacancies by new elections, were there any authority
+ under which they could be held.
+</p>
+<p>
+ It may not be improper to add that if these proceedings were all regular
+ and the result to be obtained were desirable, simple justice to the
+ people of the Territory would require a longer period than sixty days
+ within which to obtain action on the conditions proposed by the third
+ section of the bill. There are, as is well known, large portions of the
+ Territory with which there is and can be no general communication, there
+ being several counties which from November to May can only be reached by
+ persons traveling on foot, while with other regions of the Territory,
+ occupied by a large portion of the population, there is very little more
+ freedom of access. Thus, if this bill should become a law, it would be
+ impracticable to obtain any expression of public sentiment in reference
+ to its provisions, with a view to enlighten the legislature, if the old
+ body were called together, and, of course, equally impracticable to
+ procure the election of a new body. This defect might have been remedied
+ by an extension of the time and a submission of the question to the
+ people, with a fair opportunity to enable them to express their
+ sentiments.
+</p>
+<p>
+ The admission of a new State has generally been regarded as an epoch in
+ our history marking the onward progress of the nation; but after the
+ most careful and anxious inquiry on the subject I can not perceive that
+ the proposed proceeding is in conformity with the policy which from the
+ origin of the Government has uniformly prevailed in the admission of new
+ States. I therefore return the bill to the Senate without my signature.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="border: solid; border-style: thin; border-width: .05em;">
+<table width="100%" summary="population and admission date information for various states">
+<tr style="font-weight: bold;"><td width="25%"> States</td><td align="right" width="25%">Admitted. </td><td align="right" width="25%">Ratio. </td><td align="right" width="25%">Population.</td></tr>
+<tr><td> Vermont</td><td align="right">1791 </td><td align="right">33,000 </td><td align="right">92,320</td></tr>
+<tr><td> Kentucky </td><td align="right">1792 </td><td align="right">33,000 </td><td align="right">95,638</td></tr>
+<tr><td> Tennessee</td><td align="right">1796 </td><td align="right">33,000 </td><td align="right">73,864</td></tr>
+<tr><td> Ohio </td><td align="right">1802 </td><td align="right">33,000 </td><td align="right">82,443</td></tr>
+<tr><td> Louisiana</td><td align="right">1812 </td><td align="right">35,000 </td><td align="right">75,212</td></tr>
+<tr><td> Indiana</td><td align="right">1816 </td><td align="right">35,000 </td><td align="right">98,110</td></tr>
+<tr><td> Mississippi</td><td align="right">1817 </td><td align="right">35,000 </td><td align="right">53,677</td></tr>
+<tr><td> Illinois </td><td align="right">1818 </td><td align="right">35,000 </td><td align="right">46,274</td></tr>
+<tr><td> Alabama</td><td align="right">1819 </td><td align="right">35,000 </td><td align="right">111,150</td></tr>
+<tr><td> Maine</td><td align="right">1820 </td><td align="right">35,000 </td><td align="right">298,335</td></tr>
+<tr><td> Missouri </td><td align="right">1821 </td><td align="right">35,000 </td><td align="right">69,260</td></tr>
+<tr><td> Arkansas </td><td align="right">1836 </td><td align="right">47,700 </td><td align="right">65,175</td></tr>
+<tr><td> Michigan </td><td align="right">1837 </td><td align="right">47,700 </td><td align="right">158,073</td></tr>
+<tr><td> Florida</td><td align="right">1845 </td><td align="right">70,680 </td><td align="right">57,951</td></tr>
+<tr><td> Texas</td><td align="right">1845 </td><td align="right">70,680 </td><td align="right"><a href="#note-17"><small>17</small></a> 189,327 </td></tr>
+<tr><td> Iowa </td><td align="right">1846 </td><td align="right">70,680 </td><td align="right">132,527</td></tr>
+<tr><td> Wisconsin</td><td align="right">1848 </td><td align="right">70,680 </td><td align="right">250,497</td></tr>
+<tr><td> California </td><td align="right">1850 </td><td align="right">70,680 </td><td align="right">92,597</td></tr>
+<tr><td> Oregon </td><td align="right">1858 </td><td align="right">93,492 </td><td align="right">44,630</td></tr>
+<tr><td> Minnesota</td><td align="right">1859 </td><td align="right">93,492 </td><td align="right">138,909</td></tr>
+<tr><td> Kansas </td><td align="right">1861 </td><td align="right">93,492 </td><td align="right">107,206</td></tr>
+<tr><td> West Virginia</td><td align="right">1862 </td><td align="right">93,492 </td><td align="right">349,628</td></tr>
+<tr><td> Nevada </td><td align="right">1864 </td><td align="right">127,000 </td><td align="right">Not known.</td></tr>
+</table>
+</div>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I return for reconsideration a bill entitled "An act for the admission
+ of the State of Nebraska into the Union," which originated in the Senate
+ and has received the assent of both Houses of Congress. A bill having in
+ view the same object was presented for my approval a few hours prior to
+ the adjournment of the last session, but, submitted at a time when there
+ was no opportunity for a proper consideration of the subject, I withheld
+ my signature and the measure failed to become a law.
+</p>
+<p>
+ It appears by the preamble of this bill that the people of Nebraska,
+ availing themselves of the authority conferred upon them by the act
+ passed on the 19th day of April, 1864, "have adopted a constitution
+ which, upon due examination, is found to conform to the provisions and
+ comply with the conditions of said act, and to be republican in its form
+ of government, and that they now ask for admission into the Union."
+ This proposed law would therefore seem to be based upon the declaration
+ contained in the enabling act that upon compliance with its terms the
+ people of Nebraska should be admitted into the Union upon an equal
+ footing with the original States. Reference to the bill, however, shows
+ that while by the first section Congress distinctly accepts, ratifies,
+ and confirms the Constitution and State government which the people of
+ the Territory have formed for themselves, declares Nebraska to be one
+ of the United States of America, and admits her into the Union upon an
+ equal footing with the original States in all respects whatsoever, the
+ third section provides that this measure "shall not take effect except
+ upon the fundamental condition that within the State of Nebraska there
+ shall be no denial of the elective franchise, or of any other right,
+ to any person by reason of race or color, excepting Indians not
+ taxed; and upon the further fundamental condition that the legislature
+ of said State, by a solemn public act, shall declare the assent of
+ said State to the said fundamental condition, and shall transmit to
+ the President of the United States an authentic copy of said act, upon
+ receipt whereof the President, by proclamation, shall forthwith announce
+ the fact, whereupon said fundamental condition shall be held as a part
+ of the organic law of the State; and thereupon, and without any further
+ proceeding on the part of Congress, the admission of said State into the
+ Union shall be considered as complete." This condition is not mentioned
+ in the original enabling act; was not contemplated at the time of its
+ passage; was not sought by the people themselves; has not heretofore
+ been applied to the inhabitants of any State asking admission, and is in
+ direct conflict with the constitution adopted by the people and declared
+ in the preamble "to be republican in its form of government," for in
+ that instrument the exercise of the elective franchise and the right
+ to hold office are expressly limited to white citizens of the United
+ States. Congress thus undertakes to authorize and compel the legislature
+ to change a constitution which, it is declared in the preamble, has
+ received the sanction of the people, and which by this bill is
+ "accepted, ratified, and confirmed" by the Congress of the nation.
+</p>
+<p>
+ The first and third sections of the bill exhibit yet further
+ incongruity. By the one Nebraska is "admitted into the Union upon an
+ equal footing with the original States in all respects whatsoever,"
+ while by the other Congress demands as a condition precedent to her
+ admission requirements which in our history have never been asked of
+ any people when presenting a constitution and State government for the
+ acceptance of the lawmaking power. It is expressly declared by the third
+ section that the bill "shall not take effect except upon the fundamental
+ condition that within the State of Nebraska there shall be no denial of
+ the elective franchise, or of any other right, to any person by reason
+ of race or color, excepting Indians not taxed." Neither more nor less
+ than the assertion of the right of Congress to regulate the elective
+ franchise of any State hereafter to be admitted, this condition is in
+ clear violation of the Federal Constitution, under the provisions of
+ which, from the very foundation of the Government, each State has been
+ left free to determine for itself the qualifications necessary for
+ the exercise of suffrage within its limits. Without precedent in our
+ legislation, it is in marked contrast with those limitations which,
+ imposed upon States that from time to time have become members of the
+ Union, had for their object the single purpose of preventing any
+ infringement of the Constitution of the country.
+</p>
+<p>
+ If Congress is satisfied that Nebraska at the present time possesses
+ sufficient population to entitle her to full representation in the
+ councils of the nation, and that her people desire an exchange of a
+ Territorial for a State government, good faith would seem to demand that
+ she should be admitted without further requirements than those expressed
+ in the enabling act, with all of which, it is asserted in the preamble,
+ her inhabitants have complied. Congress may, under the Constitution,
+ admit new States or reject them, but the people of a State can alone
+ make or change their organic law and prescribe the qualifications
+ requisite for electors. Congress, however, in passing the bill in the
+ shape in which it has been submitted for my approval, does not merely
+ reject the application of the people of Nebraska for present admission
+ as a State into the Union, on the ground that the constitution which
+ they have submitted restricts the exercise of the elective franchise to
+ the white population, but imposes conditions which, if accepted by the
+ legislature, may, without the consent of the people, so change the
+ organic law as to make electors of all persons within the State without
+ distinction of race or color. In view of this fact, I suggest for the
+ consideration of Congress whether it would not be just, expedient, and
+ in accordance with the principles of our Government to allow the people,
+ by popular vote or through a convention chosen by themselves for that
+ purpose, to declare whether or not they will accept the terms upon which
+ it is now proposed to admit them into the Union. This course would
+ not occasion much greater delay than that which the bill contemplates
+ when it requires that the legislature shall be convened within thirty
+ days after this measure shall have become a law for the purpose of
+ considering and deciding the conditions which it imposes, and gains
+ additional force when we consider that the proceedings attending the
+ formation of the State constitution were not in conformity with the
+ provisions of the enabling act; that in an aggregate vote of 7,776 the
+ majority in favor of the constitution did not exceed 100; and that it is
+ alleged that, in consequence of frauds, even this result can not be
+ received as a fair expression of the wishes of the people. As upon them
+ must fall the burdens of a State organization, it is but just that they
+ should be permitted to determine for themselves a question which so
+ materially affects their interests. Possessing a soil and a climate
+ admirably adapted to those industrial pursuits which bring prosperity
+ and greatness to a people, with the advantage of a central position
+ on the great highway that will soon connect the Atlantic and Pacific
+ States, Nebraska is rapidly gaining in numbers and wealth, and may
+ within a very brief period claim admission on grounds which will
+ challenge and secure universal assent. She can therefore wisely and
+ patiently afford to wait. Her population is said to be steadily and
+ even rapidly increasing, being now generally conceded as high as 40,000,
+ and estimated by some whose judgment is entitled to respect at a still
+ greater number. At her present rate of growth she will in a very short
+ time have the requisite population for a Representative in Congress,
+ and, what is far more important to her own citizens, will have realized
+ such an advance in material wealth as will enable the expenses of a
+ State government to be borne without oppression to the taxpayer. Of new
+ communities it may be said with special force&mdash;and it is true of old
+ ones&mdash;that the inducement to emigrants, other things being equal, is in
+ almost the precise ratio of the rate of taxation. The great States of
+ the Northwest owe their marvelous prosperity largely to the fact that
+ they were continued as Territories until they had growth to be wealthy
+ and populous communities.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 2, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have carefully examined the bill "to regulate the tenure of certain
+ civil offices." The material portion of the bill is contained in the
+ first section, and is of the effect following, namely:
+</p>
+<p class="q">
+ That every person holding any civil office to which he has been
+ appointed, by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled
+ to hold such office until a successor shall have been appointed
+ by the President, with the advice and consent of the Senate, and duly
+ qualified; and that the Secretaries of State, of the Treasury, of War,
+ of the Navy, and of the Interior, the Postmaster-General, and the
+ Attorney-General shall hold their offices respectively for and during
+ the term of the President by whom they may have been appointed and for
+ one month thereafter, subject to removal by and with the advice and
+ consent of the Senate.
+</p>
+<p>
+ These provisions are qualified by a reservation in the fourth section,
+ "that nothing contained in the bill shall be construed to extend the
+ term of any office the duration of which is limited by law." In effect
+ the bill provides that the President shall not remove from their places
+ any of the civil officers whose terms of service are not limited by law
+ without the advice and consent of the Senate of the United States. The
+ bill in this respect conflicts, in my judgment, with the Constitution
+ of the United States. The question, as Congress is well aware, is by no
+ means a new one. That the power of removal is constitutionally vested
+ in the President of the United States is a principle which has been not
+ more distinctly declared by judicial authority and judicial commentators
+ than it has been uniformly practiced upon by the legislative and
+ executive departments of the Government. The question arose in the House
+ of Representatives so early as the 16th of June, 1789, on the bill for
+ establishing an Executive Department denominated "the Department of
+ Foreign Affairs." The first clause of the bill, after recapitulating
+ the functions of that officer and defining his duties, had these words:
+ "To be removable from office by the President of the United States."
+ It was moved to strike out these words and the motion was sustained
+ with great ability and vigor. It was insisted that the President could
+ not constitutionally exercise the power of removal exclusively of the
+ Senate; that the Federalist so interpreted the Constitution when arguing
+ for its adoption by the several States; that the Constitution had
+ nowhere given the President power of removal, either expressly or by
+ strong implication, but, on the contrary, had distinctly provided for
+ removals from office by impeachment only.
+</p>
+<p>
+ A construction which denied the power of removal by the President was
+ further maintained by arguments drawn from the danger of the abuse of
+ the power; from the supposed tendency of an exposure of public officers
+ to capricious removal to impair the efficiency of the civil service;
+ from the alleged injustice and hardship of displacing incumbents
+ dependent upon their official stations without sufficient consideration;
+ from a supposed want of responsibility on the part of the President, and
+ from an imagined defect of guaranties against a vicious President who
+ might incline to abuse the power. On the other hand, an exclusive power
+ of removal by the President was defended as a true exposition of the
+ text of the Constitution. It was maintained that there are certain
+ causes for which persons ought to be removed from office without being
+ guilty of treason, bribery, or malfeasance, and that the nature of
+ things demands that it should be so. "Suppose," it was said, "a man
+ becomes insane by the visitation of God and is likely to ruin our
+ affairs; are the hands of the Government to be confined from warding off
+ the evil? Suppose a person in office not possessing the talents he was
+ judged to have at the time of the appointment; is the error not to be
+ corrected? Suppose he acquires vicious habits and incurable indolence or
+ total neglect of the duties of his office, which shall work mischief to
+ the public welfare; is there no way to arrest the threatened danger?
+ Suppose he becomes odious and unpopular by reason of the measures he
+ pursues&mdash;and this he may do without committing any positive offense
+ against the law; must he preserve his office in despite of the popular
+ will? Suppose him grasping for his own aggrandizement and the elevation
+ of his connections by every means short of the treason defined by the
+ Constitution, hurrying your affairs to the precipice of destruction,
+ endangering your domestic tranquillity, plundering you of the means of
+ defense, alienating the affections of your allies and promoting the
+ spirit of discord; must the tardy, tedious, desultory road by way of
+ impeachment be traveled to overtake the man who, barely confining
+ himself within the letter of the law, is employed in drawing off the
+ vital principle of the Government? The nature of things, the great
+ objects of society, the express objects of the Constitution itself,
+ require that this thing should be otherwise. To unite the Senate with
+ the President in the exercise of the power," it was said, "would involve
+ us in the most serious difficulty. Suppose a discovery of any of those
+ events should take place when the Senate is not in session; how is the
+ remedy to be applied? The evil could be avoided in no other way than by
+ the Senate sitting always." In regard to the danger of the power being
+ abused if exercised by one man it was said "that the danger is as great
+ with respect to the Senate, who are assembled from various parts of the
+ continent, with different impressions and opinions;" "that such a body
+ is more likely to misuse the power of removal than the man whom the
+ united voice of America calls to the Presidential chair. As the nature
+ of government requires the power of removal," it was maintained "that it
+ should be exercised in this way by the hand capable of exerting itself
+ with effect; and the power must be conferred on the President by the
+ Constitution as the executive officer of the Government."
+</p>
+<p>
+ Mr. Madison, whose adverse opinion in the Federalist had been relied
+ upon by those who denied the exclusive power, now participated in the
+ debate. He declared that he had reviewed his former opinions, and he
+ summed up the whole case as follows:
+</p>
+<p class="q">
+ The Constitution affirms that the executive power is vested in the
+ President. Are there exceptions to this proposition? Yes; there are.
+ The Constitution says that in appointing to office the Senate shall be
+ associated with the President, unless in the case of inferior officers,
+ when the law shall otherwise direct. Have we (that is, Congress) a
+ right to extend this exception? I believe not. If the Constitution has
+ invested all executive power in the President, I venture to assert
+ that the Legislature has no right to diminish or modify his executive
+ authority. The question now resolves itself into this: Is the power of
+ displacing an executive power? I conceive that if any power whatsoever
+ is in the Executive it is the power of appointing, overseeing, and
+ controlling those who execute the laws. If the Constitution had not
+ qualified the power of the President in appointing to office by
+ associating the Senate with him in that business, would it not be clear
+ that he would have the right by virtue of his executive power to make
+ such appointment? Should we be authorized in defiance of that clause
+ in the Constitution, "The executive power shall be vested in the
+ President," to unite the Senate with the President in the appointment
+ to office? I conceive not. If it is admitted that we should not be
+ authorized to do this, I think it may be disputed whether we have a
+ right to associate them in removing persons from office, the one power
+ being as much of an executive nature as the other; and the first one is
+ authorized by being excepted out of the general rule established by the
+ Constitution in these words: "The executive power shall be vested in the
+ President."
+</p>
+<p>
+ The question, thus ably and exhaustively argued, was decided by the
+ House of Representatives, by a vote of 34 to 20, in favor of the
+ principle that the executive power of removal is vested by the
+ Constitution in the Executive, and in the Senate by the casting vote
+ of the Vice-President.
+</p>
+<p>
+ The question has often been raised in subsequent times of high
+ excitement, and the practice of the Government has, nevertheless,
+ conformed in all cases to the decision thus early made.
+</p>
+<p>
+ The question was revived during the Administration of President Jackson,
+ who made, as is well recollected, a very large number of removals, which
+ were made an occasion of close and rigorous scrutiny and remonstrance.
+ The subject was long and earnestly debated in the Senate, and the early
+ construction of the Constitution was, nevertheless, freely accepted as
+ binding and conclusive upon Congress.
+</p>
+<p>
+ The question came before the Supreme Court of the United States in
+ January, 1839, <i>ex parte</i> Hennen. It was declared by the court on that
+ occasion that the power of removal from office was a subject much
+ disputed, and upon which a great diversity of opinion was entertained in
+ the early history of the Government. This related, however, to the power
+ of the President to remove officers appointed with the concurrence of
+ the Senate, and the great question was whether the removal was to be
+ by the President alone or with the concurrence of the Senate, both
+ constituting the appointing power. No one denied the power of the
+ President and Senate jointly to remove where the tenure of the office
+ was not fixed by the Constitution, which was a full recognition of the
+ principle that the power of removal was incident to the power of
+ appointment; but it was very early adopted as a practical construction
+ of the Constitution that this power was vested in the President alone,
+ and such would appear to have been the legislative construction of the
+ Constitution, for in the organization of the three great Departments of
+ State, War, and Treasury, in the year 1789, provision was made for the
+ appointment of a subordinate officer by the head of the Department, who
+ should have charge of the records, books, and papers appertaining to the
+ office when the head of the Department should be removed from office
+ by the President of the United States. When the Navy Department was
+ established, in the year 1798, provision was made for the charge and
+ custody of the books, records, and documents of the Department in case
+ of vacancy in the office of Secretary by removal or otherwise. It is not
+ here said "by removal of the President," as is done with respect to the
+ heads of the other Departments, yet there can be no doubt that he holds
+ his office with the same tenure as the other Secretaries and is
+ removable by the President. The change of phraseology arose, probably,
+ from its having become the settled and well-understood construction of
+ the Constitution that the power of removal was vested in the President
+ alone in such cases, although the appointment of the officer is by the
+ President and Senate. (13 Peters, p. 139.)
+</p>
+<p>
+ Our most distinguished and accepted commentators upon the Constitution
+ concur in the construction thus early given by Congress, and thus
+ sanctioned by the Supreme Court. After a full analysis of the
+ Congressional debate to which I have referred, Mr. Justice Story comes
+ to this conclusion:
+</p>
+<p class="q">
+ After a most animated discussion, the vote finally taken in the House
+ of Representatives was affirmative of the power of removal in the
+ President, without any cooperation of the Senate, by the vote of 34
+ members against 20. In the Senate the clause in the bill affirming the
+ power was carried by the casting vote of the Vice-President. That the
+ final decision of this question so made was greatly influenced by the
+ exalted character of the President then in office was asserted at the
+ time and has always been believed; yet the doctrine was opposed as well
+ as supported by the highest talents and patriotism of the country. The
+ public have acquiesced in this decision, and it constitutes, perhaps,
+ the most extraordinary case in the history of the Government of a power
+ conferred by implication on the Executive by the assent of a bare
+ majority of Congress which has not been questioned on many other
+ occasions.
+</p>
+<p>
+ The commentator adds:
+</p>
+<p class="q">
+ Nor is this general acquiescence and silence without a satisfactory
+ explanation.
+</p>
+<p>
+ Chancellor Kent's remarks on the subject are as follows:
+</p>
+<p class="q">
+ On the first organization of the Government it was made a question
+ whether the power of removal in case of officers appointed to hold
+ at pleasure resided nowhere but in the body which appointed, and, of
+ course, whether the consent of the Senate was not requisite to remove.
+ This was the construction given to the Constitution, while it was
+ pending for ratification before the State conventions, by the author of
+ the Federalist. But the construction which was given to the Constitution
+ by Congress, after great consideration and discussion, was different.
+ The words of the act [establishing the Treasury Department] are: "And
+ whenever the same shall be removed from office by the President of
+ the United States, or in any other case of vacancy in the office, the
+ assistant shall act." This amounted to a legislative construction of the
+ Constitution, and it has ever since been acquiesced in and acted upon
+ as a decisive authority in the case. It applies equally to every other
+ officer of the Government appointed by the President, whose term of
+ duration is not specially declared. It is supported by the weighty
+ reason that the subordinate officers in the executive department ought
+ to hold at the pleasure of the head of the department, because he is
+ invested generally with the executive authority, and the participation
+ in that authority by the Senate was an exception to a general principle
+ and ought to be taken strictly. The President is the great responsible
+ officer for the faithful execution of the law, and the power of removal
+ was incidental to that duty, and might often be requisite to fulfill it.
+</p>
+<p>
+ Thus has the important question presented by this bill been settled, in
+ the language of the late Daniel Webster (who, while dissenting from it,
+ admitted that it was settled), by construction, settled by precedent,
+ settled by the practice of the Government, and settled by statute. The
+ events of the last war furnished a practical confirmation of the wisdom
+ of the Constitution as it has hitherto been maintained in many of its
+ parts, including that which is now the subject of consideration. When
+ the war broke out, rebel enemies, traitors, abettors, and sympathizers
+ were found in every Department of the Government, as well in the civil
+ service as in the land and naval military service. They were found in
+ Congress and among the keepers of the Capitol; in foreign missions; in
+ each and all the Executive Departments; in the judicial service; in the
+ post-office, and among the agents for conducting Indian affairs. Upon
+ probable suspicion they were promptly displaced by my predecessor, so
+ far as they held their offices under executive authority, and their
+ duties were confided to new and loyal successors. No complaints against
+ that power or doubts of its wisdom were entertained in any quarter. I
+ sincerely trust and believe that no such civil war is likely to occur
+ again. I can not doubt, however, that in whatever form and on whatever
+ occasion sedition can raise an effort to hinder or embarrass or defeat
+ the legitimate action of this Government, whether by preventing the
+ collection of revenue, or disturbing the public peace, or separating the
+ States, or betraying the country to a foreign enemy, the power of
+ removal from office by the Executive, as it has heretofore existed and
+ been practiced, will be found indispensable.
+</p>
+<p>
+ Under these circumstances, as a depositary of the executive authority of
+ the nation, I do not feel at liberty to unite with Congress in reversing
+ it by giving my approval to the bill. At the early day when this
+ question was settled, and, indeed, at the several periods when it has
+ subsequently been agitated, the success of the Constitution of the
+ United States, as a new and peculiar system of free representative
+ government, was held doubtful in other countries, and was even a subject
+ of patriotic apprehension among the American people themselves. A trial
+ of nearly eighty years, through the vicissitudes of foreign conflicts
+ and of civil war, is confidently regarded as having extinguished all
+ such doubts and apprehensions for the future. During that eighty years
+ the people of the United States have enjoyed a measure of security,
+ peace, prosperity, and happiness never surpassed by any nation. It can
+ not be doubted that the triumphant success of the Constitution is due
+ to the wonderful wisdom with which the functions of government were
+ distributed between the three principal departments&mdash;the legislative,
+ the executive, and the judicial&mdash;and to the fidelity with which each
+ has confined itself or been confined by the general voice of the nation
+ within its peculiar and proper sphere. While a just, proper, and
+ watchful jealousy of executive power constantly prevails, as it ought
+ ever to prevail, yet it is equally true that an efficient Executive,
+ capable, in the language of the oath prescribed to the President, of
+ executing the laws and, within the sphere of executive action, of
+ preserving, protecting, and defending the Constitution of the United
+ States, is an indispensable security for tranquillity at home and peace,
+ honor, and safety abroad. Governments have been erected in many
+ countries upon our model. If one or many of them have thus far failed in
+ fully securing to their people the benefits which we have derived from
+ our system, it may be confidently asserted that their misfortune has
+ resulted from their unfortunate failure to maintain the integrity of
+ each of the three great departments while preserving harmony among
+ them all.
+</p>
+<p>
+ Having at an early period accepted the Constitution in regard to the
+ Executive office in the sense in which it was interpreted with the
+ concurrence of its founders, I have found no sufficient grounds in the
+ arguments now opposed to that construction or in any assumed necessity
+ of the times for changing those opinions. For these reasons I return
+ the bill to the Senate, in which House it originated, for the further
+ consideration of Congress which the Constitution prescribes. Insomuch as
+ the several parts of the bill which I have not considered are matters
+ chiefly of detail and are based altogether upon the theory of the
+ Constitution from which I am obliged to dissent, I have not thought
+ it necessary to examine them with a view to make them an occasion of
+ distinct and special objections.
+</p>
+<p>
+ Experience, I think, has shown that it is the easiest, as it is
+ also the most attractive, of studies to frame constitutions for the
+ self-government of free states and nations. But I think experience has
+ equally shown that it is the most difficult of all political labors to
+ preserve and maintain such free constitutions of self-government when
+ once happily established. I know no other way in which they can be
+ preserved and maintained except by a constant adherence to them through
+ the various vicissitudes of national existence, with such adaptations
+ as may become necessary, always to be effected, however, through the
+ agencies and in the forms prescribed in the original constitutions
+ themselves.
+</p>
+<p>
+ Whenever administration fails or seems to fail in securing any of the
+ great ends for which republican government is established, the proper
+ course seems to be to renew the original spirit and forms of the
+ Constitution itself.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 2, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have examined the bill "to provide for the more efficient government
+ of the rebel States" with the care and anxiety which its transcendent
+ importance is calculated to awaken. I am unable to give it my assent,
+ for reasons so grave that I hope a statement of them may have some
+ influence on the minds of the patriotic and enlightened men with whom
+ the decision must ultimately rest.
+</p>
+<p>
+ The bill places all the people of the ten States therein named under the
+ absolute domination of military rulers; and the preamble undertakes to
+ give the reason upon which the measure is based and the ground upon
+ which it is justified. It declares that there exists in those States no
+ legal governments and no adequate protection for life or property, and
+ asserts the necessity of enforcing peace and good order within their
+ limits. Is this true as matter of fact?
+</p>
+<p>
+ It is not denied that the States in question have each of them
+ an actual government, with all the powers&mdash;executive, judicial, and
+ legislative&mdash;which properly belong to a free state. They are organized
+ like the other States of the Union, and, like them, they make,
+ administer, and execute the laws which concern their domestic affairs.
+ An existing <i>de facto</i> government, exercising such functions as these,
+ is itself the law of the state upon all matters within its jurisdiction.
+ To pronounce the supreme law-making power of an established state
+ illegal is to say that law itself is unlawful.
+</p>
+<p>
+ The provisions which these governments have made for the preservation
+ of order, the suppression of crime, and the redress of private injuries
+ are in substance and principle the same as those which prevail in the
+ Northern States and in other civilized countries. They certainly have
+ not succeeded in preventing the commission of all crime, nor has this
+ been accomplished anywhere in the world. There, as well as elsewhere,
+ offenders sometimes escape for want of vigorous prosecution, and
+ occasionally, perhaps, by the inefficiency of courts or the prejudice of
+ jurors. It is undoubtedly true that these evils have been much increased
+ and aggravated, North and South, by the demoralizing influences of civil
+ war and by the rancorous passions which the contest has engendered. But
+ that these people are maintaining local governments for themselves which
+ habitually defeat the object of all government and render their own
+ lives and property insecure is in itself utterly improbable, and the
+ averment of the bill to that effect is not supported by any evidence
+ which has come to my knowledge. All the information I have on the
+ subject convinces me that the masses of the Southern people and those
+ who control their public acts, while they entertain diverse opinions
+ on questions of Federal policy, are completely united in the effort to
+ reorganize their society on the basis of peace and to restore their
+ mutual prosperity as rapidly and as completely as their circumstances
+ will permit.
+</p>
+<p>
+ The bill, however, would seem to show upon its face that the
+ establishment of peace and good order is not its real object. The fifth
+ section declares that the preceding sections shall cease to operate in
+ any State where certain events shall have happened. These events are,
+ first, the selection of delegates to a State convention by an election
+ at which negroes shall be allowed to vote; second, the formation of a
+ State constitution by the convention so chosen; third, the insertion
+ into the State constitution of a provision which will secure the right
+ of voting at all elections to negroes and to such white men as may
+ not be disfranchised for rebellion or felony; fourth, the submission
+ of the constitution for ratification to negroes and white men not
+ disfranchised, and its actual ratification by their vote; fifth, the
+ submission of the State constitution to Congress for examination and
+ approval, and the actual approval of it by that body; sixth, the
+ adoption of a certain amendment to the Federal Constitution by a vote
+ of the legislature elected under the new constitution; seventh, the
+ adoption of said amendment by a sufficient number of other States to
+ make it a part of the Constitution of the United States. All these
+ conditions must be fulfilled before the people of any of these States
+ can be relieved from the bondage of military domination; but when they
+ are fulfilled, then immediately the pains and penalties of the bill are
+ to cease, no matter whether there be peace and order or not, and without
+ any reference to the security of life or property. The excuse given for
+ the bill in the preamble is admitted by the bill itself not to be real.
+ The military rule which it establishes is plainly to be used, not for
+ any purpose of order or for the prevention of crime, but solely as
+ a means of coercing the people into the adoption of principles and
+ measures to which it is known that they are opposed, and upon which
+ they have an undeniable right to exercise their own judgment.
+</p>
+<p>
+ I submit to Congress whether this measure is not in its whole character,
+ scope, and object without precedent and without authority, in palpable
+ conflict with the plainest provisions of the Constitution, and utterly
+ destructive to those great principles of liberty and humanity for which
+ our ancestors on both sides of the Atlantic have shed so much blood and
+ expended so much treasure.
+</p>
+<p>
+ The ten States named in the bill are divided into five districts.
+ For each district an officer of the Army, not below the rank of a
+ brigadier-general, is to be appointed to rule over the people; and he
+ is to be supported with an efficient military force to enable him to
+ perform his duties and enforce his authority. Those duties and that
+ authority, as defined by the third section of the bill, are "to protect
+ all persons in their rights of person and property, to suppress
+ insurrection, disorder, and violence, and to punish or cause to be
+ punished all disturbers of the public peace or criminals." The power
+ thus given to the commanding officer over all the people of each
+ district is that of an absolute monarch. His mere will is to take the
+ place of all law. The law of the States is now the only rule applicable
+ to the subjects placed under his control, and that is completely
+ displaced by the clause which declares all interference of State
+ authority to be null and void. He alone is permitted to determine what
+ are rights of person or property, and he may protect them in such way as
+ in his discretion may seem proper. It places at his free disposal all
+ the lands and goods in his district, and he may distribute them without
+ let or hindrance to whom he pleases. Being bound by no State law, and
+ there being no other law to regulate the subject, he may make a criminal
+ code of his own; and he can make it as bloody as any recorded in
+ history, or he can reserve the privilege of acting upon the impulse of
+ his private passions in each case that arises. He is bound by no rules
+ of evidence; there is, indeed, no provision by which he is authorized or
+ required to take any evidence at all. Everything is a crime which he
+ chooses to call so, and all persons are condemned whom he pronounces to
+ be guilty. He is not bound to keep any record or make any report of his
+ proceedings. He may arrest his victims wherever he finds them, without
+ warrant, accusation, or proof of probable cause. If he gives them a
+ trial before he inflicts the punishment, he gives it of his grace and
+ mercy, not because he is commanded so to do.
+</p>
+<p>
+ To a casual reader of the bill it might seem that some kind of trial was
+ secured by it to persons accused of crime, but such is not the case.
+ The officer "may allow local civil tribunals to try offenders," but
+ of course this does not require that he shall do so. If any State or
+ Federal court presumes to exercise its legal jurisdiction by the trial
+ of a malefactor without his special permission, he can break it up and
+ punish the judges and jurors as being themselves malefactors. He can
+ save his friends from justice, and despoil his enemies contrary to
+ justice.
+</p>
+<p>
+ It is also provided that "he shall have power to organize military
+ commissions or tribunals:" but this power he is not commanded to
+ exercise. It is merely permissive, and is to be used only "when in his
+ judgment it may be necessary for the trial of offenders." Even if the
+ sentence of a commission were made a prerequisite to the punishment
+ of a party, it would be scarcely the slightest check upon the officer,
+ who has authority to organize it as he pleases, prescribe its mode of
+ proceeding, appoint its members from his own subordinates, and revise
+ all its decisions. Instead of mitigating the harshness of his single
+ rule, such a tribunal would be used much more probably to divide the
+ responsibility of making it more cruel and unjust.
+</p>
+<p>
+ Several provisions dictated by the humanity of Congress have
+ been inserted in the bill, apparently to restrain the power of the
+ commanding officer; but it seems to me that they are of no avail for
+ that purpose. The fourth section provides: First. That trials shall not
+ be unnecessarily delayed; but I think I have shown that the power is
+ given to punish without trial; and if so, this provision is practically
+ inoperative. Second. Cruel or unusual punishment is not to be inflicted;
+ but who is to decide what is cruel and what is unusual? The words have
+ acquired a legal meaning by long use in the courts. Can it be expected
+ that military officers will understand or follow a rule expressed in
+ language so purely technical and not pertaining in the least degree
+ to their profession? If not, then each officer may define cruelty
+ according to his own temper, and if it is not usual he will make it
+ usual. Corporal punishment, imprisonment, the gag, the ball and chain,
+ and all the almost insupportable forms of torture invented for military
+ punishment lie within the range of choice. Third. The sentence of
+ a commission is not to be executed without being approved by the
+ commander, if it affects life or liberty, and a sentence of death must
+ be approved by the President. This applies to cases in which there has
+ been a trial and sentence. I take it to be clear, under this bill, that
+ the military commander may condemn to death without even the form of a
+ trial by a military commission, so that the life of the condemned may
+ depend upon the will of two men instead of one.
+</p>
+<p>
+ It is plain that the authority here given to the military officer
+ amounts to absolute despotism. But to make it still more unendurable,
+ the bill provides that it may be delegated to as many subordinates as he
+ chooses to appoint, for it declares that he shall "punish or cause to be
+ punished." Such a power has not been wielded by any monarch in England
+ for more than five hundred years. In all that time no people who speak
+ the English language have borne such servitude. It reduces the whole
+ population of the ten States&mdash;all persons, of every color, sex, and
+ condition, and every stranger within their limits&mdash;to the most abject
+ and degrading slavery. No master ever had a control so absolute over the
+ slaves as this bill gives to the military officers over both white and
+ colored persons.
+</p>
+<p>
+ It may be answered to this that the officers of the Army are too
+ magnanimous, just, and humane to oppress and trample upon a subjugated
+ people. I do not doubt that army officers are as well entitled to this
+ kind of confidence as any other class of men. But the history of the
+ world has been written in vain if it does not teach us that unrestrained
+ authority can never be safely trusted in human hands. It is almost sure
+ to be more or less abused under any circumstances, and it has always
+ resulted in gross tyranny where the rulers who exercise it are strangers
+ to their subjects and come among them as the representatives of a
+ distant power, and more especially when the power that sends them is
+ unfriendly. Governments closely resembling that here proposed have been
+ fairly tried in Hungary and Poland, and the suffering endured by those
+ people roused the sympathies of the entire world. It was tried in
+ Ireland, and, though tempered at first by principles of English law,
+ it gave birth to cruelties so atrocious that they are never recounted
+ without just indignation. The French Convention armed its deputies with
+ this power and sent them to the southern departments of the Republic.
+ The massacres, murders, and other atrocities which they committed show
+ what the passions of the ablest men in the most civilized society will
+ tempt them to do when wholly unrestrained by law.
+</p>
+<p>
+ The men of our race in every age have struggled to tie up the hands
+ of their governments and keep them within the law, because their own
+ experience of all mankind taught them that rulers could not be relied
+ on to concede those lights which they were not legally bound to respect.
+ The head of a great empire has sometimes governed it with a mild and
+ paternal sway, but the kindness of an irresponsible deputy never yields
+ what the law does not extort from him. Between such a master and the
+ people subjected to his domination there can be nothing but enmity; he
+ punishes them if they resist his authority, and if they submit to it
+ he hates them for their servility.
+</p>
+<p>
+ I come now to a question which is, if possible, still more important.
+ Have we the power to establish and carry into execution a measure like
+ this? I answer, Certainly not, if we derive our authority from the
+ Constitution and if we are bound by the limitations which it imposes.
+</p>
+<p>
+ This proposition is perfectly clear, that no branch of the Federal
+ Government&mdash;executive, legislative, or judicial&mdash;can have any just
+ powers except those which it derives through and exercises under the
+ organic law of the Union. Outside of the Constitution we have no legal
+ authority more than private citizens, and within it we have only so
+ much as that instrument gives us. This broad principle limits all our
+ functions and applies to all subjects. It protects not only the citizens
+ of States which are within the Union, but it shields every human being
+ who comes or is brought under our jurisdiction. We have no right to do
+ in one place more than in another that which the Constitution says we
+ shall not do at all. If, therefore, the Southern States were in truth
+ out of the Union, we could not treat their people in a way which the
+ fundamental law forbids.
+</p>
+<p>
+ Some persons assume that the success of our arms in crushing the
+ opposition which was made in some of the States to the execution of the
+ Federal laws reduced those States and all their people&mdash;the innocent as
+ well as the guilty&mdash;to the condition of vassalage and gave us a power
+ over them which the Constitution does not bestow or define or limit.
+ No fallacy can be more transparent than this. Our victories subjected
+ the insurgents to legal obedience, not to the yoke of an arbitrary
+ despotism. When an absolute sovereign reduces his rebellious subjects,
+ he may deal with them according to his pleasure, because he had that
+ power before. But when a limited monarch puts down an insurrection, he
+ must still govern according to law. If an insurrection should take place
+ in one of our States against the authority of the State government and
+ end in the overthrow of those who planned it, would that take away the
+ rights of all the people of the counties where it was favored by a part
+ or a majority of the population? Could they for such a reason be wholly
+ outlawed and deprived of their representation in the legislature? I have
+ always contended that the Government of the United States was sovereign
+ within its constitutional sphere; that it executed its laws, like
+ the States themselves, by applying its coercive power directly to
+ individuals, and that it could put down insurrection with the same
+ effect as a State and no other. The opposite doctrine is the worst
+ heresy of those who advocated secession, and can not be agreed to
+ without admitting that heresy to be right.
+</p>
+<p>
+ Invasion, insurrection, rebellion, and domestic violence were
+ anticipated when the Government was framed, and the means of repelling
+ and suppressing them were wisely provided for in the Constitution; but
+ it was not thought necessary to declare that the States in which they
+ might occur should be expelled from the Union. Rebellions, which were
+ invariably suppressed, occurred prior to that out of which these
+ questions grow; but the States continued to exist and the Union remained
+ unbroken. In Massachusetts, in Pennsylvania, in Rhode Island, and in New
+ York, at different periods in our history, violent and armed opposition
+ to the United States was carried on; but the relations of those States
+ with the Federal Government were not supposed to be interrupted or
+ changed thereby after the rebellious portions of their population were
+ defeated and put down. It is true that in these earlier cases there was
+ no formal expression of a determination to withdraw from the Union, but
+ it is also true that in the Southern States the ordinances of secession
+ were treated by all the friends of the Union as mere nullities and are
+ now acknowledged to be so by the States themselves. If we admit that
+ they had any force or validity or that they did in fact take the States
+ in which they were passed out of the Union, we sweep from under our feet
+ all the grounds upon which we stand in justifying the use of Federal
+ force to maintain the integrity of the Government.
+</p>
+<p>
+ This is a bill passed by Congress in time of peace. There is not
+ in any one of the States brought under its operation either war or
+ insurrection. The laws of the States and of the Federal Government are
+ all in undisturbed and harmonious operation. The courts, State and
+ Federal, are open and in the full exercise of their proper authority.
+ Over every State comprised in these five military districts, life,
+ liberty, and property are secured by State laws and Federal laws, and
+ the National Constitution is everywhere in force and everywhere obeyed.
+ What, then, is the ground on which this bill proceeds? The title of the
+ bill announces that it is intended "for the more efficient government"
+ of these ten States. It is recited by way of preamble that no legal
+ State governments "nor adequate protection for life or property" exist
+ in those States, and that peace and good order should be thus enforced.
+ The first thing which arrests attention upon these recitals, which
+ prepare the way for martial law, is this, that the only foundation
+ upon which martial law can exist under our form of government is not
+ stated or so much as pretended. Actual war, foreign invasion, domestic
+ insurrection&mdash;none of these appear; and none of these, in fact, exist.
+ It is not even recited that any sort of war or insurrection is
+ threatened. Let us pause here to consider, upon this question of
+ constitutional law and the power of Congress, a recent decision of
+ the Supreme Court of the United States in <i>ex parte</i> Milligan.
+</p>
+<p>
+ I will first quote from the opinion of the majority of the court:
+</p>
+<p class="q">
+ Martial law can not arise from a threatened invasion. The necessity
+ must be actual and present, the invasion real, such as effectually
+ closes the courts and deposes the civil administration.
+</p>
+<p>
+ We see that martial law comes in only when actual war closes the courts
+ and deposes the civil authority; but this bill, in time of peace, makes
+ martial law operate as though we were in actual war, and becomes the
+ <i>cause</i> instead of the <i>consequence</i> of the abrogation of civil
+ authority. One more quotation:
+</p>
+<p class="q">
+ It follows from what has been said on this subject that there are
+ occasions when martial law can be properly applied. If in foreign
+ invasion or civil war the courts are actually closed, and it is
+ impossible to administer criminal justice according to law, <i>then</i>, on
+ the theater of active military operations, where war really prevails,
+ there is a necessity to furnish a substitute for the civil authority
+ thus overthrown, to preserve the safety of the army and society; and as
+ no power is left but the military, it is allowed to govern by martial
+ rule until the laws can have their free course.
+</p>
+<p>
+ I now quote from the opinion of the minority of the court, delivered by
+ Chief Justice Chase:
+</p>
+<p class="q">
+ We by no means assert that Congress can establish and apply the laws of
+ war where no war has been declared or exists. Where peace exists, the
+ laws of peace must prevail.
+</p>
+<p>
+ This is sufficiently explicit. Peace exists in all the territory to
+ which this bill applies. It asserts a power in Congress, in time of
+ peace, to set aside the laws of peace and to substitute the laws of war.
+ The minority, concurring with the majority, declares that Congress does
+ not possess that power. Again, and, if possible, more emphatically, the
+ Chief Justice, with remarkable clearness and condensation, sums up the
+ whole matter as follows:
+</p>
+<p class="q">
+ There are under the Constitution three kinds of military
+ jurisdiction&mdash;one to be exercised both in peace and war; another to be
+ exercised in time of foreign war without the boundaries of the United
+ States, or in time of rebellion and civil war within States or districts
+ occupied by rebels treated as belligerents; and a third to be exercised
+ in time of invasion or insurrection within the limits of the United
+ States, or during rebellion within the limits of the States maintaining
+ adhesion to the National Government, when the public danger requires its
+ exercise. The first of these may be called jurisdiction under military
+ law, and is found in acts of Congress prescribing rules and articles of
+ war or otherwise providing for the government of the national forces;
+ the second may be distinguished as military government, superseding
+ as far as may be deemed expedient the local law, and exercised by
+ the military commander under the direction of the President, with
+ the express or implied sanction of Congress; while the third may be
+ denominated martial law proper, and is called into action by Congress,
+ or temporarily, when the action of Congress can not be invited, and in
+ the case of justifying or excusing peril, by the President, in times of
+ insurrection or invasion or of civil or foreign war, within districts
+ or localities where ordinary law no longer adequately secures public
+ safety and private rights.
+</p>
+<p>
+ It will be observed that of the three kinds of military jurisdiction
+ which can be exercised or created under our Constitution there is but
+ one that can prevail in time of peace, and that is the code of laws
+ enacted by Congress for the government of the national forces. That body
+ of military law has no application to the citizen, nor even to the
+ citizen soldier enrolled in the militia in time of peace. But this bill
+ is not a part of that sort of military law, for that applies only to the
+ soldier and not to the citizen, whilst, contrariwise, the military law
+ provided by this bill applies only to the citizen and not to the
+ soldier.
+</p>
+<p>
+ I need not say to the representatives of the American people that their
+ Constitution forbids the exercise of judicial power in any way but
+ one&mdash;that is, by the ordained and established courts. It is equally well
+ known that in all criminal cases a trial by jury is made indispensable
+ by the express words of that instrument. I will not enlarge on the
+ inestimable value of the right thus secured to every freeman or speak
+ of the danger to public liberty in all parts of the country which must
+ ensue from a denial of it anywhere or upon any pretense. A very recent
+ decision of the Supreme Court has traced the history, vindicated the
+ dignity, and made known the value of this great privilege so clearly
+ that nothing more is needed. To what extent a violation of it might be
+ excused in time of war or public danger may admit of discussion, but we
+ are providing now for a time of profound peace, when there is not an
+ armed soldier within our borders except those who are in the service
+ of the Government. It is in such a condition of things that an act of
+ Congress is proposed which, if carried out, would deny a trial by the
+ lawful courts and juries to 9,000,000 American citizens and to their
+ posterity for an indefinite period. It seems to be scarcely possible
+ that anyone should seriously believe this consistent with a Constitution
+ which declares in simple, plain, and unambiguous language that all
+ persons shall have that right and that no person shall ever in any case
+ be deprived of it. The Constitution also forbids the arrest of the
+ citizen without judicial warrant, founded on probable cause. This bill
+ authorizes an arrest without warrant, at the pleasure of a military
+ commander. The Constitution declares that "no person shall be held to
+ answer for a capital or otherwise infamous crime unless on presentment
+ by a grand jury." This bill holds every person not a soldier answerable
+ for all crimes and all charges without any presentment. The Constitution
+ declares that "no person shall be deprived of life, liberty, or property
+ without due process of law." This bill sets aside all process of law,
+ and makes the citizen answerable in his person and property to the
+ will of one man, and as to his life to the will of two. Finally, the
+ Constitution declares that "the privilege of the writ of <i>habeas corpus</i>
+ shall not be suspended unless when, in case of rebellion or invasion,
+ the public safety may require it;" whereas this bill declares martial
+ law (which of itself suspends this great writ) in time of peace, and
+ authorizes the military to make the arrest, and gives to the prisoner
+ only one privilege, and that is a trial "without unnecessary delay."
+ He has no hope of release from custody, except the hope, such as it is,
+ of release by acquittal before a military commission.
+</p>
+<p>
+ The United States are bound to guarantee to each State a republican form
+ of government. Can it be pretended that this obligation is not palpably
+ broken if we carry out a measure like this, which wipes away every
+ vestige of republican government in ten States and puts the life,
+ property, liberty, and honor of all the people in each of them under
+ the domination of a single person clothed with unlimited authority?
+</p>
+<p>
+ The Parliament of England, exercising the omnipotent power which it
+ claimed, was accustomed to pass bills of attainder; that is to say, it
+ would convict men of treason and other crimes by legislative enactment.
+ The person accused had a hearing, sometimes a patient and fair one, but
+ generally party prejudice prevailed instead of justice. It often became
+ necessary for Parliament to acknowledge its error and reverse its own
+ action. The fathers of our country determined that no such thing should
+ occur here. They withheld the power from Congress, and thus forbade its
+ exercise by that body, and they provided in the Constitution that no
+ State should pass any bill of attainder. It is therefore impossible for
+ any person in this country to be constitutionally convicted or punished
+ for any crime by a legislative proceeding of any sort. Nevertheless,
+ here is a bill of attainder against 9,000,000 people at once. It is
+ based upon an accusation so vague as to be scarcely intelligible and
+ found to be true upon no credible evidence. Not one of the 9,000,000 was
+ heard in his own defense. The representatives of the doomed parties were
+ excluded from all participation in the trial. The conviction is to be
+ followed by the most ignominious punishment ever inflicted on large
+ masses of men. It disfranchises them by hundreds of thousands and
+ degrades them all, even those who are admitted to be guiltless, from
+ the rank of freemen to the condition of slaves.
+</p>
+<p>
+ The purpose and object of the bill&mdash;the general intent which pervades it
+ from beginning to end&mdash;is to change the entire structure and character
+ of the State governments and to compel them by force to the adoption of
+ organic laws and regulations which they are unwilling to accept if left
+ to themselves. The negroes have not asked for the privilege of voting;
+ the vast majority of them have no idea what it means. This bill not only
+ thrusts it into their hands, but compels them, as well as the whites, to
+ use it in a particular way. If they do not form a constitution with
+ prescribed articles in it and afterwards elect a legislature which will
+ act upon certain measures in a prescribed way, neither blacks nor whites
+ can be relieved from the slavery which the bill imposes upon them.
+ Without pausing here to consider the policy or impolicy of Africanizing
+ the southern part of our territory, I would simply ask the attention of
+ Congress to that manifest, well-known, and universally acknowledged rule
+ of constitutional law which declares that the Federal Government has no
+ jurisdiction, authority, or power to regulate such subjects for any
+ State. To force the right of suffrage out of the hands of the white
+ people and into the hands of the negroes is an arbitrary violation of
+ this principle.
+</p>
+<p>
+ This bill imposes martial law at once, and its operations will begin
+ so soon as the general and his troops can be put in place. The dread
+ alternative between its harsh rule and compliance with the terms of this
+ measure is not suspended, nor are the people afforded any time for free
+ deliberation. The bill says to them, take martial law first, <i>then</i>
+ deliberate. And when they have done all that this measure requires them
+ to do other conditions and contingencies over which they have no control
+ yet remain to be fulfilled before they can be relieved from martial law.
+ Another Congress must first approve the Constitution made in conformity
+ with the will of this Congress and must declare these States entitled to
+ representation in both Houses. The whole question thus remains open and
+ unsettled and must again occupy the attention of Congress; and in the
+ meantime the agitation which now prevails will continue to disturb all
+ portions of the people.
+</p>
+<p>
+ The bill also denies the legality of the governments of ten of the
+ States which participated in the ratification of the amendment to the
+ Federal Constitution abolishing slavery forever within the jurisdiction
+ of the United States and practically excludes them from the Union. If
+ this assumption of the bill be correct, their concurrence can not be
+ considered as having been legally given, and the important fact is made
+ to appear that the consent of three-fourths of the States&mdash;the requisite
+ number&mdash;has not been constitutionally obtained to the ratification of
+ that amendment, thus leaving the question of slavery where it stood
+ before the amendment was officially declared to have become a part of
+ the Constitution.
+</p>
+<p>
+ That the measure proposed by this bill does violate the Constitution
+ in the particulars mentioned and in many other ways which I forbear
+ to enumerate is too clear to admit of the least doubt. It only remains
+ to consider whether the injunctions of that instrument ought to be
+ obeyed or not. I think they ought to be obeyed, for reasons which I will
+ proceed to give as briefly as possible.
+</p>
+<p>
+ In the first place, it is the only system of free government which we
+ can hope to have as a nation. When it ceases to be the rule of our
+ conduct, we may perhaps take our choice between complete anarchy, a
+ consolidated despotism, and a total dissolution of the Union; but
+ national liberty regulated by law will have passed beyond our reach.
+</p>
+<p>
+ It is the best frame of government the world ever saw. No other is or
+ can be so well adapted to the genius, habits, or wants of the American
+ people. Combining the strength of a great empire with unspeakable
+ blessings of local self-government, having a central power to defend the
+ general interests, and recognizing the authority of the States as the
+ guardians of industrial rights, it is "the sheet anchor of our safety
+ abroad and our peace at home." It was ordained "to form a more perfect
+ union, establish justice, insure domestic tranquillity, promote the
+ general welfare, provide for the common defense, and secure the
+ blessings of liberty to ourselves and to our posterity." These great
+ ends have been attained heretofore, and will be again by faithful
+ obedience to it; but they are certain to be lost if we treat with
+ disregard its sacred obligations.
+</p>
+<p>
+ It was to punish the gross crime of defying the Constitution and to
+ vindicate its supreme authority that we carried on a bloody war of four
+ years' duration. Shall we now acknowledge that we sacrificed a million
+ of lives and expended billions of treasure to enforce a Constitution
+ which is not worthy of respect and preservation?
+</p>
+<p>
+ Those who advocated the right of secession alleged in their own
+ justification that we had no regard for law and that their rights of
+ property, life, and liberty would not be safe under the Constitution as
+ administered by us. If we now verify their assertion, we prove that they
+ were in truth and in fact fighting for their liberty, and instead of
+ branding their leaders with the dishonoring name of traitors against a
+ righteous and legal government we elevate them in history to the rank
+ of self-sacrificing patriots, consecrate them to the admiration of the
+ world, and place them by the side of Washington, Hampden, and Sidney.
+ No; let us leave them to the infamy they deserve, punish them as they
+ should be punished, according to law, and take upon ourselves no share
+ of the odium which they should bear alone.
+</p>
+<p>
+ It is a part of our public history which can never be forgotten that
+ both Houses of Congress, in July, 1861, declared in the form of a solemn
+ resolution that the war was and should be carried on for no purpose of
+ subjugation, but solely to enforce the Constitution and laws, and that
+ when this was yielded by the parties in rebellion the contest should
+ cease, with the constitutional rights of the States and of individuals
+ unimpaired. This resolution was adopted and sent forth to the world
+ unanimously by the Senate and with only two dissenting voices in the
+ House. It was accepted by the friends of the Union in the South as well
+ as in the North as expressing honestly and truly the object of the war.
+ On the faith of it many thousands of persons in both sections gave their
+ lives and their fortunes to the cause. To repudiate it now by refusing
+ to the States and to the individuals within them the rights which the
+ Constitution and laws of the Union would secure to them is a breach of
+ our plighted honor for which I can imagine no excuse and to which I
+ cannot voluntarily become a party.
+</p>
+<p>
+ The evils which spring from the unsettled state of our Government will
+ be acknowledged by all. Commercial intercourse is impeded, capital is in
+ constant peril, public securities fluctuate in value, peace itself is
+ not secure, and the sense of moral and political duty is impaired. To
+ avert these calamities from our country it is imperatively required that
+ we should immediately decide upon some course of administration which
+ can be steadfastly adhered to. I am thoroughly convinced that any
+ settlement or compromise or plan of action which is inconsistent with
+ the principles of the Constitution will not only be unavailing, but
+ mischievous; that it will but multiply the present evils, instead of
+ removing them. The Constitution, in its whole integrity and vigor,
+ throughout the length and breadth of the land, is the best of all
+ compromises. Besides, our duty does not, in my judgment, leave us a
+ choice between that and any other. I believe that it contains the remedy
+ that is so much needed, and that if the coordinate branches of the
+ Government would unite upon its provisions they would be found broad
+ enough and strong enough to sustain in time of peace the nation which
+ they bore safely through the ordeal of a protracted civil war. Among the
+ most sacred guaranties of that instrument are those which declare that
+ "each State shall have at least one Representative," and that "no
+ State, without its consent, shall be deprived of its equal suffrage in
+ the Senate." Each House is made the "judge of the elections, returns,
+ and qualifications of its own members," and may, "with the concurrence
+ of two-thirds, expel a member." Thus, as heretofore urged, "in the
+ admission of Senators and Representatives from any and all of the
+ States there can be no just ground of apprehension that persons who are
+ disloyal will be clothed with the powers of legislation, for this could
+ not happen when the Constitution and the laws are enforced by a vigilant
+ and faithful Congress." "When a Senator or Representative presents his
+ certificate of election, he may at once be admitted or rejected; or,
+ should there be any question as to his eligibility, his credentials may
+ be referred for investigation to the appropriate committee. If admitted
+ to a seat, it must be upon evidence satisfactory to the House of which
+ he thus becomes a member that he possesses the requisite constitutional
+ and legal qualifications. If refused admission as a member for want of
+ due allegiance to the Government, and returned to his constituents, they
+ are admonished that none but persons loyal to the United States will be
+ allowed a voice in the legislative councils of the nation, and the
+ political power and moral influence of Congress are thus effectively
+ exerted in the interests of loyalty to the Government and fidelity to
+ the Union." And is it not far better that the work of restoration should
+ be accomplished by simple compliance with the plain requirements of the
+ Constitution than by a recourse to measures which in effect destroy the
+ States and threaten the subversion of the General Government? All that
+ is necessary to settle this simple but important question without
+ further agitation or delay is a willingness on the part of all to
+ sustain the Constitution and carry its provisions into practical
+ operation. If to-morrow either branch of Congress would declare that
+ upon the presentation of their credentials members constitutionally
+ elected and loyal to the General Government would be admitted to seats
+ in Congress, while all others would be excluded and their places remain
+ vacant until the selection by the people of loyal and qualified persons,
+ and if at the same time assurance were given that this policy would be
+ continued until all the States were represented in Congress, it would
+ send a thrill of joy throughout the entire land, as indicating the
+ inauguration of a system which must speedily bring tranquillity to the
+ public mind.
+</p>
+<p>
+ While we are legislating upon subjects which are of great importance to
+ the whole people, and which must affect all parts of the country, not
+ only during the life of the present generation, but for ages to come, we
+ should remember that all men are entitled at least to a hearing in the
+ councils which decide upon the destiny of themselves and their children.
+ At present ten States are denied representation, and when the Fortieth
+ Congress assembles on the 4th day of the present month sixteen States
+ will be without a voice in the House of Representatives. This grave
+ fact, with the important questions before us, should induce us to pause
+ in a course of legislation which, looking solely to the attainment of
+ political ends, fails to consider the rights it transgresses, the law
+ which it violates, or the institutions which it imperils.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ Whereas exequaturs were heretofore issued to the following-named persons
+ at the dates mentioned and for the places specified, recognizing them as
+ consular officers, respectively, of the Kingdom of Hanover, of the
+ Electorate of Hesse, of the Duchy of Nassau, and of the city of
+ Frankfort, and declaring them free to exercise and enjoy functions,
+ powers, and privileges under the said exequaturs, viz:
+</p>
+<p><br>
+ FOR THE KINGDOM OF HANOVER.
+</p><p><br>
+ Julius Frederich, consul at Galveston, Tex., July 28, 1848.<br>
+ Otto Frank, consul at San Francisco, Cal., July 9, 1850.<br>
+ Augustus Reichard, consul at New Orleans, La., January 22, 1853.<br>
+ Kauffmann H. Muller, consul at Savannah, Ga., June 28, 1854.<br>
+ G.C. Baurmeister, consul at Charleston, S.C., April 21, 1856.<br>
+ Adolph Gosling, consul-general at New York, November 7, 1859.<br>
+ G.W. Hennings, vice-consul at New York, July 2, 1860.<br>
+ George Papendiek, consul at Boston, November 3, 1863.<br>
+ Francis A. Hoffmann, consul at Chicago, July 26, 1864.<br>
+ Carl C. Schöttler, consul at Philadelphia, Pa., September 23, 1864.<br>
+ A. Rettberg, consul at Cleveland, Ohio, September 27, 1864.<br>
+ A.C. Wilmaus, consul at Milwaukee, Wis., October 7, 1864.<br>
+ Adolph Meier, consul at St. Louis, Mo., October 7, 1864.<br>
+ Theodor Schwartz, consul at Louisville, Ky., October 12, 1864.<br>
+ Carl F. Adae, consul at Cincinnati, Ohio, October 20, 1864.<br>
+ Werner Dresel, consul at Baltimore, Md., July 25, 1866.<br>
+</p><p><br>
+ FOR THE ELECTORATE OF HESSE.
+</p><p><br>
+ Theodor Wagner, consul at Galveston, Tex., March 7, 1857.<br>
+ Clamor Friedrich Hagedorn, consul at Philadelphia, February 14, 1862.<br>
+ Werner Dresel, consul at Baltimore, Md., September 26, 1864.<br>
+ Friedrich Kuhne, consul at New York, September 30, 1864.<br>
+ Richard Thiele, consul at New Orleans, La., October 18, 1864.<br>
+ Carl Adae, consul at Cincinnati, Ohio, October 20, 1864.<br>
+ Robert Barth, consul at St. Louis, Mo., April 11, 1865.<br>
+ C.F. Mebius, consul at San Francisco, Cal., May 3, 1865.<br>
+</p><p><br>
+ FOR THE DUCHY OF NASSAU.
+</p><p><br>
+ Wilhelm A. Kobbe, consul-general for the United States at New York,
+ November 19, 1846.<br>
+ Friedrich Wilhelm Freudenthal, consul for Louisiana at New Orleans,
+ January 22, 1852.<br>
+ Franz Moureau, consul for the western half of Texas at New Braunfels,
+ April 6, 1857.<br>
+ Carl C. Finkler, consul for California at San Francisco, May 21, 1864.<br>
+ Ludwig von Baumbach, consul for Wisconsin, September 27, 1864.<br>
+ Otto Cuntz, consul for Massachusetts at Boston, October 7, 1864.<br>
+ Friedrich Kuhne, consul at New York, September 30, 1864.<br>
+ Carl F. Adae, consul for the State of Ohio, October 20, 1864.<br>
+ Robert Barth, consul for Missouri, April 18, 1865.<br>
+</p><p><br>
+ FOR THE CITY OF FRANKFORT.
+</p><p><br>
+ John H. Harjes, consul at Philadelphia, Pa., September 27, 1864.<br>
+ F.A. Reuss, consul at St. Louis, Mo., September 30, 1864.<br>
+ A.C. Wilmanns, consul for Wisconsin at Milwaukee, October 7, 1864.<br>
+ Francis A. Hoffmann, consul for Chicago, Ill., October 12, 1864.<br>
+ Carl F. Adae, consul for Ohio and Indiana, October 20, 1864.<br>
+ Jacob Julius de Neufville, consul in New York, July 3, 1866.<br>
+</p>
+<p>
+ And whereas the said countries, namely, the Kingdom of Hanover, the
+ Electorate of Hesse, the Duchy of Nassau, and the city of Frankfort,
+ have, in consequence of the late war between Prussia and Austria, been
+ united to the Crown of Prussia; and
+</p>
+<p>
+ Whereas His Majesty the King of Prussia has requested of the President
+ of the United States that the aforesaid exequaturs may, in consequence
+ of the before-recited premises, be revoked:
+</p>
+<p>
+ Now, therefore, these presents do declare that the above-named consular
+ officers are no longer recognized, and that the exequaturs heretofore
+ granted to them are hereby declared to be absolutely null and void from
+ this day forward.
+</p>
+<p>
+ In testimony whereof I have caused these letters to be made patent and
+ the seal of the United States of America to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand at the city of Washington, this 19th day of
+ December, A.D. 1866, and of the Independence of the United States
+ of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<p>
+ <i>To all whom it may concern</i>:
+</p>
+<p>
+ An exequatur, bearing date the 22d day of March, 1866, having been
+ issued to Gerhard Janssen, recognizing him as consul of Oldenburg for
+ New York and declaring him free to exercise and enjoy such functions,
+ powers, and privileges as are allowed to consuls by the law of nations
+ or by the laws of the United States and existing treaty stipulations
+ between the Government of Oldenburg and the United States, and the said
+ Janssen having refused to appear in the supreme court of the State of
+ New York to answer in a suit there pending against himself and others on
+ the plea that he is a consular officer of Oldenburg, thus seeking to use
+ his official position to defeat the ends of justice, it is deemed
+ advisable that the said Gerhard Janssen should no longer be permitted to
+ continue in the exercise of said functions, powers, and privileges.
+</p>
+<p>
+ These are therefore to declare that I no longer recognize the said
+ Gerhard Janssen as consul of Oldenburg for New York and will not permit
+ him to exercise or enjoy any of the functions, powers, or privileges
+ allowed to consuls of that nation; and that I do hereby wholly revoke
+ and annul the said exequatur heretofore given and do declare the same
+ to be absolutely null and void from this day forward.
+</p>
+<p>
+ In testimony whereof I have caused these letters to be made patent and
+ the seal of the United States of America to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand at Washington, this 26th day of December, A.D. 1866,
+ and of the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas satisfactory evidence has been received by me from His Imperial
+ Majesty the Emperor of France, through the Marquis de Montholon, his
+ envoy extraordinary and minister plenipotentiary, that vessels belonging
+ to citizens of the United States entering any port of France or of its
+ dependencies on or after the 1st day of January, 1867, will not be
+ subjected to the payment of higher duties on tonnage than are levied
+ upon vessels belonging to citizens of France entering the said ports:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States
+ of America, by virtue of the authority vested in me by an act of
+ Congress of the 7th day of January, 1824, entitled "An act concerning
+ discriminating duties of tonnage and impost," and by an act in addition
+ thereto of the 24th day of May, 1828, do hereby declare and proclaim
+ that on and after the said 1st day of January, 1867, so long as vessels
+ of the United States shall be admitted to French ports on the terms
+ aforesaid, French vessels entering ports of the United States will be
+ subject to no higher rates of duty on tonnage than are levied upon
+ vessels of the United States in the ports thereof.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 28th day of December, A.D. 1866,
+ and of the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas, in virtue of the power conferred by the act of Congress
+ approved June 22, 1860, sections 15 and 24 of which act were designed by
+ proper provisions to secure the strict neutrality of citizens of the
+ United States residing in or visiting the Empires of China and Japan, a
+ notification was issued on the 4th of August last by the legation of the
+ United States in Japan, through the consulates of the open ports of that
+ Empire, requesting American shipmasters not to approach the coasts of
+ Suwo and Nagato pending the then contemplated hostilities between the
+ Tycoon of Japan and the Daimio of the said Provinces; and
+</p>
+<p>
+ Whereas authentic information having been received by the said legation
+ that such hostilities had actually commenced, a regulation in
+ furtherance of the aforesaid notification and pursuant to the act
+ referred to was issued by the minister resident of the United States in
+ Japan forbidding American merchant vessels from stopping or anchoring at
+ any port or roadstead in that country except the three opened ports,
+ viz, Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or
+ forced by stress of weather, as provided by treaty, and giving notice
+ that masters of vessels committing a breach of the regulation would
+ thereby render themselves liable to prosecution and punishment and also
+ to forfeiture of the protection of the United States if the visit to
+ such nonopened port or roadstead should either involve a breach of
+ treaty or be construed as an act in aid of insurrection or rebellion:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, with a view to prevent acts which might
+ injuriously affect the relations existing between the Government of the
+ United States and that of Japan, do hereby call public attention to the
+ aforesaid notification and regulation, which are hereby sanctioned and
+ confirmed.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 12th day of January, A.D. 1867, and
+ of the Independence of the United States the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of the Congress of the United States of the 24th of
+ May, 1828, entitled "An act in addition to an act entitled 'An act
+ concerning discriminating duties of tonnage and impost' and to equalize
+ the duties on Prussian vessels and their cargoes," it is provided that,
+ upon satisfactory evidence being given to the President of the United
+ States by the government of any foreign nation that no discriminating
+ duties of tonnage or impost are imposed or levied in the ports of the
+ said nation upon vessels wholly belonging to citizens of the United
+ States or upon the produce, manufactures, or merchandise imported in the
+ same from the United States or from any foreign country, the President
+ is thereby authorized to issue his proclamation declaring that the
+ foreign discriminating duties of tonnage and impost within the United
+ States are and shall be suspended and discontinued so far as respects
+ the vessels of the said foreign nation and the produce, manufactures, or
+ merchandise imported into the United States in the same from the said
+ foreign nation or from any other foreign country, the said suspension
+ to take effect from the time of such notification being given to the
+ President of the United States and to continue so long as the reciprocal
+ exemption of vessels belonging to citizens of the United States and
+ their cargoes, as aforesaid, shall be continued, and no longer; and
+</p>
+<p>
+ Whereas satisfactory evidence has lately been received by me from
+ His Majesty the King of the Hawaiian Islands, through an official
+ communication of His Majesty's minister of foreign relations under date
+ of the 10th of December, 1866, that no other or higher duties of tonnage
+ and impost are imposed or levied in the ports of the Hawaiian Islands
+ upon vessels wholly belonging to citizens of the United States and upon
+ the produce, manufactures, or merchandise imported in the same from the
+ United States and from any foreign country whatever than are levied on
+ Hawaiian ships and their cargoes in the same ports under like
+ circumstances:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States of
+ America, do hereby declare and proclaim that so much of the several acts
+ imposing discriminating duties of tonnage and impost within the United
+ States are and shall be suspended and discontinued so far as respects
+ the vessels of the Hawaiian Islands and the produce, manufactures,
+ and merchandise imported into the United States in the same from the
+ dominions of the Hawaiian Islands and from any other foreign country
+ whatever, the said suspension to take effect from the said 10th day
+ of December and to continue thenceforward so long as the reciprocal
+ exemption of the vessels of the United States and the produce,
+ manufactures, and merchandise imported into the dominions of the
+ Hawaiian Islands in the same, as aforesaid, shall be continued on the
+ part of the Government of His Majesty the King of the Hawaiian Islands.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 29th day of January, A.D. 1867, and
+ of the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the Congress of the United States did by an act approved on
+ the 19th day of April, 1864, authorize the people of the Territory
+ of Nebraska to form a constitution and State government and for the
+ admission of such State into the Union on an equal footing with the
+ original States upon certain conditions in said act specified; and
+</p>
+<p>
+ Whereas said people did adopt a constitution conforming to the
+ provisions and conditions of said act and ask admission into the Union;
+ and
+</p>
+<p>
+ Whereas the Congress of the United States did on the 8th and 9th days
+ of February, 1867, in mode prescribed by the Constitution, pass a
+ further act for the admission of the State of Nebraska into the Union,
+ in which last-named act it was provided that it should not take effect
+ except upon the fundamental condition that within the State of Nebraska
+ there should be no denial of the elective franchise or of any other
+ right to any person by reason of race or color, excepting Indians not
+ taxed, and upon the further fundamental condition that the legislature
+ of said State, by a solemn public act, should declare the assent of
+ said State to the said fundamental condition and should transmit to
+ the President of the United States an authenticated copy of said act
+ of the legislature of said State, upon receipt whereof the President,
+ by proclamation, should forthwith announce the fact, whereupon said
+ fundamental condition should be held as a part of the organic law of
+ the State, and thereupon, and without any further proceeding on the
+ part of Congress, the admission of said State into the Union should
+ be considered as complete; and
+</p>
+<p>
+ Whereas within the time prescribed by said act of Congress of the 8th
+ and 9th of February, 1867, the legislature of the State of Nebraska did
+ pass an act ratifying the said act of Congress of the 8th and 9th of
+ February, 1867, and declaring that the aforenamed provisions of the
+ third section of said last-named act of Congress should be a part of
+ the organic law of the State of Nebraska; and
+</p>
+<p>
+ Whereas a duly authenticated copy of said act of the legislature of the
+ State of Nebraska has been received by me:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States of
+ America, do, in accordance with the provisions of the act of Congress
+ last herein named, declare and proclaim the fact that the fundamental
+ conditions imposed by Congress on the State of Nebraska to entitle that
+ State to admission to the Union have been ratified and accepted and that
+ the admission of the said State into the Union is now complete.
+</p>
+<p>
+ In testimony whereof I have hereto set my hand and have caused the seal
+ of the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 1st day of March, A.D. 1867, and of
+ the Independence of the United States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>
+ [Note.&mdash;The Fortieth Congress, first session, met March 4, 1867,
+ in accordance with the act of January 22, 1867, and on March 30, in
+ accordance with the concurrent resolution of March 29, adjourned to
+ July 3. The Senate met in special session April 1, in conformity to the
+ proclamation of the President of the United States of March 30, and on
+ April 20 adjourned without day. The Fortieth Congress, first session,
+ again met July 3, and on July 20, in accordance with the concurrent
+ resolution of the latter date, adjourned to November 21; again met
+ November 21, and on December 2, 1867, in accordance with the concurrent
+ resolution of November 26, adjourned without day.]
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ MARCH 11, 1867.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 28th of
+ July last, a report from the Secretary of State, with accompanying
+ documents.<a href="#note-18"><small>18</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded this day between the United States and the chiefs and
+ headmen of the Kickapoo tribe of Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior and a copy of a letter of the
+ Commissioner of Indian Affairs, explanatory of said treaty, are also
+ herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded in this city on the 15th instant [ultimo] between the
+ United States and the Stockbridge and Munsee tribes of Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 25th instant [ultimo]
+ and a copy of a communication from the Commissioner of Indian Affairs of
+ the 19th instant [ultimo], explanatory of the said treaty, are also
+ herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded in this city on the 23d instant [ultimo] between the
+ United States and the following tribes of Indians, viz: The Senecas,
+ the confederated Senecas and Shawnees, the Quapaws, the Ottawas, the
+ confederated Peorias, Kaskaskias, Weas and Piankeshaws, and the Miamis.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 26th instant [ultimo]
+ and a copy of a letter of the Commissioner of Indian Affairs of the 25th
+ instant [ultimo], explanatory of said treaty, are also herewith
+ transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded on the 2d March, 1866, between the United States and
+ the Shawnee tribe of Indians of Kansas.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 6th instant and a copy
+ of a communication from the Commissioner of Indian Affairs of the 2d
+ instant, explanatory of the said treaty, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded on the 27th instant [ultimo] between the United
+ States and the Pottawatomie tribe of Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 28th instant [ultimo]
+ and a copy of a communication from the Commissioner of Indian Affairs of
+ the 27th instant [ultimo], explanatory of the said treaty, are also
+ herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, D.C., <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon
+ a treaty concluded in this city on the 13th instant [ultimo] between the
+ United States and the Kansas or Kaw tribe of Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 25th instant [ultimo]
+ and a copy of a communication of the 19th instant [ultimo] from the
+ Commissioner of Indian Affairs, explanatory of said treaty, are also
+ herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, <i>March 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty this day concluded between the United States and the Cherokee
+ Nation of Indians, providing for the sale of their lands in Kansas,
+ known as the "Cherokee neutral lands."
+</p>
+<p>
+ A letter of the Secretary of the Interior and accompanying copy of a
+ letter from the Commissioner of Indian Affairs of this date, in relation
+ to the treaty, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 14, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State, in further
+ answer to the resolution<a href="#note-19"><small>19</small></a> of the House of Representatives of the 24th
+ of January last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 15, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in further answer to their resolution of the
+ 31st of January last, a report from the Secretary of State, with
+ accompanying documents.<a href="#note-20"><small>20</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 20, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their resolution
+ of the 18th instant, a report<a href="#note-21"><small>21</small></a> from the Secretary of State, with its
+ accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 20, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their
+ resolution of the 18th instant, a report<a href="#note-22"><small>22</small></a>from the Secretary of State,
+ with an accompanying paper.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 20, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 15th
+ instant, reports<a href="#note-23"><small>23</small></a> from the Secretary of State and the Secretary of
+ the Treasury, with accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 20, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 7th
+ instant, relative to the arrest, imprisonment, and treatment of American
+ citizens in Great Britain or its Provinces, I transmit a report from the
+ Secretary of State on the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 21, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded on the 19th of March, 1867, between the United States
+ and the Chippewa tribe of Indians of the Mississippi.
+</p>
+<p>
+ A letter of the Secretary of the Interior and a copy of a letter of Hon.
+ Lewis V. Bogy, special commissioner, of the 20th instant, explanatory of
+ the said treaty, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 30, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In giving my approval to the joint resolution providing for the expenses
+ of carrying into full effect an act entitled "An act to provide for the
+ more efficient government of the rebel States," I am moved to do so for
+ the following reason: The seventh section of the act supplementary to
+ the act for the more efficient government of the rebel States provides
+ that the expenses incurred under or by virtue of that act shall be paid
+ out of any moneys in the Treasury not otherwise appropriated. This
+ provision is wholly unlimited as to the amount to be expended, whereas
+ the resolution now before me limits the appropriation to $500,000. I
+ consider this limitation as a very necessary check against unlimited
+ expenditure and liabilities. Yielding to that consideration, I feel
+ bound to approve this resolution, without modifying in any manner any
+ objections heretofore stated against the original and supplemental acts.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 30, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a treaty between the United States and His Majesty the
+ Emperor of all the Russias upon the subject of a cession of territory by
+ the latter to the former, which treaty was this day signed in this city
+ by the plenipotentiaries of the parties.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas objects of interest to the United States require that the Senate
+ should be convened at 12 o'clock on Monday, the 1st day of April next,
+ to receive and act upon such communications as may be made to it on the
+ part of the Executive.
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States, have
+ considered it to be my duty to issue this my proclamation, declaring
+ that an extraordinary occasion requires the Senate of the United States
+ to convene for the transaction of business at the Capitol, in the city
+ of Washington, on Monday, the 1st day of April next, at 12 o'clock on
+ that day, of which all who shall at that time be entitled to act as
+ members of that body are hereby required to take notice.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Given under my hand and the seal of the United States, at Washington,
+ the 30th day of March, A.D. 1867, and of the Independence of the United
+ States of America the ninety-first.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<center>
+ [The following messages were sent to the special session of the Senate.]
+</center>
+<p class="r">
+ WASHINGTON, <i>March 28, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 20th
+ instant, a report<a href="#note-24"><small>24</small></a> from the Secretary of State, with accompanying
+ documents.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 12, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 10th
+ instant, calling for information relative to prisoners of war taken by
+ belligerents in the Mexican Republic, a report from the Secretary of
+ State, with accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 13, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with a resolution of the Senate of the 28th of January
+ last, requesting certain information in regard to governors,
+ secretaries, and judges of Territories, I transmit herewith reports<a href="#note-25"><small>25</small></a>
+ from the Secretary of State, the Secretary of the Interior, and the
+ Attorney-General.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 15, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 13th
+ instant, a report<a href="#note-26"><small>26</small></a> from the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 16, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith reports from the heads of the several Executive
+ Departments, in answer to the resolution of the Senate of the 11th
+ instant, requesting "copies of any official opinions which may have been
+ given by the Attorney-General, the Solicitor of the Treasury, or by any
+ other officer of the Government on the interpretation of the act of
+ Congress regulating the tenure of office, and especially with regard to
+ appointments by the President during the recess of Congress."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ [The following messages were sent to the Fortieth Congress, first session.]
+</p>
+<p class="r">
+ WASHINGTON, <i>July 5, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention for commercial reciprocity between the
+ United States and His Majesty the King of the Hawaiian Islands, which
+ convention was signed by the plenipotentiaries of the parties in the
+ city of San Francisco on the 21st day of May last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 5, 1867</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a convention between the United States
+ and the Republic of Venezuela for the adjustment of claims of citizens
+ of the United States on the Government of that Republic. The
+ ratifications of this convention were exchanged at Caracas on the 10th
+ of April last. As its first article stipulates that the commissioners
+ shall meet in that city within four months from that date, the
+ expediency of passing the usual act for the purpose of carrying the
+ convention into effect will, of course, engage the attention of
+ Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 6, 1867</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a treaty between the United States and
+ His Majesty the Emperor of all the Russias, the ratifications of which
+ were exchanged in this city on the 20th day of June last.
+</p>
+<p>
+ This instrument provides for a cession of territory to the United States
+ in consideration of the payment of $7,200,000 in gold. The attention of
+ Congress is invited to the subject of an appropriation for this payment,
+ and also to that of proper legislation for the occupation and government
+ of the territory as a part of the dominion of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 6, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States, Great Britain,
+ France, the Netherlands, and Japan, concluded at Yedo on the 25th of
+ June, 1866.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 8, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Attorney-General, additional to
+ the reports submitted by him December 31, 1866, and March 2, 1867, in
+ reply to a resolution of the House of Representatives of December 10,
+ 1866, requesting "a list of names of all persons engaged in the late
+ rebellion against the United States Government who have been pardoned by
+ the President from April 15, 1865, to this date; that said list shall
+ also state the rank of each person who has been so pardoned, if he has
+ been engaged in the military service of the so-called Confederate
+ government, and the position if he shall have held any civil office
+ under said so-called Confederate government; and shall also further
+ state whether such person has at any time prior to April 14, 1861, held
+ any office under the United States Government, and, if so, what office,
+ together with the reasons for granting such pardon, and also the names
+ of the person or persons at whose solicitation such pardon was granted."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 9, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 5th of July, requesting the President "to inform the House what States
+ have ratified the amendment to the Constitution of the United States
+ proposed by concurrent resolution of the two Houses of Congress, June
+ 16, 1866," I transmit a report from the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 10, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with so much of the resolution of the House of
+ Representatives of the 8th instant as requests information in regard to
+ certain agreements said to have been entered into between the United
+ States, European and West Virginia Land and Mining Company and certain
+ reputed agents of the Republic of Mexico, I transmit a report from the
+ Secretary of State and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 11, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 3d instant, requesting me to transmit all the official correspondence
+ between the Department of State and the Hon. Lewis D. Campbell, late
+ minister to Mexico, and also that with his successor, I communicate a
+ report from the Secretary of State and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 12, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 8th instant,
+ requesting me to transmit "all the official correspondence between the
+ Department of State and the Hon. Lewis D. Campbell, late minister
+ of the United States to the Republic of Mexico, from the time of his
+ appointment, also the correspondence of the Department with his
+ successor," I communicate herewith a report on the subject from the
+ Secretary of State, from which it appears that the correspondence
+ called for by the Senate has already been communicated to the House
+ of Representatives.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 15, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith reports from the Secretary of War and the
+ Attorney-General, containing the information called for by the
+ resolution of the Senate of the 3d instant, requesting the President "to
+ communicate to the Senate copies of all orders, instructions, circular
+ letters, or letters of advice issued to the respective military officers
+ assigned to the command of the several military districts under the act
+ passed March 2, 1867, entitled 'An act to provide for the more efficient
+ government of the rebel States,' and the act supplementary thereto,
+ passed March 23, 1867; also copies of all opinions given to him by the
+ Attorney-General of the United States touching the construction and
+ interpretation of said acts, and of all correspondence relating to the
+ operation, construction, or execution of said acts that may have taken
+ place between himself and any of said commanders, or between him and the
+ General of the Army, or between the latter and any of said commanders,
+ touching the same subjects; also copies of all orders issued by any of
+ said commanders in carrying out the provisions of said acts or either of
+ them; also that he inform the Senate what progress has been made in the
+ matter of registration under said acts, and whether the sum of money
+ heretofore appropriated for carrying them out is probably sufficient."
+</p>
+<p>
+ In answer to that portion of the resolution which inquires whether the
+ sum of money heretofore appropriated for carrying these acts into effect
+ is probably sufficient, reference is made to the accompanying report
+ of the Secretary of War. It will be seen from that report that the
+ appropriation of $500,000 made in the act approved March 30, 1867, for
+ the purpose of carrying into effect the "Act to provide for the more
+ efficient government of the rebel States," passed March 2, 1867, and the
+ act supplementary thereto, passed March 23, 1867, has already been
+ expended by the commanders of the several military districts, and that,
+ in addition, the sum of $1,648,277 is required for present purposes.
+</p>
+<p>
+ It is exceedingly difficult at the present time to estimate the probable
+ expense of carrying into full effect the two acts of March last and the
+ bill which passed the two Houses of Congress on the 13th instant. If the
+ existing governments of ten States of the Union are to be deposed and
+ their entire machinery is to be placed under the exclusive control and
+ authority of the respective district commanders, all the expenditures
+ incident to the administration of such governments must necessarily be
+ incurred by the Federal Government. It is believed that, in addition to
+ the $2,100,000 already expended or estimated for, the sum which would
+ be required for this purpose would not be less than $14,000,000&mdash;the
+ aggregate amount expended prior to the rebellion in the administration
+ of their respective governments by the ten States embraced in the
+ provisions of these acts. This sum would no doubt be considerably
+ augmented if the machinery of these States is to be operated by the
+ Federal Government, and would be largely increased if the United States,
+ by abolishing the existing State governments, should become responsible
+ for liabilities incurred by them before the rebellion in laudable
+ efforts to develop their resources, and in no wise created for
+ insurrectionary or revolutionary purposes. The debts of these States,
+ thus legitimately incurred, when accurately ascertained will, it is
+ believed, approximate $100,000,000; and they are held not only by our
+ own citizens, among whom are residents of portions of the country which
+ have ever remained loyal to the Union, but by persons who are the
+ subjects of foreign governments. It is worthy the consideration of
+ Congress and the country whether, if the Federal Government by its
+ action were to assume such obligations, so large an addition to our
+ public expenditures would not seriously impair the credit of the nation,
+ or, on the other hand, whether the refusal of Congress to guarantee
+ the payment of the debts of these States, after having displaced or
+ abolished their State governments, would not be viewed as a violation of
+ good faith and a repudiation by the national legislature of liabilities
+ which these States had justly and legally incurred.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 18, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 8th instant,
+ requesting me to furnish to that body copies of any correspondence on
+ the files of the Department of State relating to any recent events in
+ Mexico, I communicate a report from the Secretary of State, with the
+ papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 18, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with that part of the resolution of the House of
+ Representatives of the 8th instant which requests me to transmit to
+ the House of Representatives any official correspondence or other
+ information relating to the capture and execution of Maximilian and
+ the arrest and reported execution of Santa Anna in Mexico, I inclose
+ herewith a report from the Secretary of State, from which it appears
+ that the correspondence called for by the House of Representatives has
+ already been communicated to the Senate of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 20, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have received a resolution adopted by the House of Representatives
+ on the 8th instant, inquiring "whether the publication which appeared
+ in the National Intelligencer and other public prints on the 21st of
+ June last, and which contained a statement of the proceedings of the
+ President and Cabinet in respect to an interpretation of the acts of
+ Congress commonly known as the reconstruction acts, was made by the
+ authority of the President or with his knowledge and consent," and
+ "whether the full and complete record or minute of all the proceedings,
+ conclusions, and determinations of the President and Cabinet relating to
+ said acts of Congress and their interpretation is embraced or given in
+ said publication," and also requesting that "a true copy of the full
+ and complete record or minute of such proceedings, conclusions, and
+ determinations in regard to the interpretation of said reconstruction
+ acts" be furnished to the House.
+</p>
+<p>
+ In compliance with the request of the House of Representatives, I have
+ to state that the publication to which the resolution refers was made
+ by proper authority, and that it comprises the proceedings in Cabinet
+ relating to the acts of Congress mentioned in the inquiry, upon which,
+ after taking the opinions of the heads of the several Executive
+ Departments of the Government, I had announced my own conclusions. Other
+ questions arising from these acts have been under consideration, upon
+ which, however, no final conclusion has been reached. No publication in
+ reference to them has, therefore, been authorized by me; but should it
+ at any time be deemed proper and advantageous to the interests of the
+ country to make public those or any other proceedings of the Cabinet,
+ authority for their promulgation will be given by the President.
+</p>
+<p>
+ A correct copy of the record of the proceedings, published in the
+ National Intelligencer and other newspapers on the 21st ultimo, is
+ herewith transmitted, together with a copy of the instructions based
+ upon the conclusions of the President and Cabinet and sent to the
+ commanders of the several military districts created by act of Congress
+ of March 2, 1867.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p class="q">
+ IN CABINET, <i>June 18, 1867</i>.
+</p><p class="q">
+ Present: The President, the Secretary of State, the Secretary of
+ the Treasury, the Secretary of War, the Secretary of the Navy, the
+ Postmaster-General, the Attorney-General, the Acting Secretary of
+ the Interior.
+</p><p class="q">
+ The President announced that he had under consideration the two opinions
+ from the Attorney-General as to the legal questions arising upon the
+ acts of Congress commonly known as the reconstruction acts, and that in
+ view of the great magnitude of the subject and of the various interests
+ involved he deemed it proper to have it considered fully in the Cabinet
+ and to avail himself of all the light which could be afforded by the
+ opinions and advice of the members of the Cabinet, to enable him to see
+ that these laws be faithfully executed and to decide what orders and
+ instructions are necessary and expedient to be given to the military
+ commanders.
+</p><p class="q">
+ The President said further that the branch of the subject that seemed to
+ him first in order for consideration was as to the instructions to be
+ sent to the military commanders for their guidance and for the guidance
+ of persons offering for registration. The instructions proposed by the
+ Attorney-General, as set forth in the summary contained in his last
+ opinion, will therefore be now considered.
+</p><p class="q">
+ The summary was then read at length.
+</p><p class="q">
+ The reading of the summary having been concluded, each section was then
+ considered, discussed, and voted upon as follows:
+</p><p class="q">
+ 1. The oath prescribed in the supplemental act defines all the
+ qualifications required, and every person who can take that oath is
+ entitled to have his name entered upon the list of voters.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay."
+</p><p class="q">
+ 2. The board of registration have no authority to administer any other
+ oath to the person applying for registration than this prescribed
+ oath, nor to administer any oath to any other person touching the
+ qualifications of the applicant or the falsity of the oath so taken
+ by him.
+</p><p class="q">
+ No provision is made for challenging the qualifications of the applicant
+ or entering upon any trial or investigation of his qualifications,
+ either by witnesses or any other form of proof.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay."
+</p><p class="q">
+ 3. As to citizenship and residence:
+</p><p class="q">
+ The applicant for registration must be a citizen of the State and of the
+ United States, and must be a resident of a county or parish included in
+ the election district. He may be registered if he has been such citizen
+ for a period less than twelve months at the time he applies for
+ registration, but he can not vote at any election unless his citizenship
+ has then extended to the full term of one year. As to such a person, the
+ exact length of his citizenship should be noted opposite his name on the
+ list, so that it may appear on the day of election, upon reference to
+ the list, whether the full term has then been accomplished.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 4. An unnaturalized person can not take this oath, but an alien who has
+ been naturalized can take it, and no other proof of naturalization can
+ be required from him.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay."
+</p><p class="q">
+ 5. No one who is not 21 years of age at the time of registration can
+ take the oath, for he must swear that he has then attained that age.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 6. No one who has been disfranchised for participation in any rebellion
+ against the United States or for felony committed against the laws of
+ any State or of the United States can take this oath.
+</p><p class="q">
+ The actual participation in a rebellion or the actual commission of a
+ felony does not amount to disfranchisement. The sort of disfranchisement
+ here meant is that which is declared by law passed by competent
+ authority, or which has been fixed upon the criminal by the sentence of
+ the court which tried him for the crime.
+</p><p class="q">
+ No law of the United States has declared the penalty of disfranchisement
+ for participation in rebellion alone; nor is it known that any such law
+ exists in either of these ten States, except, perhaps, Virginia, as to
+ which State special instructions will be given.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who dissents as to the
+ second and third paragraphs.
+</p><p class="q">
+ 7. As to disfranchisement arising from having held office followed by
+ participation in rebellion:
+</p><p class="q">
+ This is the most important part of the oath, and requires strict
+ attention to arrive at its meaning. The applicant must swear or affirm
+ as follows:
+</p><p class="q">
+ "That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in an
+ insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive or
+ judicial officer of any State, to support the Constitution of the United
+ States, and afterwards engaged in insurrection or rebellion against the
+ United States or given aid or comfort to the enemies thereof."
+</p><p class="q">
+ Two elements must concur in order to disqualify a person under these
+ clauses: First, the office and official oath to support the Constitution
+ of the United States; second, engaging afterwards in rebellion. Both
+ must exist to work disqualification, and must happen in the order of
+ time mentioned.
+</p><p class="q">
+ A person who has held an office and taken the oath to support the
+ Federal Constitution and has not afterwards engaged in rebellion is not
+ disqualified. So, too, a person who has engaged in rebellion, but has
+ not theretofore held an office and taken that oath, is not disqualified.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay."
+</p><p class="q">
+ 8. Officers of the United States:
+</p><p class="q">
+ As to these the language is without limitation. The person who has at
+ any time prior to the rebellion held any office, civil or military,
+ under the United States, and has taken an official oath to support the
+ Constitution of the United States, is subject to disqualification.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 9. Militia officers of any State prior to the rebellion are not subject
+ to disqualification.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay."
+</p><p class="q">
+ 10. Municipal officers&mdash;that is to say, officers of incorporated cities,
+ towns, and villages, such as mayors, aldermen, town council, police, and
+ other city or town officers&mdash;are not subject to disqualification.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 11. Persons who have prior to the rebellion been members of the Congress
+ of the United States or members of a State legislature are subject to
+ disqualification, but those who have been members of conventions framing
+ or amending the constitution of a State prior to the rebellion are not
+ subject to disqualification.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 12. All the executive or judicial officers of any State who took an
+ oath to support the Constitution of the United States are subject
+ to disqualification, including county officers. They are subject to
+ disqualification if they were required to take as a part of their
+ official oath the oath to support the Constitution of the United States.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 13. Persons who exercised mere employments under State authority are
+ not disqualified; such as commissioners to lay out roads, commissioners
+ of public works, visitors of State institutions, directors of State
+ institutions, examiners of banks, notaries public, commissioners to
+ take acknowledgments of deeds.
+</p><p class="q">
+ Concurred in unanimously; but the Secretary of State, the Secretary of
+ the Treasury, and the Secretary of War express the opinion that lawyers
+ are such officers as are disqualified if they participated in the
+ rebellion. Two things must exist as to any person to disqualify him from
+ voting: First, the office held prior to the rebellion, and, afterwards,
+ participation in the rebellion.
+</p><p class="q">
+ 14. An act to fix upon a person the offense of engaging in rebellion
+ under this law must be an overt and voluntary act, done with the intent
+ of aiding or furthering the common unlawful purpose. A person forced
+ into the rebel service by conscription or under a paramount authority
+ which he could not safely disobey, and who would not have entered such
+ service if left to the free exercise of his own will, can not be held
+ to be disqualified from voting.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who votes "nay" as the
+ proposition is stated.
+</p><p class="q">
+ 15. Mere acts of charity, where the intent is to relieve the wants of
+ the object of such charity, and not done in aid of the cause in which he
+ may have been engaged, do not disqualify; but organized contributions
+ of food and clothing for the general relief of persons engaged in the
+ rebellion, and not of a merely sanitary character, but contributed to
+ enable them to perform their unlawful object, maybe classed with acts
+ which do disqualify. Forced contributions to the rebel cause in the form
+ of taxes or military assessments, which a person was compelled to pay or
+ contribute, do not disqualify; but voluntary contributions to the rebel
+ cause, even such indirect contributions as arise from the voluntary loan
+ of money to the rebel authorities or purchase of bonds or securities
+ created to afford the means of carrying on the rebellion, will work
+ disqualification.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 16. All those who in legislative or other official capacity were engaged
+ in the furtherance of the common unlawful purpose, where the duties of
+ the office necessarily had relation to the support of the rebellion,
+ such as members of the rebel conventions, congresses, and legislatures,
+ diplomatic agents of the rebel Confederacy, and other officials whose
+ offices were created for the purpose of more effectually carrying on
+ hostilities or whose duties appertained to the support of the rebel
+ cause, must be held to be disqualified; but officers who during the
+ rebellion discharged official duties not incident to war, but only such
+ duties as belong even to a state of peace and were necessary to the
+ preservation of order and the administration of law, are not to be
+ considered as thereby engaging in rebellion or as disqualified. Disloyal
+ sentiments, opinions, or sympathies would not disqualify, but where a
+ person has by speech or writing incited others to engage in rebellion he
+ must come under the disqualification.
+</p><p class="q">
+ All vote "aye" except the Secretary of War, who dissents to the second
+ paragraph, with the exception of the words "where a person has by speech
+ or by writing incited others to engage in rebellion he must come under
+ the disqualification."
+</p><p class="q">
+ 17. The duties of the board appointed to superintend the elections.
+</p><p class="q">
+ This board, having the custody of the list of registered voters in the
+ district for which it is constituted, must see that the name of the
+ person offering to vote is found upon the registration list, and if such
+ proves to be the fact it is the duty of the board to receive his vote if
+ then qualified by residence. They can not receive the vote of any person
+ whose name is not upon the list, though he may be ready to take the
+ registration oath, and although he may satisfy them that he was unable
+ to have his name registered at the proper time, in consequence of
+ absence, sickness, or other cause.
+</p><p class="q">
+ The board can not enter into any inquiry as to the qualifications of
+ any person whose name is not on the registration list, or as to the
+ qualifications of any person whose name is on that list.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 18. The mode of voting is provided in the act to be by ballot. The board
+ will keep a record and poll book of the election, showing the votes,
+ list of voters, and the persons elected by a plurality of the votes cast
+ at the election, and make returns of these to the commanding general of
+ the district.
+</p><p class="q">
+ Concurred in unanimously.
+</p><p class="q">
+ 19. The board appointed for registration and for superintending the
+ elections must take the oath prescribed by the act of Congress approved
+ July 2, 1862, entitled "An act to prescribe an oath of office."
+</p><p class="q">
+ Concurred in unanimously.
+</p>
+<p class="q">
+ IN CABINET, <i>June 20, 1867</i>.
+</p><p class="q">
+ Present: The same Cabinet officers as on the 18th, except the Acting
+ Secretary of the Interior.
+</p><p class="q">
+ The President announced to the Cabinet that after full deliberation he
+ concurred with the majority upon the sections of the summary upon which
+ the Secretary of War expressed his dissent, and that he concurred with
+ the Cabinet upon those sections approved by unanimous vote; that as it
+ appeared the military commanders entertained doubts upon the points
+ covered by the summary, and as their action hitherto had not been
+ uniform, he deemed it proper, without further delay, to communicate in
+ a general order<a href="#note-27"><small>27</small></a> to the respective commanders the points set forth
+ in the summary.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>March 23, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I have considered the bill entitled "An act supplementary to an act
+ entitled 'An act to provide for the more efficient government of the
+ rebel States,' passed March 2, 1867, and to facilitate restoration,"
+ and now return it to the House of Representatives with my objections.
+</p>
+<p>
+ This bill provides for elections in the ten States brought under the
+ operation of the original act to which it is supplementary. Its details
+ are principally directed to the elections for the formation of the State
+ constitutions, but by the sixth section of the bill "all elections"
+ in these States occurring while the original act remains in force are
+ brought within its purview. Referring to these details, it will be found
+ that, first of all, there is to be a registration of the voters. No one
+ whose name has not been admitted on the list is to be allowed to vote at
+ any of these elections. To ascertain who is entitled to registration,
+ reference is made necessary, by the express language of the supplement,
+ to the original act and to the pending bill. The fifth section of the
+ original act provides, as to voters, that they shall be "male citizens
+ of the State, 21 years old and upward, of whatever race, color, or
+ previous condition, who have been residents of said State for one
+ year." This is the general qualification, followed, however, by many
+ exceptions. No one can be registered, according to the original act,
+ "who may be disfranchised for participation in the rebellion"&mdash;a
+ provision which left undetermined the question as to what amounted to
+ disfranchisement, and whether without a judicial sentence the act
+ itself produced that effect. This supplemental bill superadds an oath,
+ to be taken by every person before his name can be admitted upon the
+ registration, that he has "not been disfranchised for participation in
+ any rebellion or civil war against the United States." It thus imposes
+ upon every person the necessity and responsibility of deciding for
+ himself, under the peril of punishment by a military commission if
+ he makes a mistake, what works disfranchisement by participation in
+ rebellion and what amounts to such participation. Almost every man&mdash;the
+ negro as well as the white&mdash;above 21 years of age who was resident in
+ these ten States during the rebellion, voluntarily or involuntarily, at
+ some time and in some way did participate in resistance to the lawful
+ authority of the General Government. The question with the citizen to
+ whom this oath is to be proposed must be a fearful one, for while the
+ bill does not declare that perjury may be assigned for such false
+ swearing nor fix any penalty for the offense, we must not forget that
+ martial law prevails; that every person is answerable to a military
+ commission, without previous presentment by a grand jury, for any charge
+ that may be made against him, and that the supreme authority of the
+ military commander determines the question as to what is an offense
+ and what is to be the measure of punishment.
+</p>
+<p>
+ The fourth section of the bill provides "that the commanding general of
+ each district shall appoint as many boards of registration as may be
+ necessary, consisting of three loyal officers or persons." The only
+ qualification stated for these officers is that they must be "loyal."
+ They may be persons in the military service or civilians, residents of
+ the State or strangers. Yet these persons are to exercise most important
+ duties and are vested with unlimited discretion. They are to decide what
+ names shall be placed upon the register and from their decision there is
+ to be no appeal. They are to superintend the elections and to decide all
+ questions which may arise. They are to have the custody of the ballots
+ and to make return of the persons elected. Whatever frauds or errors
+ they may commit must pass without redress. All that is left for the
+ commanding general is to receive the returns of the elections, open the
+ same, and ascertain who are chosen "according to the returns of the
+ officers who conducted said elections." By such means and with this
+ sort of agency are the conventions of delegates to be constituted.
+</p>
+<p>
+ As the delegates are to speak for the people, common justice would seem
+ to require that they should have authority from the people themselves.
+ No convention so constituted will in any sense represent the wishes of
+ the inhabitants of these States, for under the all-embracing exceptions
+ of these laws, by a construction which the uncertainty of the clause as
+ to disfranchisement leaves open to the board of officers, the great body
+ of the people may be excluded from the polls and from all opportunity of
+ expressing their own wishes or voting for delegates who will faithfully
+ reflect their sentiments.
+</p>
+<p>
+ I do not deem it necessary further to investigate the details of this
+ bill. No consideration could induce me to give my approval to such an
+ election law for any purpose, and especially for the great purpose of
+ framing the constitution of a State. If ever the American citizen should
+ be left to the free exercise of his own judgment it is when he is
+ engaged in the work of forming the fundamental law under which he is to
+ live. That work is his work, and it can not properly be taken out of his
+ hands. All this legislation proceeds upon the contrary assumption that
+ the people of each of these States shall have no constitution except
+ such as may be arbitrarily dictated by Congress and formed under the
+ restraint of military rule. A plain statement of facts makes this
+ evident.
+</p>
+<p>
+ In all these States there are existing constitutions, framed in the
+ accustomed way by the people. Congress, however, declares that these
+ constitutions are not "loyal and republican," and requires the people to
+ form them anew. What, then, in the opinion of Congress, is necessary to
+ make the constitution of a State "loyal and republican"? The original
+ act answers the question: It is universal negro suffrage&mdash;a question
+ which the Federal Constitution leaves exclusively to the States
+ themselves. All this legislative machinery of martial law, military
+ coercion, and political disfranchisement is avowedly for that purpose
+ and none other. The existing constitutions of the ten States conform to
+ the acknowledged standards of loyalty and republicanism. Indeed, if
+ there are degrees in republican forms of government, their constitutions
+ are more republican now than when these States, four of which were
+ members of the original thirteen, first became members of the Union.
+</p>
+<p>
+ Congress does not now demand that a single provision of their
+ constitutions be changed except such as confine suffrage to the white
+ population. It is apparent, therefore, that these provisions do not
+ conform to the standard of republicanism which Congress seeks to
+ establish. That there may be no mistake, it is only necessary that
+ reference should be made to the original act, which declares "such
+ constitution shall provide that the elective franchise shall be enjoyed
+ by all such persons as have the qualifications herein stated for
+ electors of delegates." What class of persons is here meant clearly
+ appears in the same section; that is to say, "the male citizens of said
+ State 21 years old and upward, of whatever race, color, or previous
+ condition, who have been resident in said State for one year previous
+ to the day of such election."
+</p>
+<p>
+ Without these provisions no constitution which can be framed in any one
+ of the ten States will be of any avail with Congress. This, then, is the
+ test of what the constitution of a State of this Union must contain to
+ make it republican. Measured by such a standard, how few of the States
+ now composing the Union have republican constitutions! If in the
+ exercise of the constitutional guaranty that Congress shall secure to
+ every State a republican form of government universal suffrage for
+ blacks as well as whites is a <i>sine qua non</i>, the work of reconstruction
+ may as well begin in Ohio as in Virginia, in Pennsylvania as in North
+ Carolina.
+</p>
+<p>
+ When I contemplate the millions of our fellow-citizens of the South
+ with no alternative left but to impose upon themselves this fearful
+ and untried experiment of complete negro enfranchisement&mdash;and white
+ disfranchisement, it may be, almost as complete&mdash;or submit indefinitely
+ to the rigor of martial law, without a single attribute of freemen,
+ deprived of all the sacred guaranties of our Federal Constitution, and
+ threatened with even worse wrongs, if any worse are possible, it seems
+ to me their condition is the most deplorable to which any people can be
+ reduced. It is true that they have been engaged in rebellion and that
+ their object being a separation of the States and a dissolution of the
+ Union there was an obligation resting upon every loyal citizen to treat
+ them as enemies and to wage war against their cause.
+</p>
+<p>
+ Inflexibly opposed to any movement imperiling the integrity of the
+ Government, I did not hesitate to urge the adoption of all measures
+ necessary for the suppression of the insurrection. After a long and
+ terrible struggle the efforts of the Government were triumphantly
+ successful, and the people of the South, submitting to the stern
+ arbitrament, yielded forever the issues of the contest. Hostilities
+ terminated soon after it became my duty to assume the responsibilities
+ of the chief executive officer of the Republic, and I at once endeavored
+ to repress and control the passions which our civil strife had
+ engendered, and, no longer regarding these erring millions as enemies,
+ again acknowledged them as our friends and our countrymen. The war had
+ accomplished its objects. The nation was saved and that seminal
+ principle of mischief which from the birth of the Government had
+ gradually but inevitably brought on the rebellion was totally
+ eradicated. Then, it seemed to me, was the auspicious time to commence
+ the work of reconciliation; then, when these people sought once more our
+ friendship and protection, I considered it our duty generously to meet
+ them in the spirit of charity and forgiveness and to conquer them even
+ more effectually by the magnanimity of the nation than by the force of
+ its arms. I yet believe that if the policy of reconciliation then
+ inaugurated, and which contemplated an early restoration of these people
+ to all their political rights, had received the support of Congress,
+ every one of these ten States and all their people would at this moment
+ be fast anchored in the Union and the great work which gave the war all
+ its sanction and made it just and holy would have been accomplished.
+ Then over all the vast and fruitful regions of the South peace and its
+ blessings would have prevailed, while now millions are deprived of
+ rights guaranteed by the Constitution to every citizen and after nearly
+ two years of legislation find themselves placed under an absolute
+ military despotism. "A military republic, a government founded on mock
+ elections and supported only by the sword," was nearly a quarter of a
+ century since pronounced by Daniel Webster, when speaking of the South
+ American States, as "a movement, indeed, but a retrograde and disastrous
+ movement, from the regular and old-fashioned monarchical systems;" and
+ he added:
+</p>
+<p class="q">
+ If men would enjoy the blessings of republican government, they must
+ govern themselves by reason, by mutual counsel and consultation, by a
+ sense and feeling of general interest, and by the acquiescence of the
+ minority in the will of the majority, properly expressed; and, above
+ all, the military must be kept, according to the language of our bill of
+ rights, in strict subordination to the civil authority. Wherever this
+ lesson is not both learned and practiced there can be no political
+ freedom. Absurd, preposterous is it, a scoff and a satire on free forms
+ of constitutional liberty, for frames of government to be prescribed by
+ military leaders and the right of suffrage to be exercised at the point
+ of the sword.
+</p>
+<p>
+ I confidently believe that a time will come when these States will again
+ occupy their true positions in the Union. The barriers which now seem so
+ obstinate must yield to the force of an enlightened and just public
+ opinion, and sooner or later unconstitutional and oppressive legislation
+ will be effaced from our statute books. When this shall have been
+ consummated, I pray God that the errors of the past may be forgotten and
+ that once more we shall be a happy, united, and prosperous people, and
+ that at last, after the bitter and eventful experience through which the
+ nation has passed, we shall all come to know that our only safety is in
+ the preservation of our Federal Constitution and in according to every
+ American citizen and to every State the rights which that Constitution
+ secures.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 10, 1867</i>.<a href="#note-28"><small>28</small></a>
+</p>
+<p>
+ The first session of the Fortieth Congress adjourned on the 30th day
+ of March, 1867. This bill,<a href="#note-29"><small>29</small></a> which was passed during that session,
+ was not presented for my approval by the Hon. Edmund G. Ross, of the
+ Senate of the United States, and a member of the Committee on Enrolled
+ Bills, until Monday, the 1st day of April, 1867, two days after the
+ adjournment. It is not believed that the approval of any bill after
+ the adjournment of Congress, whether presented before or after such
+ adjournment, is authorized by the Constitution of the United States,
+ that instrument expressly declaring that no bill shall become a law the
+ return of which may have been prevented by the adjournment of Congress.
+ To concede that under the Constitution the President, after the
+ adjournment of Congress, may, without limitation in respect to time,
+ exercise the power of approval, and thus determine at his discretion
+ whether or not bills shall become laws, might subject the executive and
+ legislative departments of the Government to influences most pernicious
+ to correct legislation and sound public morals, and&mdash;with a single
+ exception, occurring during the prevalence of civil war&mdash;would be
+ contrary to the established practice of the Government from its
+ inauguration to the present time. This bill will therefore be filed
+ in the office of the Secretary of State without my approval.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 19, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ I return herewith the bill entitled "An act supplementary to an act
+ entitled 'An act to provide for the more efficient government of the
+ rebel States,' passed on the 2d day of March, 1867, and the act
+ supplementary thereto, passed, on the 23d day of March, 1867," and will
+ state as briefly as possible some of the reasons which prevent me from
+ giving it my approval.
+</p>
+<p>
+ This is one of a series of measures passed by Congress during the last
+ four months on the subject of reconstruction. The message returning the
+ act of the 2d of March last states at length my objections to the
+ passage of that measure. They apply equally well to the bill now before
+ me, and I am content merely to refer to them and to reiterate my
+ conviction that they are sound and unanswerable.
+</p>
+<p>
+ There are some points peculiar to this bill, which I will proceed at
+ once to consider.
+</p>
+<p>
+ The first section purports to declare "the true intent and meaning,"
+ in some particulars, of the two prior acts upon this subject.
+</p>
+<p>
+ It is declared that the intent of those acts was, first, that the
+ existing governments in the ten "rebel States" "were not legal State
+ governments," and, second, "that thereafter said governments, if
+ continued, were to be continued subject in all respects to the military
+ commanders of the respective districts and to the paramount authority
+ of Congress."
+</p>
+<p>
+ Congress may by a declaratory act fix upon a prior act a
+ construction altogether at variance with its apparent meaning, and
+ from the time, at least, when such a construction is fixed the original
+ act will be construed to mean exactly what it is stated to mean by the
+ declaratory statute. There will be, then, from the time this bill may
+ become a law no doubt, no question, as to the relation in which the
+ "existing governments" in those States, called in the original act "the
+ provisional governments," stand toward the military authority. As those
+ relations stood before the declaratory act, these "governments," it is
+ true, were made subject to absolute military authority in many important
+ respects, but not in all, the language of the act being "subject to the
+ military authority of the United States, as hereinafter prescribed."
+ By the sixth section of the original act these governments were made
+ "in all respects subject to the paramount authority of the United
+ States."
+</p>
+<p>
+ Now by this declaratory act it appears that Congress did not by the
+ original act intend to limit the military authority to any particulars
+ or subjects therein "prescribed," but meant to make it universal. Thus
+ over all of these ten States this military government is now declared to
+ have unlimited authority. It is no longer confined to the preservation
+ of the public peace, the administration of criminal law, the
+ registration of voters, and the superintendence of elections, but
+ "in all respects" is asserted to be paramount to the existing civil
+ governments.
+</p>
+<p>
+ It is impossible to conceive any state of society more intolerable than
+ this; and yet it is to this condition that 12,000,000 American citizens
+ are reduced by the Congress of the United States. Over every foot of the
+ immense territory occupied by these American citizens the Constitution
+ of the United States is theoretically in full operation. It binds all
+ the people there and should protect them; yet they are denied every
+ one of its sacred guaranties.
+</p>
+<p>
+ Of what avail will it be to any one of these Southern people when
+ seized by a file of soldiers to ask for the cause of arrest or for the
+ production of the warrant? Of what avail to ask for the privilege of
+ bail when in military custody, which knows no such thing as bail? Of
+ what avail to demand a trial by jury, process for witnesses, a copy of
+ the indictment, the privilege of counselor that greater privilege, the
+ writ of <i>habeas corpus</i>?
+</p>
+<p>
+ The veto of the original bill of the 2d of March was based on two
+ distinct grounds&mdash;the interference of Congress in matters strictly
+ appertaining to the reserved powers of the States and the establishment
+ of military tribunals for the trial of citizens in time of peace.
+ The impartial reader of that message will understand that all that
+ it contains with respect to military despotism and martial law has
+ reference especially to the fearful power conferred on the district
+ commanders to displace the criminal courts and assume jurisdiction to
+ try and to punish by military boards; that, potentially, the suspension
+ of the <i>habeas corpus</i> was martial law and military despotism. The act
+ now before me not only declares that the intent was to confer such
+ military authority, but also to confer unlimited military authority over
+ all the other courts of the State and over all the officers of the
+ State&mdash;legislative, executive, and judicial. Not content with the
+ general grant of power, Congress, in the second section of this bill,
+ specifically gives to each military commander the power "to suspend or
+ remove from office, or from the performance of official duties and
+ the exercise of official powers, any officer or person holding or
+ exercising, or professing to hold or exercise, any civil or military
+ office or duty in such district under any power, election, appointment,
+ or authority derived from, or granted by, or claimed under any so-called
+ State, or the government thereof, or any municipal or other division
+ thereof."
+</p>
+<p>
+ A power that hitherto all the departments of the Federal Government,
+ acting in concert or separately, have not dared to exercise is here
+ attempted to be conferred on a subordinate military officer. To him,
+ as a military officer of the Federal Government, is given the power,
+ supported by "a sufficient military force," to remove every civil
+ officer of the State. What next? The district commander, who has thus
+ displaced the civil officer, is authorized to fill the vacancy by the
+ detail of an officer or soldier of the Army, or by the appointment of
+ "some other person."
+</p>
+<p>
+ This military appointee, whether an officer, a soldier, or "some
+ other person," is to perform "the duties of such officer or person so
+ suspended or removed." In other words, an officer or soldier of the Army
+ is thus transformed into a civil officer. He may be made a governor,
+ a legislator, or a judge. However unfit he may deem himself for such
+ civil duties, he must obey the order. The officer of the Army must, if
+ "detailed," go upon the supreme bench of the State with the same prompt
+ obedience as if he were detailed to go upon a court-martial. The
+ soldier, if detailed to act as a justice of the peace, must obey as
+ quickly as if he were detailed for picket duty.
+</p>
+<p>
+ What is the character of such a military civil officer? This bill
+ declares that he shall perform the duties of the civil office to which
+ he is detailed. It is clear, however, that he does not lose his position
+ in the military service. He is still an officer or soldier of the Army;
+ he is still subject to the rules and regulations which govern it, and
+ must yield due deference, respect, and obedience toward his superiors.
+</p>
+<p>
+ The clear intent of this section is that the officer or soldier
+ detailed to fill a civil office must execute its duties according to the
+ laws of the State. If he is appointed a governor of a State, he is to
+ execute the duties as provided by the laws of that State, and for the
+ time being his military character is to be suspended in his new civil
+ capacity. If he is appointed a State treasurer, he must at once assume
+ the custody and disbursement of the funds of the State, and must perform
+ those duties precisely according to the laws of the State, for he is
+ intrusted with no other official duty or other official power. Holding
+ the office of treasurer and intrusted with funds, it happens that he is
+ required by the State laws to enter into bond with security and to take
+ an oath of office; yet from the beginning of the bill to the end there
+ is no provision for any bond or oath of office, or for any single
+ qualification required under the State law, such as residence,
+ citizenship, or anything else. The only oath is that provided for in the
+ ninth section, by the terms of which everyone detailed or appointed to
+ any civil office in the State is required "to take and to subscribe the
+ oath of office prescribed by law for officers of the United States."
+ Thus an officer of the Army of the United States detailed to fill a
+ civil office in one of these States gives no official bond and takes
+ no official oath for the performance of his new duties, but as a civil
+ officer of the State only takes the same oath which he had already taken
+ as a military officer of the United States. He is, at last, a military
+ officer performing civil duties, and the authority under which he acts
+ is Federal authority only; and the inevitable result is that the Federal
+ Government, by the agency of its own sworn officers, in effect assumes
+ the civil government of the State.
+</p>
+<p>
+ A singular contradiction is apparent here. Congress declares these local
+ State governments to be illegal governments, and then provides that
+ these illegal governments shall be carried on by Federal officers, who
+ are to perform the very duties imposed on its own officers by this
+ illegal State authority. It certainly would be a novel spectacle if
+ Congress should attempt to carry on a <i>legal</i> State government by the
+ agency of its own officers. It is yet more strange that Congress
+ attempts to sustain and carry on an <i>illegal</i> State government by the
+ same Federal agency.
+</p>
+<p>
+ In this connection I must call attention to the tenth and eleventh
+ sections of the bill, which provide that none of the officers or
+ appointees of these military commanders "shall be bound in his action by
+ any opinion of any civil officer of the United States," and that all the
+ provisions of the act "shall be construed liberally, to the end that all
+ the intents thereof may be fully and perfectly carried out."
+</p>
+<p>
+ It seems Congress supposed that this bill might require construction,
+ and they fix, therefore, the rule to be applied. But where is the
+ construction to come from? Certainly no one can be more in want of
+ instruction than a soldier or an officer of the Army detailed for a
+ civil service, perhaps the most important in a State, with the duties of
+ which he is altogether unfamiliar. This bill says he shall not be bound
+ in his action by the opinion of any civil officer of the United States.
+ The duties of the office are altogether civil, but when he asks for an
+ opinion he can only ask the opinion of another military officer, who,
+ perhaps, understands as little of his duties as he does himself; and as
+ to his "action," he is answerable to the military authority, and to the
+ military authority alone. Strictly, no opinion of any civil officer
+ other than a judge has a binding force.
+</p>
+<p>
+ But these military appointees would not be bound even by a judicial
+ opinion. They might very well say, even when their action is in conflict
+ with the Supreme Court of the United States, "That court is composed of
+ civil officers of the United States, and we are not bound to conform our
+ action to any opinion of any such authority."
+</p>
+<p>
+ This bill and the acts to which it is supplementary are all founded upon
+ the assumption that these ten communities are not States and that their
+ existing governments are not legal. Throughout the legislation upon this
+ subject they are called "rebel States," and in this particular bill they
+ are denominated "so-called States," and the vice of illegality is
+ declared to pervade all of them. The obligations of consistency bind a
+ legislative body as well as the individuals who compose it. It is now
+ too late to say that these ten political communities are not States of
+ this Union. Declarations to the contrary made in these three acts are
+ contradicted again and again by repeated acts of legislation enacted by
+ Congress from the year 1861 to the year 1867.
+</p>
+<p>
+ During that period, while these States were in actual rebellion, and
+ after that rebellion was brought to a close, they have been again and
+ again recognized as States of the Union. Representation has been
+ apportioned to them as States. They have been divided into judicial
+ districts for the holding of district and circuit courts of the United
+ States, as States of the Union only can be districted. The last act on
+ this subject was passed July 23, 1866, by which every one of these ten
+ States was arranged into districts and circuits.
+</p>
+<p>
+ They have been called upon by Congress to act through their legislatures
+ upon at least two amendments to the Constitution of the United States.
+ As States they have ratified one amendment, which required the vote
+ of twenty-seven States of the thirty-six then composing the Union.
+ When the requisite twenty-seven votes were given in favor of that
+ amendment&mdash;seven of which votes were given by seven of these ten
+ States&mdash;it was proclaimed to be a part of the Constitution of the United
+ States, and slavery was declared no longer to exist within the United
+ States or any place subject to their jurisdiction. If these seven States
+ were not legal States of the Union, it follows as an inevitable
+ consequence that in some of the States slavery yet exists. It does not
+ exist in these seven States, for they have abolished it also in their
+ State constitutions; but Kentucky not having done so, it would still
+ remain in that State. But, in truth, if this assumption that these
+ States have no legal State governments be true, then the abolition of
+ slavery by these illegal governments binds no one, for Congress now
+ denies to these States the power to abolish slavery by denying to them
+ the power to elect a legal State legislature, or to frame a constitution
+ for any purpose, even for such a purpose as the abolition of slavery.
+</p>
+<p>
+ As to the other constitutional amendment, having reference to suffrage,
+ it happens that these States have not accepted it. The consequence is
+ that it has never been proclaimed or understood, even by Congress, to be
+ a part of the Constitution of the United States. The Senate of the
+ United States has repeatedly given its sanction to the appointment of
+ judges, district attorneys, and marshals for every one of these States;
+ yet, if they are not legal States, not one of these judges is authorized
+ to hold a court. So, too, both Houses of Congress have passed
+ appropriation bills to pay all these judges, attorneys, and officers of
+ the United States for exercising their functions in these States. Again,
+ in the machinery of the internal-revenue laws all these States are
+ districted, not as "Territories," but as "States."
+</p>
+<p>
+ So much for continuous legislative recognition. The instances cited,
+ however, fall far short of all that might be enumerated. Executive
+ recognition, as is well known, has been frequent and unwavering. The
+ same maybe said as to judicial recognition through the Supreme Court of
+ the United States. That august tribunal, from first to last, in the
+ administration of its duties <i>in banc</i> and upon the circuit, has never
+ failed to recognize these ten communities as legal States of the Union.
+ The cases depending in that court upon appeal and writ of error from
+ these States when the rebellion began have not been dismissed upon any
+ idea of the cessation of jurisdiction. They were carefully continued
+ from term to term until the rebellion was entirely subdued and peace
+ reestablished, and then they were called for argument and consideration
+ as if no insurrection had intervened. New cases, occurring since the
+ rebellion, have come from these States before that court by writ of
+ error and appeal, and even by original suit, where only "a State" can
+ bring such a suit. These cases are entertained by that tribunal in the
+ exercise of its acknowledged jurisdiction, which could not attach to
+ them if they had come from any political body other than a State of the
+ Union. Finally, in the allotment of their circuits made by the judges at
+ the December term, 1865, every one of these States is put on the same
+ footing of legality with all the other States of the Union. Virginia
+ and North Carolina, being a part of the fourth circuit, are allotted to
+ the Chief Justice. South Carolina, Georgia, Alabama, Mississippi, and
+ Florida constitute the fifth circuit, and are allotted to the late Mr.
+ Justice Wayne. Louisiana, Arkansas, and Texas are allotted to the sixth
+ judicial circuit, as to which there is a vacancy on the bench.
+</p>
+<p>
+ The Chief Justice, in the exercise of his circuit duties, has recently
+ held a circuit court in the State of North Carolina. If North Carolina
+ is not a State of this Union, the Chief Justice had no authority to hold
+ a court there, and every order, judgment, and decree rendered by him in
+ that court were <i>coram non judice</i> and void.
+</p>
+<p>
+ Another ground on which these reconstruction acts are attempted to be
+ sustained is this: That these ten States are conquered territory; that
+ the constitutional relation in which they stood as States toward the
+ Federal Government prior to the rebellion has given place to a new
+ relation; that their territory is a conquered country and their citizens
+ a conquered people, and that in this new relation Congress can govern
+ them by military power.
+</p>
+<p>
+ A title by conquest stands on clear ground; it is a new title acquired
+ by war; it applies only to territory; for goods or movable things
+ regularly captured in war are called "booty," or, if taken by individual
+ soldiers, "plunder."
+</p>
+<p>
+ There is not a foot of the land in any one of these ten States which
+ the United States holds by conquest, save only such land as did not
+ belong to either of these States or to any individual owner. I mean such
+ lands as did belong to the pretended government called the Confederate
+ States. These lands we may claim to hold by conquest. As to all other
+ land or territory, whether belonging to the States or to individuals,
+ the Federal Government has now no more title or right to it than
+ it had before the rebellion. Our own forts, arsenals, navy-yards,
+ custom-houses, and other Federal property situate in those States we
+ now hold, not by the title of conquest, but by our old title, acquired
+ by purchase or condemnation for public use, with compensation to
+ former owners. We have not conquered these places, but have simply
+ "repossessed" them.
+</p>
+<p>
+ If we require more sites for forts, custom-houses, or other public use,
+ we must acquire the title to them by purchase or appropriation in the
+ regular mode. At this moment the United States, in the acquisition of
+ sites for national cemeteries in these States, acquires title in the
+ same way. The Federal courts sit in court-houses owned or leased by the
+ United States, not in the court-houses of the States. The United States
+ pays each of these States for the use of its jails. Finally, the United
+ States levies its direct taxes and its internal revenue upon the
+ property in these States, including the productions of the lands within
+ their territorial limits, not by way of levy and contribution in the
+ character of a conqueror, but in the regular way of taxation, under the
+ same laws which apply to all the other States of the Union.
+</p>
+<p>
+ From first to last, during the rebellion and since, the title of each of
+ these States to the lands and public buildings owned by them has never
+ been disturbed, and not a foot of it has ever been acquired by the
+ United States, even under a title by confiscation, and not a foot of
+ it has ever been taxed under Federal law.
+</p>
+<p>
+ In conclusion I must respectfully ask the attention of Congress to the
+ consideration of one more question arising under this bill. It vests in
+ the military commander, subject only to the approval of the General of
+ the Army of the United States, an unlimited power to remove from office
+ any civil or military officer in each of these ten States, and the
+ further power, subject to the same approval, to detail or appoint any
+ military officer or soldier of the United States to perform the duties
+ of the officer so removed, and to fill all vacancies occurring in those
+ States by death, resignation, or otherwise.
+</p>
+<p>
+ The military appointee thus required to perform the duties of a
+ civil office according to the laws of the State, and, as such, required
+ to take an oath, is for the time being a civil officer. What is his
+ character? Is he a civil officer of the State or a civil officer of the
+ United States? If he is a civil officer of the State, where is the
+ Federal power under our Constitution which authorizes his appointment by
+ any Federal officer? If, however, he is to be considered a civil officer
+ of the United States, as his appointment and oath would seem to
+ indicate, where is the authority for his appointment vested by the
+ Constitution? The power of appointment of all officers of the United
+ States, civil or military, where not provided for in the Constitution,
+ is vested in the President, by and with the advice and consent of the
+ Senate, with this exception, that Congress "may by law vest the
+ appointment of such inferior officers as they think proper in the
+ President alone, in the courts of law, or in the heads of Departments."
+ But this bill, if these are to be considered inferior officers within
+ the meaning of the Constitution, does not provide for their appointment
+ by the President alone, or by the courts of law, or by the heads of
+ Departments, but vests the appointment in one subordinate executive
+ officer, subject to the approval of another subordinate executive
+ officer. So that, if we put this question and fix the character of this
+ military appointee either way, this provision of the bill is equally
+ opposed to the Constitution.
+</p>
+<p>
+ Take the case of a soldier or officer appointed to perform the office
+ of judge in one of these States, and, as such, to administer the
+ proper laws of the State. Where is the authority to be found in the
+ Constitution for vesting in a military or an executive officer strict
+ judicial functions to be exercised under State law? It has been again
+ and again decided by the Supreme Court of the United States that acts
+ of Congress which have attempted to vest <i>executive</i> powers in the
+ <i>judicial</i> courts or judges of the United States are not warranted by
+ the Constitution. If Congress can not clothe <i>a judge</i> with merely
+ <i>executive</i> duties, how can they clothe <i>an officer</i> or <i>soldier</i> of the
+ Army with <i>judicial</i> duties over citizens of the United States who are
+ not in the military or naval service? So, too, it has been repeatedly
+ decided that Congress can not require a State officer, executive or
+ judicial, to perform any duty enjoined upon him by a law of the United
+ States. How, then, can Congress confer power upon an executive officer
+ of the United States to perform such duties in a State? If Congress
+ could not vest in a judge of one of these States any judicial authority
+ under the United States by direct enactment, how can it accomplish the
+ same thing indirectly, by removing the State judge and putting an
+ officer of the United States in his place?
+</p>
+<p>
+ To me these considerations are conclusive of the unconstitutionality
+ of this part of the bill now before me, and I earnestly commend their
+ consideration to the deliberate judgment of Congress.
+</p>
+<p>
+ Within a period less than a year the legislation of Congress has
+ attempted to strip the executive department of the Government of some
+ of its essential powers. The Constitution and the oath provided in it
+ devolve upon the President the power and duty to see that the laws are
+ faithfully executed. The Constitution, in order to carry out this power,
+ gives him the choice of the agents, and makes them subject to his
+ control and supervision. But in the execution of these laws the
+ constitutional obligation upon the President remains, but the power
+ to exercise that constitutional duty is effectually taken away. The
+ military commander is as to the power of appointment made to take the
+ place of the President, and the General of the Army the place of the
+ Senate; and any attempt on the part of the President to assert his own
+ constitutional power may, under pretense of law, be met by official
+ insubordination. It is to be feared that these military officers,
+ looking to the authority given by these laws rather than to the letter
+ of the Constitution, will recognize no authority but the commander of
+ the district and the General of the Army.
+</p>
+<p>
+ If there were no other objection than this to this proposed legislation,
+ it would be sufficient. Whilst I hold the chief executive authority of
+ the United States, whilst the obligation rests upon me to see that all
+ the laws are faithfully executed, I can never willingly surrender that
+ trust or the powers given for its execution. I can never give my assent
+ to be made responsible for the faithful execution of laws, and at the
+ same time surrender that trust and the powers which accompany it to any
+ other executive officer, high or low, or to any number of executive
+ officers. If this executive trust, vested by the Constitution in the
+ President, is to be taken from him and vested in a subordinate officer,
+ the responsibility will be with Congress in clothing the subordinate
+ with unconstitutional power and with the officer who assumes its
+ exercise.
+</p>
+<p>
+ This interference with the constitutional authority of the executive
+ department is an evil that will inevitably sap the foundations of our
+ federal system; but it is not the worst evil of this legislation. It is
+ a great public wrong to take from the President powers conferred on him
+ alone by the Constitution, but the wrong is more flagrant and more
+ dangerous when the powers so taken from the President are conferred upon
+ subordinate executive officers, and especially upon military officers.
+ Over nearly one-third of the States of the Union military power,
+ regulated by no fixed law, rules supreme. Each one of the five district
+ commanders, though not chosen by the people or responsible to them,
+ exercises at this hour more executive power, military and civil, than
+ the people have ever been willing to confer upon the head of the
+ executive department, though chosen by and responsible to themselves.
+ The remedy must come from the people themselves. They know what it is
+ and how it is to be applied. At the present time they can not, according
+ to the forms of the Constitution, repeal these laws; they can not remove
+ or control this military despotism. The remedy is, nevertheless, in
+ their hands; it is to be found in the ballot, and is a sure one if
+ not controlled by fraud, overawed by arbitrary power, or, from apathy
+ on their part, too long delayed. With abiding confidence in their
+ patriotism, wisdom, and integrity, I am still hopeful of the future, and
+ that in the end the rod of despotism will be broken, the armed heel of
+ power lifted from the necks of the people, and the principles of a
+ violated Constitution preserved.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 19, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ For reasons heretofore stated in my several veto messages to Congress
+ upon the subject of reconstruction, I return without my approval the
+ "Joint resolution to carry into effect the several acts providing for
+ the more efficient government of the rebel States," and appropriating
+ for that purpose the sum of $1,000,000.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by the Constitution of the United States the executive power is
+ vested in a President of the United States of America, who is bound by
+ solemn oath faithfully to execute the office of President and to the
+ best of his ability to preserve, protect, and defend the Constitution of
+ the United States, and is by the same instrument made Commander in Chief
+ of the Army and Navy of the United States and is required to take care
+ that the laws be faithfully executed; and
+</p>
+<p>
+ Whereas by the same Constitution it is provided that the said
+ Constitution and the laws of the United States which shall be made in
+ pursuance thereof shall be the supreme law of the land, and the judges
+ in every State shall be bound thereby; and
+</p>
+<p>
+ Whereas in and by the same Constitution the judicial power of the United
+ States is vested in one Supreme Court and in such inferior courts as
+ Congress may from time to time ordain and establish, and the aforesaid
+ judicial power is declared to extend to all cases in law and equity
+ arising under the Constitution, the laws of the United States, and the
+ treaties which shall be made under their authority; and
+</p>
+<p>
+ Whereas all officers, civil and military, are bound by oath that they
+ will support and defend the Constitution against all enemies, foreign
+ and domestic, and will bear true faith and allegiance to the same; and
+</p>
+<p>
+ Whereas all officers of the Army and Navy of the United States, in
+ accepting their commissions under the laws of Congress and the Rules and
+ Articles of War, incur an obligation to observe, obey, and follow such
+ directions as they shall from time to time receive from the President or
+ the General or other superior officers set over them according to the
+ rules and discipline of war; and
+</p>
+<p>
+ Whereas it is provided by law that whenever, by reason of unlawful
+ obstructions, combinations, or assemblages of persons or rebellion
+ against the authority of the Government of the United States, it shall
+ become impracticable, in the judgment of the President of the United
+ States, to enforce by the ordinary course of judicial proceedings the
+ laws of the United States within any State or Territory, the Executive
+ in that case is authorized and required to secure their faithful
+ execution by the employment of the land and naval forces; and
+</p>
+<p>
+ Whereas impediments and obstructions, serious in their character, have
+ recently been interposed in the States of North Carolina and South
+ Carolina, hindering and preventing for a time a proper enforcement there
+ of the laws of the United States and of the judgments and decrees of a
+ lawful court thereof, in disregard of the command of the President of
+ the United States; and
+</p>
+<p>
+ Whereas reasonable and well-founded apprehensions exist that such
+ ill-advised and unlawful proceedings may be again attempted there or
+ elsewhere:
+</p>
+<p>
+ Now, therefore, I, Andrew Johnson, President of the United States, do
+ hereby warn all persons against obstructing or hindering in any manner
+ whatsoever the faithful execution of the Constitution and the laws; and
+ I do solemnly enjoin and command all officers of the Government, civil
+ and military, to render due submission and obedience to said laws and to
+ the judgments and decrees of the courts of the United States, and to
+ give all the aid in their power necessary to the prompt enforcement and
+ execution of such laws, decrees, judgments, and processes.
+</p>
+<p>
+ And I do hereby enjoin upon the officers of the Army and Navy to assist
+ and sustain the courts and other civil authorities of the United States
+ in a faithful administration of the laws thereof and in the judgments,
+ decrees, mandates, and processes of the courts of the United States; and
+ I call upon all good and well-disposed citizens of the United States
+ to remember that upon the said Constitution and laws, and upon the
+ judgments, decrees, and processes of the courts made in accordance with
+ the same, depend the protection of the lives, liberty, property, and
+ happiness of the people. And I exhort them everywhere to testify their
+ devotion to their country, their pride in its prosperity and greatness,
+ and their determination to uphold its free institutions by a hearty
+ cooperation in the efforts of the Government to sustain the authority of
+ the law, to maintain the supremacy of the Federal Constitution, and to
+ preserve unimpaired the integrity of the National Union.
+</p>
+<p>
+ In testimony whereof I have caused the seal of the United States to be
+ affixed to these presents and sign the same with my hand.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 3d day of September, in the year
+ 1867.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas in the month of July, A.D. 1861, the two Houses of Congress,
+ with extraordinary unanimity, solemnly declared that the war then
+ existing was not waged on the part of the Government in any spirit of
+ oppression nor for any purpose of conquest or subjugation, nor purpose
+ of overthrowing or interfering with the rights or established
+ institutions of the States, but to defend and maintain the supremacy
+ of the Constitution and to preserve the Union, with all the dignity,
+ equality, and rights of the several States unimpaired, and that as soon
+ as these objects should be accomplished the war ought to cease; and
+</p>
+<p>
+ Whereas the President of the United States, on the 8th day of December,
+ A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the
+ objects of suppressing the then existing rebellion, of inducing all
+ persons to return to their loyalty, and of restoring the authority of
+ the United States, issue proclamations offering amnesty and pardon to
+ all persons who had, directly or indirectly, participated in the then
+ existing rebellion, except as in those proclamations was specified and
+ reserved; and
+</p>
+<p>
+ Whereas the President of the United States did on the 29th day of May,
+ A.D. 1865, issue a further proclamation, with the same objects before
+ mentioned, and to the end that the authority of the Government of the
+ United States might be restored and that peace, order, and freedom might
+ be established, and the President did by the said last-mentioned
+ proclamation proclaim and declare that he thereby granted to all persons
+ who had, directly or indirectly, participated in the then existing
+ rebellion, except as therein excepted, amnesty and pardon, with
+ restoration of all rights of property, except as to slaves, and except
+ in certain cases where legal proceedings had been instituted, but upon
+ condition that such persons should take and subscribe an oath therein
+ prescribed, which oath should be registered for permanent preservation;
+ and
+</p>
+<p>
+ Whereas in and by the said last-mentioned proclamation of the 29th
+ day of May, A.D. 1865, fourteen extensive classes of persons therein
+ specially described were altogether excepted and excluded from the
+ benefits thereof; and
+</p>
+<p>
+ Whereas the President of the United States did, on the 2d day of April,
+ A.D. 1866, issue a proclamation declaring that the insurrection was at
+ an end and was thenceforth to be so regarded; and
+</p>
+<p>
+ Whereas there now exists no organized armed resistance of misguided
+ citizens or others to the authority of the United States in the
+ States of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+ Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the
+ laws can be sustained and enforced therein by the proper civil
+ authority, State or Federal, and the people of said States are well and
+ loyally disposed, and have conformed, or, if permitted to do so, will
+ conform in their legislation to the condition of affairs growing out
+ of the amendment to the Constitution of the United States prohibiting
+ slavery within the limits and jurisdiction of the United States; and
+</p>
+<p>
+ Whereas there no longer exists any reasonable ground to apprehend within
+ the States which were involved in the late rebellion any renewal thereof
+ or any unlawful resistance by the people of said States to the
+ Constitution and laws of the United States; and
+</p>
+<p>
+ Whereas large standing armies, military occupation, martial law,
+ military tribunals, and the suspension of the privilege of the writ of
+ <i>habeas corpus</i> and the right of trial by jury are in time of peace
+ dangerous to public liberty, incompatible with the individual rights of
+ the citizen, contrary to the genius and spirit of our free institutions,
+ and exhaustive of the national resources, and ought not, therefore,
+ to be sanctioned or allowed except in cases of actual necessity for
+ repelling invasion or suppressing insurrection or rebellion; and
+</p>
+<p>
+ Whereas a retaliatory or vindictive policy, attended by unnecessary
+ disqualifications, pains, penalties, confiscations, and disfranchisements,
+ now, as always, could only tend to hinder reconciliation among the people
+ and national restoration, while it must seriously embarrass, obstruct,
+ and repress popular energies and national industry and enterprise; and
+</p>
+<p>
+ Whereas for these reasons it is now deemed essential to the public
+ welfare and to the more perfect restoration of constitutional law and
+ order that the said last-mentioned proclamation so as aforesaid issued
+ on the 29th day of May, A.D. 1865, should be modified, and that the full
+ and beneficent pardon conceded thereby should be opened and further
+ extended to a large number of the persons who by its aforesaid
+ exceptions have been hitherto excluded from Executive clemency:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby proclaim and declare that the full pardon
+ described in the said proclamation of the 29th day of May, A.D. 1865,
+ shall henceforth be opened and extended to all persons who, directly or
+ indirectly, participated in the late rebellion, with the restoration
+ of all privileges, immunities, and rights of property, except as to
+ property with regard to slaves, and except in cases of legal proceedings
+ under the laws of the United States; but upon this condition,
+ nevertheless, that every such person who shall seek to avail himself of
+ this proclamation shall take and subscribe the following oath and shall
+ cause the same to be registered for permanent preservation in the same
+ manner and with the same effect as with the oath prescribed in the said
+ proclamation of the 29th day of May, 1865, namely:
+</p>
+<p class="q">
+ I, &mdash;&mdash; &mdash;&mdash;, do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the late
+ rebellion with reference to the emancipation of slaves. So help me God.
+</p>
+<p>
+ The following persons, and no others, are excluded from the benefits of
+ this proclamation and of the said proclamation of the 29th day of May,
+ 1865, namely:
+</p>
+<p>
+ First. The chief or pretended chief executive officers, including the
+ President, the Vice-President, and all heads of departments of the
+ pretended Confederate or rebel government, and all who were agents
+ thereof in foreign states and countries, and all who held or pretended
+ to hold in the service of the said pretended Confederate government a
+ military rank or title above the grade of brigadier-general or naval
+ rank or title above that of captain, and all who were or pretended to be
+ governors of States while maintaining, aiding, abetting, or submitting
+ to and acquiescing in the rebellion.
+</p>
+<p>
+ Second. All persons who in any way treated otherwise than as lawful
+ prisoners of war persons who in any capacity were employed or engaged in
+ the military or naval service of the United States.
+</p>
+<p>
+ Third. All persons who at the time they may seek to obtain the benefits
+ of this proclamation are actually in civil, military, or naval
+ confinement or custody, or legally held to bail, either before or after
+ conviction, and all persons who were engaged, directly or indirectly, in
+ the assassination of the late President of the United States or in any
+ plot or conspiracy in any manner therewith connected.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 7th day of September, A.D. 1867, and
+ of the Independence of the United States of America the ninety-second.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas it has been ascertained that in the nineteenth paragraph of
+ the proclamation of the President of the United States of the 20th of
+ August, 1866, declaring the insurrection at an end which had theretofore
+ existed in the State of Texas, the previous proclamation of the 13th of
+ June, 1865, instead of that of the 2d day of April, 1866, was referred
+ to:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, do hereby declare and proclaim that the said words
+ "13th of June, 1865," are to be regarded as erroneous in the paragraph
+ adverted to, and that the words "2d day of April, 1866," are to be
+ considered as substituted therefor.
+</p>
+<p>
+ In testimony whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 7th day of October, A.D. 1867, and
+ of the Independence of the United States of America the ninety-second.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ In conformity with a recent custom that may now be regarded as
+ established on national consent and approval, I, Andrew Johnson,
+ President of the United States, do hereby recommend to my
+ fellow-citizens that Thursday, the 28th day of November next, be set
+ apart and observed throughout the Republic as a day of national
+ thanksgiving and praise to the Almighty Ruler of Nations, with whom are
+ dominion and fear, who maketh peace in His high places.
+</p>
+<p>
+ Resting and refraining from secular labors on that day, let us
+ reverently and devoutly give thanks to our Heavenly Father for the
+ mercies and blessings with which He has crowned the now closing year.
+ Especially let us remember that He has covered our land through all
+ its extent with greatly needed and very abundant harvests; that He has
+ caused industry to prosper, not only in our fields, but also in our
+ workshops, in our mines, and in our forests. He has permitted us to
+ multiply ships upon our lakes and rivers and upon the high seas, and at
+ the same time to extend our iron roads so far into the secluded places
+ of the continent as to guarantee speedy overland intercourse between
+ the two oceans. He has inclined our hearts to turn away from domestic
+ contentions and commotions consequent upon a distracting and desolating
+ civil war, and to walk more and more in the ancient ways of loyalty,
+ conciliation, and brotherly love. He has blessed the peaceful efforts
+ with which we have established new and important commercial treaties
+ with foreign nations, while we have at the same time strengthened our
+ national defenses and greatly enlarged our national borders.
+</p>
+<p>
+ While thus rendering the unanimous and heartfelt tribute of national
+ praise and thanksgiving which is so justly due to Almighty God, let us
+ not fail to implore Him that the same divine protection and care which
+ we have hitherto so undeservedly and yet so constantly enjoyed may be
+ continued to our country and our people throughout all their generations
+ forever.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 26th day of October, A.D. 1867, and
+ of the Independence of the United States the ninety-second.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<center>
+ GENERAL ORDERS, No. 10.
+</center>
+<p class="r">
+HEADQUARTERS OF THE ARMY,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, March 11, 1867</i>.
+</p>
+<hr>
+<p>
+ II. In pursuance of the act of Congress entitled "An act to provide for
+ the more efficient government of the rebel States," the President
+ directs the following assignments to be made:
+</p>
+<p>
+ First District, State of Virginia, to be commanded by Brevet
+ Major-General J.M. Schofield. Headquarters, Richmond, Va.
+</p>
+<p>
+ Second District, consisting of North Carolina and South Carolina, to be
+ commanded by Major-General D.E. Sickles. Headquarters, Columbia, S.C.
+</p>
+<p>
+ Third District, consisting of the States of Georgia, Florida, and
+ Alabama, to be commanded by Major-General G.H. Thomas. Headquarters,
+ Montgomery, Ala.
+</p>
+<p>
+ Fourth District, consisting of the States of Mississippi and Arkansas,
+ to be commanded by Brevet Major-General E.O.C. Ord. Headquarters,
+ Vicksburg, Miss.
+</p>
+<p>
+ Fifth District, consisting of the States of Louisiana and Texas, to be
+ commanded by Major-General P.H. Sheridan. Headquarters, New Orleans, La.
+</p>
+<p>
+ The powers of departmental commanders are hereby delegated to the
+ above-named district commanders.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 18.
+</center>
+<p class="r">
+HEADQUARTERS OF THE ARMY,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, March 15, 1867</i>.
+</p>
+<p>
+ The President directs that the following change be made, at the request
+ of Major-General Thomas, in the assignment announced in General Orders,
+ No. 10, of March 11, 1867, of commanders of districts, under the act of
+ Congress entitled "An act to provide for the more efficient government
+ of the rebel States," and of the Department of the Cumberland, created
+ in General Orders, No. 14, of March 12, 1867:
+</p>
+<p>
+ Brevet Major-General John Pope to command the Third District, consisting
+ of the States of Georgia, Florida, and Alabama; and Major-General George
+ H. Thomas to command the Department of the Cumberland
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+WAR DEPARTMENT,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, June 20, 1867</i>.
+</p>
+<p>
+ Whereas several commanders of military districts created by the acts of
+ Congress known as the reconstruction acts have expressed doubts as to
+ the proper construction thereof and in respect to some of their powers
+ and duties under said acts, and have applied to the Executive for
+ information in relation thereto; and
+</p>
+<p>
+ Whereas the said acts of Congress have been referred to the
+ Attorney-General for his opinion thereon, and the said acts and the
+ opinion of the Attorney-General have been fully and carefully considered
+ by the President in conference with the heads of the respective
+ Departments:
+</p>
+<p>
+ The President accepts the following as a practical interpretation of the
+ aforesaid acts of Congress on the points therein presented, and directs
+ the same to be transmitted to the respective military commanders for
+ their information, in order that there may be uniformity in the
+ execution of said acts:
+</p>
+<p>
+ 1. The oath prescribed in the supplemental act defines all the
+ qualifications required, and every person who can take that oath is
+ entitled to have his name entered upon the list of voters.
+</p>
+<p>
+ 2. The board of registration have no authority to administer any other
+ oath to the person applying for registration than this prescribed oath,
+ nor to administer an oath to any other person touching the
+ qualifications of the applicant or the falsity of the oath so taken by
+ him. The act, to guard against falsity in the oath, provides that if
+ false the person taking it shall be tried and punished for perjury.
+</p>
+<p>
+ No provision is made for challenging the qualifications of the applicant
+ or entering upon any trial or investigation of his qualifications,
+ either by witnesses or any other form of proof.
+</p>
+<p>
+ 3. <i>As to citizenship and residence</i>:
+</p>
+<p>
+ The applicant for registration must be a citizen of the State and of the
+ United States, and must be a resident of a county or parish included in
+ the election district. He may be registered if he has been such citizen
+ for a period less than twelve months at the time he applies for
+ registration, but he can not vote at any election unless his citizenship
+ has <i>then</i> extended to the full term of one year. As to such a person,
+ the exact length of his citizenship should be noted opposite his name on
+ the list, so that it may appear on the day of election, upon reference
+ to the list, whether the full term has then been accomplished.
+</p>
+<p>
+ 4. An unnaturalized person can not take this oath, but an alien who has
+ been naturalized can take it, and no other proof of naturalization can
+ be required from him.
+</p>
+<p>
+ 5. No one who is not 21 years of age at the time of registration can
+ take the oath, for he must swear that he has then attained that age.
+</p>
+<p>
+ 6. No one who has been disfranchised for participation in any rebellion
+ against the United States or for felony committed against the laws of
+ any State or of the United States can take this oath.
+</p>
+<p>
+ The actual participation in a rebellion or the actual commission of a
+ felony does not amount to disfranchisement. The sort of disfranchisement
+ here meant is that which is declared by law passed by competent
+ authority, or which has been fixed upon the criminal by the sentence of
+ the court which tried him for the crime.
+</p>
+<p>
+ No law of the United States has declared the penalty of disfranchisement
+ for participation in rebellion alone; nor is it known that any such law
+ exists in either of these ten States, except, perhaps, Virginia, as to
+ which State special instructions will be given.
+</p>
+<p>
+ 7. <i>As to disfranchisement arising from having held office followed by
+ participation in rebellion</i>:
+</p>
+<p>
+ This is the most important part of the oath, and requires strict
+ attention to arrive at its meaning. The applicant must swear or affirm
+ as follows:
+</p>
+<p class="q">
+ That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in
+ an insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive
+ or judicial officer of any State, to support the Constitution of the
+ United States, and afterwards engaged in insurrection or rebellion
+ against the United States or given aid or comfort to the enemies
+ thereof.
+</p>
+<p>
+ Two elements must concur in order to disqualify a person under these
+ clauses: First, the office and official oath to support the Constitution
+ of the United States; second, engaging afterwards in rebellion. Both
+ must exist to work disqualification, and must happen in the order of
+ time mentioned.
+</p>
+<p>
+ A person who has held an office and taken the oath to support the
+ Federal Constitution and has not afterwards engaged in rebellion is not
+ disqualified. So, too, a person who has engaged in rebellion, but has
+ not theretofore held an office and taken that oath, is not disqualified.
+</p>
+<p>
+ 8. <i>Officers of the United States</i>:
+</p>
+<p>
+ As to these the language is without limitation. The person who has at
+ any time prior to the rebellion held an office, civil or military, under
+ the United States, and has taken an official oath to support the
+ Constitution of the United States, is subject to disqualification.
+</p>
+<p>
+ 9. <i>Militia officers</i> of any State prior to the rebellion are not
+ subject to disqualification.
+</p>
+<p>
+ 10. <i>Municipal officers</i>&mdash;that is to say, officers of incorporated
+ cities, towns, and villages, such as mayors, aldermen, town council,
+ police, and other city or town officers&mdash;are not subject to
+ disqualification.
+</p>
+<p>
+ 11. Persons who have prior to the rebellion been members of the Congress
+ of the United States or members of a State legislature are subject to
+ disqualification, but those who have been members of conventions framing
+ or amending the Constitution of a State prior to the rebellion are not
+ subject to disqualification.
+</p>
+<p>
+ 12. All the executive or judicial officers of any State who took an oath
+ to support the Constitution of the United States are subject to
+ disqualification, including county officers. They are subject to
+ disqualification if they were required to take as a part of their
+ official oath <i>the oath to support the Constitution of the United
+ States</i>.
+</p>
+<p>
+ 13. Persons who exercised mere employment under State authority are not
+ disqualified; such as commissioners to lay out roads, commissioners of
+ public works, visitors of State institutions, directors of State
+ institutions, examiners of banks, notaries public, and commissioners to
+ take acknowledgments of deeds.
+</p>
+<center>
+ ENGAGING IN REBELLION.
+</center>
+<p>
+ Having specified what offices held by anyone prior to the rebellion come
+ within the meaning of the law, it is necessary next to set forth what
+ subsequent conduct fixes upon such person the offense of engaging in
+ rebellion. Two things must exist as to any person to disqualify him from
+ voting: First, the office held prior to the rebellion, and, afterwards,
+ participation in the rebellion.
+</p>
+<p>
+ 14. An act to fix upon a person the offense of engaging in the rebellion
+ under this law must be an overt and voluntary act, done with the intent
+ of aiding or furthering the common unlawful purpose. A person forced
+ into the rebel service by conscription or under a paramount authority
+ which he could not safely disobey, and who would not have entered such
+ service if left to the free exercise of his own will, can not be held
+ to be disqualified from voting.
+</p>
+<p>
+ 15. Mere acts of charity, where the intent is to relieve the wants of
+ the object of such charity, and not done in aid of the cause in which he
+ may have been engaged, do not disqualify; but organized contributions
+ of food and clothing for the general relief of persons engaged in the
+ rebellion, and not of a merely sanitary character, but contributed to
+ enable them to perform their unlawful object, may be classed with acts
+ which do disqualify.
+</p>
+<p>
+ Forced contributions to the rebel cause in the form of taxes or military
+ assessments, which a person was compelled to pay or contribute, do not
+ disqualify; but voluntary contributions to the rebel cause, even such
+ indirect contributions as arise from the voluntary loan of money to
+ rebel authorities or purchase of bonds or securities created to afford
+ the means of carrying on the rebellion, will work disqualification.
+</p>
+<p>
+ 16. All those who in legislative or other official capacity were engaged
+ in the furtherance of the common unlawful purpose, where the duties of
+ the office necessarily had relation to the support of the rebellion,
+ such as members of the rebel conventions, congresses, and legislatures,
+ diplomatic agents of the rebel Confederacy, and other officials whose
+ offices were created for the purpose of more effectually carrying on
+ hostilities or whose duties appertained to the support of the rebel
+ cause, must be held to be disqualified.
+</p>
+<p>
+ But officers who during the rebellion discharged official duties not
+ incident to war, but only such duties as belong even to a state of peace
+ and were necessary to the preservation of order and the administration
+ of law, are not to be considered as thereby engaging in rebellion or as
+ disqualified. Disloyal sentiments, opinions, or sympathies would not
+ disqualify, but where a person has by speech or by writing incited
+ others to engage in rebellion he must come under the disqualification.
+</p>
+<p>
+ 17. <i>The duties of the board appointed to superintend the elections</i>:
+</p>
+<p>
+ This board, having the custody of the list of registered voters in the
+ district for which it is constituted, must see that the name of the
+ person offering to vote is found upon the registration list, and if such
+ proves to be the fact it is the duty of the board to receive his vote if
+ then qualified by residence. They can not receive the vote of any person
+ whose name is not upon the list, though he may be ready to take the
+ registration oath, and although he may satisfy them that he was unable
+ to have his name registered at the proper time, in consequence of
+ absence, sickness, or other cause.
+</p>
+<p>
+ The board can not enter into any inquiry as to the qualifications of any
+ person whose name is not on the registration list, or as to the
+ qualifications of any person whose name is on the list.
+</p>
+<p>
+ 18. <i>The mode of voting</i> is provided in the act to be <i>by ballot</i>. The
+ board will keep a record and poll book of the election, showing the
+ votes, list of voters, and the persons elected by a plurality of the
+ votes cast at the election, and make returns of these to the commanding
+ general of the district.
+</p>
+<p>
+ 19. The board appointed for registration and for superintending the
+ elections must take the oath prescribed by the act of Congress approved
+ July 2, 1862, entitled "An act to prescribe an oath of office."
+</p>
+<p>
+ By order of the President:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, August 12, 1867</i>,
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+</p>
+<p>
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War <i>ad interim</i>,
+ all records, books, and other property now in your custody and charge.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., August 12, 1867</i>.
+</p>
+<p>
+ General ULYSSES S. GRANT,
+<br>
+ <i>Washington, D.C.</i>
+</p>
+<p>
+ SIR: The Hon. Edwin M. Stanton having been this day suspended as
+ Secretary of War, you are hereby authorized and empowered to act as
+ Secretary of War <i>ad interim</i>, and will at once enter upon the discharge
+ of the duties of the office.
+</p>
+<p>
+ The Secretary of War has been instructed to transfer to you all the
+ records, books, papers, and other public property now in his custody
+ and charge.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., August 17, 1867</i>.
+</p>
+<p>
+ Major-General George H. Thomas is hereby assigned to the command of the
+ Fifth Military District, created by the act of Congress passed on the 2d
+ day of March, 1867.
+</p>
+<p>
+ Major-General P.H. Sheridan is hereby assigned to the command of the
+ Department of the Missouri.
+</p>
+<p>
+ Major-General Winfield S. Hancock is hereby assigned to the command of
+ the Department of the Cumberland.
+</p>
+<p>
+ The Secretary of War <i>ad interim</i> will give the necessary instructions
+ to carry this order into effect.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., August 26, 1867</i>.
+</p>
+<p>
+ General U.S. GRANT,
+<br>
+ <i>Secretary of War ad interim</i>.
+</p>
+<p>
+ SIR: In consequence of the unfavorable condition of the health of
+ Major-General George H. Thomas, as reported to you in Surgeon Hasson's
+ dispatch of the 21st instant, my order dated August 17, 1867, is hereby
+ modified so as to assign Major-General Winfield S. Hancock to the
+ command of the Fifth Military District, created by the act of Congress
+ passed March 2, 1867, and of the military department comprising the
+ States of Louisiana and Texas. On being relieved from the command
+ of the Department of the Missouri by Major-General P. H. Sheridan,
+ Major-General Hancock will proceed directly to New Orleans, La.,
+ and, assuming the command to which he is hereby assigned, will, when
+ necessary to a faithful execution of the laws, exercise any and all
+ powers conferred by acts of Congress upon district commanders and any
+ and all authority pertaining to officers in command of military
+ departments.
+</p>
+<p>
+ Major-General P.H. Sheridan will at once turn over his present command
+ to the officer next in rank to himself, and, proceeding without delay
+ to Fort Leavenworth, Kans., will relieve Major-General Hancock of the
+ command of the Department of the Missouri.
+</p>
+<p>
+ Major-General George H. Thomas will until further orders remain in
+ command of the Department of the Cumberland.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., August 26, 1867</i>.
+</p>
+<p>
+ Brevet Major-General Edward R.S. Canby is hereby assigned to the command
+ of the Second Military District, created by the act of Congress of March
+ 2, 1867, and of the Military Department of the South, embracing the
+ States of North Carolina and South Carolina. He will, as soon as
+ practicable, relieve Major-General Daniel E. Sickles, and, on assuming
+ the command to which he is hereby assigned, will, when necessary to a
+ faithful execution of the laws, exercise any and all powers conferred by
+ acts of Congress upon district commanders and any and all authority
+ pertaining to officers in command of military departments.
+</p>
+<p>
+ Major-General Daniel E. Sickles is hereby relieved from the command of
+ the Second Military District.
+</p>
+<p>
+ The Secretary of War <i>ad interim</i> will give the necessary instructions
+ to carry this order into effect.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., September 4, 1867</i>.
+</p>
+<p>
+ The heads of the several Executive Departments of the Government are
+ instructed to furnish each person holding an appointment in their
+ respective Departments with an official copy of the proclamation of the
+ President bearing date the 3d instant, with directions strictly to
+ observe its requirements for an earnest support of the Constitution of
+ the United States and a faithful execution of the laws which have been
+ made in pursuance thereof.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ [Note.&mdash;The Fortieth Congress, second session, met December 2, 1867, in
+ conformity to the Constitution of the United States, and on July 27,
+ 1868, in accordance with the concurrent resolution of July 24, adjourned
+ to September 21; again met September 21, and adjourned to October 16;
+ again met October 16, and adjourned to November 10; again met November
+ 10 and adjourned to December 7, 1868; the latter meetings and
+ adjournments being in accordance with the concurrent resolution of
+ September 21.]
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ THIRD ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 3, 1867</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ The continued disorganization of the Union, to which the President has
+ so often called the attention of Congress, is yet a subject of profound
+ and patriotic concern. We may, however, find some relief from that
+ anxiety in the reflection that the painful political situation, although
+ before untried by ourselves, is not new in the experience of nations.
+ Political science, perhaps as highly perfected in our own time and
+ country as in any other, has not yet disclosed any means by which civil
+ wars can be absolutely prevented. An enlightened nation, however, with a
+ wise and beneficent constitution of free government, may diminish their
+ frequency and mitigate their severity by directing all its proceedings
+ in accordance with its fundamental law.
+</p>
+<p>
+ When a civil war has been brought to a close, it is manifestly the first
+ interest and duty of the state to repair the injuries which the war has
+ inflicted, and to secure the benefit of the lessons it teaches as fully
+ and as speedily as possible. This duty was, upon the termination of the
+ rebellion, promptly accepted, not only by the executive department, but
+ by the insurrectionary States themselves, and restoration in the first
+ moment of peace was believed to be as easy and certain as it was
+ indispensable. The expectations, however, then so reasonably and
+ confidently entertained were disappointed by legislation from which
+ I felt constrained by my obligations to the Constitution to withhold
+ my assent.
+</p>
+<p>
+ It is therefore a source of profound regret that in complying with the
+ obligation imposed upon the President by the Constitution to give to
+ Congress from time to time information of the state of the Union I am
+ unable to communicate any definitive adjustment, satisfactory to the
+ American people, of the questions which since the close of the rebellion
+ have agitated the public mind. On the contrary, candor compels me to
+ declare that at this time there is no Union as our fathers understood
+ the term, and as they meant it to be understood by us. The Union which
+ they established can exist only where all the States are represented in
+ both Houses of Congress; where one State is as free as another to
+ regulate its internal concerns according to its own will, and where the
+ laws of the central Government, strictly confined to matters of national
+ jurisdiction, apply with equal force to all the people of every section.
+ That such is not the present "state of the Union" is a melancholy fact,
+ and we must all acknowledge that the restoration of the States to their
+ proper legal relations with the Federal Government and with one another,
+ according to the terms of the original compact, would be the greatest
+ temporal blessing which God, in His kindest providence, could bestow
+ upon this nation. It becomes our imperative duty to consider whether
+ or not it is impossible to effect this most desirable consummation.
+</p>
+<p>
+ The Union and the Constitution are inseparable. As long as one is obeyed
+ by all parties, the other will be preserved; and if one is destroyed,
+ both must perish together. The destruction of the Constitution will be
+ followed by other and still greater calamities. It was ordained not only
+ to form a more perfect union between the States, but to "establish
+ justice, insure domestic tranquillity, provide for the common defense,
+ promote the general welfare, and secure the blessings of liberty to
+ ourselves and our posterity." Nothing but implicit obedience to its
+ requirements in all parts of the country will accomplish these great
+ ends. Without that obedience we can look forward only to continual
+ outrages upon individual rights, incessant breaches of the public peace,
+ national weakness, financial dishonor, the total loss of our prosperity,
+ the general corruption of morals, and the final extinction of popular
+ freedom. To save our country from evils so appalling as these, we should
+ renew our efforts again and again.
+</p>
+<p>
+ To me the process of restoration seems perfectly plain and simple. It
+ consists merely in a faithful application of the Constitution and laws.
+ The execution of the laws is not now obstructed or opposed by physical
+ force. There is no military or other necessity, real or pretended, which
+ can prevent obedience to the Constitution, either North or South.
+ All the rights and all the obligations of States and individuals
+ can be protected and enforced by means perfectly consistent with the
+ fundamental law. The courts may be everywhere open, and if open their
+ process would be unimpeded. Crimes against the United States can be
+ prevented or punished by the proper judicial authorities in a manner
+ entirely practicable and legal. There is therefore no reason why the
+ Constitution should not be obeyed, unless those who exercise its powers
+ have determined that it shall be disregarded and violated. The mere
+ naked will of this Government, or of some one or more of its branches,
+ is the only obstacle that can exist to a perfect union of all the
+ States.
+</p>
+<p>
+ On this momentous question and some of the measures growing out of it
+ I have had the misfortune to differ from Congress, and have expressed
+ my convictions without reserve, though with becoming deference to the
+ opinion of the legislative department. Those convictions are not only
+ unchanged, but strengthened by subsequent events and further reflection.
+ The transcendent importance of the subject will be a sufficient excuse
+ for calling your attention to some of the reasons which have so strongly
+ influenced my own judgment. The hope that we may all finally concur in a
+ mode of settlement consistent at once with our true interests and with
+ our sworn duties to the Constitution is too natural and too just to be
+ easily relinquished.
+</p>
+<p>
+ It is clear to my apprehension that the States lately in rebellion are
+ still members of the National Union. When did they cease to be so? The
+ "ordinances of secession" adopted by a portion (in most of them a very
+ small portion) of their citizens were mere nullities. If we admit now
+ that they were valid and effectual for the purpose intended by their
+ authors, we sweep from under our feet the whole ground upon which we
+ justified the war. Were those States afterwards expelled from the Union
+ by the war? The direct contrary was averred by this Government to be its
+ purpose, and was so understood by all those who gave their blood and
+ treasure to aid in its prosecution. It can not be that a successful
+ war, waged for the preservation of the Union, had the legal effect of
+ dissolving it. The victory of the nation's arms was not the disgrace
+ of her policy; the defeat of secession on the battlefield was not the
+ triumph of its lawless principle. Nor could Congress, with or without
+ the consent of the Executive, do anything which would have the effect,
+ directly or indirectly, of separating the States from each other.
+ To dissolve the Union is to repeal the Constitution which holds it
+ together, and that is a power which does not belong to any department
+ of this Government, or to all of them united.
+</p>
+<p>
+ This is so plain that it has been acknowledged by all branches of the
+ Federal Government. The Executive (my predecessor as well as myself) and
+ the heads of all the Departments have uniformly acted upon the principle
+ that the Union is not only undissolved, but indissoluble. Congress
+ submitted an amendment of the Constitution to be ratified by the
+ Southern States, and accepted their acts of ratification as a necessary
+ and lawful exercise of their highest function. If they were not States,
+ or were States out of the Union, their consent to a change in the
+ fundamental law of the Union would have been nugatory, and Congress in
+ asking it committed a political absurdity. The judiciary has also given
+ the solemn sanction of its authority to the same view of the case. The
+ judges of the Supreme Court have included the Southern States in their
+ circuits, and they are constantly, <i>in banc</i> and elsewhere, exercising
+ jurisdiction which does not belong to them unless those States are
+ States of the Union.
+</p>
+<p>
+ If the Southern States are component parts of the Union, the
+ Constitution is the supreme law for them, as it is for all the other
+ States. They are bound to obey it, and so are we. The right of the
+ Federal Government, which is clear and unquestionable, to enforce the
+ Constitution upon them implies the correlative obligation on our part
+ to observe its limitations and execute its guaranties. Without the
+ Constitution we are nothing; by, through, and under the Constitution we
+ are what it makes us. We may doubt the wisdom of the law, we may not
+ approve of its provisions, but we can not violate it merely because it
+ seems to confine our powers within limits narrower than we could wish.
+ It is not a question of individual or class or sectional interest, much
+ less of party predominance, but of duty&mdash;of high and sacred duty&mdash;which
+ we are all sworn to perform. If we can not support the Constitution with
+ the cheerful alacrity of those who love and believe in it, we must give
+ to it at least the fidelity of public servants who act under solemn
+ obligations and commands which they dare not disregard.
+</p>
+<p>
+ The constitutional duty is not the only one which requires the States
+ to be restored. There is another consideration which, though of minor
+ importance, is yet of great weight. On the 22d day of July, 1861,
+ Congress declared by an almost unanimous vote of both Houses that the
+ war should be conducted solely for the purpose of preserving the Union
+ and maintaining the supremacy of the Federal Constitution and laws,
+ without impairing the dignity, equality, and rights of the States or of
+ individuals, and that when this was done the war should cease. I do not
+ say that this declaration is personally binding on those who joined in
+ making it; any more than individual members of Congress are personally
+ bound to pay a public debt created under a law for which they voted.
+ But it was a solemn, public, official pledge of the national honor,
+ and I can not imagine upon what grounds the repudiation of it is to
+ be justified. If it be said that we are not bound to keep faith with
+ rebels, let it be remembered that this promise was not made to rebels
+ only. Thousands of true men in the South were drawn to our standard by
+ it, and hundreds of thousands in the North gave their lives in the
+ belief that it would be carried out. It was made on the day after the
+ first great battle of the war had been fought and lost. All patriotic
+ and intelligent men then saw the necessity of giving such an assurance,
+ and believed that without it the war would end in disaster to our cause.
+ Having given that assurance in the extremity of our peril, the violation
+ of it now, in the day of our power, would be a rude rending of that good
+ faith which holds the moral world together; our country would cease to
+ have any claim upon the confidence of men; it would make the war not
+ only a failure, but a fraud.
+</p>
+<p>
+ Being sincerely convinced that these views are correct, I would be
+ unfaithful to my duty if I did not recommend the repeal of the acts of
+ Congress which place ten of the Southern States under the domination of
+ military masters. If calm reflection shall satisfy a majority of your
+ honorable bodies that the acts referred to are not only a violation of
+ the national faith, but in direct conflict with the Constitution, I dare
+ not permit myself to doubt that you will immediately strike them from
+ the statute book.
+</p>
+<p>
+ To demonstrate the unconstitutional character of those acts I need do no
+ more than refer to their general provisions. It must be seen at once
+ that they are not authorized. To dictate what alterations shall be made
+ in the constitutions of the several States; to control the elections of
+ State legislators and State officers, members of Congress and electors
+ of President and Vice-President, by arbitrarily declaring who shall
+ vote and who shall be excluded from that privilege; to dissolve State
+ legislatures or prevent them from assembling; to dismiss judges and
+ other civil functionaries of the State and appoint others without regard
+ to State law; to organize and operate all the political machinery of the
+ States; to regulate the whole administration of their domestic and local
+ affairs according to the mere will of strange and irresponsible agents,
+ sent among them for that purpose&mdash;these are powers not granted to the
+ Federal Government or to any one of its branches. Not being granted, we
+ violate our trust by assuming them as palpably as we would by acting in
+ the face of a positive interdict; for the Constitution forbids us to do
+ whatever it does not affirmatively authorize, either by express words or
+ by clear implication. If the authority we desire to use does not come to
+ us through the Constitution, we can exercise it only by usurpation, and
+ usurpation is the most dangerous of political crimes. By that crime the
+ enemies of free government in all ages have worked out their designs
+ against public liberty and private right. It leads directly and
+ immediately to the establishment of absolute rule, for undelegated
+ power is always unlimited and unrestrained.
+</p>
+<p>
+ The acts of Congress in question are not only objectionable for their
+ assumption of ungranted power, but many of their provisions are in
+ conflict with the direct prohibitions of the Constitution. The
+ Constitution commands that a republican form of government shall be
+ guaranteed to all the States; that no person shall be deprived of life,
+ liberty, or property without due process of law, arrested without a
+ judicial warrant, or punished without a fair trial before an impartial
+ jury; that the privilege of <i>habeas corpus</i> shall not be denied in time
+ of peace, and that no bill of attainder shall be passed even against a
+ single individual. Yet the system of measures established by these acts
+ of Congress does totally subvert and destroy the form as well as the
+ substance of republican government in the ten States to which they
+ apply. It binds them hand and foot in absolute slavery, and subjects
+ them to a strange and hostile power, more unlimited and more likely to
+ be abused than any other now known among civilized men. It tramples down
+ all those rights in which the essence of liberty consists, and which a
+ free government is always most careful to protect. It denies the <i>habeas
+ corpus</i> and the trial by jury. Personal freedom, property, and life, if
+ assailed by the passion, the prejudice, or the rapacity of the ruler,
+ have no security whatever. It has the effect of a bill of attainder or
+ bill of pains and penalties, not upon a few individuals, but upon whole
+ masses, including the millions who inhabit the subject States, and even
+ their unborn children. These wrongs, being expressly forbidden, can not
+ be constitutionally inflicted upon any portion of our people, no matter
+ how they may have come within our jurisdiction, and no matter whether
+ they live in States, Territories, or districts.
+</p>
+<p>
+ I have no desire to save from the proper and just consequences of their
+ great crime those who engaged in rebellion against the Government, but
+ as a mode of punishment the measures under consideration are the most
+ unreasonable that could be invented. Many of those people are perfectly
+ innocent; many kept their fidelity to the Union untainted to the last;
+ many were incapable of any legal offense; a large proportion even of the
+ persons able to bear arms were forced into rebellion against their will,
+ and of those who are guilty with their own consent the degrees of guilt
+ are as various as the shades of their character and temper. But these
+ acts of Congress confound them all together in one common doom.
+ Indiscriminate vengeance upon classes, sects, and parties, or upon whole
+ communities, for offenses committed by a portion of them against the
+ governments to which they owed obedience was common in the barbarous
+ ages of the world; but Christianity and civilization have made such
+ progress that recourse to a punishment so cruel and unjust would meet
+ with the condemnation of all unprejudiced and right-minded men. The
+ punitive justice of this age, and especially of this country, does not
+ consist in stripping whole States of their liberties and reducing all
+ their people, without distinction, to the condition of slavery. It deals
+ separately with each individual, confines itself to the forms of law,
+ and vindicates its own purity by an impartial examination of every case
+ before a competent judicial tribunal. If this does not satisfy all our
+ desires with regard to Southern rebels, let us console ourselves by
+ reflecting that a free Constitution, triumphant in war and unbroken in
+ peace, is worth far more to us and our children than the gratification
+ of any present feeling.
+</p>
+<p>
+ I am aware it is assumed that this system of government for the
+ Southern States is not to be perpetual. It is true this military
+ government is to be only provisional, but it is through this temporary
+ evil that a greater evil is to be made perpetual. If the guaranties
+ of the Constitution can be broken provisionally to serve a temporary
+ purpose, and in a part only of the country, we can destroy them
+ everywhere and for all time. Arbitrary measures often change, but they
+ generally change for the worse. It is the curse of despotism that it has
+ no halting place. The intermitted exercise of its power brings no sense
+ of security to its subjects, for they can never know what more they will
+ be called to endure when its red right hand is armed to plague them
+ again. Nor is it possible to conjecture how or where power, unrestrained
+ by law, may seek its next victims. The States that are still free may be
+ enslaved at any moment; for if the Constitution does not protect all, it
+ protects none.
+</p>
+<p>
+ It is manifestly and avowedly the object of these laws to confer upon
+ negroes the privilege of voting and to disfranchise such a number of
+ white citizens as will give the former a clear majority at all elections
+ in the Southern States. This, to the minds of some persons, is so
+ important that a violation of the Constitution is justified as a means
+ of bringing it about. The morality is always false which excuses a wrong
+ because it proposes to accomplish a desirable end. We are not permitted
+ to do evil that good may come. But in this case the end itself is evil,
+ as well as the means. The subjugation of the States to negro domination
+ would be worse than the military despotism under which they are now
+ suffering. It was believed beforehand that the people would endure any
+ amount of military oppression for any length of time rather than degrade
+ themselves by subjection to the negro race. Therefore they have been
+ left without a choice. Negro suffrage was established by act of
+ Congress, and the military officers were commanded to superintend the
+ process of clothing the negro race with the political privileges torn
+ from white men.
+</p>
+<p>
+ The blacks in the South are entitled to be well and humanely governed,
+ and to have the protection of just laws for all their rights of person
+ and property. If it were practicable at this time to give them a
+ Government exclusively their own, under which they might manage their
+ own affairs in their own way, it would become a grave question whether
+ we ought to do so, or whether common humanity would not require us to
+ save them from themselves. But under the circumstances this is only a
+ speculative point. It is not proposed merely that they shall govern
+ themselves, but that they shall rule the white race, make and administer
+ State laws, elect Presidents and members of Congress, and shape to a
+ greater or less extent the future destiny of the whole country. Would
+ such a trust and power be safe in such hands?
+</p>
+<p>
+ The peculiar qualities which should characterize any people who are fit
+ to decide upon the management of public affairs for a great state have
+ seldom been combined. It is the glory of white men to know that they
+ have had these qualities in sufficient measure to build upon this
+ continent a great political fabric and to preserve its stability for
+ more than ninety years, while in every other part of the world all
+ similar experiments have failed. But if anything can be proved by known
+ facts, if all reasoning upon evidence is not abandoned, it must be
+ acknowledged that in the progress of nations negroes have shown less
+ capacity for government than any other race of people. No independent
+ government of any form has ever been successful in their hands. On the
+ contrary, wherever they have been left to their own devices they have
+ shown a constant tendency to relapse into barbarism. In the Southern
+ States, however, Congress has undertaken to confer upon them the
+ privilege of the ballot. Just released from slavery, it may be doubted
+ whether as a class they know more than their ancestors how to organize
+ and regulate civil society. Indeed, it is admitted that the blacks of
+ the South are not only regardless of the rights of property, but so
+ utterly ignorant of public affairs that their voting can consist in
+ nothing more than carrying a ballot to the place where they are directed
+ to deposit it. I need not remind you that the exercise of the elective
+ franchise is the highest attribute of an American citizen, and that when
+ guided by virtue, intelligence, patriotism, and a proper appreciation of
+ our free institutions it constitutes the true basis of a democratic form
+ of government, in which the sovereign power is lodged in the body of the
+ people. A trust artificially created, not for its own sake, but solely
+ as a means of promoting the general welfare, its influence for good must
+ necessarily depend upon the elevated character and true allegiance of
+ the elector. It ought, therefore, to be reposed in none except those who
+ are fitted morally and mentally to administer it well; for if conferred
+ upon persons who do not justly estimate its value and who are
+ indifferent as to its results, it will only serve as a means of placing
+ power in the hands of the unprincipled and ambitious, and must eventuate
+ in the complete destruction of that liberty of which it should be the
+ most powerful conservator. I have therefore heretofore urged upon your
+ attention the great danger&mdash;
+</p>
+<p class="q">
+ to be apprehended from an untimely extension of the elective franchise
+ to any new class in our country, especially when the large majority of
+ that class, in wielding the power thus placed in their hands, can not be
+ expected correctly to comprehend the duties and responsibilities which
+ pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held
+ in a condition of slavery that had existed for generations; to-day they
+ are freemen and are assumed by law to be citizens. It can not be
+ presumed, from their previous condition of servitude, that as a class
+ they are as well informed as to the nature of our Government as the
+ intelligent foreigner who makes our land the home of his choice. In the
+ case of the latter neither a residence of five years and the knowledge
+ of our institutions which it gives nor attachment to the principles of
+ the Constitution are the only conditions upon which he can be admitted
+ to citizenship; he must prove in addition a good moral character, and
+ thus give reasonable ground for the belief that he will be faithful to
+ the obligations which he assumes as a citizen of the Republic. Where
+ a people&mdash;the source of all political power&mdash;speak by their suffrages
+ through the instrumentality of the ballot box, it must be carefully
+ guarded against the control of those who are corrupt in principle and
+ enemies of free institutions, for it can only become to our political
+ and social system a safe conductor of healthy popular sentiment when
+ kept free from demoralizing influences. Controlled through fraud and
+ usurpation by the designing, anarchy and despotism must inevitably
+ follow. In the hands of the patriotic and worthy our Government will be
+ preserved upon the principles of the Constitution inherited from our
+ fathers. It follows, therefore, that in admitting to the ballot box
+ a new class of voters not qualified for the exercise of the elective
+ franchise we weaken our system of government instead of adding to its
+ strength and durability.
+</p>
+<hr>
+<p class="q">
+ I yield to no one in attachment to that rule of general suffrage which
+ distinguishes our policy as a nation. But there is a limit, wisely
+ observed hitherto, which makes the ballot a privilege and a trust,
+ and which requires of some classes a time suitable for probation
+ and preparation. To give it indiscriminately to a new class, wholly
+ unprepared by previous habits and opportunities to perform the trust
+ which it demands, is to degrade it, and finally to destroy its power,
+ for it may be safely assumed that no political truth is better
+ established than that such indiscriminate and all-embracing extension
+ of popular suffrage must end at last in its destruction.
+</p>
+<p>
+ I repeat the expression of my willingness to join in any plan within
+ the scope of our constitutional authority which promises to better the
+ condition of the negroes in the South, by encouraging them in industry,
+ enlightening their minds, improving their morals, and giving protection
+ to all their just rights as freedmen. But the transfer of our political
+ inheritance to them would, in my opinion, be an abandonment of a duty
+ which we owe alike to the memory of our fathers and the rights of our
+ children.
+</p>
+<p>
+ The plan of putting the Southern States wholly and the General
+ Government partially into the hands of negroes is proposed at a time
+ peculiarly unpropitious. The foundations of society have been broken
+ up by civil war. Industry must be reorganized, justice reestablished,
+ public credit maintained, and order brought out of confusion. To
+ accomplish these ends would require all the wisdom and virtue of the
+ great men who formed our institutions originally. I confidently believe
+ that their descendants will be equal to the arduous task before them,
+ but it is worse than madness to expect that negroes will perform it for
+ us. Certainly we ought not to ask their assistance till we despair of
+ our own competency.
+</p>
+<p>
+ The great difference between the two races in physical, mental,
+ and moral characteristics will prevent an amalgamation or fusion
+ of them together in one homogeneous mass. If the inferior obtains the
+ ascendency over the other, it will govern with reference only to its own
+ interests&mdash;for it will recognize no common interest&mdash;and create such a
+ tyranny as this continent has never yet witnessed. Already the negroes
+ are influenced by promises of confiscation and plunder. They are taught
+ to regard as an enemy every white man who has any respect for the rights
+ of his own race. If this continues it must become worse and worse, until
+ all order will be subverted, all industry cease, and the fertile fields
+ of the South grow up into a wilderness. Of all the dangers which our
+ nation has yet encountered, none are equal to those which must result
+ from the success of the effort now making to Africanize the half of
+ our country.
+</p>
+<p>
+ I would not put considerations of money in competition with justice and
+ right; but the expenses incident to "reconstruction" under the system
+ adopted by Congress aggravate what I regard as the intrinsic wrong of
+ the measure itself. It has cost uncounted millions already, and if
+ persisted in will add largely to the weight of taxation, already too
+ oppressive to be borne without just complaint, and may finally reduce
+ the Treasury of the nation to a condition of bankruptcy. We must not
+ delude ourselves. It will require a strong standing army and probably
+ more than $200,000,000 per annum to maintain the supremacy of negro
+ governments after they are established. The sum thus thrown away would,
+ if properly used, form a sinking fund large enough to pay the whole
+ national debt in less than fifteen years. It is vain to hope that
+ negroes will maintain their ascendency themselves. Without military
+ power they are wholly incapable of holding in subjection the white
+ people of the South.
+</p>
+<p>
+ I submit to the judgment of Congress whether the public credit may not
+ be injuriously affected by a system of measures like this. With our debt
+ and the vast private interests which are complicated with it, we can not
+ be too cautious of a policy which might by possibility impair the
+ confidence of the world in our Government. That confidence can only be
+ retained by carefully inculcating the principles of justice and honor
+ on the popular mind and by the most scrupulous fidelity to all our
+ engagements of every sort. Any serious breach of the organic law,
+ persisted in for a considerable time, can not but create fears for the
+ stability of our institutions. Habitual violation of prescribed rules,
+ which we bind ourselves to observe, must demoralize the people. Our only
+ standard of civil duty being set at naught, the sheet anchor of our
+ political morality is lost, the public conscience swings from its
+ moorings and yields to every impulse of passion and interest. If we
+ repudiate the Constitution, we will not be expected to care much for
+ mere pecuniary obligations. The violation of such a pledge as we made on
+ the 22d day of July, 1861, will assuredly diminish the market value of
+ our other promises. Besides, if we acknowledge that the national debt
+ was created, not to hold the States in the Union, as the taxpayers were
+ led to suppose, but to expel them from it and hand them over to be
+ governed by negroes, the moral duty to pay it may seem much less clear.
+ I say it may <i>seem</i> so, for I do not admit that this or any other
+ argument in favor of repudiation can be entertained as sound; but
+ its influence on some classes of minds may well be apprehended. The
+ financial honor of a great commercial nation, largely indebted and with
+ a republican form of government administered by agents of the popular
+ choice, is a thing of such delicate texture and the destruction of it
+ would be followed by such unspeakable calamity that every true patriot
+ must desire to avoid whatever might expose it to the slightest danger.
+</p>
+<p>
+ The great interests of the country require immediate relief from these
+ enactments. Business in the South is paralyzed by a sense of general
+ insecurity, by the terror of confiscation, and the dread of negro
+ supremacy. The Southern trade, from which the North would have derived
+ so great a profit under a government of law, still languishes, and can
+ never be revived until it ceases to be fettered by the arbitrary power
+ which makes all its operations unsafe. That rich country&mdash;the richest in
+ natural resources the world ever saw&mdash;is worse than lost if it be not
+ soon placed under the protection of a free constitution. Instead of
+ being, as it ought to be, a source of wealth and power, it will become
+ an intolerable burden upon the rest of the nation.
+</p>
+<p>
+ Another reason for retracing our steps will doubtless be seen by
+ Congress in the late manifestations of public opinion upon this subject.
+ We live in a country where the popular will always enforces obedience
+ to itself, sooner or later. It is vain to think of opposing it with
+ anything short of legal authority backed by overwhelming force. It can
+ not have escaped your attention that from the day on which Congress
+ fairly and formally presented the proposition to govern the Southern
+ States by military force, with a view to the ultimate establishment of
+ negro supremacy, every expression of the general sentiment has been more
+ or less adverse to it. The affections of this generation can not be
+ detached from the institutions of their ancestors. Their determination
+ to preserve the inheritance of free government in their own hands and
+ transmit it undivided and unimpaired to their own posterity is too
+ strong to be successfully opposed. Every weaker passion will disappear
+ before that love of liberty and law for which the American people are
+ distinguished above all others in the world.
+</p>
+<p>
+ How far the duty of the President "to preserve, protect, and defend
+ the Constitution" requires him to go in opposing an unconstitutional
+ act of Congress is a very serious and important question, on which
+ I have deliberated much and felt extremely anxious to reach a proper
+ conclusion. Where an act has been passed according to the forms of the
+ Constitution by the supreme legislative authority, and is regularly
+ enrolled among the public statutes of the country, Executive resistance
+ to it, especially in times of high party excitement, would be likely to
+ produce violent collision between the respective adherents of the two
+ branches of the Government. This would be simply civil war, and civil
+ war must be resorted to only as the last remedy for the worst of evils.
+ Whatever might tend to provoke it should be most carefully avoided.
+ A faithful and conscientious magistrate will concede very much to honest
+ error, and something even to perverse malice, before he will endanger
+ the public peace; and he will not adopt forcible measures, or such as
+ might lead to force, as long as those which are peaceable remain open to
+ him or to his constituents. It is true that cases may occur in which the
+ Executive would be compelled to stand on its rights, and maintain them
+ regardless of all consequences. If Congress should pass an act which is
+ not only in palpable conflict with the Constitution, but will certainly,
+ if carried out, produce immediate and irreparable injury to the organic
+ structure of the Government, and if there be, neither judicial remedy
+ for the wrongs it inflicts nor power in the people to protect themselves
+ without the official aid of their elected defender&mdash;if, for instance,
+ the legislative department should pass an act even through all the forms
+ of law to abolish a coordinate department of the Government&mdash;in such a
+ case the President must take the high responsibilities of his office and
+ save the life of the nation at all hazards. The so-called reconstruction
+ acts, though as plainly unconstitutional as any that can be imagined,
+ were not believed to be within the class last mentioned. The people were
+ not wholly disarmed of the power of self-defense. In all the Northern
+ States they still held in their hands the sacred right of the ballot,
+ and it was safe to believe that in due time they would come to the
+ rescue of their own institutions. It gives me pleasure to add that the
+ appeal to our common constituents was not taken in vain, and that my
+ confidence in their wisdom and virtue seems not to have been misplaced.
+</p>
+<p>
+ It is well and publicly known that enormous frauds have been perpetrated
+ on the Treasury and that colossal fortunes have been made at the public
+ expense. This species of corruption has increased, is increasing, and
+ if not diminished will soon bring us into total ruin and disgrace. The
+ public creditors and the taxpayers are alike interested in an honest
+ administration of the finances, and neither class will long endure the
+ large-handed robberies of the recent past. For this discreditable state
+ of things there are several causes. Some of the taxes are so laid as
+ to present an irresistible temptation to evade payment. The great sums
+ which officers may win by connivance at fraud create a pressure which is
+ more than the virtue of many can withstand, and there can be no doubt
+ that the open disregard of constitutional obligations avowed by some of
+ the highest and most influential men in the country has greatly weakened
+ the moral sense of those who serve in subordinate places. The expenses
+ of the United States, including interest on the public debt, are more
+ than six times as much as they were seven years ago. To collect and
+ disburse this vast amount requires careful supervision as well as
+ systematic vigilance. The system, never perfected, was much disorganized
+ by the "tenure-of-office bill," which has almost destroyed official
+ accountability. The President may be thoroughly convinced that an
+ officer is incapable, dishonest, or unfaithful to the Constitution, but
+ under the law which I have named the utmost he can do is to complain to
+ the Senate and ask the privilege of supplying his place with a better
+ man. If the Senate be regarded as personally or politically hostile to
+ the President, it is natural, and not altogether unreasonable, for the
+ officer to expect that it will take his part as far as possible, restore
+ him to his place, and give him a triumph over his Executive superior.
+ The officer has other chances of impunity arising from accidental
+ defects of evidence, the mode of investigating it, and the secrecy of
+ the hearing. It is not wonderful that official malfeasance should become
+ bold in proportion as the delinquents learn to think themselves safe.
+ I am entirely persuaded that under such a rule the President can not
+ perform the great duty assigned to him of seeing the laws faithfully
+ executed, and that it disables him most especially from enforcing that
+ rigid accountability which is necessary to the due execution of the
+ revenue laws.
+</p>
+<p>
+ The Constitution invests the President with authority to <i>decide</i>
+ whether a removal should be made in any given case; the act of Congress
+ declares in substance that he shall only <i>accuse</i> such as he supposes to
+ be unworthy of their trust. The Constitution makes him <i>sole judge</i> in
+ the premises, but the statute takes away his jurisdiction, transfers
+ it to the Senate, and leaves him nothing but the odious and sometimes
+ impracticable duty of becoming a <i>prosecutor</i>. The prosecution is to be
+ conducted before a tribunal whose members are not, like him, responsible
+ to the whole people, but to separate constituent bodies, and who may
+ hear his accusation with great disfavor. The Senate is absolutely
+ without any known standard of decision applicable to such a case. Its
+ judgment can not be anticipated, for it is not governed by any rule.
+ The law does not define what shall be deemed good cause for removal.
+ It is impossible even to conjecture what may or may not be so considered
+ by the Senate. The nature of the subject forbids clear proof. If the
+ charge be incapacity, what evidence will support it? Fidelity to the
+ Constitution may be understood or misunderstood in a thousand different
+ ways, and by violent party men, in violent party times, unfaithfulness
+ to the Constitution may even come to be considered meritorious. If the
+ officer be accused of dishonesty, how shall it be made out? Will it be
+ inferred from acts unconnected with public duty, from private history,
+ or from general reputation, or must the President await the commission
+ of an actual misdemeanor in office? Shall he in the meantime risk the
+ character and interest of the nation in the hands of men to whom he
+ can not give his confidence? Must he forbear his complaint until the
+ mischief is done and can not be prevented? If his zeal in the public
+ service should impel him to anticipate the overt act, must he move at
+ the peril of being tried himself for the offense of slandering his
+ subordinate? In the present circumstances of the country someone must be
+ held responsible for official delinquency of every kind. It is extremely
+ difficult to say where that responsibility should be thrown if it be
+ not left where it has been placed by the Constitution. But all just men
+ will admit that the President ought to be entirely relieved from such
+ responsibility if he can not meet it by reason of restrictions placed
+ by law upon his action.
+</p>
+<p>
+ The unrestricted power of removal from office is a very great one to be
+ trusted even to a magistrate chosen by the general suffrage of the whole
+ people and accountable directly to them for his acts. It is undoubtedly
+ liable to abuse, and at some periods of our history perhaps has been
+ abused. If it be thought desirable and constitutional that it should be
+ so limited as to make the President merely a common informer against
+ other public agents, he should at least be permitted to act in that
+ capacity before some open tribunal, independent of party politics, ready
+ to investigate the merits of every case, furnished with the means of
+ taking evidence, and bound to decide according to established rules.
+ This would guarantee the safety of the accuser when he acts in good
+ faith, and at the same time secure the rights of the other party. I
+ speak, of course, with all proper respect for the present Senate, but it
+ does not seem to me that any legislative body can be so constituted as
+ to insure its fitness for these functions.
+</p>
+<p>
+ It is not the theory of this Government that public offices are the
+ property of those who hold them. They are given merely as a trust for
+ the public benefit, sometimes for a fixed period, sometimes during good
+ behavior, but generally they are liable to be terminated at the pleasure
+ of the appointing power, which represents the collective majesty and
+ speaks the will of the people. The forced retention in office of a
+ single dishonest person may work great injury to the public interests.
+ The danger to the public service comes not from the power to remove,
+ but from the power to appoint. Therefore it was that the framers of the
+ Constitution left the power of removal unrestricted, while they gave
+ the Senate a right to reject all appointments which in its opinion were
+ not fit to be made. A little reflection on this subject will probably
+ satisfy all who have the good of the country at heart that our best
+ course is to take the Constitution for our guide, walk in the path
+ marked out by the founders of the Republic, and obey the rules made
+ sacred by the observance of our great predecessors.
+</p>
+<p>
+ The present condition of our finances and circulating medium is one to
+ which your early consideration is invited.
+</p>
+<p>
+ The proportion which the currency of any country should bear to
+ the whole value of the annual produce circulated by its means is a
+ question upon which political economists have not agreed. Nor can it
+ be controlled by legislation, but must be left to the irrevocable laws
+ which everywhere regulate commerce and trade. The circulating medium
+ will ever irresistibly flow to those points where it is in greatest
+ demand. The law of demand and supply is as unerring as that which
+ regulates the tides of the ocean; and, indeed, currency, like the
+ tides, has its ebbs and flows throughout the commercial world.
+</p>
+<p>
+ At the beginning of the rebellion the bank-note circulation of the
+ country amounted to not much more than $200,000,000; now the circulation
+ of national-bank notes and those known as "legal-tenders" is nearly
+ seven hundred millions. While it is urged by some that this amount
+ should be increased, others contend that a decided reduction is
+ absolutely essential to the best interests of the country. In view of
+ these diverse opinions, it may be well to ascertain the real value of
+ our paper issues when compared with a metallic or convertible currency.
+ For this purpose let us inquire how much gold and silver could be
+ purchased by the seven hundred millions of paper money now in
+ circulation. Probably not more than half the amount of the latter,
+ showing that when our paper currency is compared with gold and silver
+ its commercial value is compressed into three hundred and fifty
+ millions. This striking fact makes it the obvious duty of the
+ Government, as early as may be consistent with the principles of sound
+ political economy, to take such measures as will enable the holder of
+ its notes and those of the national banks to convert them without loss
+ into specie or its equivalent. A reduction of our paper circulating
+ medium need not necessarily follow. This, however, would depend upon
+ the law of demand and supply, though it should be borne in mind that
+ by making legal-tender and bank notes convertible into coin or its
+ equivalent their present specie value in the hands of their holders
+ would be enhanced 100 per cent.
+</p>
+<p>
+ Legislation for the accomplishment of a result so desirable is demanded
+ by the highest public considerations. The Constitution contemplates that
+ the circulating medium of the country shall be uniform in quality and
+ value. At the time of the formation of that instrument the country had
+ just emerged from the War of the Revolution, and was suffering from the
+ effects of a redundant and worthless paper currency. The sages of that
+ period were anxious to protect their posterity from the evils that they
+ themselves had experienced. Hence in providing a circulating medium they
+ conferred upon Congress the power to coin money and regulate the value
+ thereof, at the same time prohibiting the States from making anything
+ but gold and silver a tender in payment of debts.
+</p>
+<p>
+ The anomalous condition of our currency is in striking contrast with
+ that which was originally designed. Our circulation now embraces, first,
+ notes of the national banks, which are made receivable for all dues to
+ the Government, excluding imposts, and by all its creditors, excepting
+ in payment of interest upon its bonds and the securities themselves;
+ second, legal-tender notes, issued by the United States, and which the
+ law requires shall be received as well in payment of all debts between
+ citizens as of all Government dues, excepting imposts; and, third, gold
+ and silver coin. By the operation of our present system of finance,
+ however, the metallic currency, when collected, is reserved only for one
+ class of Government creditors, who, holding its bonds, semiannually
+ receive their interest in coin from the National Treasury. They are thus
+ made to occupy an invidious position, which may be used to strengthen
+ the arguments of those who would bring into disrepute the obligations
+ of the nation. In the payment of all its debts the plighted faith of
+ the Government should be inviolably maintained. But while it acts with
+ fidelity toward the bondholder who loaned his money that the integrity
+ of the Union might be preserved, it should at the same time observe good
+ faith with the great masses of the people, who, having rescued the Union
+ from the perils of rebellion, now bear the burdens of taxation, that the
+ Government may be able to fulfill its engagements. There is no reason
+ which will be accepted as satisfactory by the people why those who
+ defend us on the land and protect us on the sea; the pensioner upon the
+ gratitude of the nation, bearing the scars and wounds received while
+ in its service; the public servants in the various Departments of the
+ Government; the farmer who supplies the soldiers of the Army and the
+ sailors of the Navy; the artisan who toils in the nation's workshops,
+ or the mechanics and laborers who build its edifices and construct
+ its forts and vessels of war, should, in payment of their just and
+ hard-earned dues, receive depreciated paper, while another class of
+ their countrymen, no more deserving, are paid in coin of gold and
+ silver. Equal and exact justice requires that all the creditors of the
+ Government should be paid in a currency possessing a uniform value.
+ This can only be accomplished by the restoration of the currency to the
+ standard established by the Constitution; and by this means we would
+ remove a discrimination which may, if it has not already done so, create
+ a prejudice that may become deep rooted and widespread and imperil the
+ national credit.
+</p>
+<p>
+ The feasibility of making our currency correspond with the
+ constitutional standard may be seen by reference to a few facts derived
+ from our commercial statistics.
+</p>
+<p>
+ The production of precious metals in the United States from 1849
+ to 1857, inclusive, amounted to $579,000,000; from 1858 to 1860,
+ inclusive, to $137,500,000, and from 1861 to 1867, inclusive, to
+ $457,500,000&mdash;making the grand aggregate of products since 1849
+ $1,174,000,000. The amount of specie coined from 1849 to 1857 inclusive,
+ was $439,000,000; from 1858 to 1860, inclusive, $125,000,000, and from
+ 1861 to 1867, inclusive, $310,000,000&mdash;making the total coinage since
+ 1849 $874,000,000. From 1849 to 1857, inclusive, the net exports of
+ specie amounted to $271,000,000; from 1858 to 1860, inclusive, to
+ $148,000,000, and from 1861 to 1867, inclusive, $322,000,000&mdash;making the
+ aggregate of net exports since 1849 $741,000,000. These figures show an
+ excess of product over net exports of $433,000,000. There are in the
+ Treasury $111,000,000 in coin, something more than $40,000,000 in
+ circulation on the Pacific Coast, and a few millions in the national
+ and other banks&mdash;in all about $160,000,000. This, however, taking into
+ account the specie in the country prior to 1849, leaves more than
+ $300,000,000 which have not been accounted for by exportation, and
+ therefore may yet remain in the country.
+</p>
+<p>
+ These are important facts and show how completely the inferior currency
+ will supersede the better, forcing it from circulation among the masses
+ and causing it to be exported as a mere article of trade, to add to the
+ money capital of foreign lands. They show the necessity of retiring our
+ paper money, that the return of gold and silver to the avenues of trade
+ may be invited and a demand created which will cause the retention
+ at home of at least so much of the productions of our rich and
+ inexhaustible gold-bearing fields as may be sufficient for purposes
+ of circulation. It is unreasonable to expect a return to a sound
+ currency so long as the Government by continuing to issue irredeemable
+ notes fills the channels of circulation with depreciated paper.
+ Notwithstanding a coinage by our mints, since 1849, of $874,000,000,
+ the people are now strangers to the currency which was designed for
+ their use and benefit, and specimens of the precious metals bearing
+ the national device are seldom seen, except when produced to gratify
+ the interest excited by their novelty. If depreciated paper is to be
+ continued as the permanent currency of the country, and all our coin is
+ to become a mere article of traffic and speculation, to the enhancement
+ in price of all that is indispensable to the comfort of the people, it
+ would be wise economy to abolish our mints, thus saving the nation the
+ care and expense incident to such establishments, and let all our
+ precious metals be exported in bullion. The time has come, however, when
+ the Government and national banks should be required to take the most
+ efficient steps and make all necessary arrangements for a resumption
+ of specie payments at the earliest practicable period. Specie payments
+ having been once resumed by the Government and banks, all notes or bills
+ of paper issued by either of a less denomination than $20 should by law
+ be excluded from circulation, so that the people may have the benefit
+ and convenience of a gold and silver currency which in all their
+ business transactions will be uniform in value at home and abroad.
+</p>
+<p class="q">
+ Every man of property or industry, every man who desires to preserve
+ what he honestly possesses or to obtain what he can honestly earn, has a
+ direct interest in maintaining a safe circulating medium&mdash;such a medium
+ as shall be real and substantial, not liable to vibrate with opinions,
+ not subject to be blown up or blown down by the breath of speculation,
+ but to be made stable and secure. A disordered currency is one of the
+ greatest political evils. It undermines the virtues necessary for the
+ support of the social system and encourages propensities destructive of
+ its happiness; it wars against industry, frugality, and economy, and it
+ fosters the evil spirits of extravagance and speculation.
+</p>
+<p>
+ It has been asserted by one of our profound and most gifted statesmen
+ that&mdash;
+</p>
+<p class="q">
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation&mdash;these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+</p>
+<p>
+ It is one of the most successful devices, in times of peace or war,
+ expansions or revulsions, to accomplish the transfer of all the precious
+ metals from the great mass of the people into the hands of the few,
+ where they are hoarded in secret places or deposited in strong boxes
+ under bolts and bars, while the people are left to ensure all the
+ inconvenience, sacrifice, and demoralization resulting from the use
+ of a depreciated and worthless paper money.
+</p>
+<p>
+ The condition of our finances and the operations of our revenue
+ system are set forth and fully explained in the able and instructive
+ report of the Secretary of the Treasury. On the 30th of June, 1866,
+ the public debt amounted to $2,783,425,879; on the 30th of June last
+ it was $2,692,199,215, showing a reduction during the fiscal year of
+ $91,226,664. During the fiscal year ending June 30, 1867, the receipts
+ were $490,634,010 and the expenditures $346,729,129, leaving an
+ available surplus of $143,904,880. It is estimated that the receipts for
+ the fiscal year ending June 30, 1868, will be $417,161,928 and that the
+ expenditures will reach the sum of $393,269,226, leaving in the Treasury
+ a surplus of $23,892,702. For the fiscal year ending June 30, 1869, it
+ is estimated that the receipts will amount to $381,000,000 and that the
+ expenditures will be $372,000,000, showing an excess of $9,000,000 in
+ favor of the Government.
+</p>
+<p>
+ The attention of Congress is earnestly invited to the necessity of a
+ thorough revision of our revenue system. Our internal-revenue laws and
+ impost system should be so adjusted as to bear most heavily on articles
+ of luxury, leaving the necessaries of life as free from taxation as
+ may be consistent with the real wants of the Government, economically
+ administered. Taxation would not then fall unduly on the man of moderate
+ means; and while none would be entirely exempt from assessment, all, in
+ proportion to their pecuniary abilities, would contribute toward the
+ support of the State. A modification of the internal-revenue system, by
+ a large reduction in the number of articles now subject to tax, would
+ be followed by results equally advantageous to the citizen and the
+ Government. It would render the execution of the law less expensive and
+ more certain, remove obstructions to industry, lessen the temptations to
+ evade the law, diminish the violations and frauds perpetrated upon its
+ provisions, make its operations less inquisitorial, and greatly reduce
+ in numbers the army of taxgatherers created by the system, who "take
+ from the mouth of honest labor the bread it has earned." Retrenchment,
+ reform, and economy should be carried into every branch of the public
+ service, that the expenditures of the Government may be reduced and the
+ people relieved from oppressive taxation; a sound currency should be
+ restored, and the public faith in regard to the national debt sacredly
+ observed. The accomplishment of these important results, together with
+ the restoration of the Union of the States upon the principles of
+ the Constitution, would inspire confidence at home and abroad in the
+ stability of our institutions and bring to the nation prosperity,
+ peace, and good will.
+</p>
+<p>
+ The report of the Secretary of War <i>ad interim</i> exhibits the operations
+ of the Army and of the several bureaus of the War Department. The
+ aggregate strength of our military force on the 30th of September
+ last was 56,315. The total estimate for military appropriations is
+ $77,124,707, including a deficiency in last year's appropriation of
+ $13,600,000. The payments at the Treasury on account of the service
+ of the War Department from January 1 to October 29, 1867&mdash;a period of
+ ten months&mdash;amounted to $109,807,000. The expenses of the military
+ establishment, as well as the numbers of the Army, are now three
+ times as great as they have ever been in time of peace, while the
+ discretionary power is vested in the Executive to add millions to this
+ expenditure by an increase of the Army to the maximum strength allowed
+ by the law.
+</p>
+<p>
+ The comprehensive report of the Secretary of the Interior furnishes
+ interesting information in reference to the important branches of the
+ public service connected with his Department. The menacing attitude of
+ some of the warlike bands of Indians inhabiting the district of country
+ between the Arkansas and Platte rivers and portions of Dakota Territory
+ required the presence of a large military force in that region.
+ Instigated by real or imaginary grievances, the Indians occasionally
+ committed acts of barbarous violence upon emigrants and our frontier
+ settlements; but a general Indian war has been providentially averted.
+ The commissioners under the act of 20th July, 1867, were invested with
+ full power to adjust existing difficulties, negotiate treaties with the
+ disaffected bands, and select for them reservations remote from the
+ traveled routes between the Mississippi and the Pacific. They entered
+ without delay upon the execution of their trust, but have not yet made
+ any official report of their proceedings. It is of vital importance that
+ our distant Territories should be exempt from Indian outbreaks, and
+ that the construction of the Pacific Railroad, an object of national
+ importance, should not be interrupted by hostile tribes. These objects,
+ as well as the material interests and the moral and intellectual
+ improvement of the Indians, can be most effectually secured by
+ concentrating them upon portions of country set apart for their
+ exclusive use and located at points remote from our highways and
+ encroaching white settlements.
+</p>
+<p>
+ Since the commencement of the second session of the Thirty-ninth
+ Congress 510 miles of road have been constructed on the main line
+ and branches of the Pacific Railway. The line from Omaha is rapidly
+ approaching the eastern base of the Rocky Mountains, while the terminus
+ of the last section of constructed road in California, accepted by the
+ Government on the 24th day of October last, was but 11 miles distant
+ from the summit of the Sierra Nevada. The remarkable energy evinced by
+ the companies offers the strongest assurance that the completion of the
+ road from Sacramento to Omaha will not be long deferred.
+</p>
+<p>
+ During the last fiscal year 7,041,114 acres of public land were
+ disposed of, and the cash receipts from sales and fees exceeded by
+ one-half million dollars the sum realized from those sources during the
+ preceding year. The amount paid to pensioners, including expenses of
+ disbursements, was $18,619,956, and 36,482 names were added to the
+ rolls. The entire number of pensioners on the 30th of June last was
+ 155,474. Eleven thousand six hundred and fifty-five patents and designs
+ were issued during the year ending September 30, 1867, and at that
+ date the balance in the Treasury to the credit of the patent fund
+ was $286,607.
+</p>
+<p>
+ The report of the Secretary of the Navy states that we have seven
+ squadrons actively and judiciously employed, under efficient and able
+ commanders, in protecting the persons and property of American citizens,
+ maintaining the dignity and power of the Government, and promoting the
+ commerce and business interests of our countrymen in every part of the
+ world. Of the 238 vessels composing the present Navy of the United
+ States, 56, carrying 507 guns, are in squadron service. During the year
+ the number of vessels in commission has been reduced 12, and there
+ are 13 less on squadron duty than there were at the date of the last
+ report. A large number of vessels were commenced and in the course of
+ construction when the war terminated, and although Congress had made the
+ necessary appropriations for their completion, the Department has either
+ suspended work upon them or limited the slow completion of the steam
+ vessels, so as to meet the contracts for machinery made with private
+ establishments. The total expenditures of the Navy Department for the
+ fiscal year ending June 30, 1867, were $31,034,011. No appropriations
+ have been made or required since the close of the war for the
+ construction and repair of vessels, for steam machinery, ordnance,
+ provisions and clothing, fuel, hemp, etc., the balances under these
+ several heads having been more than sufficient for current expenditures.
+ It should also be stated to the credit of the Department that, besides
+ asking no appropriations for the above objects for the last two years,
+ the Secretary of the Navy, on the 30th of September last, in accordance
+ with the act of May 1, 1820, requested the Secretary of the Treasury to
+ carry to the surplus fund the sum of $65,000,000, being the amount
+ received from the sales of vessels and other war property and the
+ remnants of former appropriations.
+</p>
+<p>
+ The report of the Postmaster-General shows the business of the
+ Post-Office Department and the condition of the postal service in a
+ very favorable light, and the attention of Congress is called to its
+ practical recommendations. The receipts of the Department for the
+ year ending June 30, 1867, including all special appropriations for
+ sea and land service and for free mail matter, were $19,978,693. The
+ expenditures for all purposes were $19,235,483, leaving an unexpended
+ balance in favor of the Department of $743,210, which can be applied
+ toward the expenses of the Department for the current year. The increase
+ of postal revenue, independent of specific appropriations, for the year
+ 1867 over that of 1866 was $850,040. The increase of revenue from the
+ sale of stamps and stamped envelopes was $783,404. The increase of
+ expenditures for 1867 over those of the previous year was owing chiefly
+ to the extension of the land and ocean mail service. During the past
+ year new postal conventions have been ratified and exchanged with the
+ United Kingdom of Great Britain and Ireland, Belgium, the Netherlands,
+ Switzerland, the North German Union, Italy, and the colonial government
+ at Hong Kong, reducing very largely the rates of ocean and land postages
+ to and from and within those countries.
+</p>
+<p>
+ The report of the Acting Commissioner of Agriculture concisely presents
+ the condition, wants, and progress of an interest eminently worthy the
+ fostering care of Congress, and exhibits a large measure of useful
+ results achieved during the year to which it refers.
+</p>
+<p>
+ The reestablishment of peace at home and the resumption of extended
+ trade, travel, and commerce abroad have served to increase the number
+ and variety of questions in the Department for Foreign Affairs. None of
+ these questions, however, have seriously disturbed our relations with
+ other states.
+</p>
+<p>
+ The Republic of Mexico, having been relieved from foreign intervention,
+ is earnestly engaged in efforts to reestablish her constitutional system
+ of government. A good understanding continues to exist between our
+ Government and the Republics of Hayti and San Domingo, and our cordial
+ relations with the Central and South American States remain unchanged.
+ The tender, made in conformity with a resolution of Congress, of the
+ good offices of the Government with a view to an amicable adjustment
+ of peace between Brazil and her allies on one side and Paraguay on the
+ other, and between Chile and her allies on the one side and Spain on the
+ other, though kindly received, has in neither case been fully accepted
+ by the belligerents. The war in the valley of the Parana is still
+ vigorously maintained. On the other hand, actual hostilities between
+ the Pacific States and Spain have been more than a year suspended.
+ I shall, on any proper occasion that may occur, renew the conciliatory
+ recommendations which have been already made. Brazil, with enlightened
+ sagacity and comprehensive statesmanship, has opened the great channels
+ of the Amazon and its tributaries to universal commerce. One thing more
+ seems needful to assure a rapid and cheering progress in South America.
+ I refer to those peaceful habits without which states and nations can
+ not in this age well expect material prosperity or social advancement.
+</p>
+<p>
+ The Exposition of Universal Industry at Paris has passed, and seems to
+ have fully realized the high expectations of the French Government. If
+ due allowance be made for the recent political derangement of industry
+ here, the part which the United States has borne in this exhibition of
+ invention and art may be regarded with very high satisfaction. During
+ the exposition a conference was held of delegates from several nations,
+ the United States being one, in which the inconveniences of commerce and
+ social intercourse resulting from the diverse standards of money value
+ were very fully discussed, and plans were developed for establishing
+ by universal consent a common principle for the coinage of gold. These
+ conferences are expected to be renewed, with the attendance of many
+ foreign states not hitherto represented. A report of these interesting
+ proceedings will be submitted to Congress, which will, no doubt, justly
+ appreciate the great object and be ready to adopt any measure which may
+ tend to facilitate its ultimate accomplishment.
+</p>
+<p>
+ On the 25th of February, 1862, Congress declared by law that Treasury
+ notes, without interest, authorized by that act should be legal tender
+ in payment of all debts, public and private, within the United States.
+ An annual remittance of $30,000, less stipulated expenses, accrues
+ to claimants under the convention made with Spain in 1834. These
+ remittances, since the passage of that act, have been paid in such
+ notes. The claimants insist that the Government ought to require
+ payment in coin. The subject may be deemed worthy of your attention.
+</p>
+<p>
+ No arrangement has yet been reached for the settlement of our claims
+ for British depredations upon the commerce of the United States. I have
+ felt it my duty to decline the proposition of arbitration made by
+ Her Majesty's Government, because it has hitherto been accompanied by
+ reservations and limitations incompatible with the rights, interest, and
+ honor of our country. It is not to be apprehended that Great Britain
+ will persist in her refusal to satisfy these just and reasonable claims,
+ which involve the sacred principle of nonintervention&mdash;a principle
+ henceforth not more important to the United States than to all other
+ commercial nations.
+</p>
+<p>
+ The West India islands were settled and colonized by European States
+ simultaneously with the settlement and colonization of the American
+ continent. Most of the colonies planted here became independent nations
+ in the close of the last and the beginning of the present century. Our
+ own country embraces communities which at one period were colonies of
+ Great Britain, France, Spain, Holland, Sweden, and Russia. The people
+ in the West Indies, with the exception of those of the island of Hayti,
+ have neither attained nor aspired to independence, nor have they become
+ prepared for self-defense. Although possessing considerable commercial
+ value, they have been held by the several European States which
+ colonized or at some time conquered them, chiefly for purposes of
+ military and naval strategy in carrying out European policy and designs
+ in regard to this continent. In our Revolutionary War ports and harbors
+ in the West India islands were used by our enemy, to the great injury
+ and embarrassment of the United States. We had the same experience in
+ our second war with Great Britain. The same European policy for a long
+ time excluded us even from trade with the West Indies, while we were at
+ peace with all nations. In our recent civil war the rebels and their
+ piratical and blockade-breaking allies found facilities in the same
+ ports for the work, which they too successfully accomplished, of
+ injuring and devastating the commerce which we are now engaged in
+ rebuilding. We labored especially under this disadvantage, that
+ European steam vessels employed by our enemies found friendly shelter,
+ protection, and supplies in West Indian ports, while our naval
+ operations were necessarily carried on from our own distant shores.
+ There was then a universal feeling of the want of an advanced naval
+ outpost between the Atlantic coast and Europe. The duty of obtaining
+ such an outpost peacefully and lawfully, while neither doing nor
+ menacing injury to other states, earnestly engaged the attention of the
+ executive department before the close of the war, and it has not been
+ lost sight of since that time. A not entirely dissimilar naval want
+ revealed itself during the same period on the Pacific coast. The
+ required foothold there was fortunately secured by our late treaty with
+ the Emperor of Russia, and it now seems imperative that the more obvious
+ necessities of the Atlantic coast should not be less carefully provided
+ for. A good and convenient port and harbor, capable of easy defense,
+ will supply that want. With the possession of such a station by the
+ United States, neither we nor any other American nation need longer
+ apprehend injury or offense from any transatlantic enemy. I agree with
+ our early statesmen that the West Indies naturally gravitate to, and
+ may be expected ultimately to be absorbed by, the continental States,
+ including our own. I agree with them also that it is wise to leave the
+ question of such absorption to this process of natural political
+ gravitation. The islands of St. Thomas and St. John, which constitute
+ a part of the group called the Virgin Islands, seemed to offer us
+ advantages immediately desirable, while their acquisition could be
+ secured in harmony with the principles to which I have alluded. A treaty
+ has therefore been concluded with the King of Denmark for the cession of
+ those islands, and will be submitted to the Senate for consideration.
+</p>
+<p>
+ It will hardly be necessary to call the attention of Congress to the
+ subject of providing for the payment to Russia of the sum stipulated in
+ the treaty for the cession of Alaska. Possession having been formally
+ delivered to our commissioner, the territory remains for the present in
+ care of a military force, awaiting such civil organization as shall be
+ directed by Congress.
+</p>
+<p>
+ The annexation of many small German States to Prussia and the
+ reorganization of that country under a new and liberal constitution have
+ induced me to renew the effort to obtain a just and prompt settlement of
+ the long-vexed question concerning the claims of foreign states for
+ military service from their subjects naturalized in the United States.
+</p>
+<p>
+ In connection with this subject the attention of Congress is
+ respectfully called to a singular and embarrassing conflict of laws.
+ The executive department of this Government has hitherto uniformly held,
+ as it now holds, that naturalization in conformity with the Constitution
+ and laws of the United States absolves the recipient from his native
+ allegiance. The courts of Great Britain hold that allegiance to the
+ British Crown is indefeasible, and is not absolved by our laws of
+ naturalization. British judges cite courts and law authorities of the
+ United States in support of that theory against the position held by the
+ executive authority of the United States. This conflict perplexes the
+ public mind concerning the rights of naturalized citizens and impairs
+ the national authority abroad. I called attention to this subject in my
+ last annual message, and now again respectfully appeal to Congress to
+ declare the national will unmistakably upon this important question.
+</p>
+<p>
+ The abuse of our laws by the clandestine prosecution of the African
+ slave trade from American ports or by American citizens has altogether
+ ceased, and under existing circumstances no apprehensions of its renewal
+ in this part of the world are entertained. Under these circumstances
+ it becomes a question whether we shall not propose to Her Majesty's
+ Government a suspension or discontinuance of the stipulations for
+ maintaining a naval force for the suppression of that trade.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 3, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for consideration with a view to ratification, a treaty
+ between the United States and His Majesty the King of Denmark,
+ stipulating for the cession of the islands of St. Thomas and St. John,
+ in the West Indies.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 3, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for consideration with a view to ratification, a treaty of
+ friendship, commerce, and navigation between the United States and the
+ Republic of Nicaragua, signed at the city of Managua on the 21st day of
+ June last. This instrument has been framed pursuant to the amendments
+ of the Senate of the United States to the previous treaty between the
+ parties of the 16th of March, 1859.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 4, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a final report from the Attorney-General, additional
+ to the reports submitted by him December 31, 1866, March 2, 1867, and
+ July 8, 1867, in reply to a resolution of the House of Representatives
+ December 10, 1866, requesting "a list of the names of all persons
+ engaged in the late rebellion against the United States Government who
+ have been pardoned by the President from April 15, 1865, to this date;
+ that said list shall also state the rank of each person who has been
+ so pardoned, if he has been engaged in the military service of the
+ so-called Confederate government, and the position if he shall have held
+ any civil office under said so-called Confederate government; and shall
+ also state whether such person has at anytime prior to April 14, 1861,
+ held any office under the United States Government, and, if so, what
+ office, together with the reason for granting such pardon, and also the
+ names of the person or persons at whose solicitation such pardon was
+ granted."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 4, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 26th
+ ultimo, a report<a href="#note-30"><small>30</small></a> from the Secretary of State, with accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 5, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 17th July last, requesting me to communicate all information received
+ at the several Departments of the Government touching the organization
+ within or near the territory of the United States of armed bodies of men
+ for the purpose of avenging the death of the Archduke Maximilian or of
+ intervening in Mexican affairs, and what measures have been taken to
+ prevent the organization or departure of such organized bodies for the
+ purpose of carrying out such objects, I transmit a report from the
+ Secretary of State and the papers accompanying it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 5, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I submit to the Senate, for its consideration with a view to
+ ratification, a commercial treaty between the United States of America
+ and Her Majesty the Queen of Madagascar, signed at Antananarivo on the
+ 14th of February last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 10, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 25th
+ ultimo, a report<a href="#note-31"><small>31</small></a> from the Secretary of State, with accompanying
+ papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 10, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit a copy of a dispatch of the 17th of July last, addressed to
+ the Secretary of State, and of the papers which accompanied it, from
+ Anson Burlingame, esq., minister of the United States to China, relating
+ to a proposed modification of the existing treaty between this
+ Government and that of China.
+</p>
+<p>
+ The Senate is aware that the original treaty is chiefly <i>ex parte</i>
+ in its character. The proposed modification, though not of sufficient
+ importance to warrant all the usual forms, does not seem to be
+ objectionable; but it can not be legally accepted by the executive
+ government without the advice and consent of the Senate. If this
+ should be given, it may be indicated by a resolution, upon the adoption
+ of which the United States minister to China will be instructed to
+ inform the Government of that country that the modification has been
+ assented to.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 12, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ On the 12th of August last I suspended Mr. Stanton from the exercise of
+ the office of Secretary of War, and on the same day designated General
+ Grant to act as Secretary of War <i>ad interim</i>.
+</p>
+<p>
+ The following are copies of the Executive orders:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, August 12, 1867</i>.
+</p>
+<p class="q">
+ Hon. EDWIN M. STANTON,<br>
+ <i>Secretary of War</i>.
+</p><p class="q">
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+</p><p class="q">
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War <i>ad interim</i>,
+ all records, books, and other property now in your custody and charge.
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., August 12, 1867</i>.
+</p><p class="q">
+ General ULYSSES S. GRANT,<br>
+ <i>Washington, D.C.</i>
+</p><p class="q">
+ SIR: The Hon. Edwin M. Stanton having been this day suspended as
+ Secretary of War, you are hereby authorized and empowered to act as
+ Secretary of War <i>ad interim</i>, and will at once enter upon the discharge
+ of the duties of the office.
+</p><p class="q">
+ The Secretary of War has been instructed to transfer to you all the
+ records, books, papers, and other public property now in his custody and
+ charge.
+</p>
+<p>
+ The following communication was received from Mr. Stanton:
+</p>
+<p class="q" style="text-align: right;">
+ WAR DEPARTMENT,<br>
+ <i>Washington City, August 12, 1867</i>.
+</p><p class="q">
+ The PRESIDENT.
+</p><p class="q">
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers and authority vested in you as President by the
+ Constitution and laws of the United States I am suspended from office
+ as Secretary of War, and will cease to exercise any and all functions
+ pertaining to the same, and also directing me at once to transfer to
+ General Ulysses S. Grant, who has this day been authorized and empowered
+ to act as Secretary of War <i>ad interim</i>, all records, books, papers, and
+ other public property now in my custody and charge.
+</p><p class="q">
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+</p><p class="q">
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed <i>ad interim</i>, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+</p>
+<p>
+ The suspension has not been revoked, and the business of the War
+ Department is conducted by the Secretary <i>ad interim</i>.
+</p>
+<p>
+ Prior to the date of this suspension I had come to the conclusion that
+ the time had arrived when it was proper Mr. Stanton should retire from
+ my Cabinet. The mutual confidence and general accord which should exist
+ in such a relation had ceased. I supposed that Mr. Stanton was well
+ advised that his continuance in the Cabinet was contrary to my wishes,
+ for I had repeatedly given him so to understand by every mode short of
+ an express request that he should resign. Having waited full time for
+ the voluntary action of Mr. Stanton, and seeing no manifestation on his
+ part of an intention to resign, I addressed him the following note on
+ the 5th of August:
+</p>
+<p class="q">
+ SIR: Public considerations of a high character constrain me to say
+ that your resignation as Secretary of War will be accepted.
+</p>
+<p>
+ To this note I received the following reply:
+</p>
+<p class="q" style="text-align: right;">
+ WAR DEPARTMENT,<br>
+ <i>Washington, August 5, 1867</i>.
+</p><p class="q">
+ SIR: Your note of this day has been received, stating that public
+ considerations of a high character constrain you to say that my
+ resignation as Secretary of War will be accepted.
+</p><p class="q">
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+</p>
+<p>
+ This reply of Mr. Stanton was not merely a disinclination of compliance
+ with the request for his resignation; it was a defiance, and something
+ more. Mr. Stanton does not content himself with assuming that public
+ considerations bearing upon his continuance in office form as fully
+ a rule of action for himself as for the President, and that upon so
+ delicate a question as the fitness of an officer for continuance in his
+ office the officer is as competent and as impartial to decide as his
+ superior, who is responsible for his conduct. But he goes further, and
+ plainly intimates what he means by "public considerations of a high
+ character," and this is nothing else than his loss of confidence in his
+ superior. He says that these public considerations have "alone induced
+ me to continue at the head of this Department," and that they "constrain
+ me not to resign the office of Secretary of War before the next meeting
+ of Congress."
+</p>
+<p>
+ This language is very significant. Mr. Stanton holds the position
+ unwillingly. He continues in office only under a sense of high public
+ duty. He is ready to leave when it is safe to leave, and as the danger
+ he apprehends from his removal then will not exist when Congress is
+ here, he is constrained to remain during the interim. What, then, is
+ that danger which can only be averted by the presence of Mr. Stanton or
+ of Congress? Mr. Stanton does not say that "public considerations of a
+ high character" constrain him to hold on to the office indefinitely. He
+ does not say that no one other than himself can at any time be found to
+ take his place and perform its duties. On the contrary, he expresses a
+ desire to leave the office at the earliest moment consistent with these
+ high public considerations. He says, in effect, that while Congress is
+ away he must remain, but that when Congress is here he can go. In other
+ words, he has lost confidence in the President. He is unwilling to leave
+ the War Department in his hands or in the hands of anyone the President
+ may appoint or designate to perform its duties. If he resigns, the
+ President may appoint a Secretary of War that Mr. Stanton does not
+ approve; therefore he will not resign. But when Congress is in session
+ the President can not appoint a Secretary of War which the Senate does
+ not approve; consequently when Congress meets Mr. Stanton is ready to
+ resign.
+</p>
+<p>
+ Whatever cogency these "considerations" may have had on Mr. Stanton,
+ whatever right he may have had to entertain such considerations,
+ whatever propriety there might be in the expression of them to others,
+ one thing is certain, it was official misconduct, to say the least of
+ it, to parade them before his superior officer.
+</p>
+<p>
+ Upon the receipt of this extraordinary note I only delayed the order of
+ suspension long enough to make the necessary arrangements to fill the
+ office. If this were the only cause for his suspension, it would be
+ ample. Necessarily it must end our most important official relations,
+ for I can not imagine a degree of effrontery which would embolden the
+ head of a Department to take his seat at the council table in the
+ Executive Mansion after such an act; nor can I imagine a President so
+ forgetful of the proper respect and dignity which belong to his office
+ as to submit to such intrusion. I will not do Mr. Stanton the wrong to
+ suppose that he entertained any idea of offering to act as one of my
+ constitutional advisers after that note was written. There was an
+ interval of a week between that date and the order of suspension, during
+ which two Cabinet meetings were held. Mr. Stanton did not present
+ himself at either, nor was he expected.
+</p>
+<p>
+ On the 12th of August Mr. Stanton was notified of his suspension and
+ that General Grant had been authorized to take charge of the Department.
+ In his answer to this notification, of the same date, Mr. Stanton
+ expresses himself as follows:
+</p>
+<p class="q">
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+</p><p class="q">
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed <i>ad interim</i>, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+</p>
+<p>
+ It will not escape attention that in his note of August 5 Mr. Stanton
+ stated that he had been constrained to continue in the office, even
+ before he was requested to resign, by considerations of a high public
+ character. In this note of August 12 a new and different sense of public
+ duty compels him to deny the President's right to suspend him from
+ office without the consent of the Senate. This last is the public duty
+ of resisting an act contrary to law, and he charges the President with
+ violation of the law in ordering his suspension.
+</p>
+<p>
+ Mr. Stanton refers generally to the Constitution and laws of the "United
+ States," and says that a sense of public duty "under" these compels him
+ to deny the right of the President to suspend him from office. As to his
+ sense of duty under the Constitution, that will be considered in the
+ sequel. As to his sense of duty under "the laws of the United States,"
+ he certainly can not refer to the law which creates the War Department,
+ for that expressly confers upon the President the unlimited right to
+ remove the head of the Department. The only other law bearing upon
+ the question is the tenure-of-office act, passed by Congress over the
+ Presidential veto March 2, 1867. This is the law which, under a sense
+ of public duty, Mr. Stanton volunteers to defend.
+</p>
+<p>
+ There is no provision in this law which compels any officer coming
+ within its provisions to remain in office. It forbids removals&mdash;not
+ resignations. Mr. Stanton was perfectly free to resign at any moment,
+ either upon his own motion or in compliance with a request or an order.
+ It was a matter of choice or of taste. There was nothing compulsory in
+ the nature of legal obligation. Nor does he put his action upon that
+ imperative ground. He says he acts under a "sense of public duty," not
+ of legal obligation, compelling him to hold on and leaving him no
+ choice. The public duty which is upon him arises from the respect which
+ he owes to the Constitution and the laws, violated in his own case.
+ He is therefore compelled by this sense of public duty to vindicate
+ violated law and to stand as its champion.
+</p>
+<p>
+ This was not the first occasion in which Mr. Stanton, in discharge of
+ a public duty, was called upon to consider the provisions of that law.
+ That tenure-of-office law did not pass without notice. Like other acts,
+ it was sent to the President for approval. As is my custom, I submitted
+ its consideration to my Cabinet for their advice upon the question
+ whether I should approve it or not. It was a grave question of
+ constitutional law, in which I would, of course, rely most upon the
+ opinion of the Attorney-General and of Mr. Stanton, who had once been
+ Attorney-General.
+</p>
+<p>
+ Every member of my Cabinet advised me that the proposed law was
+ unconstitutional. All spoke without doubt or reservation, but Mr.
+ Stanton's condemnation of the law was the most elaborate and emphatic.
+ He referred to the constitutional provisions, the debates in Congress,
+ especially to the speech of Mr. Buchanan when a Senator, to the
+ decisions of the Supreme Court, and to the usage from the beginning of
+ the Government through every successive Administration, all concurring
+ to establish the right of removal as vested by the Constitution in the
+ President. To all these he added the weight of his own deliberate
+ judgment, and advised me that it was my duty to defend the power of
+ the President from usurpation and to veto the law.
+</p>
+<p>
+ I do not know when a sense of public duty is more imperative upon a head
+ of Department than upon such an occasion as this. He acts then under the
+ gravest obligations of law, for when he is called upon by the President
+ for advice it is the Constitution which speaks to him. All his other
+ duties are left by the Constitution to be regulated by statute, but this
+ duty was deemed so momentous that it is imposed by the Constitution
+ itself.
+</p>
+<p>
+ After all this I was not prepared for the ground taken by Mr. Stanton in
+ his note of August 12. I was not prepared to find him compelled by a new
+ and indefinite sense of public duty, under "the Constitution," to assume
+ the vindication of a law which, under the solemn obligations of public
+ duty imposed by the Constitution itself, he advised me was a violation
+ of that Constitution. I make great allowance for a change of opinion,
+ but such a change as this hardly falls within the limits of greatest
+ indulgence.
+</p>
+<p>
+ Where our opinions take the shape of advice, and influence the action
+ of others, the utmost stretch of charity will scarcely justify us in
+ repudiating them when they come to be applied to ourselves.
+</p>
+<p>
+ But to proceed with the narrative. I was so much struck with the full
+ mastery of the question manifested by Mr. Stanton, and was at the time
+ so fully occupied with the preparation of another veto upon the pending
+ reconstruction act, that I requested him to prepare the veto upon this
+ tenure-of-office bill. This he declined, on the ground of physical
+ disability to undergo at the time the labor of writing, but stated his
+ readiness to furnish what aid might be required in the preparation of
+ materials for the paper.
+</p>
+<p>
+ At the time this subject was before the Cabinet it seemed to be taken
+ for granted that as to those members of the Cabinet who had been
+ appointed by Mr. Lincoln their tenure of office was not fixed by the
+ provisions of the act. I do not remember that the point was distinctly
+ decided, but I well recollect that it was suggested by one member of the
+ Cabinet who was appointed by Mr. Lincoln, and that no dissent was
+ expressed.
+</p>
+<p>
+ Whether the point was well taken or not did not seem to me of any
+ consequence, for the unanimous expression of opinion against the
+ constitutionality and policy of the act was so decided that I felt no
+ concern, so far as the act had reference to the gentlemen then present,
+ that I would be embarrassed in the future. The bill had not then become
+ a law. The limitation upon the power of removal was not yet imposed, and
+ there was yet time to make any changes. If any one of these gentlemen
+ had then said to me that he would avail himself of the provisions of
+ that bill in case it became a law, I should not have hesitated a moment
+ as to his removal. No pledge was then expressly given or required.
+ But there are circumstances when to give an expressed pledge is not
+ necessary, and when to require it is an imputation of possible bad
+ faith. I felt that if these gentlemen came within the purview of the
+ bill it was as to them a dead letter, and that none of them would ever
+ take refuge under its provisions.
+</p>
+<p>
+ I now pass to another subject. When, on the 15th of April, 1865, the
+ duties of the Presidential office devolved upon me, I found a full
+ Cabinet of seven members, all of them selected by Mr. Lincoln.
+ I made no change. On the contrary, I shortly afterwards ratified a
+ change determined upon by Mr. Lincoln, but not perfected at his death,
+ and admitted his appointee, Mr. Harlan, in the place of Mr. Usher, who
+ was in office at the time.
+</p>
+<p>
+ The great duty of the time was to reestablish government, law, and order
+ in the insurrectionary States. Congress was then in recess, and the
+ sudden overthrow of the rebellion required speedy action. This grave
+ subject had engaged the attention of Mr. Lincoln in the last days of his
+ life, and the plan according to which it was to be managed had been
+ prepared and was ready for adoption. A leading feature of that plan was
+ that it should be carried out by the Executive authority, for, so far as
+ I have been informed, neither Mr. Lincoln nor any member of his Cabinet
+ doubted his authority to act or proposed to call an extra session of
+ Congress to do the work. The first business transacted in Cabinet after
+ I became President was this unfinished business of my predecessor.
+ A plan or scheme of reconstruction was produced which had been prepared
+ for Mr. Lincoln by Mr. Stanton, his Secretary of War. It was approved,
+ and at the earliest moment practicable was applied in the form of a
+ proclamation to the State of North Carolina, and afterwards became the
+ basis of action in turn for the other States.
+</p>
+<p>
+ Upon the examination of Mr. Stanton before the Impeachment Committee he
+ was asked the following question:
+</p>
+<p class="q">
+ Did any one of the Cabinet express a doubt of the power of the executive
+ branch of the Government to reorganize State governments which had been
+ in rebellion without the aid of Congress?
+</p>
+<p>
+ He answered:
+</p>
+<p class="q">
+ None whatever. I had myself entertained no doubt of the authority of the
+ President to take measures for the organization of the rebel States on
+ the plan proposed during the vacation of Congress and agreed in the plan
+ specified in the proclamation in the case of North Carolina.
+</p>
+<p>
+ There is perhaps no act of my Administration for which I have been more
+ denounced than this. It was not originated by me, but I shrink from no
+ responsibility on that account, for the plan approved itself to my own
+ judgment, and I did not hesitate to carry it into execution.
+</p>
+<p>
+ Thus far and upon this vital policy there was perfect accord between the
+ Cabinet and myself, and I saw no necessity for a change. As time passed
+ on there was developed an unfortunate difference of opinion and of
+ policy between Congress and the President upon this same subject and
+ upon the ultimate basis upon which the reconstruction of these States
+ should proceed, especially upon the question of negro suffrage. Upon
+ this point three members of the Cabinet found themselves to be in
+ sympathy with Congress. They remained only long enough to see that the
+ difference of policy could not be reconciled. They felt that they should
+ remain no longer, and a high sense of duty and propriety constrained
+ them to resign their positions. We parted with mutual respect for the
+ sincerity of each other in opposite opinions, and mutual regret that the
+ difference was on points so vital as to require a severance of official
+ relations. This was in the summer of 1866. The subsequent sessions of
+ Congress developed new complications, when the suffrage bill for the
+ District of Columbia and the reconstruction acts of March 2 and March
+ 23, 1867, all passed over the veto. It was in Cabinet consultations upon
+ these bills that a difference of opinion upon the most vital points was
+ developed. Upon these questions there was perfect accord between all the
+ members of the Cabinet and myself, except Mr. Stanton. He stood alone,
+ and the difference of opinion could not be reconciled. That unity of
+ opinion which, upon great questions of public policy or administration,
+ is so essential to the Executive was gone.
+</p>
+<p>
+ I do not claim that a head of Department should have no other opinions
+ than those of the President. He has the same right, in the conscientious
+ discharge of duty, to entertain and express his own opinions as has the
+ President. What I do claim is that the President is the responsible head
+ of the Administration, and when the opinions of a head of Department are
+ irreconcilably opposed to those of the President in grave matters of
+ policy and administration there is but one result which can solve the
+ difficulty, and that is a severance of the official relation. This in
+ the past history of the Government has always been the rule, and it is a
+ wise one, for such differences of opinion among its members must impair
+ the efficiency of any Administration.
+</p>
+<p>
+ I have now referred to the general grounds upon which the withdrawal
+ or Mr. Stanton from my Administration seemed to me to be proper and
+ necessary, but I can not omit to state a special ground, which, if it
+ stood alone, would vindicate my action.
+</p>
+<p>
+ The sanguinary riot which occurred in the city of New Orleans on the
+ 30th of August, 1866, justly aroused public indignation and public
+ inquiry, not only as to those who were engaged in it, but as to those
+ who, more or less remotely, might be held to responsibility for its
+ occurrence. I need not remind the Senate of the effort made to fix that
+ responsibility on the President. The charge was openly made, and again
+ and again reiterated all through the land, that the President was warned
+ in time, but refused to interfere.
+</p>
+<p>
+ By telegrams from the lieutenant-governor and attorney-general of
+ Louisiana, dated the 27th and 28th of August, I was advised that a body
+ of delegates claiming to be a constitutional convention were about to
+ assemble in New Orleans; that the matter was before the grand jury, but
+ that it would be impossible to execute civil process without a riot; and
+ this question was asked:
+</p>
+<p class="q">
+ Is the military to interfere to prevent process of court?
+</p>
+<p>
+ This question was asked at a time when the civil courts were in the full
+ exercise of their authority, and the answer sent by telegraph on the
+ same 28th of August was this:
+</p>
+<p class="q">
+ The military will be expected to sustain, and not to interfere with,
+ the proceedings of the courts.
+</p>
+<p>
+ On the same 28th of August the following telegram was sent to Mr.
+ Stanton by Major-General Baird, then (owing to the absence of General
+ Sheridan) in command of the military at New Orleans:
+</p>
+<p class="q" style="text-align: right;">
+ Hon. EDWIN M. STANTON,<br>
+ <i>Secretary of War</i>:
+</p><p class="q">
+ A convention has been called, with the sanction of Governor Wells, to
+ meet here on Monday. The lieutenant-governor and city authorities think
+ it unlawful, and propose to break it up by arresting the delegates.
+ I have given no orders on the subject, but have warned the parties that
+ I could not countenance or permit such action without instructions to
+ that effect from the President. Please instruct me at once by telegraph.
+</p>
+<p>
+ The 28th of August was on Saturday. The next morning, the 29th, this
+ dispatch was received by Mr. Stanton at his residence in this city. He
+ took no action upon it, and neither sent instructions to General Baird
+ himself nor presented it to me for such instructions. On the next day
+ (Monday) the riot occurred. I never saw this dispatch from General Baird
+ until some ten days or two weeks after the riot, when, upon my call for
+ all the dispatches, with a view to their publication, Mr. Stanton sent
+ it to me.
+</p>
+<p>
+ These facts all appear in the testimony of Mr. Stanton before the
+ Judiciary Committee in the impeachment investigation.
+</p>
+<p>
+ On the 30th, the day of the riot, and after it was suppressed, General
+ Baird wrote to Mr. Stanton a long letter, from which I make the
+ following extract:
+</p>
+<p class="q">
+ SIR: I have the honor to inform you that a very serious riot has
+ occurred here to-day. I had not been applied to by the convention
+ for protection, but the lieutenant-governor and the mayor had freely
+ consulted with me, and I was so fully convinced that it was so strongly
+ the intent of the city authorities to preserve the peace, in order to
+ prevent military interference, that I did not regard an outbreak as a
+ thing to be apprehended. The lieutenant-governor had assured me that
+ even if a writ of arrest was issued by the court the sheriff would not
+ attempt to serve it without my permission, and for to-day they designed
+ to suspend it. I inclose herewith copies of my correspondence with the
+ mayor and of a dispatch which the lieutenant-governor claims to have
+ received from the President. I regret that no reply to my dispatch to
+ you of Saturday has yet reached me. General Sheridan is still absent
+ in Texas.
+</p>
+<p>
+ The dispatch of General Baird of the 28th asks for immediate
+ instructions, and his letter of the 30th, after detailing the terrible
+ riot which had just happened, ends with the expression of regret that
+ the instructions which he asked for were not sent. It is not the fault
+ or the error or the omission of the President that this military
+ commander was left without instructions; but for all omissions, for
+ all errors, for all failures to instruct when instruction might have
+ averted this calamity, the President was openly and persistently held
+ responsible. Instantly, without waiting for proof, the delinquency of
+ the President was heralded in every form of utterance. Mr. Stanton knew
+ then that the President was not responsible for this delinquency. The
+ exculpation was in his power, but it was not given by him to the public,
+ and only to the President in obedience to a requisition for all the
+ dispatches.
+</p>
+<p>
+ No one regrets more than myself that General Baird's request was not
+ brought to my notice. It is clear from his dispatch and letter that if
+ the Secretary of War had given him proper instructions the riot which
+ arose on the assembling of the convention would have been averted.
+</p>
+<p>
+ There may be those ready to say that I would have given no instructions
+ even if the dispatch had reached me in time, but all must admit that
+ I ought to have had the opportunity.
+</p>
+<p>
+ The following is the testimony given by Mr. Stanton before the
+ impeachment investigation committee as to this dispatch:
+</p>
+<p class="q">
+ Q. Referring to the dispatch of the 28th of July by General Baird, I ask
+ you whether that dispatch on its receipt was communicated?
+</p><p class="q">
+ A. I received that dispatch on Sunday forenoon. I examined it carefully,
+ and considered the question presented. I did not see that I could give
+ any instructions different from the line of action which General Baird
+ proposed, and made no answer to the dispatch.
+</p><p class="q">
+ Q. I see it stated that this was received at 10.20 p.m. Was that the
+ hour at which it was received by you?
+</p><p class="q">
+ A. That is the date of its reception in the telegraph office Saturday
+ night. I received it on Sunday forenoon at my residence. A copy of the
+ dispatch was furnished to the President several days afterwards, along
+ with all the other dispatches and communications on that subject, but it
+ was not furnished by me before that time. I suppose it may have been ten
+ or fifteen days afterwards.
+</p><p class="q">
+ Q. The President himself being in correspondence with those parties upon
+ the same subject, would it not have been proper to have advised him of
+ the reception of that dispatch?
+</p><p class="q">
+ A. I know nothing about his correspondence, and know nothing about any
+ correspondence except this one dispatch. We had intelligence of the riot
+ on Thursday morning. The riot had taken place on Monday.
+</p>
+<p>
+ It is a difficult matter to define all the relations which exist between
+ the heads of Departments and the President. The legal relations are well
+ enough defined. The Constitution places these officers in the relation
+ of his advisers when he calls upon them for advice. The acts of Congress
+ go further. Take, for example, the act of 1789 creating the War
+ Department. It provides that&mdash;
+</p>
+<p class="q">
+ There shall be a principal officer therein to be called the Secretary
+ for the Department of War, who shall perform and execute such duties
+ as shall from time to time be enjoined on or intrusted to him by the
+ President of the United States; and, furthermore, the said principal
+ officer shall conduct the business of the said Department in such manner
+ as the President of the United States shall from time to time order and
+ instruct.
+</p>
+<p>
+ Provision is also made for the appointment of an inferior officer by the
+ head of the Department, to be called the chief clerk, "who, whenever
+ said principal officer shall be removed from office by the President
+ of the United States," shall have the charge and custody of the books,
+ records, and papers of the Department.
+</p>
+<p>
+ The legal relation is analogous to that of principal and agent. It is
+ the President upon whom the Constitution devolves, as head of the
+ executive department, the duty to see that the laws are faithfully
+ executed; but as he can not execute them in person, he is allowed to
+ select his agents, and is made responsible for their acts within just
+ limits. So complete is this presumed delegation of authority in the
+ relation of a head of Department to the President that the Supreme Court
+ of the United States have decided that an order made by a head of
+ Department is presumed to be made by the President himself.
+</p>
+<p>
+ The principal, upon whom such responsibility is placed for the acts
+ of a subordinate, ought to be left as free as possible in the matter
+ of selection and of dismissal. To hold him to responsibility for an
+ officer beyond his control; to leave the question of the fitness of
+ such an agent to be decided <i>for</i> him and not <i>by</i> him; to allow such
+ a subordinate, when the President, moved by "public considerations of
+ a high character," requests his resignation, to assume for himself an
+ equal right to act upon his own views of "public considerations" and to
+ make his own conclusions paramount to those of the President&mdash;to allow
+ all this is to reverse the just order of administration and to place
+ the subordinate above the superior.
+</p>
+<p>
+ There are, however, other relations between the President and
+ a head of Department beyond these defined legal relations, which
+ necessarily attend them, though not expressed. Chief among these is
+ mutual confidence. This relation is so delicate that it is sometimes
+ hard to say when or how it ceases. A single flagrant act may end
+ it at once, and then there is no difficulty. But confidence may be
+ just as effectually destroyed by a series of causes too subtle for
+ demonstration. As it is a plant of slow growth, so, too, it may be
+ slow in decay. Such has been the process here. I will not pretend to say
+ what acts or omissions have broken up this relation. They are hardly
+ susceptible of statement, and still less of formal proof. Nevertheless,
+ no one can read the correspondence of the 5th of August without being
+ convinced that this relation was effectually gone on both sides, and
+ that while the President was unwilling to allow Mr. Stanton to remain
+ in his Administration, Mr. Stanton was equally unwilling to allow the
+ President to carry on his Administration without his presence.
+</p>
+<p>
+ In the great debate which took place in the House of Representatives
+ in 1789, in the first organization of the principal Departments, Mr.
+ Madison spoke as follows:
+</p>
+<p class="q">
+ It is evidently the intention of the Constitution that the first
+ magistrate should be responsible for the executive department. So far,
+ therefore, as we do not make the officers who are to aid him in the
+ duties of that department responsible to him, he is not responsible
+ to the country. Again: Is there no danger that an officer, when he is
+ appointed by the concurrence of the Senate and has friends in that body,
+ may choose rather to risk his establishment on the favor of that branch
+ than rest it upon the discharge of his duties to the satisfaction of the
+ executive branch, which is constitutionally authorized to inspect and
+ control his conduct? And if it should happen that the officers connect
+ themselves with the Senate, they may mutually support each other, and
+ for want of efficacy reduce the power of the President to a mere
+ vapor, in which case his responsibility would be annihilated, and the
+ expectation of it is unjust. The high executive officers, joined in
+ cabal with the Senate, would lay the foundation of discord, and end in
+ an assumption of the executive power only to be removed by a revolution
+ in the Government.
+</p>
+<p>
+ Mr. Sedgwick, in the same debate, referring to the proposition that
+ a head of Department should only be removed or suspended by the
+ concurrence of the Senate, used this language:
+</p>
+<p class="q">
+ But if proof be necessary, what is then the consequence? Why, in nine
+ cases out of ten, where the case is very clear to the mind of the
+ President that the man ought to be removed, the effect can not be
+ produced, because it is absolutely impossible to produce the necessary
+ evidence. Are the Senate to proceed without evidence? Some gentlemen
+ contend not. Then the object will be lost. Shall a man under these
+ circumstances be saddled upon the President who has been appointed for
+ no other purpose but to aid the President in performing certain duties?
+ Shall he be continued, I ask again, against the will of the President?
+ If he is, where is the responsibility? Are you to look for it in the
+ President, who has no control over the officer, no power to remove him
+ if he acts unfeelingly or unfaithfully? Without you make him responsible
+ you weaken and destroy the strength and beauty of your system. What is
+ to be done in cases which can only be known from a long acquaintance
+ with the conduct of an officer?
+</p>
+<p>
+ I had indulged the hope that upon the assembling of Congress
+ Mr. Stanton would have ended this unpleasant complication according
+ to his intimation given in his note of August 12. The duty which I have
+ felt myself called upon to perform was by no means agreeable, but I feel
+ that I am not responsible for the controversy or for the consequences.
+</p>
+<p>
+ Unpleasant as this necessary change in my Cabinet has been to me upon
+ personal considerations, I have the consolation to be assured that so
+ far as the public interests are involved there is no cause for regret.
+</p>
+<p>
+ Salutary reforms have been introduced by the Secretary <i>ad interim</i>, and
+ great reductions of expenses have been effected under his administration
+ of the War Department, to the saving of millions to the Treasury.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 14, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution of the House of Representatives of the
+ 9th instant, I transmit herewith a copy of the papers relating to the
+ trial by a military commission of Albert M.D.C. Lusk, of Louisiana.
+ No action in the case has yet been taken by the President.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 17, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit for the information of the House of Representatives a report
+ from the Secretary of State, with an accompanying paper.<a href="#note-32"><small>32</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 17, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 6th instant,
+ concerning the International Monetary Conference held at Paris in
+ June last, I transmit a report from the Secretary of State, which
+ is accompanied by the papers called for by the resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 17, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate, an agreement between
+ the diplomatic representatives of certain foreign powers in Japan,
+ including the minister of the United States, on the one part, and
+ plenipotentiaries on the part of the Japanese Government, relative
+ to the settlement of Yokohama.
+</p>
+<p>
+ This instrument can not be legally binding upon the United States unless
+ sanctioned by the Senate. There appears to be no objection to its
+ approval.
+</p>
+<p>
+ A copy of General Van Valkenburgh's dispatch to the Secretary of State,
+ by which the agreement was accompanied, and of the map to which it
+ refers, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>December 18, 1867</i>.
+</p>
+<p>
+ <i>Gentlemen of the Senate and of the House of Representatives</i>:
+</p>
+<p>
+ An official copy of the order issued by Major-General Winfield S.
+ Hancock, commander of the Fifth Military District, dated headquarters in
+ New Orleans, La., on the 29th day of November, has reached me through
+ the regular channels of the War Department, and I herewith communicate
+ it to Congress for such action as may seem to be proper in view of all
+ the circumstances.
+</p>
+<p>
+ It will be perceived that General Hancock announces that he will make
+ the law the rule of his conduct; that he will uphold the courts and
+ other civil authorities in the performance of their proper duties, and
+ that he will use his military power only to preserve the peace and
+ enforce the law. He declares very explicitly that the sacred right of
+ the trial by jury and the privilege of the writ of <i>habeas corpus</i> shall
+ not be crushed out or trodden under foot. He goes further, and in one
+ comprehensive sentence asserts that the principles of American liberty
+ are still the inheritance of this people and ever should be.
+</p>
+<p>
+ When a great soldier, with unrestricted power in his hands to oppress
+ his fellow-men, voluntarily foregoes the chance of gratifying his
+ selfish ambition and devotes himself to the duty of building up the
+ liberties and strengthening the laws of his country, he presents an
+ example of the highest public virtue that human nature is capable of
+ practicing. The strongest claim of Washington to be "first in war,
+ first in peace, and first in the hearts of his countrymen" is founded
+ on the great fact that in all his illustrious career he scrupulously
+ abstained from violating the legal and constitutional rights of his
+ fellow-citizens. When he surrendered his commission to Congress, the
+ President of that body spoke his highest praise in saying that he had
+ "always regarded the rights of the civil authorities through all dangers
+ and disasters." Whenever power above the law courted his acceptance, he
+ calmly put the temptation aside. By such magnanimous acts of forbearance
+ he won the universal admiration of mankind and left a name which has no
+ rival in the history of the world.
+</p>
+<p>
+ I am far from saying that General Hancock is the only officer of the
+ American Army who is influenced by the example of Washington. Doubtless
+ thousands of them are faithfully devoted to the principles for which the
+ men of the Revolution laid down their lives. But the distinguished honor
+ belongs to him of being the first officer in high command south of the
+ Potomac, since the close of the civil war, who has given utterance to
+ these noble sentiments in the form of a military order.
+</p>
+<p>
+ I respectfully suggest to Congress that some public recognition of
+ General Hancock's patriotic conduct is due, if not to him, to the friends
+ of law and justice throughout the country. Of such an act as his at such
+ a time it is but fit that the dignity should be vindicated and the virtue
+ proclaimed, so that its value as an example may not be lost to the nation.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 19, 1867</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to a resolution of that body
+ of the 16th instant, a report<a href="#note-33"><small>33</small></a> from the Secretary of State, with
+ accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 20, 1867</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I herewith transmit to Congress a report, dated the 20th instant,
+ with the accompanying papers, received from the Secretary of State in
+ compliance with the requirements of the eighteenth section of the act
+ entitled "An act to regulate the diplomatic and consular systems of
+ the United States," approved August 18, 1856.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 31, 1867</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the
+ 18th instant, requesting information concerning alleged interference
+ by Russian naval vessels with whaling vessels of the United States,
+ I transmit a report from the Secretary of State and the papers referred
+ to therein.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 6, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith transmit to the Senate a report from the Secretary of the
+ Treasury, containing the information requested in their resolution of
+ the 16th ultimo, relative to the amount of United States bonds issued to
+ the Union Pacific Railroad Company and each of its branches, including
+ the Central Pacific Railroad Company of California.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 7, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, in answer to a
+ resolution of the House of Representatives of yesterday, making inquiry
+ how many and what State legislatures have ratified the proposed
+ amendment to the Constitution of the United States known as the
+ fourteenth article.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 7, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ A Spanish steamer named <i>Nuestra Señora</i> being in the harbor of Port
+ Royal, S.C., on the 1st of December, 1861, Brigadier General T.W.
+ Sherman, who was in command of the United States forces there, received
+ information which he supposed justified him in seizing her, as she was
+ on her way from Charleston to Havana with insurgent correspondence on
+ board. The seizure was made accordingly, and during the ensuing spring
+ the vessel was sent to New York, in order that the legality of the
+ seizure might be tried.
+</p>
+<p>
+ By a decree of June 20, 1863, Judge Betts ordered the vessel to be
+ restored, and by a subsequent decree, of October 15, 1863, he referred
+ the adjustment of damages to amicable negotiations between the two
+ Governments.
+</p>
+<p>
+ While the proceeding in admiralty was pending, the vessel was appraised
+ and taken by the Navy Department at the valuation of $28,000, which sum
+ that Department paid into the Treasury.
+</p>
+<p>
+ As the amount of this valuation can not legally be drawn from the
+ Treasury without authority from Congress, I recommend an appropriation
+ for that purpose.
+</p>
+<p>
+ It is proposed to appoint a commissioner on the part of this Government
+ to adjust, informally in this case, with a similar commissioner on the
+ part of Spain, the question of damages, the commissioners to name an
+ arbiter for points upon which they may disagree. When the amount of the
+ damages shall thus have been ascertained, application will be made to
+ Congress for a further appropriation toward paying them.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 14, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of War <i>ad
+ interim</i>, with the accompanying papers, prepared in compliance with a
+ resolution of the House of Representatives of March 15, 1867, requesting
+ information in reference to contracts for ordnance projectiles and small
+ arms.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 14, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith the report made by the commissioners appointed under
+ the act of Congress approved on the 20th day of July, 1867, entitled
+ "An act to establish peace with certain hostile Indian tribes," together
+ with the accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 14, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of yesterday, calling for
+ information relating to the appointment of the American minister at
+ Pekin to a diplomatic or other mission on behalf of the Chinese
+ Government by the Emperor of China, I transmit a report from the
+ Secretary of State upon the subject, together with the accompanying
+ papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON CITY, <i>January 14, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ the following treaties, concluded at "Medicine Lodge Creek," Kansas,
+ between the Indian tribes therein named and the United States, by their
+ commissioners appointed by the act of Congress approved July 20, 1867,
+ entitled "An act to establish peace with certain hostile Indian tribes,"
+ viz:
+</p>
+<p>
+ A treaty with the Kiowa and Comanche tribes, concluded October 21, 1867.
+</p>
+<p>
+ A treaty with the Kiowa, Comanche, and Apache tribes, concluded October
+ 28, 1867.
+</p>
+<p>
+ A treaty with the Arapahoe and Cheyenne tribes, dated October 28, 1867.
+</p>
+<p>
+ A letter of this date from the Secretary of the Interior, transmitting
+ said treaties, is herewith inclosed.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 17, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ With reference to the convention between the United States and Denmark
+ for the cession of the islands of St. Thomas and St. John, in the West
+ Indies, I transmit a report from the Secretary of State on the subject
+ of the vote of St. Thomas on the question of accepting the cession.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 23, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the request of the Senate of yesterday, I return
+ herewith their resolution of the 21st instant, calling for information
+ in reference to James A. Seddon, late Secretary of War of the so-called
+ Confederate States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 23, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received the following preamble and resolution, adopted by the
+ Senate on the 8th instant:
+</p>
+<p class="q">
+ Whereas Senate bill No. 141, and entitled "An act for the further
+ security of equal rights in the District of Columbia," having at this
+ present session passed both Houses of Congress, was afterwards, on the
+ 11th day of December, 1867, duly presented to the President of the
+ United States for his approval and signature; and
+</p><p class="q">
+ Whereas more than ten days, exclusive of Sundays, have since elapsed in
+ this session without said bill having been returned, either approved or
+ disapproved: Therefore,
+</p><p class="q">
+ <i>Resolved</i>, That the President of the United States be requested to
+ inform the Senate whether said bill has been delivered to and received
+ by the Secretary of State, as provided by the second section of the act
+ of the 27th day of July, 1789.
+</p>
+<p>
+ As the act which the resolution mentions has no relevancy to the subject
+ under inquiry, it is presumed that it was the intention of the Senate to
+ refer to the law of the 15th September, 1789, the second section of
+ which prescribes&mdash;
+</p>
+<p class="q">
+ That whenever a bill, order, resolution, or vote of the Senate and
+ House of Representatives, having been approved and signed by the
+ President of the United States, or not having been returned by him with
+ his objections, shall become a law or take effect, it shall forthwith
+ thereafter be received by the said Secretary from the President; and
+ whenever a bill, order, resolution, or vote shall be returned by the
+ President with his objections, and shall, on being reconsidered, be
+ agreed to be passed, and be approved by two-thirds of both Houses of
+ Congress, and thereby become a law or take effect, it shall in such
+ case be received by the said Secretary from the President of the Senate
+ or the Speaker of the House of Representatives, in whichsoever House it
+ shall last have been so approved.
+</p>
+<p>
+ Inasmuch as the bill "for the further security of equal rights in the
+ District of Columbia" has not become a law in either of the modes
+ designated in the section above quoted, it has not been delivered to
+ the Secretary of State for record and promulgation. The Constitution
+ expressly declares that&mdash;
+</p>
+<p class="q">
+ If any bill shall not be returned by the President within ten days
+ (Sundays excepted) after it shall have been presented to him, the
+ same shall be a law in like manner as if he had signed it, unless
+ the Congress by their adjournment prevent its return, in which case
+ it shall not be a law.
+</p>
+<p>
+ As stated in the preamble to the resolution, the bill to which it refers
+ was presented for my approval on the 11th day of December, 1867. On the
+ 20th of same month, and before the expiration of the ten days after the
+ presentation of the bill to the President, the two Houses, in accordance
+ with a concurrent resolution adopted on the 3d [13th] of December,
+ adjourned until the 6th of January, 1868. Congress by their adjournment
+ thus prevented the return of the bill within the time prescribed by the
+ Constitution, and it was therefore left in the precise condition in
+ which that instrument positively declares a bill "shall not be a law."
+</p>
+<p>
+ If the adjournment in December did not cause the failure of this bill,
+ because not such an adjournment as is contemplated by the Constitution
+ in the clause which I have cited, it must follow that such was the
+ nature of the adjournments during the past year, on the 30th day of
+ March until the first Wednesday of July and from the 20th of July until
+ the 21st of November. Other bills will therefore be affected by the
+ decision which may be rendered in this case, among them one having the
+ same title as that named in the resolution, and containing similar
+ provisions, which, passed by both Houses in the month of July last,
+ failed to become a law by reason of the adjournment of Congress before
+ ten days for its consideration had been allowed the Executive.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 27, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the
+ 22d instant, calling for a copy of the report of Abram S. Hewitt,
+ commissioner of the United States to the Paris Universal Exhibition of
+ 1867, I transmit a report from the Secretary of State and the papers
+ which accompany it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 27, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State and the documents to
+ which it refers, in relation to the formal transfer of territory from
+ Russia to the United States in accordance with the treaty of the 30th
+ of March last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 28, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to its
+ ratification, an additional article to the treaty of navigation and
+ commerce with Russia of the 18th of December, 1832, which additional
+ article was concluded and signed between the plenipotentiaries of the
+ two Governments at Washington on the 27th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 3, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a report from the Secretary of State, suggesting
+ the necessity for a further appropriation toward defraying the expense
+ of employing copying clerks, with a view to enable his Department
+ seasonably to answer certain calls for information.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 3, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 27th
+ ultimo, directing the Secretary of State to furnish information in
+ regard to the trial of John H. Surratt, I transmit a report from the
+ Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 3, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report<a href="#note-34"><small>34</small></a> from the Secretary of State, in answer
+ to a resolution of the House of Representatives of the 28th of January.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of the Navy,
+ relative to depredations upon and the future care of the reservations
+ of lands for the "purpose of supplying timber for the Navy of the
+ United States."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the 1st
+ instant, I transmit herewith a report from the Postmaster-General, in
+ reference to the appointment of a special agent to take charge of the
+ post-office at Penn Yan, in the State of New York.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, with the accompanying
+ papers, on the subject of a transfer of the Peninsula and Bay of Samana
+ to the United States. The advice and consent of the Senate to the
+ transfer, upon the terms proposed in the draft of a convention with the
+ Dominican Republic, are requested.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I submit to the Senate, for its consideration with a view to
+ ratification, the accompanying consular convention between the
+ United States and the Government of His Majesty the King of Italy.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Attorney-General, prepared
+ in compliance with the resolution of the Senate of the 30th ultimo,
+ requesting information as to the number of justices of the peace now
+ in commission in each ward, respectively, of the city of Washington.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 10, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 25th
+ of November, 1867, calling for information in relation to the trial and
+ conviction of American citizens in Great Britain and Ireland for the
+ two years last past, I transmit a partial report from the Secretary of
+ State, which is accompanied by a portion of the papers called for by
+ the resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 11, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution adopted yesterday by the House of
+ Representatives, requesting any further correspondence the President
+ "may have had with General U.S. Grant, in addition to that heretofore
+ submitted, on the subject of the recent vacation by the latter of the
+ War Office," I transmit herewith a copy of a communication addressed
+ to General Grant on the 10th instant, together with a copy of the
+ accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 10, 1868</i>.
+</p>
+<p>
+ General U.S. GRANT,
+<br>
+ <i>Commanding Armies of the United States, Washington, D.C.</i>
+</p>
+<p>
+ GENERAL: The extraordinary character of your letter of the 3d instant<a href="#note-35"><small>35</small></a>
+ would seem to preclude any reply on my part; but the manner in which
+ publicity has been given to the correspondence of which that letter
+ forms a part and the grave questions which are involved induce me to
+ take this mode of giving, as a proper sequel to the communications which
+ have passed between us, the statements of the five members of the
+ Cabinet who were present on the occasion of our conversation on the 14th
+ ultimo. Copies of the letters which they have addressed to me upon the
+ subject are accordingly herewith inclosed.
+</p>
+<p>
+ You speak of my letter of the 31st ultimo<a href="#note-36"><small>36</small></a> as a reiteration of the
+ "many and gross misrepresentations" contained in certain newspaper
+ articles, and reassert the correctness of the statements contained in
+ your communication of the 28th ultimo,<a href="#note-37"><small>37</small></a> adding&mdash;and here I give your
+ own words&mdash;"anything in yours in reply to it to the contrary
+ notwithstanding."
+</p>
+<p>
+ When a controversy upon matters of fact reaches the point to which this
+ has been brought, further assertion or denial between the immediate
+ parties should cease, especially where upon either side it loses
+ the character of the respectful discussion which is required by the
+ relations in which the parties stand to each other and degenerates in
+ tone and temper. In such a case, if there is nothing to rely upon but
+ the opposing statements, conclusions must be drawn from those statements
+ alone and from whatever intrinsic probabilities they afford in favor of
+ or against either of the parties. I should not shrink from this test in
+ this controversy; but, fortunately, it is not left to this test alone.
+ There were five Cabinet officers present at the conversation the detail
+ of which in my letter of the 28th [31st[37]] ultimo you allow yourself
+ to say contains "many and gross misrepresentations." These gentlemen
+ heard that conversation and have read my statement. They speak for
+ themselves, and I leave the proof without a word of comment.
+</p>
+<p>
+ I deem it proper before concluding this communication to notice some of
+ the statements contained in your letter.
+</p>
+<p>
+ You say that a performance of the promises alleged to have been made by
+ you to the President "would have involved a resistance to law and an
+ inconsistency with the whole history of my connection with the
+ suspension of Mr. Stanton." You then state that you had fears the
+ President would, on the removal of Mr. Stanton, appoint someone in his
+ place who would embarrass the Army in carrying out the reconstruction
+ acts, and add:
+</p>
+<p>
+ "It was to prevent such an appointment that I accepted the office of
+ Secretary of War <i>ad interim</i>, and not for the purpose of enabling you
+ to get rid of Mr. Stanton by withholding it from him in opposition to
+ law, or, not doing so myself, surrendering it to one who would, as the
+ statements and assumptions in your communication plainly indicate was
+ sought."
+</p>
+<p>
+ First of all, you here admit that from the very beginning of what
+ you term "the whole history" of your connection with Mr. Stanton's
+ suspension you intended to circumvent the President. It was to carry out
+ that intent that you accepted the appointment. This was in your mind at
+ the time of your acceptance. It was not, then, in obedience to the order
+ of your superior, as has heretofore been supposed, that you assumed the
+ duties of the office. You knew it was the President's purpose to prevent
+ Mr. Stanton from resuming the office of Secretary of War, and you
+ intended to defeat that purpose. You accepted the office, not in the
+ interest of the President but of Mr. Stanton. If this purpose, so
+ entertained by you, had been confined to yourself; if when accepting
+ the office you had done so with a mental reservation to frustrate the
+ President, it would have been a tacit deception. In the ethics of some
+ persons such a course is allowable. But you can not stand even upon
+ that questionable ground. The "history" of your connection with this
+ transaction, as written by yourself, places you in a different
+ predicament, and shows that you not only concealed your design from
+ the President, but induced him to suppose that you would carry out his
+ purpose to keep Mr. Stanton out of office by retaining it yourself after
+ an attempted restoration by the Senate, so as to require Mr. Stanton to
+ establish his right by judicial decision.
+</p>
+<p>
+ I now give that part of this "history" as written by yourself in your
+ letter of the 28th ultimo:<a href="#note-38"><small>38</small></a>
+</p>
+<p>
+ "Some time after I assumed the duties of Secretary of War <i>ad interim</i>
+ the President asked me my views as to the course Mr. Stanton would have
+ to pursue, in case the Senate should not concur in his suspension, to
+ obtain possession of his office. My reply was, in substance, that
+ Mr. Stanton would have to appeal to the courts to reinstate him,
+ illustrating my position by citing the ground I had taken in the case
+ of the Baltimore police commissioners."
+</p>
+<p>
+ Now, at that time, as you admit in your letter of the 3d instant,<a href="#note-39"><small>39</small></a>
+ you held the office for the very object of defeating an appeal to the
+ courts. In that letter you say that in accepting the office one motive
+ was to prevent the President from appointing some other person who would
+ retain possession, and thus make judicial proceedings necessary. You
+ knew the President was unwilling to trust the office with anyone who
+ would not by holding it compel Mr. Stanton to resort to the courts.
+ You perfectly understood that in this interview, "some time" after
+ you accepted the office, the President, not content with your silence,
+ desired an expression of your views, and you answered him that Mr.
+ Stanton "would have to appeal to the courts." If the President reposed
+ confidence <i>before</i> he knew your views, and that confidence had been
+ violated, it might have been said he made a mistake; but a violation of
+ confidence reposed <i>after</i> that conversation was no mistake of his nor
+ of yours. It is the fact only that needs be stated, that at the date of
+ this conversation you did not intend to hold the office with the purpose
+ of forcing Mr. Stanton into court, but did hold it then and had accepted
+ it to prevent that course from being carried out. In other words, you
+ said to the President, "That is the proper course," and you said to
+ yourself, "I have accepted this office, and now hold it to defeat that
+ course." The excuse you make in a subsequent paragraph of that letter
+ of the 28th ultimo,<a href="#note-38"><small>38</small></a> that afterwards you changed your views as to
+ what would be a proper course, has nothing to do with the point now
+ under consideration. The point is that <i>before</i> you changed your views
+ you had secretly determined to do the very thing which at last you
+ did&mdash;surrender the office to Mr. Stanton. You may have changed your
+ views as to the law, but you certainly did not change your views as
+ to the course you had marked out for yourself from the beginning.
+</p>
+<p>
+ I will only notice one more statement in your letter of the 3d
+ instant<a href="#note-39"><small>39</small></a>&mdash;that the performance of the promises which it is alleged
+ were made by you would have involved you in the resistance of law. I
+ know of no statute that would have been violated had you, carrying out
+ your promises in good faith, tendered your resignation when you
+ concluded not to be made a party in any legal proceedings. You add:
+</p>
+<p>
+ "I am in a measure confirmed in this conclusion by your recent orders
+ directing me to disobey orders from the Secretary of War, <i>my superior</i>
+ and your subordinate, without having countermanded his authority to
+ issue the orders I am to disobey."
+</p>
+<p>
+ On the 24th<a href="#note-39"><small>39</small></a> ultimo you addressed a note to the President requesting
+ in writing an order given to you verbally five days before to disregard
+ orders from Mr. Stanton as Secretary of War until you "knew from the
+ President himself that they were his orders."
+</p>
+<p>
+ On the 29th,<a href="#note-40"><small>40</small></a> in compliance with your request, I did give you
+ instructions in writing "not to obey any order from the War Department
+ assumed to be issued by the direction of the President unless such order
+ is known by the General Commanding the armies of the United States to
+ have been authorized by the Executive."
+</p>
+<p>
+ There are some orders which a Secretary of War may issue without the
+ authority of the President; there are others which he issues simply as
+ the agent of the President, and which purport to be "by direction" of
+ the President. For such orders the President is responsible, and he
+ should therefore know and understand what they are before giving such
+ "direction." Mr. Stanton states in his letter of the 4th instant,<a href="#note-41"><small>41</small></a>
+ which accompanies the published correspondence, that he "has had no
+ correspondence with the President since the 12th of August last;" and
+ he further says that since he resumed the duties of the office he has
+ continued to discharge them "without any personal or written
+ communication with the President;" and he adds, "No orders have been
+ issued from this Department in the name of the President with my
+ knowledge, and I have received no orders from him."
+</p>
+<p>
+ It thus seems that Mr. Stanton now discharges the duties of the War
+ Department without any reference to the President and without using his
+ name.
+</p>
+<p>
+ My order to you had only reference to orders "assumed to be issued by
+ the direction of the President." It would appear from Mr. Stanton's
+ letter that you have received no such orders from him. However, in your
+ note to the President of the 30th ultimo,<a href="#note-42"><small>42</small></a> in which you acknowledge
+ the receipt of the written order of the 29th,<a href="#note-43"><small>43</small></a> you say that you have
+ been informed by Mr. Stanton that he has not received any order limiting
+ his authority to issue orders to the Army, according to the practice
+ of the Department, and state that "while this authority to the War
+ Department is not countermanded it will be satisfactory evidence to
+ me that any orders issued from the War Department by direction of the
+ President are authorized by the Executive."
+</p>
+<p>
+ The President issues an order to you to obey no order from the War
+ Department purporting to be made "by the direction of the President"
+ until you have referred it to him for his approval. You reply that you
+ have received the President's order and will not obey it, but will obey
+ an order purporting to be given by his direction <i>if it comes from the
+ War Department</i>. You will not obey the direct order of the President,
+ but will obey his indirect order. If, as you say, there has been a
+ practice in the War Department to issue orders in the name of the
+ President without his direction, does not the precise order you have
+ requested and have received change the practice as to the General of
+ the Army? Could not the President countermand any such order issued to
+ you from the War Department? If you should receive an order from that
+ Department, issued in the name of the President, to do a special act,
+ and an order directly from the President himself not to do the act, is
+ there a doubt which you are to obey? You answer the question when you
+ say to the President, in your letter of the 3d instant,<a href="#note-44"><small>44</small></a> the Secretary
+ of War is "my superior and your subordinate," and yet you refuse
+ obedience to the superior out of a deference to the subordinate.
+</p>
+<p>
+ Without further comment upon the insubordinate attitude which you
+ have assumed, I am at a loss to know how you can relieve yourself
+ from obedience to the orders of the President, who is made by the
+ Constitution the Commander in Chief of the Army and Navy, and is
+ therefore the official superior as well of the General of the Army
+ as of the Secretary of War.
+</p>
+<p>
+ Respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [Letter addressed to each of the members of the Cabinet present at the
+ conversation between the President and General Grant on the 14th of
+ January, 1868, and answers thereto.]
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>Washington, D.C., February 5, 1868</i>.
+</p>
+<p>
+ SIR: The Chronicle of this morning contains a correspondence between the
+ President and General Grant reported from the War Department in answer
+ to a resolution of the House of Representatives.
+</p>
+<p>
+ I beg to call your attention to that correspondence, and especially to
+ that part of it which refers to the conversation between the President
+ and General Grant at the Cabinet meeting on Tuesday, the 14th of
+ January, and to request you to state what was said in that conversation.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 5, 1868</i>.
+</p>
+<p>
+ The PRESIDENT.
+</p>
+<p>
+ SIR: Your note of this date was handed to me this evening. My
+ recollection of the conversation at the Cabinet meeting on Tuesday, the
+ 14th of January, corresponds with your statement of it in the letter of
+ the 31st ultimo<a href="#note-45"><small>45</small></a> in the published correspondence.
+</p>
+<p>
+ The three points specified in that letter, giving your recollection of
+ the conversation, are correctly stated.
+</p>
+<p>
+ Very respectfully,
+</p>
+<p class="r">
+ GIDEON WELLES.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ TREASURY DEPARTMENT, <i>February 6, 1868</i>.
+</p>
+<p>
+ The PRESIDENT.
+</p>
+<p>
+ SIR: I have received your note of the 5th instant, calling my attention
+ to the correspondence between yourself and General Grant as published in
+ the Chronicle of yesterday, especially to that part of it which relates
+ to what occurred at the Cabinet meeting on Tuesday, the 14th ultimo, and
+ requesting me to state what was said in the conversation referred to.
+</p>
+<p>
+ I can not undertake to state the precise language used, but I have no
+ hesitation in saying that your account of that conversation as given in
+ your letter to General Grant under date of the 31st ultimo<a href="#note-45"><small>45</small></a>
+ substantially and in all important particulars accords with my
+ recollection of it.
+</p>
+<p>
+ With great respect, your obedient servant,
+</p>
+<p class="r">
+ HUGH McCULLOCH.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ POST-OFFICE DEPARTMENT,
+<br>
+ <i>Washington, February 6, 1868</i>.
+</p>
+<p>
+ The PRESIDENT.
+</p>
+<p>
+ SIR: I am in receipt of your letter of the 5th of February, calling my
+ attention to the correspondence published in the Chronicle between the
+ President and General Grant, and especially to that part of it which
+ refers to the conversation between the President and General Grant at
+ the Cabinet meeting on Tuesday, the 14th of January, with a request that
+ I state what was said in that conversation.
+</p>
+<p>
+ In reply I have the honor to state that I have read carefully the
+ correspondence in question, and particularly the letter of the President
+ to General Grant dated January 31, 1868.<a href="#note-45"><small>45</small></a> The following extract from
+ your letter of the 31st January to General Grant is, according to my
+ recollection, a correct statement of the conversation that took place
+ between the President and General Grant at the Cabinet meeting on the
+ 14th of January last. In the presence of the Cabinet the President
+ asked General Grant whether, "in conversation which took place after his
+ appointment as Secretary of War <i>ad interim</i>, he did not agree either
+ to remain at the head of the War Department and abide any judicial
+ proceedings that might follow the nonconcurrence by the Senate in Mr.
+ Stanton's suspension, or, should he wish not to become involved in such
+ a controversy, to put the President in the same position with respect to
+ the office as he occupied previous to General Grant's appointment, by
+ returning it to the President in time to anticipate such action by the
+ Senate." This General Grant admitted.
+</p>
+<p>
+ The President then asked General Grant if at the conference on the
+ preceding Saturday he had not, to avoid misunderstanding, requested
+ General Grant to state what he intended to do, and, further, if in reply
+ to that inquiry he (General Grant) had not referred to their former
+ conversations, saying that from them the President understood his
+ position, and that his (General Grant's) action would be consistent with
+ the understanding which had been reached.
+</p>
+<p>
+ To these questions General Grant replied in the affirmative.
+</p>
+<p>
+ The President asked General Grant if at the conclusion of their
+ interview on Saturday it was not understood that they were to have
+ another conference on Monday before final action by the Senate in the
+ case of Mr. Stanton.
+</p>
+<p>
+ General Grant replied that such was the understanding, but that he did
+ not suppose the Senate would act so soon; that on Monday he had been
+ engaged in a conference with General Sherman, and was occupied with
+ "many little matters," and asked if General Sherman had not called on
+ that day.
+</p>
+<p>
+ I take this mode of complying with the request contained in the
+ President's letter to me, because my attention had been called to the
+ subject before, when the conversation between the President and General
+ Grant was under consideration.
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ ALEX W. RANDALL,
+<br>
+ <i>Postmaster-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ DEPARTMENT OF THE INTERIOR,
+<br>
+ <i>Washington, D.C., February 6, 1868</i>.
+</p>
+<p>
+ The PRESIDENT.
+</p>
+<p>
+ SIR: I am in receipt of yours of yesterday, calling my attention to
+ a correspondance between yourself and General Grant published in the
+ Chronicle newspaper, and especially to that part of said correspondence
+ "which refers to the conversation between the President and General
+ Grant at the Cabinet meeting on Tuesday, the 14th of January," and
+ requesting me "to state what was said in that conversation."
+</p>
+<p>
+ In reply I submit the following statement: At the Cabinet meeting on
+ Tuesday, the 14th of January, 1868, General Grant appeared and took his
+ accustomed seat at the board. When he had been reached in the order of
+ business, the President asked him, as usual, if he had anything to
+ present.
+</p>
+<p>
+ In reply the General, after referring to a note which he had that
+ morning addressed to the President, inclosing a copy of the resolution
+ of the Senate refusing to concur in the reasons for the suspension of
+ Mr. Stanton, proceeded to say that he regarded his duties as Secretary
+ of War <i>ad interim</i> terminated by that resolution, and that he could not
+ lawfully exercise such duties for a moment after the adoption of the
+ resolution by the Senate; that the resolution reached him last night,
+ and that this morning he had gone to the War Department, entered the
+ Secretary's room, bolted one door on the inside, locked the other on the
+ outside, delivered the key to the Adjutant-General, and proceeded to the
+ Headquarters of the Army and addressed the note above mentioned to the
+ President, informing him that he (General Grant) was no longer Secretary
+ of War <i>ad interim</i>.
+</p>
+<p>
+ The President expressed great surprise at the course which General
+ Grant had thought proper to pursue, and, addressing himself to the
+ General, proceeded to say, in substance, that he had anticipated such
+ action on the part of the Senate, and, being very desirous to have the
+ constitutionality of the tenure-of-office bill tested and his right
+ to suspend or remove a member of the Cabinet decided by the judicial
+ tribunals of the country, he had some time ago, and shortly after
+ General Grant's appointment as Secretary of War <i>ad interim</i>, asked the
+ General what his action would be in the event that the Senate should
+ refuse to concur in the suspension of Mr. Stanton, and that the General
+ had then agreed either to remain at the head of the War Department till
+ a decision could be obtained from the court or resign the office into
+ the hands of the President before the case was acted upon by the Senate,
+ so as to place the President in the same situation he occupied at the
+ time of his (Grant's) appointment.
+</p>
+<p>
+ The President further said that the conversation was renewed on the
+ preceding Saturday, at which time he asked the General what he intended
+ to do if the Senate should undertake to reinstate Mr. Stanton, in reply
+ to which the General referred to their former conversation upon the same
+ subject and said: "You understand my position, and my conduct will be
+ conformable to that understanding;" that he (the General) then expressed
+ a repugnance to being made a party to a judicial proceeding, saying that
+ he would expose himself to fine and imprisonment by doing so, as his
+ continuing to discharge the duties of Secretary of War <i>ad interim</i>
+ after the Senate should have refused to concur in the suspension of Mr.
+ Stanton would be a violation of the tenure-of-office bill; that in reply
+ to this he (the President) informed General Grant he had not suspended
+ Mr. Stanton under the tenure-of-office bill, but by virtue of the powers
+ conferred on him by the Constitution; and that, as to the fine and
+ imprisonment, he (the President) would pay whatever fine was imposed
+ and submit to whatever imprisonment might be adjudged against him (the
+ General); that they continued the conversation for some time, discussing
+ the law at length, and that they finally separated without having
+ reached a definite conclusion, and with the understanding that the
+ General would see the President again on Monday.
+</p>
+<p>
+ In reply General Grant admitted that the conversations had occurred, and
+ said that at the first conversation he had given it as his opinion to
+ the President that in the event of nonconcurrence by the Senate in the
+ action of the President in respect to the Secretary of War the question
+ would have to be decided by the court&mdash;that Mr. Stanton would have to
+ appeal to the court to reinstate him in office; that the <i>ins</i> would
+ remain in till they could be displaced and the <i>outs</i> put in by legal
+ proceedings; and that he <i>then</i> thought so, and had agreed that if he
+ should change his mind he would notify the President in time to enable
+ him to make another appointment, but that at the time of the first
+ conversation he had not looked very closely into the law; that it had
+ recently been discussed by the newspapers, and that this had induced him
+ to examine it more carefully, and that he had come to the conclusion
+ that if the Senate should refuse to concur in the suspension Mr. Stanton
+ would thereby be reinstated, and that he (Grant) could not continue
+ thereafter to act as Secretary of War <i>ad interim</i> without subjecting
+ himself to fine and imprisonment, and that he came over on Saturday to
+ inform the President of this change in his views, and did so inform him;
+ that the President replied that he had not suspended Mr. Stanton under
+ the tenure-of-office bill, but under the Constitution, and had appointed
+ him (Grant) by virtue of the authority derived from the Constitution,
+ etc.; that they continued to discuss the matter some time, and finally
+ he left, without any conclusion having been reached, expecting to see
+ the President again on Monday.
+</p>
+<p>
+ He then proceeded to explain why he had not called on the President on
+ Monday, saying that he had had a long interview with General Sherman,
+ that various little matters had occupied his time till it was late, and
+ that he did not think the Senate would act so soon, and asked: "Did not
+ General Sherman call on you on Monday?"
+</p>
+<p>
+ I do not know what passed between the President and General Grant on
+ Saturday, except as I learned it from the conversation between them at
+ the Cabinet meeting on Tuesday, and the foregoing is substantially what
+ then occurred. The precise words used on the occasion are not, of
+ course, given exactly in the order in which they were spoken, but the
+ ideas expressed and the facts stated are faithfully preserved and
+ presented.
+</p>
+<p>
+ I have the honor to be, sir, with great respect, your obedient servant,
+</p>
+<p class="r">
+ O.H. BROWNING.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ DEPARTMENT OF STATE,<br>
+ <i>Washington, February 6, 1868</i>.
+</p>
+<p>
+ The PRESIDENT.
+</p>
+<p>
+ SIR: The meeting to which you refer in your letter was a regular Cabinet
+ meeting. While the members were assembling, and before the President had
+ entered the council chamber, General Grant on coming in said to me that
+ he was in attendance there, not as a member of the Cabinet, but upon
+ invitation, and I replied by the inquiry whether there was a change in
+ the War Department. After the President had taken his seat, business
+ went on in the usual way of hearing matters submitted by the several
+ Secretaries. When the time came for the Secretary of War, General Grant
+ said that he was now there, not as Secretary of War, but upon the
+ President's invitation; that he had retired from the War Department. A
+ slight difference then appeared about the supposed invitation, General
+ Grant saying that the officer who had borne his letter to the President
+ that morning announcing his retirement from the War Department had told
+ him that the President desired to see him at the Cabinet, to which the
+ President answered that when General Grant's communication was delivered
+ to him the President simply replied that he supposed General Grant would
+ be very soon at the Cabinet meeting. I regarded the conversation thus
+ begun as an incidental one. It went on quite informally, and consisted
+ of a statement on your part of your views in regard to the understanding
+ of the tenure upon which General Grant had assented to hold the War
+ Department <i>ad interim</i> and of his replies by way of answer and
+ explanation. It was respectful and courteous on both sides. Being in
+ this conversational form, its details could only have been preserved by
+ verbatim report. So far as I know, no such report was made at the time.
+ I can give only the general effect of the conversation. Certainly you
+ stated that, although you had reported the reasons for Mr. Stanton's
+ suspension to the Senate, you nevertheless held that he would not be
+ entitled to resume the office of Secretary of War even if the Senate
+ should disapprove of his suspension, and that you had proposed to have
+ the question tested by judicial process, to be applied to the person who
+ should be the incumbent of the Department under your designation of
+ Secretary of War <i>ad interim</i> in the place of Mr. Stanton. You contended
+ that this was well understood between yourself and General Grant;
+ that when he entered the War Department as Secretary <i>ad interim</i> he
+ expressed his concurrence in a belief that the question of Mr. Stanton's
+ restoration would be a question for the courts; that in a subsequent
+ conversation with General Grant you had adverted to the understanding
+ thus had, and that General Grant expressed his concurrence in it; that
+ at some conversation which had been previously held General Grant said
+ he still adhered to the same construction of the law, but said if he
+ should change his opinion he would give you seasonable notice of it,
+ so that you should in any case be placed in the same position in
+ regard to the War Department that you were while General Grant held
+ it <i>ad interim</i>. I did not understand General Grant as denying nor as
+ explicitly admitting these statements in the form and full extent to
+ which you made them. His admission of them was rather indirect and
+ circumstantial, though I did not understand it to be an evasive one.
+ He said that, reasoning from what occurred in the case of the police in
+ Maryland, which he regarded as a parallel one, he was of opinion, and so
+ assured you, that it would be his right and duty under your instructions
+ to hold the War Office after the Senate should disapprove of Mr.
+ Stanton's suspension until the question should be decided upon by the
+ courts; that he remained until very recently of that opinion, and that
+ on the Saturday before the Cabinet meeting a conversation was held
+ between yourself and him in which the subject was generally discussed.
+</p>
+<p>
+ General Grant's statement was that in that conversation he had stated
+ to you the legal difficulties which might arise, involving fine and
+ imprisonment, under the civil-tenure bill, and that he did not care to
+ subject himself to those penalties; that you replied to this remark that
+ you regarded the civil-tenure bill as unconstitutional and did not think
+ its penalties were to be feared, or that you would voluntarily assume
+ them; and you insisted that General Grant should either retain the
+ office until relieved by yourself, according to what you claimed was
+ the original understanding between yourself and him, or, by seasonable
+ notice of change of purpose on his part, put you in the same situation
+ which you would be if he adhered. You claimed that General Grant finally
+ said in that Saturday's conversation that you understood his views, and
+ his proceedings thereafter would be consistent with what had been so
+ understood. General Grant did not controvert, nor can I say that he
+ admitted, this last statement. Certainly General Grant did not at
+ any time in the Cabinet meeting insist that he had in the Saturday's
+ conversation, either distinctly or finally, advised you of his
+ determination to retire from the charge of the War Department otherwise
+ than under your own subsequent direction. He acquiesced in your
+ statement that the Saturday's conversation ended with an expectation
+ that there would be a subsequent conference on the subject, which he,
+ as well as yourself, supposed could seasonably take place on Monday.
+ You then alluded to the fact that General Grant did not call upon you
+ on Monday, as you had expected from that conversation. General Grant
+ admitted that it was his expectation or purpose to call upon you on
+ Monday. General Grant assigned reasons for the omission. He said he was
+ in conference with General Sherman; that there were many little matters
+ to be attended to; he had conversed upon the matter of the incumbency of
+ the War Department with General Sherman, and he expected that General
+ Sherman would call upon you on Monday. My own mind suggested a further
+ explanation, but I do not remember whether it was mentioned or not,
+ namely, that it was not supposed by General Grant on Monday that the
+ Senate would decide the question so promptly as to anticipate further
+ explanation between yourself and him if delayed beyond that day. General
+ Grant made another explanation&mdash;that he was engaged on Sunday with
+ General Sherman, and I think, also, on Monday, in regard to the War
+ Department matter, with a hope, though he did not say in an effort,
+ to procure an amicable settlement of the affair of Mr. Stanton, and
+ he still hoped that it would be brought about.
+</p>
+<p>
+ I have the honor to be, with great respect, your obedient servant,
+</p>
+<p class="r">
+ WILLIAM H. SEWARD.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 11, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The accompanying letter from General Grant, received since the
+ transmission to the House of Representatives of my communication of this
+ date, is submitted to the House as a part of the correspondence referred
+ to in the resolution of the 10th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES.
+<br>
+ <i>Washington, D.C., February 11, 1868</i>.
+</p>
+<p>
+ His Excellency A. JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ SIR: I have the honor to acknowledge the receipt of your communication
+ of the 10th instant,<a href="#note-46"><small>46</small></a> accompanied by statements of five Cabinet
+ ministers of their recollection of what occurred in Cabinet meeting on
+ the 14th of January. Without admitting anything in these statements
+ where they differ from anything heretofore stated by me, I propose to
+ notice only that portion of your communication wherein I am charged with
+ insubordination. I think it will be plain to the reader of my letter of
+ the 30th of January<a href="#note-47"><small>47</small></a> that I did not propose to disobey any legal
+ order of the President distinctly given, but only gave an interpretation
+ of what would be regarded as satisfactory evidence of the President's
+ sanction to orders communicated by the Secretary of War. I will say here
+ that your letter of the 10th instant<a href="#note-48"><small>48</small></a> contains the first intimation
+ I have had that you did not accept that interpretation.
+</p>
+<p>
+ Now for reasons for giving that interpretation. It was clear to me
+ before my letter of January 30<a href="#note-47"><small>47</small></a> was written that I, the person having
+ more public business to transact with the Secretary of War than any
+ other of the President's subordinates, was the only one who had been
+ instructed to disregard the authority of Mr. Stanton where his authority
+ was derived as agent of the President.
+</p>
+<p>
+ On the 27th of January I received a letter from the Secretary of War
+ (copy herewith) directing me to furnish escort to public treasure from
+ the Rio Grande to New Orleans, etc., at the request of the Secretary
+ of the Treasury to him. I also send two other inclosures, showing
+ recognition of Mr. Stanton as Secretary of War by both the Secretary
+ of the Treasury and the Postmaster-General, in all of which cases the
+ Secretary of War had to call upon me to make the orders requested or
+ give the information desired, and where his authority to do so is
+ derived, in my view, as agent of the President.
+</p>
+<p>
+ With an order so clearly ambiguous as that of the President here
+ referred to, it was my duty to inform the President of my interpretation
+ of it and to abide by that interpretation until I received other orders.
+</p>
+<p>
+ Disclaiming any intention, now or heretofore, of disobeying any legal
+ order of the President distinctly communicated,
+</p>
+<p>
+ I remain, very respectfully, your obedient servant,
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington City, January 27, 1868</i>.
+</p>
+<p>
+ General U.S. GRANT,
+<br>
+ <i>Commanding Army United States</i>.
+</p>
+<p>
+ GENERAL: The Secretary of the Treasury has requested this Department
+ to afford A.F. Randall, special agent of the Treasury Department, such
+ military aid as may be necessary to secure and forward for deposit
+ from Brownsville, Tex., to New Orleans public moneys in possession of
+ custom-house officers at Brownsville, and which are deemed insecure
+ at that place.
+</p>
+<p>
+ You will please give such directions as you may deem proper to the
+ officer commanding at Brownsville to carry into effect the request of
+ the Treasury Department, the instructions to be sent by telegraph to
+ Galveston, to the care of A.F. Randall, special agent, who is at
+ Galveston waiting telegraphic orders, there being no telegraphic
+ communication with Brownsville, and the necessity for military
+ protection to the public moneys represented as urgent.
+</p>
+<p>
+ Please favor me with a copy of such instructions as you may give, in
+ order that they may be communicated to the Secretary of the Treasury.
+</p>
+<p>
+ Yours, truly,
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ POST-OFFICE DEPARTMENT, CONTRACT OFFICE,
+<br>
+ <i>Washington, February 3, 1868</i>.
+</p>
+<p>
+ The Honorable the SECRETARY OF WAR.
+</p>
+<p>
+ SIR: It has been represented to this Department that in October last a
+ military commission was appointed to settle upon some general plan of
+ defense for the Texas frontiers, and that the said commission has made
+ a report recommending a line of posts from the Rio Grande to the Red
+ River.
+</p>
+<p>
+ An application is now pending in this Department for a change in the
+ course of the San Antonio and El Paso mail, so as to send it by way
+ of Forts Mason, Griffin, and Stockton instead of Camps Hudson and
+ Lancaster. This application requires immediate decision, but before
+ final action can be had thereon it is desired to have some official
+ information as to the report of the commission above referred to.
+</p>
+<p>
+ Accordingly, I have the honor to request that you will cause this
+ Department to be furnished as early as possible with the information
+ desired in the premises, and also with a copy of the report, if any has
+ been made by the commission.
+</p>
+<p>
+ Very respectfully, etc.,
+</p>
+<p class="r">
+ GEO. W. McCLELLAN,
+<br>
+ <i>Second Assistant Postmaster-General</i>.
+</p>
+<p class="r">
+ FEBRUARY 3, 1868.
+</p>
+<p>
+ Referred to the General of the Army for report.
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ TREASURY DEPARTMENT, <i>January 29, 1868</i>.
+</p>
+<p>
+ The Honorable SECRETARY OF WAR.
+</p>
+<p>
+ SIR: It is represented to this Department that a band of robbers has
+ obtained such a foothold in the section of country between Humboldt and
+ Lawrence, Kans., committing depredations upon travelers, both by public
+ and private conveyance, that the safety of the public money collected by
+ the receiver of the land office at Humboldt requires that it should be
+ guarded during its transit from Humboldt to Lawrence. I have therefore
+ the honor to request that the proper commanding officer of the district
+ may be instructed by the War Department, if in the opinion of the
+ honorable Secretary of War it can be done without prejudice to the
+ public interests, to furnish a sufficient military guard to protect such
+ moneys as may be <i>in transitu</i> from the above office for the purpose of
+ being deposited to the credit of the Treasurer of the United States. As
+ far as we are now advised, such service will not be necessary oftener
+ than once a month. Will you please advise me of the action taken, that
+ I may instruct the receiver and the Commissioner of the General Land
+ Office in the matter?
+</p>
+<p>
+ Very respectfully, your obedient servant,
+</p>
+<p class="r">
+ H. McCULLOCH,
+<br>
+ <i>Secretary of the Treasury</i>.
+</p>
+<p>
+ Respectfully referred to the General of the Army to give the necessary
+ orders in this case and to furnish this Department a copy for the
+ information of the Secretary of the Treasury.
+</p>
+<p>
+ By order of the Secretary of War:
+</p>
+<p class="r">
+ ED. SCHRIVER,
+<br>
+ <i>Inspector-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [The following are inserted because they have direct bearing on the two
+ messages from the President of February 11, 1868, and their inclosures.]
+</center>
+<p class="r">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington City, February 4, 1868</i>.
+</p>
+<p>
+ Hon. SCHUYLER COLFAX,
+<br>
+ <i>Speaker of the House of Representatives</i>.
+</p>
+<p>
+ SIR: In answer to the resolution of the House of Representatives of the
+ 3d instant, I transmit herewith copies furnished me by General Grant of
+ correspondence between him and the President relating to the Secretary
+ of War, and which he reports to be all the correspondence he has had
+ with the President on the subject.
+</p>
+<p>
+ I have had no correspondence with the President since the 12th of August
+ last. After the action of the Senate on his alleged reason for my
+ suspension from the office of Secretary of War, I resumed the duties of
+ that office, as required by the act of Congress, and have continued to
+ discharge them without any personal or written communication with the
+ President. No orders have been issued from this Department in the name
+ of the President with my knowledge, and I have received no orders from
+ him.
+</p>
+<p>
+ The correspondence sent herewith embraces all the correspondence known
+ to me on the subject referred to in the resolution of the House of
+ Representatives.
+</p>
+<p>
+ I have the honor to be, sir, with great respect, your obedient servant,
+</p>
+<p class="r">
+ EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ <i>General Grant to the President</i>.
+</center>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES,
+<br>
+ <i>Washington, January 24, 1868</i>.
+</p>
+<p>
+ His Excellency A. JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ SIR: I have the honor very respectfully to request to have in writing
+ the order which the President gave me verbally on Sunday, the 19th
+ instant, to disregard the orders of the Hon. E.M. Stanton as Secretary
+ of War until I knew from the President himself that they were his
+ orders.
+</p>
+<p>
+ I have the honor to be, very respectfully, your obedient servant,
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ <i>General Grant to the President</i>.
+</center>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES,
+<br>
+ <i>Washington, D.C., January 28, 1868</i>.
+</p>
+<p>
+ His Excellency A. JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ SIR: On the 24th instant I requested you to give me in writing the
+ instructions which you had previously given me verbally not to obey any
+ order from Hon. E.M. Stanton, Secretary of War, unless I knew that it
+ came from yourself. To this written request I received a message that
+ has left doubt in my mind of your intentions. To prevent any possible
+ misunderstanding, therefore, I renew the request that you will give me
+ written instructions, and till they are received will suspend action on
+ your verbal ones.
+</p>
+<p>
+ I am compelled to ask these instructions in writing in consequence
+ of the many and gross misrepresentations affecting my personal honor
+ circulated through the press for the last fortnight, purporting to come
+ from the President, of conversations which occurred either with the
+ President privately in his office or in Cabinet meeting. What is written
+ admits of no misunderstanding.
+</p>
+<p>
+ In view of the misrepresentations referred to, it will be well to state
+ the facts in the case.
+</p>
+<p>
+ Some time after I assumed the duties of Secretary of War <i>ad interim</i>
+ the President asked me my views as to the course Mr. Stanton would have
+ to pursue, in case the Senate should not concur in his suspension,
+ to obtain possession of his office. My reply was, in substance, that
+ Mr. Stanton would have to appeal to the courts to reinstate him,
+ illustrating my position by citing the ground I had taken in the case
+ of the Baltimore police commissioners.
+</p>
+<p>
+ In that case I did not doubt the technical right of Governor Swann to
+ remove the old commissioners and to appoint their successors. As the old
+ commissioners refused to give up, however, I contended that no resource
+ was left but to appeal to the courts.
+</p>
+<p>
+ Finding that the President was desirous of keeping Mr. Stanton out of
+ office, whether sustained in the suspension or not, I stated that I had
+ not looked particularly into the tenure-of-office bill, but that what
+ I had stated was a general principle, and if I should change my mind in
+ this particular case I would inform him of the fact.
+</p>
+<p>
+ Subsequently, on reading the tenure-of-office bill closely, I found that
+ I could not, without violation of the law, refuse to vacate the office
+ of Secretary of War the moment Mr. Stanton was reinstated by the Senate,
+ even though the President should order me to retain it, which he never
+ did.
+</p>
+<p>
+ Taking this view of the subject, and learning on Saturday, the 11th
+ instant, that the Senate had taken up the subject of Mr. Stanton's
+ suspension, after some conversation with Lieutenant General Sherman and
+ some members of my staff, in which I stated that the law left me no
+ discretion as to my action should Mr. Stanton be reinstated, and that I
+ intended to inform the President, I went to the President for the sole
+ purpose of making this decision known, and did so make it known.
+</p>
+<p>
+ In doing this I fulfilled the promise made in our last preceding
+ conversation on the subject.
+</p>
+<p>
+ The President, however, instead of accepting my view of the requirements
+ of the tenure-of-office bill, contended that he had suspended Mr.
+ Stanton under the authority given by the Constitution, and that the same
+ authority did not preclude him from reporting, as an act of courtesy,
+ his reasons for the suspension to the Senate; that, having appointed me
+ under the authority given by the Constitution, and not under any act of
+ Congress, I could not be governed by the act. I stated that the law was
+ binding on me, constitutional or not, until set aside by the proper
+ tribunal. An hour or more was consumed, each reiterating his views on
+ this subject, until, getting late, the President said he would see me
+ again.
+</p>
+<p>
+ I did not agree to call again on Monday, nor at any other definite time,
+ nor was I sent for by the President until the following Tuesday.
+</p>
+<p>
+ From the 11th to the Cabinet meeting on the 14th instant a doubt never
+ entered my mind about the President's fully understanding my position,
+ namely, that if the Senate refused to concur in the suspension of Mr.
+ Stanton my powers as Secretary of War <i>ad interim</i> would cease and Mr.
+ Stanton's right to resume at once the functions of his office would
+ under the law be indisputable, and I acted accordingly. With Mr. Stanton
+ I had no communication, direct nor indirect, on the subject of his
+ reinstatement during his suspension.
+</p>
+<p>
+ I knew it had been recommended to the President to send in the
+ name of Governor Cox, of Ohio, for Secretary of War, and thus save all
+ embarrassment&mdash;a proposition that I sincerely hoped he would entertain
+ favorably; General Sherman seeing the President at my particular request
+ to urge this on the 13th instant.
+</p>
+<p>
+ On Tuesday (the day Mr. Stanton reentered the office of the Secretary of
+ War) General Comstock, who had carried my official letter announcing
+ that with Mr. Stanton's reinstatement by the Senate I had ceased to be
+ Secretary of War <i>ad interim</i>, and who saw the President open and read
+ the communication, brought back to me from the President a message that
+ he wanted to see me that day at the Cabinet meeting, after I had made
+ known the fact that I was no longer Secretary of War <i>ad interim</i>.
+</p>
+<p>
+ At this meeting, after opening it as though I were a member of the
+ Cabinet, when reminded of the notification already given him that I was
+ no longer Secretary of War <i>ad interim</i>, the President gave a version of
+ the conversations alluded to already. In this statement it was asserted
+ that in both conversations I had agreed to hold on to the office of
+ Secretary of War until displaced by the courts, or resign, so as to
+ place the President where he would have been had I never accepted the
+ office. After hearing the President through, I stated our conversations
+ substantially as given in this letter. I will add that my conversation
+ before the Cabinet embraced other matter not pertinent here, and is
+ therefore left out.
+</p>
+<p>
+ I in no wise admitted the correctness of the President's statement of
+ our conversations, though, to soften the evident contradiction my
+ statement gave, I said (alluding to our first conversation on the
+ subject) the President might have understood me the way he said, namely,
+ that I had promised to resign if I did not resist the reinstatement.
+ I made no such promise.
+</p>
+<p>
+ I have the honor to be, very respectfully, your obedient servant,
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES,
+<br>
+ <i>January 30, 1868</i>.
+</p>
+<p>
+ Respectfully forwarded to the Secretary of War for his information.
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ [Indorsement of the President on General Grant's note of January 24,
+ 1868.<a href="#note-49"><small>49</small></a>]
+</center>
+<p class="r">
+ JANUARY 29, 1868.
+</p>
+<p>
+ As requested in this communication, General Grant is instructed in
+ writing not to obey any order from the War Department assumed to be
+ issued by the direction of the President unless such order is known by
+ the General Commanding the armies of the United States to have been
+ authorized by the Executive.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ <i>General Grant to the President</i>.
+</center>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES,
+<br>
+ <i>Washington, January 30, 1868</i>.
+</p>
+<p>
+ His Excellency A. JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ SIR: I have the honor to acknowledge the return of my note of the 24th
+ instant,<a href="#note-49"><small>49</small></a> with your indorsement thereon, that I am not to obey any
+ order from the War Department assumed to be issued by the direction of
+ the President unless such order is known by me to have been authorized
+ by the Executive, and in reply thereto to say that I am informed by the
+ Secretary of War that he has not received from the Executive any order
+ or instructions limiting or impairing his authority to issue orders to
+ the Army, as has heretofore been his practice under the law and the
+ customs of the Department. While this authority to the War Department is
+ not countermanded it will be satisfactory evidence to me that any orders
+ issued from the War Department by direction of the President are
+ authorized by the Executive.
+</p>
+<p>
+ I have the honor to be, very respectfully, your obedient servant,
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ HEADQUARTERS ARMY UNITED STATES,
+<br>
+ <i>January 30, 1868</i>.
+</p>
+<p>
+ Respectfully forwarded to the Secretary of War for his information.
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ <i>The President to General Grant</i>.
+</center>
+<p class="r">
+ EXECUTIVE MANSION, <i>January 31, 1868</i>.
+</p>
+<p>
+ General U.S. GRANT,
+<br>
+ <i>Commanding United States Armies</i>.
+</p>
+<p>
+ GENERAL: I have received your communication of the 28th instant,<a href="#note-50"><small>50</small></a>
+ renewing your request of the 24th,<a href="#note-49"><small>49</small></a> that I should repeat in a written
+ form my verbal instructions of the 19th instant, viz, that you obey no
+ order from the Hon. Edwin M. Stanton as Secretary of War unless you have
+ information that it was issued by the President's directions.
+</p>
+<p>
+ In submitting this request (with which I complied on the 29th
+ instant<a href="#note-51"><small>51</small></a>) you take occasion to allude to recent publications in
+ reference to the circumstances connected with the vacation by yourself
+ of the office of Secretary of War <i>ad interim</i>, and with the view of
+ correcting statements which you term "gross misrepresentations" give
+ at length your own recollection of the facts under which, without the
+ sanction of the President, from whom you had received and accepted the
+ appointment, you yielded the Department of War to the present incumbent.
+</p>
+<p>
+ As stated in your communication, some time after you had assumed the
+ duties of Secretary of War <i>ad interim</i> we interchanged views respecting
+ the course that should be pursued in the event of nonconcurrence by the
+ Senate in the suspension from office of Mr. Stanton. I sought that
+ interview, calling myself at the War Department. My sole object in then
+ bringing the subject to your attention was to ascertain definitely
+ what would be your own action should such an attempt be made for his
+ restoration to the War Department. That object was accomplished, for
+ the interview terminated with the distinct understanding that if upon
+ reflection you should prefer not to become a party to the controversy or
+ should conclude that it would be your duty to surrender the Department
+ to Mr. Stanton upon action in his favor by the Senate you were to return
+ the office to me prior to a decision by the Senate, in order that if I
+ desired to do so I might designate someone to succeed you. It must have
+ been apparent to you that had not this understanding been reached it was
+ my purpose to relieve you from the further discharge of the duties of
+ Secretary of War <i>ad interim</i> and to appoint some other person in that
+ capacity.
+</p>
+<p>
+ Other conversations upon this subject ensued, all of them having on my
+ part the same object and leading to the same conclusion as the first.
+ It is not necessary, however, to refer to any of them excepting that of
+ Saturday, the 11th instant, mentioned in your communication. As it was
+ then known that the Senate had proceeded to consider the case of Mr.
+ Stanton, I was anxious to learn your determination. After a protracted
+ interview, during which the provisions of the tenure-of-office bill were
+ freely discussed, you said that, as had been agreed upon in our first
+ conference, you would either return the office to my possession in time
+ to enable me to appoint a successor before final action by the Senate
+ upon Mr. Stanton's suspension, or would remain as its head, awaiting a
+ decision of the question by judicial proceedings. It was then understood
+ that there would be a further conference on Monday, by which time I
+ supposed you would be prepared to inform me of your final decision. You
+ failed, however, to fulfill the engagement, and on Tuesday notified me
+ in writing of the receipt by you of official notification of the action
+ of the Senate in the case of Mr. Stanton, and at the same time informed
+ me that according to the act regulating the tenure of certain civil
+ offices your functions as Secretary of War <i>ad interim</i> ceased from
+ the moment of the receipt of the notice. You thus, in disregard of the
+ understanding between us, vacated the office without having given me
+ notice of your intention to do so. It is but just, however, to say that
+ in your communication you claim that you did inform me of your purpose,
+ and thus "fulfilled the promise made in our last preceding conversation
+ on this subject." The fact that such a promise existed is evidence of
+ an arrangement of the kind I have mentioned. You had found in our first
+ conference "that the President was desirous of keeping Mr. Stanton out
+ of office whether sustained in the suspension or not." You knew what
+ reasons had induced the President to ask from you a promise; you
+ also knew that in case your views of duty did not accord with his
+ own convictions it was his purpose to fill your place by another
+ appointment. Even ignoring the existence of a positive understanding
+ between us, these conclusions were plainly deducible from our various
+ conversations. It is certain, however, that even under these
+ circumstances you did not offer to return the place to my possession,
+ but, according to your own statement, placed yourself in a position
+ where, could I have anticipated your action, I would have been compelled
+ to ask of you, as I was compelled to ask of your predecessor in the War
+ Department, a letter of resignation, or else to resort to the more
+ disagreeable expedient of suspending you by a successor.
+</p>
+<p>
+ As stated in your letter, the nomination of Governor Cox, of Ohio, for
+ the office of Secretary of War was suggested to me. His appointment as
+ Mr. Stanton's successor was urged in your name, and it was said that
+ his selection would save further embarrassment. I did not think that
+ in the selection of a Cabinet officer I should be trammeled by such
+ considerations. I was prepared to take the responsibility of deciding
+ the question in accordance with my ideas of constitutional duty, and,
+ having determined upon a course which I deemed right and proper, was
+ anxious to learn the steps you would take should the possession of the
+ War Department be demanded by Mr. Stanton. Had your action been in
+ conformity to the understanding between us, I do not believe that the
+ embarrassment would have attained its present proportions or that the
+ probability of its repetition would have been so great.
+</p>
+<p>
+ I know that, with a view to an early termination of a state of affairs
+ so detrimental to the public interests, you voluntarily offered, both on
+ Wednesday, the 15th instant, and on the succeeding Sunday, to call upon
+ Mr. Stanton and urge upon him that the good of the service required his
+ resignation. I confess that I considered your proposal as a sort of
+ reparation for the failure on your part to act in accordance with an
+ understanding more than once repeated, which I thought had received your
+ full assent, and under which you could have returned to me the office
+ which I had conferred upon you, thus saving yourself from embarrassment
+ and leaving the responsibility where it properly belonged&mdash;with the
+ President, who is accountable for the faithful execution of the laws.
+</p>
+<p>
+ I have not yet been informed by you whether, as twice proposed by
+ yourself, you have called upon Mr. Stanton and made an effort to induce
+ him voluntarily to retire from the War Department.
+</p>
+<p>
+ You conclude your communication with a reference to our conversation at
+ the meeting of the Cabinet held on Tuesday, the 14th instant. In your
+ account of what then occurred you say that after the President had given
+ his version of our previous conversations you stated them substantially
+ as given in your letter; that you in no wise admitted the correctness of
+ his statement of them, "though, to soften the evident contradiction my
+ statement gave, I said (alluding to our first conversation on the
+ subject) the President might have understood me the way he said, namely,
+ that I had promised to resign if I did not resist the reinstatement.
+ I made no such promise."
+</p>
+<p>
+ My recollection of what then transpired is diametrically the reverse of
+ your narration. In the presence of the Cabinet I asked you&mdash;
+</p>
+<p>
+ First. If, in a conversation which took place shortly after your
+ appointment as Secretary of War <i>ad interim</i>, you did not agree either
+ to remain at the head of the War Department and abide any judicial
+ proceedings that might follow nonconcurrence by the Senate in Mr.
+ Stanton's suspension, or, should you wish not to become involved in such
+ a controversy, to put me in the same position with respect to the office
+ as I occupied previous to your appointment, by returning it to me in
+ time to anticipate such action by the Senate. This you admitted.
+</p>
+<p>
+ Second. I then asked you if, at our conference on the preceding
+ Saturday, I had not, to avoid misunderstanding, requested you to state
+ what you intended to do, and, further, if in reply to that inquiry you
+ had not referred to our former conversations, saying that from them I
+ understood your position, and that your action would be consistent with
+ the understanding which had been reached. To these questions you also
+ replied in the affirmative.
+</p>
+<p>
+ Third. I next asked if at the conclusion of our interview on Saturday
+ it was not understood that we were to have another conference on Monday
+ before final action by the Senate in the case of Mr. Stanton. You
+ replied that such was the understanding, but that you did not suppose
+ the Senate would act so soon; that on Monday you had been engaged in a
+ conference with General Sherman and were occupied with "many little
+ matters," and asked if General Sherman had not called on that day. What
+ relevancy General Sherman's visit to me on Monday had with the purpose
+ for which you were then to have called I am at a loss to perceive,
+ as he certainly did not inform me whether you had determined to retain
+ possession of the office or to afford me an opportunity to appoint a
+ successor in advance of any attempted reinstatement of Mr. Stanton.
+</p>
+<p>
+ This account of what passed between us at the Cabinet meeting on the
+ 14th instant widely differs from that contained in your communication,
+ for it shows that instead of having "stated our conversations as given
+ in the letter" which has made this reply necessary you admitted that my
+ recital of them was entirely accurate. Sincerely anxious, however, to
+ be correct in my statements, I have to-day read this narration of what
+ occurred on the 14th instant to the members of the Cabinet who were then
+ present. They, without exception, agree in its accuracy.
+</p>
+<p>
+ It is only necessary to add that on Wednesday morning, the 15th instant,
+ you called on me, in company with Lieutenant-General Sherman. After some
+ preliminary conversation, you remarked that an article in the National
+ Intelligencer of that date did you much injustice. I replied that I had
+ not read the Intelligencer of that morning. You then first told me that
+ it was your intention to urge Mr. Stanton to resign his office.
+</p>
+<p>
+ After you had withdrawn I carefully read the article of which you had
+ spoken, and found that its statements of the understanding between us
+ were substantially correct. On the 17th I caused it to be read to four
+ of the five members of the Cabinet who were present at our conference on
+ the 14th, and they concurred in the general accuracy of its statements
+ respecting our conversation upon that occasion.
+</p>
+<p>
+ In reply to your communication, I have deemed it proper, in order to
+ prevent further misunderstanding, to make this simple recital of facts.
+</p>
+<p>
+ Very respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ <i>General Grant to the President</i>.
+</center>
+<p class="r">
+ HEADQUARTERS ARMY OF THE UNITED STATES,
+<br>
+ <i>Washington, D.C., February 3, 1868</i>.
+</p>
+<p>
+ His Excellency A. JOHNSON,
+<br>
+ <i>President of the United States</i>.
+</p>
+<p>
+ SIR: I have the honor to acknowledge the receipt of your communication
+ of the 31st ultimo,<a href="#note-52"><small>52</small></a> in answer to mine of the 28th ultimo[53]. After
+ a careful reading and comparison of it with the article in the National
+ Intelligencer of the 15th ultimo and the article over the initials
+ J.B.S. in the New York World of the 27th ultimo, purporting to be based
+ upon your statement and that of the members of your Cabinet therein
+ named, I find it to be but a reiteration, only somewhat more in detail,
+ of the "many and gross misrepresentations" contained in these articles,
+ and which my statement of the facts set forth in my letter of the 28th
+ ultimo<a href="#note-53"><small>53</small></a> was intended to correct; and I here reassert the correctness
+ of my statements in that letter, anything in yours in reply to it to the
+ contrary notwithstanding.
+</p>
+<p>
+ I confess my surprise that the Cabinet officers referred to should so
+ greatly misapprehend the facts in the matter of admissions alleged to
+ have been made by me at the Cabinet meeting of the 14th ultimo as to
+ suffer their names to be made the basis of the charges in the newspaper
+ article referred to, or agree in the accuracy, as you affirm they do,
+ of your account of what occurred at that meeting.
+</p>
+<p>
+ You know that we parted on Saturday, the 11th ultimo, without any
+ promise on my part, either express or implied, to the effect that I
+ would hold on to the office of Secretary of War <i>ad interim</i> against the
+ action of the Senate, or, declining to do so myself, would surrender it
+ to you before such action was had, or that I would see you again at any
+ fixed time on the subject.
+</p>
+<p>
+ The performance of the promises alleged by you to have been made by me
+ would have involved a resistance to law and an inconsistency with the
+ whole history of my connection with the suspension of Mr. Stanton.
+</p>
+<p>
+ From our conversations and my written protest of August 1, 1867,
+ against the removal of Mr. Stanton, you must have known that my greatest
+ objection to his removal or suspension was the fear that someone would
+ be appointed in his stead who would, by opposition to the laws relating
+ to the restoration of the Southern States to their proper relations
+ to the Government, embarrass the Army in the performance of duties
+ especially imposed upon it by these laws; and it was to prevent such an
+ appointment that I accepted the office of Secretary of War <i>ad interim</i>,
+ and not for the purpose of enabling you to get rid of Mr. Stanton by my
+ withholding it from him in opposition to law, or, not doing so myself,
+ surrendering it to one who would, as the statement and assumptions in
+ your communication plainly indicate was sought. And it was to avoid this
+ same danger, as well as to relieve you from the personal embarrassment
+ in which Mr. Stanton's reinstatement would place you, that I urged the
+ appointment of Governor Cox, believing that it would be agreeable to you
+ and also to Mr. Stanton, satisfied as I was that it was the good of the
+ country, and not the office, the latter desired.
+</p>
+<p>
+ On the 15th ultimo, in presence of General Sherman, I stated to you that
+ I thought Mr. Stanton would resign, but did not say that I would advise
+ him to do so. On the 18th I did agree with General Sherman to go and
+ advise him to that course, and on the 19th I had an interview alone with
+ Mr. Stanton, which led me to the conclusion that any advice to him of
+ the kind would be useless, and I so informed General Sherman.
+</p>
+<p>
+ Before I consented to advise Mr. Stanton to resign, I understood
+ from him, in a conversation on the subject immediately after his
+ reinstatement, that it was his opinion that the act of Congress entitled
+ "An act temporarily to supply vacancies in the Executive Departments in
+ certain cases," approved February 20, 1863, was repealed by subsequent
+ legislation, which materially influenced my action. Previous to this
+ time I had had no doubt that the law of 1863 was still in force, and,
+ notwithstanding my action, a fuller examination of the law leaves a
+ question in my mind whether it is or is not repealed. This being the
+ case, I could not now advise his resignation, lest the same danger
+ I apprehended on his first removal might follow.
+</p>
+<p>
+ The course you would have it understood I agreed to pursue was in
+ violation of law and without orders from you, while the course I did
+ pursue, and which I never doubted you fully understood, was in
+ accordance with law and not in disobedience of any orders of my
+ superior.
+</p>
+<p>
+ And now, Mr. President, when my honor as a soldier and integrity as a
+ man have been so violently assailed, pardon me for saying that I can but
+ regard this whole matter, from the beginning to the end, as an attempt
+ to involve me in the resistance of law, for which you hesitated to
+ assume the responsibility in orders, and thus to destroy my character
+ before the country. I am in a measure confirmed in this conclusion by
+ your recent orders directing me to disobey orders from the Secretary of
+ War, my superior and your subordinate, without having countermanded his
+ authority to issue the orders I am to disobey.
+</p>
+<p>
+ With the assurance, Mr. President, that nothing less than a vindication
+ of my personal honor and character could have induced this
+ correspondence on my part,
+</p>
+<p>
+ I have the honor to be, very respectfully, your obedient servant,
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>
+ Respectfully forwarded to the Secretary of War for his information, and
+ to be made a part of correspondence previously furnished on same subject.
+</p>
+<p class="r">
+ U.S. GRANT, <i>General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 17, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In reply to the resolution adopted by the House of Representatives on
+ the 19th of December last, calling for correspondence and information
+ in relation to Russian America, I transmit reports and accompanying
+ documents from the Secretary of State and the Secretary of the Treasury,
+ respectively.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 18, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 17th of
+ January last, calling for information in regard to the execution of the
+ treaty of 1858 with China, for the settlement of claims, I transmit a
+ report of the Secretary of State and the papers which accompany it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 19, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Attorney-General, prepared in
+ compliance with the resolution of the House of Representatives of the
+ 26th November, 1867, requesting a list of all pardons "granted since
+ the 14th day of April, 1865, to any person or persons charged with or
+ convicted of making or passing counterfeit money, or having counterfeit
+ money or tools or instruments for making the same in his or their
+ possession, or charged with or convicted of the crime of forgery or
+ criminal alteration of papers, accounts, or other documents, or of the
+ crime of perjury, and that such list be accompanied by a particular
+ statement in each case of the reasons or grounds of the pardon, with a
+ disclosure of the names of persons, if any, who recommended or advised
+ the same."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 19, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Attorney-General, prepared in
+ compliance with a resolution adopted by the Senate on the 2d day of
+ December last, requesting "a full list of the names of all persons
+ pardoned by the President since May 1, 1865, who have been convicted of
+ counterfeiting United States bonds, greenbacks, national-bank currency,
+ fractional currency, or the coin of the United States, with the date of
+ issuing each pardon, reasons for issuing it, and by whom recommended."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 20, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the Senate of the 18th of December last,
+ requesting information in regard to the island of San Juan, on Puget
+ Sound, I transmit a report from the Secretary of State and the papers
+ which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 20, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ With reference to the convention between Denmark and the United States
+ concluded on the 24th of October last, I transmit to the Senate a copy
+ in translation of a note of the 19th instant addressed to the Secretary
+ of State by His Danish Majesty's chargé d'affaires, announcing the
+ ratification of the convention by the Government of Denmark and stating
+ his readiness to proceed with the customary exchange of ratifications.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 21, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Chief of the Engineer Corps
+ of the Army, accompanied by a report, in reference to ship canals around
+ the Falls of the Ohio River, called for by the resolution of the House
+ of Representatives of the 18th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 21, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ On the 12th day of August, 1867, by virtue of the power and authority
+ vested in the President by the Constitution and laws of the United
+ States, I suspended Edwin M. Stanton from the office of Secretary of
+ War.
+</p>
+<p>
+ In further exercise of the power and authority so vested in the
+ President, I have this day removed Mr. Stanton from office and
+ designated the Adjutant-General of the Army to act as Secretary
+ of War <i>ad interim</i>.
+</p>
+<p>
+ Copies of the communications upon this subject addressed to Mr. Stanton
+ and the Adjutant-General are herewith transmitted for the information of
+ the Senate.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 22, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have received a copy of the resolution adopted by the Senate on the
+ 21st instant, as follows:
+</p>
+<p class="q">
+ Whereas the Senate have received and considered the communication of
+ the President stating that he had removed Edwin M. Stanton, Secretary
+ of War, and had designated the Adjutant-General of the Army to act as
+ Secretary of War <i>ad interim</i>: Therefore,
+</p><p class="q">
+ <i>Resolved by the Senate of the United States</i>, That under the
+ Constitution and laws of the United States the President has no power
+ to remove the Secretary of War and designate any other officer to
+ perform the duties of that office <i>ad interim</i>.
+</p>
+<p>
+ This resolution is confined to the power of the President to remove the
+ Secretary of War and to designate another officer to perform the duties
+ of the office <i>ad interim</i>, and by its preamble is made expressly
+ applicable to the removal of Mr. Stanton and the designation to act
+ <i>ad interim</i> of the Adjutant-General of the Army. Without, therefore,
+ attempting to discuss the general power of removal as to all officers,
+ upon which subject no expression of opinion is contained in the
+ resolution, I shall confine myself to the question as thus limited&mdash;the
+ power to remove the Secretary of War.
+</p>
+<p>
+ It is declared in the resolution&mdash;
+</p>
+<p class="q">
+ That under the Constitution and laws of the United States the President
+ has no power to remove the Secretary of War and designate any other
+ officer to perform the duties of that office <i>ad interim</i>.
+</p>
+<p>
+ As to the question of power under the Constitution, I do not propose at
+ present to enter upon its discussion.
+</p>
+<p>
+ The uniform practice from the beginning of the Government, as
+ established by every President who has exercised the office, and the
+ decisions of the Supreme Court of the United States have settled the
+ question in favor of the power of the President to remove all officers
+ excepting a class holding appointments of a judicial character. No
+ practice nor any decision has ever excepted a Secretary of War from this
+ general power of the President to make removals from office.
+</p>
+<p>
+ It is only necessary, then, that I should refer to the power of the
+ Executive, under the laws of the United States, to remove from office a
+ Secretary of War. The resolution denies that under these laws this power
+ has any existence. In other words, it affirms that no such authority is
+ recognized or given by the statutes of the country.
+</p>
+<p>
+ What, then, are the laws of the United States which deny the President
+ the power to remove that officer? I know but two laws which bear upon
+ this question. The first in order of time is the act of August 7, 1789,
+ creating the Department of War, which, after providing for a Secretary
+ as its principal officer, proceeds as follows:
+</p>
+<p class="q">
+ SEC. 2. <i>And be it further enacted</i>, That there shall be in the said
+ Department an inferior officer, to be appointed by the said principal
+ officer, to be employed therein as he shall deem proper, and to be
+ called the chief clerk in the Department of War, and who, whenever the
+ said principal officer shall be removed from office by the President of
+ the United States, or in any other case of vacancy, shall during such
+ vacancy have the charge and custody of all records, books, and papers
+ appertaining to the said Department.
+</p>
+<p>
+ It is clear that this act, passed by a Congress many of whose members
+ participated in the formation of the Constitution, so far from denying
+ the power of the President to remove the Secretary of War, recognizes
+ it as existing in the Executive alone, without the concurrence of the
+ Senate or of any other department of the Government. Furthermore, this
+ act does not purport to confer the power by legislative authority, nor
+ in fact was there any other existing legislation through which it was
+ bestowed upon the Executive. The recognition of the power by this act is
+ therefore complete as a recognition under the Constitution itself, for
+ there was no other source or authority from which it could be derived.
+</p>
+<p>
+ The other act which refers to this question is that regulating the
+ tenure of certain civil offices, passed by Congress on the 2d day of
+ March, 1867. The first section of that act is in the following words:
+</p>
+<p class="q">
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office, and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: <i>Provided</i>,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of
+ the President by whom they may have been appointed and for one month
+ thereafter, subject to removal by and with the advice and consent of
+ the Senate.
+</p>
+<p>
+ The fourth section of the same act restricts the term of offices to the
+ limit prescribed by the law creating them.
+</p>
+<p>
+ That part of the first section which precedes the proviso declares that
+ every person holding a civil office to which he has been or may be
+ appointed by and with the advice and consent of the Senate shall hold
+ such office until a successor shall have been in like manner appointed.
+ It purports to take from the Executive, during the fixed time
+ established for the tenure of the office, the independent power of
+ removal, and to require for such removal the concurrent action of the
+ President and the Senate.
+</p>
+<p>
+ The proviso that follows proceeds to fix the term of office of the seven
+ heads of Departments, whose tenure never had been defined before, by
+ prescribing that they "shall hold their offices, respectively, for and
+ during the term of the President by whom they may have been appointed
+ and for one month thereafter, subject to removal by and with the advice
+ and consent of the Senate."
+</p>
+<p>
+ Thus, as to these enumerated officers, the proviso takes from the
+ President the power of removal except with the advice and consent of the
+ Senate. By its terms, however, before he can be deprived of the power to
+ displace them it must appear that he himself has appointed them. It is
+ only in that case that they have any tenure of office or any independent
+ right to hold during the term of the President and for one month after
+ the cessation of his official functions. The proviso, therefore, gives
+ no tenure of office to any one of these officers who has been appointed
+ by a former President beyond one month after the accession of his
+ successor.
+</p>
+<p>
+ In the case of Mr. Stanton, the only appointment under which he
+ held the office of Secretary of War was that conferred upon him by my
+ immediate predecessor, with the advice and consent of the Senate. He has
+ never held from me any appointment as the head of the War Department.
+ Whatever right he had to hold the office was derived from that original
+ appointment and my own sufferance. The law was not intended to protect
+ such an incumbent of the War Department by taking from the President the
+ power to remove him. This, in my judgment, is perfectly clear, and the
+ law itself admits of no other just construction. We find in all that
+ portion of the first section which precedes the proviso that as to civil
+ officers generally the President is deprived of the power of removal,
+ and it is plain that if there had been no proviso that power would just
+ as clearly have been taken from him so far as it applies to the seven
+ heads of Departments. But for reasons which were no doubt satisfactory
+ to Congress these principal officers were specially provided for, and as
+ to them the express and only requirement is that the President who has
+ appointed them shall not without the advice and consent of the Senate
+ remove them from office. The consequence is that as to my Cabinet,
+ embracing the seven officers designated in the first section, the act
+ takes from me the power, without the concurrence of the Senate, to
+ remove any one of them that I have appointed, but it does not protect
+ such of them as I did not appoint, nor give to them any tenure of office
+ beyond my pleasure.
+</p>
+<p>
+ An examination of this act, then, shows that while in one part of the
+ section provision is made for officers generally, in another clause
+ there is a class of officers, designated by their official titles, who
+ are excepted from the general terms of the law, and in reference to whom
+ a clear distinction is made as to the general power of removal limited
+ in the first clause of the section.
+</p>
+<p>
+ This distinction is that as to such of these enumerated officers as hold
+ under the appointment of the President the power of removal can only be
+ exercised by him with the consent of the Senate, while as to those who
+ have not been appointed by him there is no like denial of his power to
+ displace them. It would be a violation of the plain meaning of this
+ enactment to place Mr. Stanton upon the same footing as those heads of
+ Departments who have been appointed by myself. As to him, this law gives
+ him no tenure of office. The members of my Cabinet who have been
+ appointed by me are by this act entitled to hold for one month after the
+ term of my office shall cease; but Mr. Stanton could not, against the
+ wishes of my successor, hold a moment thereafter. If he were permitted
+ by that successor to hold for the first two weeks, would that successor
+ have no power to remove him? But the power of my successor over him
+ could be no greater than my own. If my successor would have the power to
+ remove Mr. Stanton after permitting him to remain a period of two weeks,
+ because he was not appointed by him, but by his predecessor, I, who have
+ tolerated Mr. Stanton for more than two years, certainly have the same
+ right to remove him, and upon the same ground, namely, that he was not
+ appointed by me, but by my predecessor.
+</p>
+<p>
+ Under this construction of the tenure-of-office act, I have never
+ doubted my power to remove Mr. Stanton.
+</p>
+<p>
+ Whether the act were constitutional or not, it was always my opinion
+ that it did not secure him from removal. I was, however, aware that
+ there were doubts as to the construction of the law, and from the first
+ I deemed it desirable that at the earliest possible moment those doubts
+ should be settled and the true construction of the act fixed by decision
+ of the Supreme Court of the United States. My order of suspension in
+ August last was intended to place the case in such a position as would
+ make a resort to a judicial decision both necessary and proper. My
+ understanding and wishes, however, under that order of suspension were
+ frustrated, and the late order for Mr. Stanton's removal was a further
+ step toward the accomplishment of that purpose.
+</p>
+<p>
+ I repeat that my own convictions as to the true construction of the law
+ and as to its constitutionality were well settled and were sustained
+ by every member of my Cabinet, including Mr. Stanton himself. Upon the
+ question of constitutionality, each one in turn deliberately advised me
+ that the tenure-of-office act was unconstitutional. Upon the question
+ whether, as to those members who were appointed by my predecessor,
+ that act took from me the power to remove them, one of those members
+ emphatically stated in the presence of the others sitting in Cabinet
+ that they did not come within the provisions of the act, and it was
+ no protection to them. No one dissented from this construction, and
+ I understood them all to acquiesce in its correctness. In a matter of
+ such grave consequence I was not disposed to rest upon my own opinions,
+ though fortified by my constitutional advisers. I have therefore sought
+ to bring the question at as early a day as possible before the Supreme
+ Court of the United States for final and authoritative decision.
+</p>
+<p>
+ In respect to so much of the resolution as relates to the designation
+ of an officer to act as Secretary of War <i>ad interim</i>, I have only to
+ say that I have exercised this power under the provisions of the first
+ section of the act of February 13, 1795, which, so far as they are
+ applicable to vacancies caused by removals, I understand to be still
+ in force.
+</p>
+<p>
+ The legislation upon the subject of <i>ad interim</i> appointments in the
+ Executive Departments stands, as to the War Office, as follows:
+</p>
+<p>
+ The second section of the act of the 7th of August, 1789, makes
+ provision for a vacancy in the very case of a removal of the head of the
+ War Department, and upon such a vacancy gives the charge and custody
+ of the records, books, and papers to the chief clerk. Next, by the act
+ of the 8th of May, 1792, section 8, it is provided that in case of a
+ vacancy occasioned by death, absence from the seat of Government, or
+ sickness of the head of the War Department the President may authorize
+ a person to perform the duties of the office until a successor is
+ appointed or the disability removed. The act, it will be observed, does
+ not provide for the case of a vacancy caused by removal. Then, by the
+ first section of the act of February 13, 1795, it is provided that in
+ case of any vacancy the President may appoint a person to perform the
+ duties while the vacancy exists.
+</p>
+<p>
+ These acts are followed by that of the 20th of February, 1863, by the
+ first section of which provision is again made for a vacancy caused by
+ death, resignation, absence from the seat of Government, or sickness of
+ the head of any Executive Department of the Government, and upon the
+ occurrence of such a vacancy power is given to the President&mdash;
+</p>
+<p class="q">
+ to authorize the head of any other Executive Department, or other
+ officer in either of said Departments whose appointment is vested in
+ the President, at his discretion, to perform the duties of the said
+ respective offices until a successor be appointed or until such absence
+ or inability by sickness shall cease: <i>Provided</i>, That no one vacancy
+ shall be supplied in manner aforesaid for a longer term than six months.
+</p>
+<p>
+ This law, with some modifications, reenacts the act of 1792, and
+ provides, as did that act, for the sort of vacancies so to be filled;
+ but, like the act of 1792, it makes no provision for a vacancy
+ occasioned by removal. It has reference altogether to vacancies arising
+ from other causes.
+</p>
+<p>
+ According to my construction of the act of 1863, while it impliedly
+ repeals the act of 1792 regulating the vacancies therein described, it
+ has no bearing whatever upon so much of the act of 1795 as applies to a
+ vacancy caused by removal. The act of 1795 therefore furnishes the rule
+ for a vacancy occasioned by removal&mdash;one of the vacancies expressly
+ referred to in the act of the 7th of August, 1789, creating the
+ Department of War. Certainly there is no express repeal by the act of
+ 1863 of the act of 1795. The repeal, if there is any, is by implication,
+ and can only be admitted so far as there is a clear inconsistency
+ between the two acts. The act of 1795 is inconsistent with that of 1863
+ as to a vacancy occasioned by death, resignation, absence, or sickness,
+ but not at all inconsistent as to a vacancy caused by removal.
+</p>
+<p>
+ It is assuredly proper that the President should have the same power to
+ fill temporarily a vacancy occasioned by removal as he has to supply
+ a place made vacant by death or the expiration of a term. If, for
+ instance, the incumbent of an office should be found to be wholly unfit
+ to exercise its functions, and the public service should require his
+ immediate expulsion, a remedy should exist and be at once applied, and
+ time be allowed the President to select and appoint a successor, as is
+ permitted him in case of a vacancy caused by death or the termination of
+ an official term.
+</p>
+<p>
+ The necessity, therefore, for an <i>ad interim</i> appointment is just as
+ great, and, indeed, may be greater in cases of removal than in any
+ others. Before it be held, therefore, that the power given by the act
+ of 1795 in cases of removal is abrogated by succeeding legislation an
+ express repeal ought to appear. So wholesome a power should certainly
+ not be taken away by loose implication.
+</p>
+<p>
+ It may be, however, that in this, as in other cases of implied repeal,
+ doubts may arise. It is confessedly one of the most subtle and debatable
+ questions which arise in the construction of statutes. If upon such a
+ question I have fallen into an erroneous construction, I submit whether
+ it should be characterized as a violation of official duty and of law.
+</p>
+<p>
+ I have deemed it proper, in vindication of the course which I have
+ considered it my duty to take, to place before the Senate the reasons
+ upon which I have based my action. Although I have been advised by
+ every member of my Cabinet that the entire tenure-of-office act is
+ unconstitutional, and therefore void, and although I have expressly
+ concurred in that opinion in the veto message which I had the honor
+ to submit to Congress when I returned the bill for reconsideration,
+ I have refrained from making a removal of any officer contrary to the
+ provisions of the law, and have only exercised that power in the case of
+ Mr. Stanton, which, in my judgment, did not come within its provisions.
+ I have endeavored to proceed with the greatest circumspection, and have
+ acted only in an extreme and exceptional case, carefully following the
+ course which I have marked out for myself as a general rule, faithfully
+ to execute all laws, though passed over my objections on the score of
+ constitutionality. In the present instance I have appealed, or sought
+ to appeal, to that final arbiter fixed by the Constitution for the
+ determination of all such questions. To this course I have been impelled
+ by the solemn obligations which rest upon me to sustain inviolate the
+ powers of the high office committed to my hands.
+</p>
+<p>
+ Whatever may be the consequences merely personal to myself, I could not
+ allow them to prevail against a public duty so clear to my own mind, and
+ so imperative. If what was possible had been certain, if I had been
+ fully advised when I removed Mr. Stanton that in thus defending the
+ trust committed to my hands my own removal was sure to follow, I could
+ not have hesitated. Actuated by public considerations of the highest
+ character, I earnestly protest against the resolution of the Senate
+ which charges me in what I have done with a violation of the
+ Constitution and laws of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 25, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In further answer of the resolution of the Senate of the 13th of January
+ last, relative to the appointment of the Hon. Anson Burlingame to a
+ diplomatic or other mission by the Emperor of China, I transmit a report
+ from the Secretary of State and the communication which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 26, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the General Commanding the Army of the
+ United States, prepared in compliance with the resolution of the Senate
+ of the 4th instant, requesting copies of all instructions relating to
+ the Third Military District issued to General Pope and General Meade.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 4, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 17th February ultimo,
+ concerning the alleged interference of the United States consul at Rome
+ in the late difficulty in Italy, I transmit a report from the Secretary
+ of State, containing the information called for by the resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 5, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit a report of this date from the Secretary of State, and the
+ accompanying papers, in regard to the revolution in the Dominican
+ Republic.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 5, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 21st of February last,
+ in relation to the abduction of one Allan Macdonald from Canada, I
+ transmit a communication from the Secretary of State, accompanied by the
+ papers relating to that subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 5, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the
+ 7th of January last, in relation to the claim of the late Benjamin W.
+ Perkins against the Russian Government, I transmit a communication from
+ the Secretary of State, which is accompanied by the papers called for
+ by the resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 6, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate the accompanying report<a href="#note-54"><small>54</small></a> of the Secretary of
+ State, in answer to their resolution of the 13th January,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a treaty between the United States and His Majesty the
+ King of Prussia, in the name of the North German Confederation, for the
+ purpose of regulating the citizenship of those persons who emigrate from
+ the Confederation to this country and from the United States to the
+ North German Confederation.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 11, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In further answer to the resolution of the House of Representatives of
+ the 25th of November, 1867, calling for information in relation to the
+ trial and conviction of American citizens in Great Britain and Ireland
+ for the last two years, I transmit a continuation of the report from the
+ Secretary of State upon the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 14, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 27th of January
+ last, in relation to the arrest and trial of the Rev. John McMahon,
+ Robert B. Lynch, and John Warren by the Government of Great Britain, and
+ requesting to be informed what action has been taken by this Government
+ in maintaining the rights of American citizens abroad, I transmit a
+ report of the Secretary of State, which is accompanied by a copy of
+ the papers called for by that resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>March 18, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty made on the 2d day of March, 1868, by and between Nathaniel G.
+ Taylor, Commissioner of Indian Affairs; Alexander C. Hunt, governor and
+ <i>ex officio</i> superintendent of Indian affairs of Colorado Territory, and
+ Kit Carson, on the part of the United States, and the representatives
+ of the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and
+ Uintah bands of Ute Indians.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 17th instant and the
+ papers therein referred to are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 24, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention, signed on the 23d instant, for the surrender
+ of criminals, between the United States and the Government of Italy.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 24, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report<a href="#note-55"><small>55</small></a> and accompanying documents, in answer
+ to a resolution of the House of Representatives of the 18th ultimo.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 25, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to a resolution
+ of the 9th instant, the accompanying report<a href="#note-56"><small>56</small></a> from the Secretary of
+ State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 25, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report and accompanying document,<a href="#note-57"><small>57</small></a> in answer
+ to a resolution of the House of Representatives of the 18th ultimo.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 25, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 18th
+ ultimo, relating to the report of Mr. Cowdin, I transmit a report of
+ the Secretary of State and the document<a href="#note-58"><small>58</small></a> to which it refers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 2, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in further answer to their
+ resolution of the 9th ultimo, the accompanying report<a href="#note-59"><small>59</small></a> from the
+ Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 2, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In further reply to the resolution adopted by the House of Representatives
+ on the 19th of December, 1867, calling for correspondence and information
+ in relation to Russian America, I transmit a report from the Secretary of
+ State and the papers which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 3, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State and the papers
+ accompanying it, in answer to a resolution of the House of
+ Representatives of the 10th of February last, requesting information
+ relative to the imprisonment and destruction of the property of Antonio
+ Pelletier by the people and authorities of Hayti.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 13, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 5th of February last,
+ calling for the correspondence upon the subject of the murder by the
+ inhabitants of the island of Formosa of the ship's company of the
+ American bark <i>Rover</i>, I transmit a report from the Secretary of State
+ and a report from the Secretary of the Navy, with accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 18, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 14th of April instant,
+ calling for information relative to any application by any party for
+ exclusive privileges in connection with hunting, trading, and the
+ fisheries in Alaska, I transmit herewith the report of the Secretary
+ of State on the subject, with its accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>April 22, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 28th ultimo,
+ requesting information as to the number and designations of military
+ departments formed since the 1st day of August, 1867, and as to the
+ statute or other authority under which they have been established,
+ I transmit a report from the Adjutant-General's Office showing the
+ organization since that date of the Department of Alaska and the
+ Military Division of the Atlantic.
+</p>
+<p>
+ The orders issued by me upon this subject are in accordance with
+ long-established usage and hitherto unquestioned authority. This will be
+ readily seen from the accompanying report, which shows that, employing
+ the authority vested by the Constitution in the President as Commander
+ in Chief of the Army, it has been customary for my predecessors to
+ create such military divisions and departments as from time to time
+ they deemed advisable.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>April 27, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I submit a report of the Secretary of State, concerning the
+ naturalization treaty recently negotiated between the United States
+ and North Germany.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 5, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress the accompanying documents, which I deem it
+ proper to state are all the papers<a href="#note-60"><small>60</small></a> that have been submitted to the
+ President relating to the proceedings to which they refer in the States
+ of South Carolina and Arkansas.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 6, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in further answer to their resolution of the
+ 14th of April last, the accompanying report<a href="#note-61"><small>61</small></a> from the Secretary of
+ State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 8, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith reports from the Secretary of the Treasury and the
+ Secretary of the Navy, prepared in compliance with a resolution of the
+ House of Representatives of the 12th of December last, requesting
+ information respecting the sale of public vessels since the close of the
+ rebellion. No report upon the subject has yet been received from the
+ Department of War.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 9, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their resolution
+ of the 14th ultimo, a report from the Secretary of State, with accompanying
+ papers.<a href="#note-62"><small>62</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 9, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith reports from the Secretary of the Treasury and the
+ Attorney-General, prepared in compliance with the resolution of the
+ Senate of the 17th December last, requesting information in reference to
+ the seizure and confiscation of property. No report upon this subject
+ has yet been received by me from the War Department.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 11, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress the accompanying documents,<a href="#note-63"><small>63</small></a> which embrace
+ all the papers that have been submitted to me relating to the proceedings
+ to which they refer in the States of North Carolina and Louisiana.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 15, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their
+ resolution of the 8th instant, a report<a href="#note-64"><small>64</small></a> from the Secretary of State,
+ with accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 18, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress the accompanying document,<a href="#note-65"><small>65</small></a> which is the
+ only paper which has been submitted to me relating to the proceedings
+ to which it refers in the State of Georgia.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 23, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate a report from the Secretary of State, with
+ accompaniments, in relation to recent events in the Empire of Japan.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>May 27, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress the accompanying documents,<a href="#note-66"><small>66</small></a> which are the
+ only papers which have been submitted to me relating to the proceedings
+ to which they refer in the State of Florida.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>May 29, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a letter from the Secretary of the Navy, in reply
+ to the resolution of the House of Representatives adopted on the 26th
+ instant, making inquiries relative to a naval force at Hayti.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 2, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate, for the information of the Senate, in confidence, a
+ report of the Secretary of State, accompanied by a copy of a dispatch
+ recently received from the acting consul of the United States at San
+ Jose, Costa Rica.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 2, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I communicate, for the consideration of the Senate, a report from
+ the Secretary of State, accompanied by a copy of a dispatch recently
+ received from the acting United States consul in charge of the legation
+ at San Jose, Costa Rica.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 5, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In further answer to the resolution of the House of Representatives of
+ the 25th of November, 1867, calling for information in relation to the
+ trial and conviction of American citizens in Great Britain and Ireland
+ for the last two years, I transmit the accompanying report from the
+ Secretary of State upon the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 8, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the resolution of the Senate of the 28th ultimo, I
+ transmit herewith a communication from the Postmaster-General, with a
+ copy of the correspondence recently had with the authorities of Great
+ Britain in relation to a new postal treaty.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C. <i>June 10, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In reply to the resolution of the House of Representatives of the
+ 1st instant, I transmit herewith a report from the Secretary of the
+ Interior, in reference to a treaty now being negotiated between the
+ Great and Little Osage Indians and the special Indian commissioners
+ acting on the part of the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C. <i>June 13, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith submit to the Senate, for its constitutional action thereon,
+ a treaty concluded on the 27th ultimo between commissioners on the part
+ of the United States and the Great and Little Osage tribe of Indians of
+ Kansas, together with a communication from the Secretary of the Interior
+ suggesting an amendment to the fourteenth article, and a copy of the
+ report of the commissioners.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 15, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Interior, made in
+ reply to the resolution adopted by the House of Representatives on the
+ 13th instant.
+</p>
+<p>
+ The treaty recently concluded with the Great and Little Osage Indians,
+ to which the accompanying report refers, was submitted to the Senate
+ prior to the receipt of the resolution of the House upon the subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to its
+ ratification, a treaty between the United States and His Majesty the
+ King of Bavaria, signed at Munich on the 26th ultimo, concerning the
+ citizenship of persons emigrating from Bavaria to the United States and
+ from the United States to the Kingdom of Bavaria. I transmit also a copy
+ of the letter of the United States minister communicating the treaty, of
+ the protocol which accompanied it, and a translation of the Bavarian
+ military law referred to in the latter paper.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 20, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith transmit to the Senate, for its constitutional action
+ thereon, a treaty concluded at Fort Sumner, N. Mex., on the 1st instant,
+ between Lieutenant-General W. T. Sherman and Colonel Samuel F. Tappan,
+ on the part of the United States, and the chiefs and headmen of the
+ Navajo Indians, on the part of the latter. I also transmit a communication
+ upon the subject from the Secretary of the Interior, with the accompanying
+ papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 22, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 28th
+ ultimo, a report from the Secretary of State, with accompanying
+ papers.<a href="#note-67"><small>67</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 23, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit a report from the Secretary of State, in answer to a
+ resolution of the House of Representatives of the 15th instant, upon the
+ subject of Messrs. Warren and Costello, who have been convicted and
+ sentenced to penal imprisonment in Great Britain.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 23, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate a copy of a dispatch addressed to the
+ Department of State by the consul of the United States at Bangkok,
+ Siam, dated December 31, 1867, with a view to its consideration and
+ the ratification thereof, of the modification proposed by the royal
+ counselors of the Kingdom of Siam in Article I of the general
+ regulations which form a part of the treaty between the United States
+ and that Kingdom concluded May 29, 1856, of which a printed copy is
+ also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>June 29, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a dispatch from the United States
+ consul at Elsinore, and of an instruction from the Secretary of State
+ to the United States minister at Copenhagen, relative to an alleged
+ practice of the Danish authorities to banish convicts to this country.
+ The expediency of making it a penal offense to bring such persons to
+ the United States is submitted to your consideration.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 2, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of State of the 2d
+ instant, together with accompanying papers.<a href="#note-68"><small>68</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 7, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded at Fort Laramie, Dakota Territory, on the 7th of May,
+ 1868, between the United States and the chiefs and headmen of the Crow
+ Indians of Montana, and a treaty concluded at Fort Lyaramie, Dakota
+ Territory, on the 10th of May, 1868, between the United States and the
+ chiefs and headmen of the Northern Cheyenne and Northern Arapahoe tribes
+ of Indians.
+</p>
+<p>
+ A letter from the Secretary of the Interior suggesting amendments to
+ said treaties, and the papers to which he refers in his communication,
+ are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 7, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty made and concluded at Ottawa, Kans., on the 1st day of June,
+ 1868, between the United States and the Swan Creek and Black River
+ Chippewas and the Munsee or Christian Indians of the State of Kansas.
+</p>
+<p>
+ Accompanying the treaty is a letter from the Secretary of the Interior,
+ dated the 30th ultimo, together with the papers therein designated.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 9, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for consideration with a view to ratification,
+ additional articles to the treaty between the United States and His
+ Majesty the Emperor of China of the 18th June, 1858, signed in this city
+ on the 4th instant by the plenipotentiaries of the parties.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for consideration with a view to ratification,
+ a convention between the United States and the Mexican Republic, signed
+ in this city by the plenipotentiaries of the parties on the 4th instant,
+ providing for an adjustment of claims of citizens of the United States
+ on the Mexican Government and of Mexican citizens on the Government of
+ the United States.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 10, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Referring to my message to the Senate of the 23d of May last, I herewith
+ transmit a further report from the Secretary of State, with an
+ accompanying document, relative to late occurrences in Japan.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 14, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate a report from the Secretary of State, inclosing
+ a list of the States of the Union whose legislatures have ratified the
+ proposed fourteenth article of amendment to the Constitution of the
+ United States, and also a copy of the resolutions of ratification, as
+ called for in the Senate's resolution of the 9th instant, together with
+ a copy of the respective resolutions of the legislatures of Ohio and New
+ Jersey purporting to rescind the resolutions of ratification of said
+ amendment which had previously been adopted by the legislatures of these
+ two States, respectively, or to withdraw their consent to the same.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 15, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I hereby transmit to Congress a report, with the accompanying
+ papers, received from the Secretary of State, in compliance with the
+ requirements of the eighteenth section of the act entitled "An act to
+ regulate the diplomatic and consular systems of the United States,"
+ approved August 18, 1856.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 15, 1868</i>.
+</p>
+<p>
+ <i>To the Congress of the United States</i>:
+</p>
+<p>
+ I submit herewith a correspondence between the Secretary of State and
+ Mr. Robert B. Van Valkenburgh, minister resident of the United States
+ in Japan. It seems to show the importance of an amendment of the law
+ of the United States prohibiting the cooly trade.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 17, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in compliance with its resolution of the 9th
+ instant, a report from the Secretary of State, communicating a copy of a
+ paper received by him to-day, purporting to be a resolution ratifying on
+ the part of the State of Louisiana the proposed amendment to the
+ Constitution of the United States known as Article XIV.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 18, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in compliance with its resolution of the 9th
+ instant, a report from the Secretary of State, communicating a copy of a
+ paper received by me on the 18th instant, purporting to be a resolution
+ of the senate and house of representatives of the State of South
+ Carolina, ratifying the proposed amendment to the Constitution of the
+ United States known as Article XIV.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 18, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Experience has fully demonstrated the wisdom of the framers of the
+ Federal Constitution. Under all circumstances the result of their
+ labors was as near an approximation to perfection as was compatible
+ with the fallibility of man. Such being the estimation in which the
+ Constitution is and has ever been held by our countrymen, it is not
+ surprising that any proposition for its alteration or amendment should
+ be received with reluctance and distrust. While this sentiment deserves
+ commendation and encouragement as a useful preventive of unnecessary
+ attempt to change its provisions, it must be conceded that time has
+ developed imperfections and omissions in the Constitution, the
+ reformation of which has been demanded by the best interests of the
+ country. Some of these have been remedied in the manner provided in
+ the Constitution itself. There are others which, although heretofore
+ brought to the attention of the people, have never been so presented
+ as to enable the popular judgment to determine whether they should
+ be corrected by means of additional amendments. My object in this
+ communication is to suggest certain defects in the Constitution which
+ seem to me to require correction, and to recommend that the judgment
+ of the people be taken on the amendments proposed.
+</p>
+<p>
+ The first of the defects to which I desire to direct attention is in
+ that clause of the Constitution which provides for the election of
+ President and Vice-President through the intervention of electors, and
+ not by an immediate vote of the people. The importance of so amending
+ this clause as to secure to the people the election of President and
+ Vice-President by their direct votes was urged with great earnestness
+ and ability by President Jackson in his first annual message, and the
+ recommendation was repeated in five of his subsequent communications to
+ Congress, extending through the eight years of his Administration. In
+ his message of 1829 he said:
+</p>
+<p class="q">
+ To the people belongs the right of electing their Chief Magistrate; it
+ was never designed that their choice should in any case be defeated,
+ either by the intervention of electoral colleges or by the agency
+ confided, under certain contingencies, to the House of Representatives.
+</p>
+<p>
+ He then proceeded to state the objections to an election of President
+ by the House of Representatives, the most important of which was that
+ the choice of a clear majority of the people might be easily defeated.
+ He then closed the argument with the following communication:
+</p>
+<p class="q">
+ I would therefore recommend such an amendment of the Constitution as
+ may remove all intermediate agency in the election of the President and
+ Vice-President. The mode may be so regulated as to preserve to each
+ State its present relative weight in the election, and a failure in the
+ first attempt may be provided for by confining the second to a choice
+ between the two highest candidates. In connection with such an amendment
+ it would seem advisable to limit the service of the Chief Magistrate to
+ a single term of either four or six years. If, however, it should not be
+ adopted, it is worthy of consideration whether a provision disqualifying
+ for office the Representatives in Congress on whom such an election may
+ have devolved would not be proper.
+</p>
+<p>
+ Although this recommendation was repeated with undiminished
+ earnestness in several of his succeeding messages, yet the proposed
+ amendment was never adopted and submitted to the people by Congress. The
+ danger of a defeat of the people's choice in an election by the House of
+ Representatives remains unprovided for in the Constitution, and would
+ be greatly increased if the House of Representatives should assume the
+ power arbitrarily to reject the votes of a State which might not be
+ cast in conformity with the wishes of the majority in that body.
+</p>
+<p>
+ But if President Jackson failed to secure the amendment to the
+ Constitution which he urged so persistently, his arguments contributed
+ largely to the formation of party organizations, which have effectually
+ avoided the contingency of an election by the House of Representatives.
+ These organizations, first by a resort to the caucus system of
+ nominating candidates, and afterwards to State and national conventions,
+ have been successful in so limiting the number of candidates as to
+ escape the danger of an election by the House of Representatives.
+</p>
+<p>
+ It is clear, however, that in thus limiting the number of candidates
+ the true object and spirit of the Constitution have been evaded and
+ defeated. It is an essential feature in our republican system of
+ government that every citizen possessing the constitutional
+ qualifications has a right to become a candidate for the office of
+ President and Vice-President, and that every qualified elector has a
+ right to cast his vote for any citizen whom he may regard as worthy of
+ these offices. But under the party organizations which have prevailed
+ for years these asserted rights of the people have been as effectually
+ cut off and destroyed as if the Constitution itself had inhibited their
+ exercise.
+</p>
+<p>
+ The danger of a defeat of the popular choice in an election by the House
+ of Representatives is no greater than in an election made nominally by
+ the people themselves, when by the laws of party organizations and by
+ the constitutional provisions requiring the people to vote for electors
+ instead of for the President or Vice-President it is made impracticable
+ for any citizen to be a candidate except through the process of a party
+ nomination, and for any voter to cast his suffrage for any other person
+ than one thus brought forward through the manipulations of a nominating
+ convention. It is thus apparent that by means of party organizations
+ that provision of the Constitution which requires the election of
+ President and Vice-President to be made through the electoral colleges
+ has been made instrumental and potential in defeating the great object
+ of conferring the choice of these officers upon the people. It may be
+ conceded that party organizations are inseparable from republican
+ government, and that when formed and managed in subordination to the
+ Constitution they may be valuable safeguards of popular liberty; but
+ when they are perverted to purposes of bad ambition they are liable
+ to become the dangerous instruments of overthrowing the Constitution
+ itself. Strongly impressed with the truth of these views, I feel
+ called upon by an imperative sense of duty to revive substantially the
+ recommendation so often and so earnestly made by President Jackson,
+ and to urge that the amendment to the Constitution herewith presented,
+ or some similar proposition, may be submitted to the people for their
+ ratification or rejection.
+</p>
+<p>
+ Recent events have shown the necessity of an amendment to the
+ Constitution distinctly defining the persons who shall discharge the
+ duties of President of the United States in the event of a vacancy in
+ that office by the death, resignation, or removal of both the President
+ and Vice-President. It is clear that this should be fixed by the
+ Constitution, and not be left to repealable enactments of doubtful
+ constitutionality. It occurs to me that in the event of a vacancy in the
+ office of President by the death, resignation, disability, or removal of
+ both the President and Vice-President the duties of the office should
+ devolve upon an officer of the executive department of the Government,
+ rather than one connected with the legislative or judicial departments.
+ The objections to designating either the President <i>pro tempore</i> of
+ the Senate or the Chief Justice of the Supreme Court, especially
+ in the event of a vacancy produced by removal, are so obvious and so
+ unanswerable that they need not be stated in detail. It is enough
+ to state that they are both interested in producing a vacancy, and,
+ according to the provisions of the Constitution, are members of the
+ tribunal by whose decree a vacancy may be produced.
+</p>
+<p>
+ Under such circumstances the impropriety of designating either
+ of these officers to succeed the President so removed is palpable.
+ The framers of the Constitution, when they referred to Congress the
+ settlement of the succession to the office of President in the event of
+ a vacancy in the offices of both President and Vice-President, did not,
+ in my opinion, contemplate the designation of any other than an officer
+ of the executive department, on whom, in such a contingency, the powers
+ and duties of the President should devolve. Until recently the
+ contingency has been remote, and serious attention has not been called
+ to the manifest incongruity between the provisions of the Constitution
+ on this subject and the act of Congress of 1792. Having, however, been
+ brought almost face to face with this important question, it seems an
+ eminently proper time for us to make the legislation conform to the
+ language, intent, and theory of the Constitution, and thus place the
+ executive department beyond the reach of usurpation, and remove from the
+ legislative and judicial departments every temptation to combine for the
+ absorption of all the powers of government.
+</p>
+<p>
+ It has occurred to me that in the event of such a vacancy the duties of
+ President would devolve most appropriately upon some one of the heads of
+ the several Executive Departments, and under this conviction I present
+ for your consideration an amendment to the Constitution on this subject,
+ with the recommendation that it be submitted to the people for their
+ action.
+</p>
+<p>
+ Experience seems to have established the necessity of an amendment
+ of that clause of the Constitution which provides for the election of
+ Senators to Congress by the legislatures of the several States. It would
+ be more consistent with the genius of our form of government if the
+ Senators were chosen directly by the people of the several States.
+ The objections to the election of Senators by the legislatures are
+ so palpable that I deem it unnecessary to do more than submit the
+ proposition for such an amendment, with the recommendation that it
+ be opened to the people for their judgment.
+</p>
+<p>
+ It is strongly impressed on my mind that the tenure of office by
+ the judiciary of the United States during good behavior for life is
+ incompatible with the spirit of republican government, and in this
+ opinion I am fully sustained by the evidence of popular judgment upon
+ this subject in the different States of the Union.
+</p>
+<p>
+ I therefore deem it my duty to recommend an amendment to the
+ Constitution by which the terms of the judicial officers would be
+ limited to a period of years, and I herewith present it in the hope that
+ Congress will submit it to the people for their decision.
+</p>
+<p>
+ The foregoing views have long been entertained by me. In 1845, in the
+ House of Representatives, and afterwards, in 1860, in the Senate of the
+ United States, I submitted substantially the same propositions as those
+ to which the attention of Congress is herein invited. Time, observation,
+ and experience have confirmed these convictions; and, as a matter of
+ public duty and a deep sense of my constitutional obligation "to
+ recommend to the consideration of Congress such measures as I deem
+ necessary and expedient," I submit the accompanying propositions, and
+ urge their adoption and submission to the judgment of the people.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p class="q">
+ JOINT RESOLUTION proposing amendments to the Constitution of the
+ United States.
+</p><p class="q">
+ Whereas the fifth article of the Constitution of the United States
+ provides for amendments thereto in the manner following, viz:
+</p><p class="q">
+ "The Congress, whenever two-thirds of both Houses shall deem it
+ necessary, shall propose amendments to this Constitution, or, on the
+ application of the legislatures of two-thirds of the several States,
+ shall call a convention for proposing amendments, which in either case
+ shall be valid to all intents and purposes as part of this Constitution
+ when ratified by the legislatures of three-fourths of the several States
+ or by conventions in three-fourths thereof, as the one or the other mode
+ of ratification may be proposed by the Congress: <i>Provided</i>, That no
+ amendment which may be made prior to the year 1808 shall in any manner
+ affect the first and fourth clauses in the ninth section of the first
+ article, and that no State, without its consent, shall be deprived of
+ its equal suffrage in the Senate:"
+</p><p class="q">
+ Therefore,
+</p><p class="q">
+ <i>Be it resolved by the Senate and House of Representatives of the United
+ States of America in Congress assembled (two-thirds of both Houses
+ concurring</i>), That the following amendments to the Constitution of the
+ United States be proposed to the legislatures of the several States,
+ which, when ratified by the legislatures of three-fourths of the States,
+ shall be valid to all intents and purposes as part of the Constitution:
+</p><p class="q">
+ "That hereafter the President and Vice-President of the United States
+ shall be chosen for the term of six years, by the people of the
+ respective States, in the manner following: Each State shall be divided
+ by the legislature thereof in districts, equal in number to the whole
+ number of Senators and Representatives to which such State may be
+ entitled in the Congress of the United States; the said districts to
+ be composed of contiguous territory, and to contain, as nearly as may
+ be, an equal number of persons entitled to be represented under the
+ Constitution, and to be laid off for the first time immediately after
+ the ratification of this amendment; that on the first Thursday in August
+ in the year 18&mdash;, and on the same day every sixth year thereafter, the
+ citizens of each State who possess the qualifications requisite for
+ electors of the most numerous branch of the State legislatures shall
+ meet within their respective districts and vote for a President and
+ Vice-President of the United States; and the person receiving the
+ greatest number of votes for President and the one receiving the
+ greatest number of votes for Vice-President in each district shall
+ be holden to have received one vote, which fact shall be immediately
+ certified by the governor of the State to each of the Senators in
+ Congress from such State and to the President of the Senate and the
+ Speaker of the House of Representatives. The Congress of the United
+ States shall be in session on the second Monday in October in the year
+ 18&mdash;, and on the same day in every sixth year thereafter; and the
+ President of the Senate, in the presence of the Senate and House of
+ Representatives, shall open all the certificates, and the votes shall
+ then be counted. The person having the greatest number of votes for
+ President shall be President, if such number be equal to a majority of
+ the whole number of votes given; but if no person have such majority,
+ then a second election shall be held on the first Thursday in the month
+ of December then next ensuing between the persons having the two highest
+ numbers for the office of President, which second election shall be
+ conducted, the result certified, and the votes counted in the same
+ manner as in the first, and the person having the greatest number of
+ votes for President shall be President. But if two or more persons shall
+ have received the greatest and an equal number of votes at the second
+ election, then the person who shall have received the greatest number of
+ votes in the greatest number of States shall be President. The person
+ having the greatest number of votes for Vice-President at the first
+ election shall be Vice-President, if such number be equal to a majority
+ of the whole number of votes given; and if no person have such majority,
+ then a second election shall take place between the persons having the
+ two highest numbers on the same day that the second election is held for
+ President, and the person having the highest number of the votes for
+ Vice-President shall be Vice-President. But if there should happen to
+ be an equality of votes between the persons so voted for at the second
+ election, then the person having the greatest number of votes in the
+ greatest number of States shall be Vice-President. But when a second
+ election shall be necessary in the case of Vice-President and not
+ necessary in the case of President, then the Senate shall choose a
+ Vice-President from the persons having the two highest numbers in the
+ first election, as now prescribed in the Constitution: <i>Provided</i>,
+ That after the ratification of this amendment to the Constitution the
+ President and Vice-President shall hold their offices, respectively, for
+ the term of six years, and that no President or Vice-President shall be
+ eligible for reelection to a second term."
+</p><p class="q">
+ Sec. 2. <i>And be it further resolved</i>, That Article II, section I,
+ paragraph 6, of the Constitution of the United States shall be amended
+ so as to read as follows:
+</p><p class="q">
+ "In case of the removal of the President from office, or of his death,
+ resignation, or inability to discharge the powers and duties of said
+ office, the same shall devolve on the Vice-President; and in the case of
+ the removal, death, resignation, or inability both of the President and
+ Vice-President, the powers and duties of said office shall devolve on
+ the Secretary of State for the time being, and after this officer, in
+ case of vacancy in that or other Department, and in the order in which
+ they are named, on the Secretary of the Treasury, on the Secretary of
+ War, on the Secretary of the Navy, on the Secretary of the Interior, on
+ the Postmaster-General, and on the Attorney-General; and such officer,
+ on whom the powers and duties of President shall devolve in accordance
+ with the foregoing provisions, shall then act as President until the
+ disability shall be removed or a President shall be elected, as is or
+ may be provided for by law."
+</p><p class="q">
+ Sec. 3. <i>And be it further resolved</i>, That Article I, section 3, be
+ amended by striking out the word "legislature," and inserting in lieu
+ thereof the following words, viz: "Persons qualified to vote for members
+ of the most numerous branch of the legislature," so as to make the third
+ section of said article, when ratified by three-fourths of the States,
+ read as follows, to wit:
+</p><p class="q">
+ "The Senate of the United States shall be composed of two Senators from
+ each State, chosen by the persons qualified to vote for the members of
+ the most numerous branch of the legislature thereof, for six years, and
+ each Senator shall have one vote."
+</p><p class="q">
+ Sec. 4. <i>And be it further resolved</i>, That Article III, section I, be
+ amended by striking out the words "good behavior," and inserting the
+ following words, viz: "the term of twelve years." And further, that said
+ article and section be amended by adding the following thereto, viz:
+ "And it shall be the duty of the President of the United States, within
+ twelve months after the ratification of this amendment by three-fourths
+ of all the States, as provided by the Constitution of the United States,
+ to divide the whole number of judges, as near as may be practicable,
+ into three classes. The seats of the judges of the first class shall be
+ vacated at the expiration of the fourth year from such classification,
+ of the second class at the expiration of the eighth year, and of the
+ third class at the expiration of the twelfth year, so that one-third may
+ be chosen every fourth year thereafter."
+</p><p class="q">
+ The article as amended will read as follows:
+</p><p class="q">
+ Article III.
+</p><p class="q">
+ Sec. I. The judicial power of the United States shall be vested in one
+ Supreme Court and such inferior courts as the Congress from time to time
+ may ordain and establish. The judges, both of the Supreme and inferior
+ courts, shall hold their offices during the term of twelve years, and
+ shall at stated times receive for their services a compensation which
+ shall not be diminished during their continuance in office; and it shall
+ be the duty of the President of the United States, within twelve months
+ after the ratification of this amendment by three-fourths of all the
+ States, as provided by the Constitution of the United States, to divide
+ the whole number of judges, as near as may be practicable, into three
+ classes. The seats of the judges of the first class shall be vacated at
+ the expiration of the fourth year from such classification; of the
+ second class, at the expiration of the eighth year; and of the third
+ class, at the expiration of the twelfth year, so that one-third may be
+ chosen every fourth year thereafter.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 18, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In compliance with the resolution adopted by the House of Representatives
+ on the 13th instant, requesting "copies of all instructions, records,
+ and correspondence connected with the commission authorized to negotiate
+ the late treaty with the Great and Little Osage Indians, and copies of
+ all propositions made to said commission from railroad corporations or
+ by individuals," I transmit the accompanying communications from the
+ Secretary of the Interior, together with the papers to which they have
+ reference.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 20, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in compliance with its resolution of the 9th
+ instant, a report from the Secretary of State, communicating a copy of
+ a paper received by me this day, purporting to be a resolution of the
+ senate and house of representatives of the State of Alabama ratifying
+ the proposed amendment to the Constitution of the United States known
+ as Article XIV.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 24, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a letter from the Secretary of the Navy, inclosing a
+ report of a board of naval officers appointed in pursuance of an act of
+ Congress approved May 19, 1868, to select suitable locations for powder
+ magazines.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 27, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their
+ resolution of the 24th instant, the accompanying report<a href="#note-69"><small>69</small></a> from the
+ Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, D.C., <i>March 25, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have considered, with such care as the pressure of other duties has
+ permitted, a bill entitled "An act to amend an act entitled 'An act to
+ amend the judiciary act, passed the 24th of September, 1789.'" Not being
+ able to approve all of its provisions, I herewith return it to the
+ Senate, in which House it originated, with a brief statement of my
+ objections.
+</p>
+<p>
+ The first section of the bill meets my approbation, as, for the purpose
+ of protecting the rights of property from the erroneous decision of
+ inferior judicial tribunals, it provides means for obtaining uniformity,
+ by appeal to the Supreme Court of the United States, in cases which have
+ now become very numerous and of much public interest, and in which such
+ remedy is not now allowed. The second section, however, takes away the
+ right of appeal to that court in cases which involve the life and
+ liberty of the citizen, and leaves them exposed to the judgment of
+ numerous inferior tribunals. It is apparent that the two sections were
+ conceived in a very different spirit, and I regret that my objections
+ to one impose upon me the necessity of withholding my sanction from the
+ other.
+</p>
+<p>
+ I can not give my assent to a measure which proposes to deprive
+ any person "restrained of his or her liberty in violation of the
+ Constitution or of any treaty or law of the United States" from
+ the right of appeal to the highest judicial authority known to our
+ Government. To "secure the blessings of liberty to ourselves and our
+ posterity" is one of the declared objects of the Federal Constitution.
+ To assure these, guaranties are provided in the same instrument, as well
+ against "unreasonable searches and seizures" as against the suspensions
+ of "the privilege of the writ of <i>habeas corpus</i>, * * * unless when, in
+ cases of rebellion or invasion, the public safety may require it." It
+ was doubtless to afford the people the means of protecting and enforcing
+ these inestimable privileges that the jurisdiction which this bill
+ proposes to take away was conferred upon the Supreme Court of the
+ nation. The act conferring that jurisdiction was approved on the 5th day
+ of February, 1867, with a full knowledge of the motives that prompted its
+ passage, and because it was believed to be necessary and right. Nothing
+ has since occurred to disprove the wisdom and justness of the measures,
+ and to modify it as now proposed would be to lessen the protection of
+ the citizen from the exercise of arbitrary power and to weaken the
+ safeguards of life and liberty, which can never be made too secure
+ against illegal encroachments.
+</p>
+<p>
+ The bill not only prohibits the adjudication by the Supreme Court
+ of cases in which appeals may hereafter be taken, but interdicts its
+ jurisdiction on appeals which have already been made to that high
+ judicial body. If, therefore, it should become a law, it will by its
+ retroactive operation wrest from the citizen a remedy which he enjoyed
+ at the time of his appeal. It will thus operate most harshly upon those
+ who believe that justice has been denied them in the inferior courts.
+</p>
+<p>
+ The legislation proposed in the second section, it seems to me, is not
+ in harmony with the spirit and intention of the Constitution. It can
+ not fail to affect most injuriously the just equipoise of our system
+ of Government, for it establishes a precedent which, if followed, may
+ eventually sweep away every check on arbitrary and unconstitutional
+ legislation. Thus far during the existence of the Government the Supreme
+ Court of the United States has been viewed by the people as the true
+ expounder of their Constitution, and in the most violent party conflicts
+ its judgments and decrees have always been sought and deferred to with
+ confidence and respect. In public estimation it combines judicial wisdom
+ and impartiality in a greater degree than any other authority known to
+ the Constitution, and any act which may be construed into or mistaken
+ for an attempt to prevent or evade its decision on a question which
+ affects the liberty of the citizens and agitates the country can
+ not fail to be attended with unpropitious consequences. It will be
+ justly held by a large portion of the people as an admission of the
+ unconstitutionally of the act on which its judgment may be forbidden or
+ forestalled, and may interfere with that willing acquiescence in its
+ provisions which is necessary for the harmonious and efficient execution
+ of any law.
+</p>
+<p>
+ For these reasons, thus briefly and imperfectly stated, and for others,
+ of which want of time forbids the enumeration, I deem it my duty to
+ withhold my assent from this bill, and to return it for the
+ reconsideration of Congress.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 20, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I return without my signature a bill entitled "An act to admit the State
+ of Arkansas to representation in Congress."
+</p>
+<p>
+ The approval of this bill would be an admission on the part of the
+ Executive that the "Act for the more efficient government of the rebel
+ States," passed March 2, 1867, and the acts supplementary thereto were
+ proper and constitutional. My opinion, however, in reference to those
+ measures has undergone no change, but, on the contrary, has been
+ strengthened by the results which have attended their execution. Even
+ were this not the case, I could not consent to a bill which is based
+ upon the assumption either that by an act of rebellion of a portion
+ of its people the State of Arkansas seceded from the Union, or that
+ Congress may at its pleasure expel or exclude a State from the Union,
+ or interrupt its relations with the Government by arbitrarily depriving
+ it of representation in the Senate and House of Representatives. If
+ Arkansas is a State not in the Union, this bill does not admit it as
+ a State into the Union. If, on the other hand, Arkansas is a State
+ in the Union, no legislation is necessary to declare it entitled
+ "to representation in Congress as one of the States of the Union." The
+ Constitution already declares that "each State shall have at least one
+ Representative;" that the Senate "shall be composed of two Senators from
+ each State," and "that no State, without its consent, shall be deprived
+ of its equal suffrage in the Senate."
+</p>
+<p>
+ That instrument also makes each House "the judge of the elections,
+ returns, and qualifications of its own members," and therefore all that
+ is now necessary to restore Arkansas in all its constitutional relations
+ to the Government is a decision by each House upon the eligibility of
+ those who, presenting their credentials, claim seats in the respective
+ Houses of Congress. This is the plain and simple plan of the
+ Constitution; and believing that had it been pursued when Congress
+ assembled in the month of December, 1865, the restoration of the States
+ would long since have been completed, I once again earnestly recommend
+ that it be adopted by each House in preference to legislation, which I
+ respectfully submit is not only of at least doubtful constitutionality,
+ and therefore unwise and dangerous as a precedent, but is unnecessary,
+ not so effective in its operation as the mode prescribed by the
+ Constitution, involves additional delay, and from its terms may be taken
+ rather as applicable to a Territory about to be admitted as one of the
+ United States than to a State which has occupied a place in the Union
+ for upward of a quarter of a century.
+</p>
+<p>
+ The bill declares the State of Arkansas entitled and admitted to
+ representation in Congress as one of the States of the Union upon the
+ following fundamental condition:
+</p>
+<p class="q">
+ That the constitution of Arkansas shall never be so amended or changed
+ as to deprive any citizen or class of citizens of the United States of
+ the right to vote who are entitled to vote by the constitution herein
+ recognized, except as a punishment for such crimes as are now felonies
+ at common law, whereof they shall have been duly convicted under laws
+ equally applicable to all the inhabitants of said State: <i>Provided</i>,
+ That any alteration of said constitution, prospective in its effect,
+ may be made in regard to the time and place of residence of voters.
+</p>
+<p>
+ I have been unable to find in the Constitution of the United States any
+ warrant for the exercise of the authority thus claimed by Congress.
+ In assuming the power to impose a "fundamental condition" upon a State
+ which has been duly "admitted into the Union upon an equal footing with
+ the original States in all respects whatever," Congress asserts a right
+ to enter a State as it may a Territory, and to regulate the highest
+ prerogative of a free people&mdash;the elective franchise. This question is
+ reserved by the Constitution to the States themselves, and to concede
+ to Congress the power to regulate the subject would be to reverse the
+ fundamental principle of the Republic and to place in the hands of the
+ Federal Government, which is the creature of the States, the sovereignty
+ which justly belongs to the States or the people&mdash;the true source of all
+ political power, by whom our Federal system was created and to whose
+ will it is subordinate.
+</p>
+<p>
+ The bill fails to provide in what manner the State of Arkansas is to
+ signify its acceptance of the "fundamental condition" which Congress
+ endeavors to make unalterable and irrevocable. Nor does it prescribe the
+ penalty to be imposed should the people of the State amend or change the
+ particular portions of the constitution which it is one of the purposes
+ of the bill to perpetuate, but as to the consequences of such action
+ leaves them in uncertainty and doubt. When the circumstances under which
+ this constitution has been brought to the attention of Congress are
+ considered, it is not unreasonable to suppose that efforts will be made
+ to modify its provisions, and especially those in respect to which this
+ measure prohibits any alteration. It is seriously questioned whether the
+ constitution has been ratified by a majority of the persons who, under
+ the act of March 2, 1867, and the acts supplementary thereto, were
+ entitled to registration and to vote upon that issue. Section 10 of
+ the schedule provides that&mdash;
+</p>
+<p class="q">
+ No person disqualified from voting or registering under this
+ constitution shall vote for candidates for any office, nor shall be
+ permitted to vote for the ratification or rejection of the constitution
+ at the polls herein authorized.
+</p>
+<p>
+ Assumed to be in force before its adoption, in disregard of the law of
+ Congress, the constitution undertakes to impose upon the elector other
+ and further conditions. The fifth section of the eighth article provides
+ that "all persons, before registering or voting," must take and
+ subscribe an oath which, among others, contains the following clause:
+</p>
+<p class="q">
+ That I accept the civil and political equality of all men, and agree
+ not to attempt to deprive any person or persons, on account of race,
+ color, or previous condition, of any political or civil right,
+ privilege, or immunity enjoyed by any other class of men.
+</p>
+<p>
+ It is well known that a very large portion of the electors in all the
+ States, if not a large majority of all of them, do not believe in or
+ accept the political equality of Indians, Mongolians, or negroes with
+ the race to which they belong. If the voters in many of the States of
+ the North and West were required to take such an oath as a test of their
+ qualification, there is reason to believe that a majority of them would
+ remain from the polls rather than comply with its degrading conditions.
+ How far and to what extent this test oath prevented the registration of
+ those who were qualified under the laws of Congress it is not possible
+ to know, but that such was its effect, at least sufficient to overcome
+ the small and doubtful majority in favor of this constitution, there
+ can be no reasonable doubt. Should the people of Arkansas, therefore,
+ desiring to regulate the elective franchise so as to make it conform to
+ the constitutions of a large proportion of the States of the North and
+ West, modify the provisions referred to in the "fundamental condition,"
+ what is to be the consequence? Is it intended that a denial of
+ representation shall follow? And if so, may we not dread, at some future
+ day, a recurrence of the troubles which have so long agitated the
+ country? Would it not be the part of wisdom to take for our guide the
+ Federal Constitution, rather than resort to measures which, looking only
+ to the present, may in a few years renew, in an aggravated form, the
+ strife and bitterness caused by legislation which has proved to be
+ so ill timed and unfortunate?
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>June 25, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In returning to the House of Representatives, in which it originated,
+ a bill entitled "An act to admit the States of North Carolina, South
+ Carolina, Louisiana, Georgia, Alabama, and Florida to representation
+ in Congress," I do not deem it necessary to state at length the reasons
+ which constrain me to withhold my approval. I will not, therefore,
+ undertake at this time to reopen the discussion upon the grave
+ constitutional questions involved in the act of March 2, 1867, and
+ the acts supplementary thereto, in pursuance of which it is claimed,
+ in the preamble to this bill, these States have framed and adopted
+ constitutions of State government. Nor will I repeat the objections
+ contained in my message of the 20th instant, returning without my
+ signature the bill to admit to representation the State of Arkansas,
+ and which are equally applicable to the pending measure.
+</p>
+<p>
+ Like the act recently passed in reference to Arkansas, this bill
+ supersedes the plain and simple mode prescribed by the Constitution
+ for the admission to seats in the respective Houses of Senators and
+ Representatives from the several States. It assumes authority over six
+ States of the Union which has never been delegated to Congress, or is
+ even warranted by previous unconstitutional legislation upon the subject
+ of restoration. It imposes conditions which are in derogation of the
+ equal rights of the States, and is founded upon a theory which is
+ subversive of the fundamental principles of the Government. In the case
+ of Alabama it violates the plighted faith of Congress by forcing upon
+ that State a constitution which was rejected by the people, according to
+ the express terms of an act of Congress requiring that a majority of the
+ registered electors should vote upon the question of its ratification.
+</p>
+<p>
+ For these objections, and many others that might be presented, I can not
+ approve this bill, and therefore return it for the action of Congress
+ required in such cases by the Federal Constitution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>July 20, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I have given to the joint resolution entitled "A resolution excluding
+ from the electoral college the votes of States lately in rebellion which
+ shall not have been reorganized" as careful examination as I have been
+ able to bestow upon the subject during the few days that have intervened
+ since the measure was submitted for my approval.
+</p>
+<p>
+ Feeling constrained to withhold my consent, I herewith return the
+ resolution to the Senate, in which House it originated, with a brief
+ statement of the reasons which have induced my action. This joint
+ resolution is based upon the assumption that some of the States whose
+ inhabitants were lately in rebellion are not now entitled to
+ representation in Congress and participation in the election of
+ President and Vice-President of the United States.
+</p>
+<p>
+ Having heretofore had occasion to give in detail my reasons for
+ dissenting from this view, it is not necessary at this time to repeat
+ them. It is sufficient to state that I continue strong in my conviction
+ that the acts of secession, by which a number of the States sought to
+ dissolve their connection with the other States and to subvert the
+ Union, being unauthorized by the Constitution and in direct violation
+ thereof, were from the beginning absolutely null and void. It follows
+ necessarily that when the rebellion terminated the several States which
+ had attempted to secede continued to be States in the Union, and all
+ that was required to enable them to resume their relations to the Union
+ was that they should adopt the measures necessary to their practical
+ restoration as States. Such measures were adopted, and the legitimate
+ result was that those States, having conformed to all the requirements
+ of the Constitution, resumed their former relations, and became entitled
+ to the exercise of all the rights guaranteed to them by its provisions.
+</p>
+<p>
+ The joint resolution under consideration, however, seems to assume that
+ by the insurrectionary acts of their respective inhabitants those States
+ forfeited their rights as such, and can never again exercise them except
+ upon readmission into the Union on the terms prescribed by Congress.
+ If this position be correct, it follows that they were taken out of the
+ Union by virtue of their acts of secession, and hence that the war waged
+ upon them was illegal and unconstitutional. We would thus be placed in
+ this inconsistent attitude, that while the war was commenced and carried
+ on upon the distinct ground that the Southern States, being component
+ parts of the Union, were in rebellion against the lawful authority of
+ the United States, upon its termination we resort to a policy of
+ reconstruction which assumes that it was not in fact a rebellion, but
+ that the war was waged for the conquest of territories assumed to be
+ outside of the constitutional Union.
+</p>
+<p>
+ The mode and manner of receiving and counting the electoral votes
+ for President and Vice-President of the United States are in plain
+ and simple terms prescribed by the Constitution. That instrument
+ imperatively requires that "the President of the Senate shall, in the
+ presence of the Senate and House of Representatives, open all the
+ certificates, and the votes shall then be counted." Congress has,
+ therefore, no power, under the Constitution, to receive the electoral
+ votes or reject them. The whole power is exhausted when, in the presence
+ of the two Houses, the votes are counted and the result declared.
+ In this respect the power and duty of the President of the Senate are,
+ under the Constitution, purely ministerial. When, therefore, the joint
+ resolution declares that no electoral votes shall be received or counted
+ from States that since the 4th of March, 1867, have not "adopted a
+ constitution of State government under which a State government shall
+ have organized," a power is assumed which is nowhere delegated to
+ Congress, unless upon the assumption that the State governments
+ organized prior to the 4th of March, 1867, were illegal and void.
+</p>
+<p>
+ The joint resolution, by implication at least, concedes that these
+ States were States by virtue of their organization prior to the 4th of
+ March, 1867, but denies to them the right to vote in the election of
+ President and Vice-President of the United States. It follows either
+ that this assumption of power is wholly unauthorized by the Constitution
+ or that the States so excluded from voting were out of the Union by
+ reason of the rebellion, and have never been legitimately restored.
+ Being fully satisfied that they were never out of the Union, and that
+ their relations thereto have been legally and constitutionally restored,
+ I am forced to the conclusion that the joint resolution, which deprives
+ them of the right to have their votes for President and Vice-President
+ received and counted, is in conflict with the Constitution, and that
+ Congress has no more power to reject their votes than those of the
+ States which have been uniformly loyal to the Federal Union.
+</p>
+<p>
+ It is worthy of remark that if the States whose inhabitants were
+ recently in rebellion were legally and constitutionally organized and
+ restored to their rights prior to the 4th of March, 1867, as I am
+ satisfied they were, the only legitimate authority under which the
+ election for President and Vice-President can be held therein must be
+ derived from the governments instituted before that period. It clearly
+ follows that all the State governments organized in those States under
+ act of Congress for that purpose, and under military control, are
+ illegitimate and of no validity whatever; and in that view the votes
+ cast in those States for President and Vice-President, in pursuance
+ of acts passed since the 4th of March, 1867, and in obedience to the
+ so-called reconstruction acts of Congress, can not be legally received
+ and counted, while the only votes in those States that can be legally
+ cast and counted will be those cast in pursuance of the laws in force in
+ the several States prior to the legislation by Congress upon the subject
+ of reconstruction.
+</p>
+<p>
+ I can not refrain from directing your special attention to the
+ declaration contained in the joint resolution, that "none of the
+ States whose inhabitants were lately in rebellion shall be entitled to
+ representation in the electoral college," etc. If it is meant by this
+ declaration that no State is to be allowed to vote for President and
+ Vice-President <i>all</i> of whose inhabitants were engaged in the late
+ rebellion, it is apparent that no one of the States will be excluded
+ from voting, since it is well known that in every Southern State there
+ were many inhabitants who not only did not participate in the rebellion,
+ but who actually took part in the suppression, or refrained from giving
+ it any aid or countenance. I therefore conclude that the true meaning of
+ the joint resolution is that no State a <i>portion</i> of whose inhabitants
+ were engaged in the rebellion shall be permitted to participate in the
+ Presidential election, except upon the terms and conditions therein
+ prescribed.
+</p>
+<p>
+ Assuming this to be the true construction of the resolution, the
+ inquiry becomes pertinent, May those Northern States a portion of
+ whose inhabitants were actually in the rebellion be prevented, at the
+ discretion of Congress, from having their electoral votes counted? It is
+ well known that a portion of the inhabitants of New York and a portion
+ of the inhabitants of Virginia were alike engaged in the rebellion; yet
+ it is equally well known that Virginia, as well as New York, was at all
+ times during the war recognized by the Federal Government as a State
+ in the Union&mdash;so clearly that upon the termination of hostilities it
+ was not even deemed necessary for her restoration that a provisional
+ governor should be appointed; yet, according to this joint resolution,
+ the people of Virginia, unless they comply with the terms it prescribes,
+ are denied the right of voting for President, while the people of
+ New York, a portion of the inhabitants of which State were also in
+ rebellion, are permitted to have their electoral votes counted without
+ undergoing the process of reconstruction prescribed for Virginia. New
+ York is no more a State than Virginia; the one is as much entitled to
+ representation in the electoral college as the other. If Congress has
+ the power to deprive Virginia of this right, it can exercise the same
+ authority with respect to New York or any other of the States. Thus the
+ result of the Presidential election may be controlled and determined
+ by Congress, and the people be deprived of their right under the
+ Constitution to choose a President and Vice-President of the United
+ States.
+</p>
+<p>
+ If Congress were to provide by law that the votes of none of the States
+ should be received and counted if cast for a candidate who differed in
+ political sentiment with a majority of the two Houses, such legislation
+ would at once be condemned by the country as an unconstitutional and
+ revolutionary usurpation of power. It would, however, be exceedingly
+ difficult to find in the Constitution any more authority for the passage
+ of the joint resolution under consideration than for an enactment
+ looking directly to the rejection of all votes not in accordance with
+ the political preferences of a majority of Congress. No power exists
+ in the Constitution authorizing the joint resolution or the supposed
+ law&mdash;the only difference being that one would be more palpably
+ unconstitutional and revolutionary than the other. Both would rest upon
+ the radical error that Congress has the power to prescribe terms and
+ conditions to the right of the people of the States to cast their votes
+ for President and Vice-President.
+</p>
+<p>
+ For the reasons thus indicated I am constrained to return the joint
+ resolution to the Senate for such further action thereon as Congress
+ may deem necessary.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>July 25, 1868</i>
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Believing that a bill entitled "An act relating to the Freedmen's
+ Bureau, and providing for its discontinuance," interferes with the
+ appointing power conferred by the Constitution upon the Executive, and
+ for other reasons, which at this late period of the session time will
+ not permit me to state, I herewith return it to the Senate, in which
+ House it originated, without my approval.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATIONS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas in the month of July, A.D. 1861, in accepting the condition
+ of civil war which was brought about by insurrection and rebellion in
+ several of the States which constitute the United States, the two Houses
+ of Congress did solemnly declare that that war was not waged on the
+ part of the Government in any spirit of oppression, nor for any purpose
+ of conquest or subjugation, nor for any purpose of overthrowing or
+ interfering with the rights or established institutions of the States,
+ but only to defend and maintain the supremacy of the Constitution of the
+ United States and to preserve the Union, with all the dignity, equality,
+ and rights of the several States unimpaired, and that so soon as those
+ objects should be accomplished the war on the part of the Government
+ should cease; and
+</p>
+<p>
+ Whereas the President of the United States has heretofore, in the spirit
+ of that declaration and with the view of securing for it ultimate and
+ complete effect, set forth several proclamations offering amnesty and
+ pardon to persons who had been or were concerned in the aforenamed
+ rebellion, which proclamations, however, were attended with prudential
+ reservations and exceptions then deemed necessary and proper, and which
+ proclamations were respectively issued on the 8th day of December, 1863,
+ on the 26th day of March, 1864, on the 29th day of May, 1865, and on the
+ 7th day of September, 1867; and
+</p>
+<p>
+ Whereas the said lamentable civil war has long since altogether ceased,
+ with an acknowledgment by all the States of the supremacy of the Federal
+ Constitution and of the Government thereunder, and there no longer
+ exists any reasonable ground to apprehend a renewal of the said civil
+ war, or any foreign interference, or any unlawful resistance by any
+ portion of the people of any of the States to the Constitution and laws
+ of the United States; and
+</p>
+<p>
+ Whereas it is desirable to reduce the standing army and to bring to a
+ speedy termination military occupation, martial law, military tribunals,
+ abridgment of the freedom of speech and of the press, and suspension
+ of the privilege of <i>habeas corpus</i> and of the right of trial by jury,
+ such encroachments upon our free institutions in time of peace being
+ dangerous to public liberty, incompatible with the individual rights of
+ the citizen, contrary to the genius and spirit of our republican form
+ of government, and exhaustive of the national resources; and
+</p>
+<p>
+ Whereas it is believed that amnesty and pardon will tend to secure a
+ complete and universal establishment and prevalence of municipal law
+ and order in conformity with the Constitution of the United States,
+ and to remove all appearances or presumptions of a retaliatory or
+ vindictive policy on the part of the Government attended by unnecessary
+ disqualifications, pains, penalties, confiscations, and
+ disfranchisements, and, on the contrary, to promote and procure complete
+ fraternal reconciliation among the whole people, with due submission to
+ the Constitution and laws:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of
+ the United States, do, by virtue of the Constitution and in the
+ name of the people of the United States, hereby proclaim and declare,
+ unconditionally and without reservation, to all and to every person
+ who, directly or indirectly, participated in the late insurrection or
+ rebellion, excepting such person or persons as may be under presentment
+ or indictment in any court of the United States having competent
+ jurisdiction upon a charge of treason or other felony, a full pardon
+ and amnesty for the offense of treason against the United States or of
+ adhering to their enemies during the late civil war, with restoration of
+ all rights of property, except as to slaves, and except also as to any
+ property of which any person may have been legally divested under the
+ laws of the United States.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 4th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of Congress entitled "An act to admit the States of
+ North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+ to representation in Congress," passed on the 25th day of June, 1868,
+ it is declared that it is made the duty of the President, within ten
+ days after receiving official information of the ratification by the
+ legislature of either of said States of a proposed amendment to the
+ Constitution known as article fourteen, to issue a proclamation
+ announcing that fact; and
+</p>
+<p>
+ Whereas the said act seems to be prospective; and
+</p>
+<p>
+ Whereas a paper purporting to be a resolution of the legislature of
+ Florida adopting the amendment of the thirteenth and fourteenth articles
+ of the Constitution of the United States was received at the Department
+ of State on the 16th of June, 1868, prior to the passage of the act of
+ Congress referred to, which paper is attested by the names of Horatio
+ Jenkins, jr., as president <i>pro tempore</i> of the senate, and W.W. Moore
+ as speaker of the assembly, and of William L. Apthoop, as secretary of
+ the senate, and William Forsyth Bynum, as clerk of the assembly, and
+ which paper was transmitted to the Secretary of State in a letter dated
+ Executive Office, Tallahassee, Fla., June 10, 1868, from Harrison Reed,
+ who therein signs himself governor; and
+</p>
+<p>
+ Whereas on the 6th day of July, 1868, a paper was received by the
+ President, which paper, being addressed to the President, bears date of
+ the 4th day of July, 1868, and was transmitted by and under the name of
+ W.W. Holden, who therein writes himself governor of the State of North
+ Carolina, which paper certifies that the said proposed amendment, known
+ as article fourteen, did pass the senate and house of representatives of
+ the general assembly of North Carolina on the 2d day of July instant,
+ and is attested by the names of John H. Boner, or Bower, as secretary
+ of the house of representatives, and T.A. Byrnes, as secretary of the
+ senate; and its ratification on the 4th of July, 1868, is attested by
+ Tod R. Caldwell, as lieutenant-governor, president of the senate, and
+ Jo. W. Holden, as speaker house of representatives:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, in compliance with and execution of the act of
+ Congress aforesaid, do issue this proclamation, announcing the fact of
+ the ratification of the said amendment by the legislature of the State
+ of North Carolina in the manner hereinbefore set forth.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 11th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of Congress entitled "An act to admit the States of
+ North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+ to representation in Congress," passed the 25th day of June, 1868,
+ it is declared that it is made the duty of the President, within ten
+ days after receiving official information of the ratification by the
+ legislature of either of said States of a proposed amendment to the
+ Constitution known as article fourteen, to issue a proclamation
+ announcing that fact; and
+</p>
+<p>
+ Whereas on the 18th day of July, 1868, a letter was received by the
+ President, which letter, being addressed to the President, bears date of
+ July 15, 1868, and was transmitted by and under the name of R.K. Scott,
+ who therein writes himself governor of South Carolina, in which letter
+ was inclosed and received at the same time by the President a paper
+ purporting to be a resolution of the senate and house of representatives
+ of the general assembly of the State of South Carolina ratifying the
+ said proposed amendment, and also purporting to have passed the two said
+ houses, respectively, on the 7th and 9th of July, 1868, and to have been
+ approved by the said R.K. Scott, as governor of said State, on the 15th
+ of July, 1868, which circumstances are attested by the signatures of
+ D.T. Corbin, as president <i>pro tempore</i> of the senate, and of F.J.
+ Moses, jr., as speaker of the house of representatives of said State,
+ and of the said R.K. Scott, as governor:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, in compliance with and execution of the act of
+ Congress aforesaid, do issue this my proclamation, announcing the fact
+ of the ratification of the said amendment by the legislature of the
+ State of South Carolina in the manner hereinbefore set forth.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 18th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of Congress entitled "An act to admit the States of
+ North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+ to representation in Congress," passed on the 25th day of June, 1868,
+ it is declared that it is made the duty of the President, within ten
+ days after receiving official information of the ratification by the
+ legislature of either of said States of a proposed amendment to the
+ Constitution known as article fourteen, to issue a proclamation
+ announcing that fact; and
+</p>
+<p>
+ Whereas a paper was received at the Department of State on the 17th day
+ of July, 1868, which paper, bearing date of the 9th day of July, 1868,
+ purports to be a resolution of the senate and house of representatives
+ of the State of Louisiana in general assembly convened ratifying the
+ aforesaid amendment, and is attested by the signature of George E.
+ Bovee, as secretary of state, under a seal purporting to be the seal
+ of the State of Louisiana:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, in compliance with and execution of the act of
+ Congress before mentioned, do issue this my proclamation, announcing the
+ fact of the ratification of the said amendment by the legislature of the
+ State of Louisiana in the manner hereinbefore set forth.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereto affixed,
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 18th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of Congress entitled "An act to admit the States of
+ North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+ to representation in Congress," passed the 25th day of June, 1868,
+ it is declared that it is made the duty of the President, within ten
+ days after receiving official information of the ratification by the
+ legislature of either of said States of a proposed amendment to the
+ Constitution known as article fourteen, to issue a proclamation
+ announcing that fact; and
+</p>
+<p>
+ Whereas a letter was received this day by the President, which letter,
+ being addressed to the President, bears date of July 16, 1868, and was
+ transmitted by and under the name of William H. Smith, who therein
+ writes himself governor of Alabama, in which letter was inclosed and
+ received at the same time by the President a paper purporting to be a
+ resolution of the senate and house of representatives of the general
+ assembly of the State of Alabama ratifying the said proposed amendment,
+ which paper is attested by the signature of Charles A. Miller, as
+ secretary of state, under a seal purporting to be the seal of the State
+ of Alabama, and bears the date of approval of July 13, 1868, by William
+ H. Smith, as governor of said State:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, in compliance with and execution of the act of
+ Congress before mentioned, do issue this my proclamation, announcing the
+ fact of the ratification of the said amendment by the legislature of the
+ State of Alabama in the manner hereinbefore set forth.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 20th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas by an act of Congress entitled "An act to admit the States of
+ North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+ to representation in Congress," passed the 25th day of June, 1868,
+ it is declared that it is made the duty of the President, within ten
+ days after receiving official information of the ratification by the
+ legislature of either of said States of a proposed amendment to the
+ Constitution known as article fourteen, to issue a proclamation
+ announcing that fact; and
+</p>
+<p>
+ Whereas a paper was received at the Department of State this 27th day of
+ July, 1868, purporting to be a joint resolution of the senate and house
+ of representatives of the general assembly of the State of Georgia,
+ ratifying the said proposed amendment and also purporting to have passed
+ the two said houses, respectively, on the 21st of July, 1868, and to
+ have been approved by Rufus B. Bullock, who therein signs himself
+ governor of Georgia, which paper is also attested by the signatures of
+ Benjamin Conley, as president of the senate, and R.L. McWhorters, as
+ speaker of the house of representatives, and is further attested by the
+ signatures of A.E. Marshall, as secretary of the senate, and M.A.
+ Hardin, as clerk of the house of representatives:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States of America, in compliance with and execution of the act of
+ Congress before mentioned, do issue this my proclamation, announcing the
+ fact of the ratification of the said amendment by the legislature of the
+ State of Georgia in the manner hereinbefore set forth.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 27th day of July, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p><p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ In the year which is now drawing to its end the art, the skill, and the
+ labor of the people of the United States have been employed with greater
+ diligence and vigor and on broader fields than ever before, and the
+ fruits of the earth have been gathered into the granary and the
+ storehouse in marvelous abundance. Our highways have been lengthened,
+ and new and prolific regions have been occupied. We are permitted to
+ hope that long-protracted political and sectional dissensions are at no
+ distant day to give place to returning harmony and fraternal affection
+ throughout the Republic. Many foreign states have entered into liberal
+ agreements with us, while nations which are far off and which heretofore
+ have been unsocial and exclusive have become our friends.
+</p>
+<p>
+ The annual period of rest, which we have reached in health and
+ tranquillity, and which is crowned with so many blessings, is by
+ universal consent a convenient and suitable one for cultivating personal
+ piety and practicing public devotion.
+</p>
+<p>
+ I therefore recommend that Thursday, the 26th day of November next, be
+ set apart and observed by all the people of the United States as a day
+ for public praise, thanksgiving, and prayer to the Almighty Creator and
+ Divine Ruler of the Universe, by whose ever-watchful, merciful, and
+ gracious providence alone states and nations, no less than families and
+ individual men, do live and move and have their being.
+</p>
+<p>
+ In witness whereof I have hereunto set my hand and caused the seal of
+ the United States to be affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, this 12th day of October, A.D. 1868,
+ and of the Independence of the United States the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ WILLIAM H. SEWARD,<br>
+ <i>Secretary of State</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ EXECUTIVE ORDERS.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES.
+</h3>
+<center>
+ EXECUTIVE ORDER.
+</center>
+<p class="r">
+ WASHINGTON, <i>December 17, 1867</i>.
+</p>
+<p>
+ It is desired and advised that all communications in writing intended
+ for the executive department of this Government and relating to public
+ business of whatever kind, including suggestions for legislation,
+ claims, contracts, employment, appointments, and removals from office,
+ and pardons, be transmitted directly in the first instance to the head
+ of the Department to which the care of the subject-matter of the
+ communication properly belongs. This regulation has become necessary
+ for the more convenient, punctual, and regular dispatch of the public
+ business.
+</p>
+<p>
+ By order of the President:
+</p>
+<p class="r">
+ WILLIAM H. SEWARD,
+<br>
+ <i>Secretary of State</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 104.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, December 28, 1867</i>.
+</p>
+<p>
+ By direction of the President of the United States, the following orders
+ are made:
+</p>
+<p>
+ I. Brevet Major-General E.O.C. Ord will turn over the command of the
+ Fourth Military District to Brevet Major-General A.C. Gillem, and
+ proceed to San Francisco, Cal., to take command of the Department of
+ California.
+</p>
+<p>
+ II. On being relieved by Brevet Major-General Ord, Brevet Major-General
+ Irvin McDowell will proceed to Vicksburg, Miss., and relieve General
+ Gillem in command of the Fourth Military District.
+</p>
+<p>
+ III. Brevet Major-General John Pope is hereby relieved of the command
+ of the Third Military District, and will report without delay at the
+ Headquarters of the Army for further orders, turning over his command
+ to the next senior officer until the arrival of his successor.
+</p>
+<p>
+ IV. Major-General George G. Meade is assigned to the command of
+ the Third Military District, and will assume it without delay. The
+ Department of the East will be commanded by the senior officer now
+ on duty in it until a commander is named by the President.
+</p>
+<p>
+ V. The officers assigned in the foregoing orders to command of military
+ districts will exercise therein any and all powers conferred by acts of
+ Congress upon district commanders, and also any and all powers
+ pertaining to military-department commanders.
+</p>
+<hr>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 10.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, February 12, 1868</i>.
+</p>
+<p>
+ The following orders are published for the information and guidance of
+ all concerned:
+</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., February 12, 1868</i>.
+</p>
+<p>
+ General U.S. GRANT,
+<br>
+ <i>Commanding Armies of the United States, Washington, D.C.</i>
+</p>
+<p>
+ GENERAL: You will please issue an order creating a military division, to
+ be called the Military Division of the Atlantic, to be composed of the
+ Department of the Lakes, the Department of the East, and the Department
+ of Washington, and to be commanded by Lieutenant-General William T.
+ Sherman, with his headquarters at Washington.
+</p>
+<p>
+ Until further orders from the President, you will assign no officer to
+ the permanent command of the Military Division of the Missouri.
+</p>
+<p>
+ Respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ Major-General P.H. Sheridan, the senior officer in the Military Division
+ of the Missouri, will temporarily perform the duties of commander of the
+ Military Division of the Missouri, in addition to his duties of department
+ commander.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p>
+<p>
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Washington, D.C.</i>
+</p>
+<p>
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby removed
+ from office as Secretary for the Department of War, and your functions
+ as such will terminate upon the receipt of this communication.
+</p>
+<p>
+ You will transfer to Brevet Major-General Lorenzo Thomas,
+ Adjutant-General of the Army, who has this day been authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, all records, books,
+ papers, and other public property now in your custody and charge.
+</p>
+<p>
+ Respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p>
+<p>
+ Brevet Major-General LORENZO THOMAS,
+<br>
+ <i>Adjutant-General United States Army, Washington, D.C.</i>
+</p>
+<p>
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+</p>
+<p>
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+</p>
+<p>
+ Respectfully, yours,
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 17.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, March 28, 1868</i>.
+</p>
+<p>
+ By direction of the President of the United States, Major-General W.S.
+ Hancock is relieved from command of the Fifth Military District and
+ assigned to command of the Military Division of the Atlantic, created
+ by General Orders, No. 10, of February 12, 1868.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., May 28, 1868</i>.
+</p>
+<p>
+ The chairman of the committee of arrangements having requested that
+ an opportunity may be given to those employed in the several Executive
+ Departments of the Government to unite with their fellow-citizens in
+ paying a fitting tribute to the memory of the brave men whose remains
+ repose in the national cemeteries, the President directs that as far as
+ may be consistent with law and the public interests persons who desire
+ to participate in the ceremonies be permitted to absent themselves from
+ their duties on Saturday, the 30th instant.
+</p>
+<p>
+ By order of the President:
+</p>
+<p class="r">
+ WM. G. MOORE,
+<br>
+ <i>Secretary</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION,<br>
+ <i>Washington, D.C., June 1, 1868</i>.
+</p>
+<p>
+ Major-General John M. Schofield having been appointed, by and with the
+ advice and consent of the Senate, Secretary for the Department of War,
+ is hereby relieved from the command of the First Military District,
+ created by the act of Congress passed March 2, 1867.
+</p>
+<p>
+ Brevet Major-General George Stoneman is hereby assigned, according
+ to his brevet rank of major-general, to the command of the said First
+ District and of the Military Department of Virginia.
+</p>
+<p>
+ The Secretary of War will please give the necessary instructions to
+ carry this order into effect.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 25.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, June 1, 1868</i>.
+</p>
+<p>
+ I. The following order of the President has been received from the War
+ Department:
+</p>
+<p class="r">
+ WASHINGTON, <i>June 2, 1868</i>.
+</p>
+<p>
+ The President with deep regret announces to the people of the United
+ States the decease, at Wheatland, Pa., on the 1st instant, of his
+ honored predecessor James Buchanan.
+</p>
+<p>
+ This event will occasion mourning in the nation for the loss of an
+ eminent citizen and honored public servant.
+</p>
+<p>
+ As a mark of respect for his memory, it is ordered that the Executive
+ Departments be immediately placed in mourning and all business be
+ suspended on the day of the funeral.
+</p>
+<p>
+ It is further ordered that the War and Navy Departments cause suitable
+ military and naval honors to be paid on this occasion to the memory of
+ the illustrious dead.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ II. In compliance with the instructions of the President and of the
+ Secretary of War, on the day after the receipt of this order at each
+ military post the troops will be paraded at 10 o'clock a.m. and the
+ order read to them, after which all labors, for the day will cease.
+</p>
+<p>
+ The national flag will be displayed at half-staff.
+</p>
+<p>
+ At dawn of day thirteen guns will be fired, and afterwards, at intervals
+ of thirty minutes between the rising and setting sun, a single gun, and
+ at the close of the day a national salute of thirty-seven guns.
+</p>
+<p>
+ The officers of the Army will wear crape on the left arm and on their
+ swords and the colors of the several regiments will be put in mourning
+ for the period of six months.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<a name="2H_4_0029"><!-- H2 anchor --></a>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL ORDER.
+</h2>
+<p class="r">
+ NAVY DEPARTMENT,
+<br>
+ <i>Washington, June 3, 1868</i>.
+</p>
+<p>
+ The death of ex-President James Buchanan is announced in the following
+ order of the President of the United States:
+</p>
+<center>
+ [For order see preceding page.]
+</center>
+<p>
+ In pursuance of the foregoing order, it is hereby directed that thirty
+ minute guns be fired at each of the navy-yards and naval stations on
+ Thursday, the 4th instant, the day designated for the funeral of the
+ late ex-President Buchanan, commencing at noon, and on board the
+ flagships in each squadron upon the day after the receipt of this order.
+ The flags at the several navy-yards, naval stations, and marine barracks
+ will be placed at half-mast until after the funeral, and on board all
+ naval vessels in commission upon the day after this order is received.
+</p>
+<p class="r">
+ GIDEON WELLES,
+<br>
+ <i>Secretary of the Navy</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 33.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, June 30, 1868</i>.
+</p>
+<p>
+ By direction of the President of the United States, the following orders
+ are made:
+</p>
+<p>
+ I. Brevet Major-General Irvin McDowell is relieved from the command of
+ the Fourth Military District, and will report in person, without delay,
+ at the War Department.
+</p>
+<p>
+ II. Brevet Major-General Alvan C. Gillem is assigned to the command of
+ the Fourth Military District, and will assume it without delay.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No 44.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, July 13, 1868</i>.
+</p>
+<p>
+ By direction of the President, Brigadier and Brevet Major-General Irvin
+ McDowell is assigned to the command of the Department of the East.
+</p>
+<p>
+ The headquarters of the department will be transferred from Philadelphia
+ to New York City.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ GENERAL ORDERS, No. 55.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,
+<br>
+ ADJUTANT-GENERAL'S OFFICE,
+<br>
+ <i>Washington, July 28, 1868</i>.
+</p>
+<p>
+ The following orders from the War Department, which have been approved
+ by the President, are published for the information and government of
+ the Army and of all concerned:
+</p>
+<p>
+ The commanding generals of the Second, Third, Fourth, and Fifth Military
+ Districts having officially reported that the States of Arkansas, North
+ Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have
+ fully complied with the acts of Congress known as the reconstruction
+ acts, including the act passed June 22, 1868, entitled "An act to admit
+ the State of Arkansas to representation in Congress," and the act passed
+ June 25, 1868, entitled "An act to admit the States of North Carolina,
+ South Carolina, Louisiana, Georgia, Alabama, and Florida to
+ representation in Congress," and that, consequently, so much of the act
+ of March 2, 1867, and the acts supplementary thereto as provides for the
+ organization of military districts, subject to the military authority of
+ the United States, as therein provided, has become inoperative in said
+ States, and that the commanding generals have ceased to exercise in said
+ States the military powers conferred by said acts of Congress: Therefore
+ the following changes will be made in the organization and command of
+ military districts and geographical departments:
+</p>
+<p>
+ I. The Second and Third Military Districts having ceased to exist, the
+ States of North Carolina, South Carolina, Georgia, Alabama, and Florida
+ will constitute the Department of the South, Major-General George G.
+ Meade to command. Headquarters at Atlanta, Ga.
+</p>
+<p>
+ II. The Fourth Military District will now consist only of the State of
+ Mississippi, and will continue to be commanded by Brevet Major-General
+ A.C. Gillem.
+</p>
+<p>
+ III. The Fifth Military District will now consist of the State of Texas,
+ and will be commanded by Brevet Major-General J.J. Reynolds.
+ Headquarters at Austin, Tex.
+</p>
+<p>
+ IV. The States of Louisiana and Arkansas will constitute the Department
+ of Louisiana, Brevet Major-General L.H. Rousseau is assigned to the
+ command. Headquarters at New Orleans, La. Until the arrival of General
+ Rousseau at New Orleans, Brevet Major-General Buchanan will command the
+ Department.
+</p>
+<p>
+ V. Brevet Major-General George Crook is assigned, according to his
+ brevet of major-general, to command the Department of the Columbia,
+ in place of Rousseau, relieved.
+</p>
+<p>
+ VI. Brevet Major-General E.R.S. Canby is reassigned to command the
+ Department of Washington.
+</p>
+<hr>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ Under and in pursuance of the authority vested in the President of the
+ United States by the provisions of the second section of the act of
+ Congress approved on the 27th day of July, 1868, entitled "An act to
+ extend the laws of the United States relating to customs, commerce, and
+ navigation over the territory ceded to the United States by Russia, to
+ establish a collection district therein, and for other purposes," the
+ port of Sitka, in said Territory, is hereby constituted and established
+ as the port of entry for the collection district of Alaska provided for
+ by said act; and under and in pursuance of the authority vested in him
+ by the fourth section of said act the importation and use of firearms,
+ ammunition, and distilled spirits into and within the said Territory,
+ or any portion thereof, except as hereinafter provided, is entirely
+ prohibited, under the pains and penalties specified in said last-named
+ section; <i>Provided, however</i>, That under such regulations as the
+ Secretary of the Treasury may prescribe, in accordance with law, such
+ articles may, in limited quantities, be shipped coastwise from United
+ States ports on the Pacific coast to said port of Sitka, and to that
+ port only in said Territory, on the shipper giving bonds to the
+ collector of customs at the port of shipment, conditioned that such
+ articles will on their arrival at Sitka be delivered to the collector of
+ customs, or the person there acting as such, to remain in his possession
+ and under his control until sold or disposed of to such persons as
+ the military or other chief authority in said Territory may specially
+ designate in permits for that purpose signed by himself or a subordinate
+ duly authorized by him.
+</p>
+<p>
+ Done at the city of Washington, this 22d day of August, A.D. 1868,
+ and of the Independence of the United States the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON,<br>
+ <i>President</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ SPECIAL ORDERS, ORDERS, No. 219.
+</center>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, September 12, 1868</i>.
+</p>
+<hr>
+<p>
+ 18. By direction of the President, Brevet Major-General L.H. Rousseau,
+ brigadier-general, commanding Department of Louisiana, is hereby
+ assigned to duty according to his brevet rank of major-general. This
+ order to take effect when General Rousseau assumes command.
+</p>
+<p>
+ 19. By direction of the President, paragraph 12 of Special Orders, No.
+ 70, May 23, 1868, from this office, assigning Brevet Major-General R.C.
+ Buchanan, colonel First United States Infantry, to duty according to
+ his brevet rank of major-general, is hereby revoked, and he is hereby
+ assigned to duty according to his brevet rank of brigadier-general,
+ in order that he may command the District of Louisiana. This order to
+ take effect when General Rousseau assumes command of the Department of
+ Louisiana.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ J.C. KELTON,
+<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p>
+ GENERAL ORDERS, No. 82.
+</p>
+<p class="r">
+ HEADQUARTERS OF THE ARMY,<br>
+ ADJUTANT-GENERAL'S OFFICE,<br>
+ <i>Washington, October 10, 1868</i>.
+</p>
+<p>
+ The following order has been received from the President, and by his
+ direction is published to the Army:
+</p>
+<p>
+ The following provisions from the Constitution and laws of the United
+ States in relation to the election of a President and Vice-President
+ of the United States, together with an act of Congress prohibiting all
+ persons engaged in the military and naval service from interfering in
+ any general or special election in any State, are published for the
+ information and government of all concerned:
+</p>
+<center>
+ [Extract from Article II, section 1, Constitution of the United States.]
+</center>
+<p class="q">
+ The executive power shall be vested in a President of the United States
+ of America. He shall hold his office during the term of four years,
+ and, together with the Vice-President, chosen for the same term, be
+ elected as follows:
+</p><p class="q">
+ Each State shall appoint, in such manner as the legislature thereof may
+ direct, a number of electors equal to the whole number of Senators and
+ Representatives to which the State may be entitled in the Congress; but
+ no Senator or Representative, or person holding an office of trust or
+ profit under the United States, shall be appointed an elector.
+</p>
+<center>
+ [Extract from Article XII, amendment to the Constitution of the United
+ States.]
+</center>
+<p class="q">
+ The electors shall meet in their respective States and vote by ballot
+ for President and Vice-President, one of whom at least shall not be an
+ inhabitant of the same State with themselves. They shall name in their
+ ballots the person voted for as President, and in distinct ballots the
+ person voted for as Vice-President; and they shall make distinct lists
+ of all persons voted for as President, and of all persons voted for as
+ Vice-President, and of the number of votes for each, which lists they
+ shall sign and certify and transmit sealed to the seat of the Government
+ of the United States, directed to the President of the Senate. The
+ President of the Senate shall, in the presence of the Senate and House
+ of Representatives, open all the certificates, and the votes shall then
+ be counted. The person having the greatest number of votes for President
+ shall be the President, if such number be a majority of the whole number
+ of electors appointed; and if no person have such majority, then from
+ the persons having the highest numbers, not exceeding three, on the list
+ of those voted for as President, the House of Representatives shall
+ choose immediately, by ballot, the President. But in choosing the
+ President the votes shall be taken by States, the representation from
+ each State having one vote. A quorum for this purpose shall consist of
+ a member or members from two-thirds of the States, and a majority of
+ all the States shall be necessary to a choice. And if the House of
+ Representatives shall not choose a President, whenever the right of
+ choice shall devolve upon them, before the 4th day of March next
+ following, then the Vice-President shall act as President, as in the
+ case of the death or other constitutional disability of the President.
+</p>
+<center>
+ [Extract from "An act relative to the election of a President and
+ Vice-President of the United States, and declaring the officer who shall
+ act as President in case of vacancies in the offices both of President
+ and Vice-President," approved March 1, 1792.]
+</center>
+<p class="q">
+ Sec. 1. <i>Be it enacted by the Senate and House of Representatives
+ of the United States of America in Congress assembled</i>, That * * *
+ electors shall be appointed in each State for the election of a
+ President and Vice-President of the United States * * * in every
+ fourth year succeeding the last election, which electors shall be
+ equal to the number of Senators and Representatives to which the
+ several States may by law be entitled at the time when the President
+ and Vice-President thus to be chosen should come into office:
+ <i>Provided always</i>, That where no apportionment of Representatives
+ shall have been made after any enumeration at the time of choosing
+ electors, then the number of electors shall be according to the
+ existing apportionment of Senators and Representatives.
+</p>
+<center>
+ ["An act to establish a uniform time for holding elections for electors
+ of President and Vice-President in all the States of the Union,"
+ approved January 23, 1845.]
+</center>
+<p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled</i>, That the electors of President
+ and Vice-President shall be appointed in each State on the Tuesday next
+ after the first Monday in the month of November of the year in which
+ they are to be appointed: <i>Provided</i>, That each State may by law provide
+ for the filling of any vacancy or vacancies which may occur in its
+ college of electors when such college meets to give its electoral vote:
+ <i>And provided also</i>, When any State shall have held an election for the
+ purpose of choosing electors, and shall fail to make a choice on the day
+ aforesaid, then the electors may be appointed on a subsequent day in
+ such manner as the State shall by law provide.
+</p>
+<center>
+ [Extracts from "An act relative to the election of a President and
+ Vice-President of the United States, and declaring the officer who shall
+ act as President in case of vacancies in the offices both of President
+ and Vice-President," approved March 1, 1792.]
+</center>
+<p class="q">
+ Sec. 2. <i>And be it further enacted</i>, That the electors shall meet and
+ give their votes on the said first Wednesday in December, at such place
+ in each State as shall be directed by the legislature thereof; and the
+ electors in each State shall make and sign three certificates of all the
+ votes by them given, and shall seal up the same, certifying on each that
+ a list of the votes of such State for President and Vice-President is
+ contained therein, and shall, by writing under their hands or under the
+ hands of a majority of them, appoint a person to take charge of and
+ deliver to the President of the Senate, at the seat of Government,
+ before the first Wednesday in January then next ensuing, one of the said
+ certificates; and the said electors shall forthwith forward by the
+ post-office to the President of the Senate, at the seat of Government,
+ one other of the said certificates, and shall forthwith cause the other
+ of the said certificates to be delivered to the judge of that district
+ in which the said electors shall assemble.
+</p><p class="q">
+ Sec. 3. <i>And be it further enacted</i>, That the executive authority of
+ each State shall cause three lists of the names of the electors of such
+ State to be made and certified, and to be delivered to the electors on
+ or before the said first Wednesday in December, and the said electors
+ shall annex one of the said lists to each of the lists of their votes.
+</p><p class="q">
+ Sec. 4. <i>And be it further enacted</i>, That if a list of votes from any
+ State shall not have been received at the seat of Government on the said
+ first Wednesday in January, that then the Secretary of State shall send
+ a special messenger to the district judge in whose custody such list
+ shall have been lodged, who shall forthwith transmit the same to the
+ seat of Government.
+</p><p class="q">
+ Sec. 5. <i>And be it further enacted</i>, That Congress shall be in session
+ on the second Wednesday in February, 1793, and on the second Wednesday
+ in February succeeding every meeting of the electors, and the said
+ certificates, or so many of them as shall have been received, shall then
+ be opened, the votes counted, and the persons who shall fill the offices
+ of President and Vice-President ascertained and declared agreeably to
+ the Constitution.
+</p><p class="q">
+ Sec. 6. <i>And be it further enacted</i>, That in case there shall be no
+ President of the Senate at the seat of Government on the arrival of the
+ persons intrusted with the list of the votes of the electors, then such
+ persons shall deliver the lists of votes in their custody into the
+ office of the Secretary of State, to be safely kept and delivered over
+ as soon as may be to the President of the Senate.
+</p>
+<hr>
+<p class="q">
+ Sec. 8. <i>And be it further enacted</i>, That if any person appointed to
+ deliver the votes of the electors to the President of the Senate shall,
+ after accepting of his appointment, neglect to perform the services
+ required of him by this act, he shall forfeit the sum of $1,000.
+</p>
+<center>
+ [Extract from "An act making compensation to the persons appointed by
+ the electors to deliver the votes for President and Vice-President,"
+ approved February 11, 1825.]
+</center>
+<p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled</i>, That the person appointed by
+ the electors to deliver to the President of the Senate a list of the
+ votes for President and Vice-President shall be allowed, on delivery of
+ said list, 25 cents for every mile of the estimated distance by the most
+ usual route from the place of meeting of the electors to the seat of
+ Government of the United States, going and returning.
+</p>
+<center>
+ [Extract from "An act relative to the election of a President and
+ Vice-President of the United States, and declaring the officer who shall
+ act as President in case of vacancies in the offices both of President
+ and Vice-President," approved March 1, 1792.]
+</center>
+<p class="q">
+ Sec. 12. <i>And be it further enacted</i>, That the term of four years for
+ which a President and Vice-President shall be elected shall in all cases
+ commence on the 4th day of March next succeeding the day on which the
+ votes of the electors shall have been given.
+</p>
+<center>
+ ["An act to prevent officers of the Army and Navy, and other persons
+ engaged in the military and naval service of the United States, from
+ interfering in elections in the States," approved February 25, 1865.]
+</center>
+<p class="q">
+ <i>Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled</i>, That it shall not be lawful
+ for any military or naval officer of the United States, or other person
+ engaged in the civil, military, or naval service of the United States,
+ to order, bring, keep, or have under his authority or control any troops
+ or armed men at the place where any general or special election is
+ held in any State of the United States of America, unless it shall be
+ necessary to repel the armed enemies of the United States or to keep the
+ peace at the polls. And that it shall not be lawful for any officer of
+ the Army or Navy of the United States to prescribe or fix, or attempt
+ to prescribe or fix, by proclamation, order, or otherwise, the
+ qualifications of voters in any State of the United States of America,
+ or in any manner to interfere with the freedom of any election in any
+ State or with the exercise of the free right of suffrage in any State of
+ the United States. Any officer of the Army or Navy of the United States,
+ or other person engaged in the civil, military, or naval service of the
+ United States, who violates this section of this act shall for every
+ such offense be liable to indictment as for a misdemeanor in any court
+ of the United States having jurisdiction to hear, try, and determine
+ cases of misdemeanor, and on conviction thereof shall pay a fine not
+ exceeding $5,000 and suffer imprisonment in the penitentiary not less
+ than three months nor more than five years, at the discretion of the
+ court trying the same; and any person convicted as aforesaid shall,
+ moreover, be disqualified from holding any office of honor, profit,
+ or trust under the Government of the United States: <i>Provided</i>, That
+ nothing herein contained shall be so construed as to prevent any
+ officers, soldiers, sailors, or marines from exercising the right of
+ suffrage in any election district to which he may belong, if otherwise
+ qualified according to the laws of the State in which he shall offer
+ to vote.
+</p><p class="q">
+ Sec. 2. <i>And be it further enacted</i>, That any officer or person in
+ the military or naval service of the United States who shall order or
+ advise, or who shall, directly or indirectly, by force, threat, menace,
+ intimidation, or otherwise, prevent or attempt to prevent any qualified
+ voter of any State of the United States of America from freely
+ exercising the right of suffrage at any general or special election
+ in any State of the United States, or who shall in like manner compel
+ or attempt to compel any officer of an election in any such State to
+ receive a vote from a person not legally qualified to vote, or who shall
+ impose or attempt to impose any rules or regulations for conducting such
+ election different from those prescribed by law, or interfere in any
+ manner with any officer of said election in the discharge of his duties,
+ shall for any such offense be liable to indictment as for a misdemeanor
+ in any court of the United States having jurisdiction to hear, try, and
+ determine cases of misdemeanor, and on conviction thereof shall pay a
+ fine of not exceeding $5,000 and suffer imprisonment in the penitentiary
+ not exceeding five years, at the discretion of the court trying the
+ same; and any person convicted as aforesaid shall, moreover, be
+ disqualified from holding any office of honor, profit, or trust under
+ the Government of the United States.
+</p>
+<p>
+ By command of General Grant:
+</p>
+<p class="r">
+ E.D. TOWNSEND,<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WAR DEPARTMENT,<br>
+ <i>Washington City, November 4, 1868</i>.
+</p>
+<p>
+ By direction of the President, Brevet Major-General E.R.S. Canby is
+ hereby assigned to the command of the Fifth Military District, created
+ by the act of Congress of March 2, 1867, and of the Military Department
+ of Texas, consisting of the State of Texas. He will, without unnecessary
+ delay, turn over his present command to the next officer in rank and
+ proceed to the command to which he is hereby assigned, and on assuming
+ the same will, when necessary to a faithful execution of the laws,
+ exercise any and all powers conferred by acts of Congress upon district
+ commanders and any and all authority pertaining to officers in command
+ of military departments.
+</p>
+<p>
+ Brevet Major-General J.J. Reynolds is hereby relieved from the command
+ of the Fifth Military District.
+</p>
+<p class="r">
+ J.M. SCHOFIELD,
+<br>
+ <i>Secretary of War</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ FOURTH ANNUAL MESSAGE.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 9, 1868</i>.
+</p>
+<p>
+ <i>Fellow-Citizens of the Senate and House of Representatives</i>:
+</p>
+<p>
+ Upon the reassembling of Congress it again becomes my duty to call your
+ attention to the state of the Union and to its continued disorganized
+ condition under the various laws which have been passed upon the subject
+ of reconstruction.
+</p>
+<p>
+ It may be safely assumed as an axiom in the government of states that
+ the greatest wrongs inflicted upon a people are caused by unjust and
+ arbitrary legislation, or by the unrelenting decrees of despotic rulers,
+ and that the timely revocation of injurious and oppressive measures is
+ the greatest good that can be conferred upon a nation. The legislator or
+ ruler who has the wisdom and magnanimity to retrace his steps when
+ convinced of error will sooner or later be rewarded with the respect and
+ gratitude of an intelligent and patriotic people.
+</p>
+<p>
+ Our own history, although embracing a period less than a century,
+ affords abundant proof that most, if not all, of our domestic troubles
+ are directly traceable to violations of the organic law and excessive
+ legislation. The most striking illustrations of this fact are furnished
+ by the enactments of the past three years upon the question of
+ reconstruction. After a fair trial they have substantially failed and
+ proved pernicious in their results, and there seems to be no good reason
+ why they should longer remain upon the statute book. States to which the
+ Constitution guarantees a republican form of government have been
+ reduced to military dependencies, in each of which the people have been
+ made subject to the arbitrary will of the commanding general. Although
+ the Constitution requires that each State shall be represented in
+ Congress, Virginia, Mississippi, and Texas are yet excluded from the
+ two Houses, and, contrary to the express provisions of that instrument,
+ were denied participation in the recent election for a President and
+ Vice-President of the United States. The attempt to place the white
+ population under the domination of persons of color in the South has
+ impaired, if not destroyed, the kindly relations that had previously
+ existed between them; and mutual distrust has engendered a feeling of
+ animosity which, leading in some instances to collision and bloodshed,
+ has prevented that cooperation between the two races so essential to the
+ success of industrial enterprise in the Southern States. Nor have the
+ inhabitants of those States alone suffered from the disturbed condition
+ of affairs growing out of these Congressional enactments. The entire
+ Union has been agitated by grave apprehensions of troubles which might
+ again involve the peace of the nation; its interests have been
+ injuriously affected by the derangement of business and labor, and the
+ consequent want of prosperity throughout that portion of the country.
+</p>
+<p>
+ The Federal Constitution&mdash;the <i>magna charta</i> of American rights, under
+ whose wise and salutary provisions we have successfully conducted all
+ our domestic and foreign affairs, sustained ourselves in peace and in
+ war, and become a great nation among the powers of the earth&mdash;must
+ assuredly be now adequate to the settlement of questions growing out of
+ the civil war, waged alone for its vindication. This great fact is made
+ most manifest by the condition of the country when Congress assembled in
+ the month of December, 1865. Civil strife had ceased, the spirit of
+ rebellion had spent its entire force, in the Southern States the people
+ had warmed into national life, and throughout the whole country a
+ healthy reaction in public sentiment had taken place. By the application
+ of the simple yet effective provisions of the Constitution the executive
+ department, with the voluntary aid of the States, had brought the work
+ of restoration as near completion as was within the scope of its
+ authority, and the nation was encouraged by the prospect of an early
+ and satisfactory adjustment of all its difficulties. Congress, however,
+ intervened, and, refusing to perfect the work so nearly consummated,
+ declined to admit members from the unrepresented States, adopted
+ a series of measures which arrested the progress of restoration,
+ frustrated all that had been so successfully accomplished, and, after
+ three years of agitation and strife, has left the country further from
+ the attainment of union and fraternal feeling than at the inception of
+ the Congressional plan of reconstruction. It needs no argument to show
+ that legislation which has produced such baneful consequences should
+ be abrogated, or else made to conform to the genuine principles of
+ republican government.
+</p>
+<p>
+ Under the influence of party passion and sectional prejudice, other acts
+ have been passed not warranted by the Constitution. Congress has already
+ been made familiar with my views respecting the "tenure-of-office bill."
+ Experience has proved that its repeal is demanded by the best interests
+ of the country, and that while it remains in force the President can not
+ enjoin that rigid accountability of public officers so essential to an
+ honest and efficient execution of the laws. Its revocation would enable
+ the executive department to exercise the power of appointment and
+ removal in accordance with the original design of the Federal
+ Constitution.
+</p>
+<p>
+ The act of March 2, 1867, making appropriations for the support of the
+ Army for the year ending June 30, 1868, and for other purposes, contains
+ provisions which interfere with the President's constitutional functions
+ as Commander in Chief of the Army and deny to States of the Union
+ the right to protect themselves by means of their own militia. These
+ provisions should be at once annulled; for while the first might, in
+ times of great emergency, seriously embarrass the Executive in efforts
+ to employ and direct the common strength of the nation for its
+ protection and preservation, the other is contrary to the express
+ declaration of the Constitution that "a well-regulated militia being
+ necessary to the security of a free state, the right of the people to
+ keep and bear arms shall not be infringed."
+</p>
+<p>
+ It is believed that the repeal of all such laws would be accepted by
+ the American people as at least a partial return to the fundamental
+ principles of the Government, and an indication that hereafter the
+ Constitution is to be made the nation's safe and unerring guide. They
+ can be productive of no permanent benefit to the country, and should not
+ be permitted to stand as so many monuments of the deficient wisdom which
+ has characterized our recent legislation.
+</p>
+<p>
+ The condition of our finances demands the early and earnest
+ consideration of Congress. Compared with the growth of our population,
+ the public expenditures have reached an amount unprecedented in our
+ history.
+</p>
+<p>
+ The population of the United States in 1790 was nearly 4,000,000 people.
+ Increasing each decade about 33 per cent, it reached in 1860 31,000,000,
+ an increase of 700 per cent on the population in 1790. In 1869 it is
+ estimated that it will reach 38,000,000, or an increase of 868 per cent
+ in seventy-nine years.
+</p>
+<p>
+ The annual expenditures of the Federal Government in 1791 were
+ $4,200,000; in 1820, $13,200,000; in 1850, forty-one millions; in 1860,
+ sixty-three millions; in 1865, nearly thirteen hundred millions; and
+ in 1869 it is estimated by the Secretary of the Treasury, in his last
+ annual report, that they will be three hundred and seventy-two millions.
+</p>
+<p>
+ By comparing the public disbursements of 1869, as estimated, with those
+ of 1791, it will be seen that the increase of expenditure since the
+ beginning of the Government has been 8,618 per cent, while the increase
+ of the population for the same period was only 868 per cent. Again,
+ the expenses of the Government in 1860, the year of peace immediately
+ preceding the war, were only sixty-three millions, while in 1869, the
+ year of peace three years after the war, it is estimated they will be
+ three hundred and seventy-two millions, an increase of 489 per cent,
+ while the increase of population was only 21 per cent for the same
+ period.
+</p>
+<p>
+ These statistics further show that in 1791 the annual national expenses,
+ compared with the population, were little more than $1 per capita, and
+ in 1860 but $2 per capita; while in 1869 they will reach the extravagant
+ sum of $9.78 per capita.
+</p>
+<p>
+ It will be observed that all these statements refer to and exhibit the
+ disbursements of peace periods. It may, therefore, be of interest to
+ compare the expenditures of the three war periods&mdash;the war with Great
+ Britain, the Mexican War, and the War of the Rebellion.
+</p>
+<p>
+ In 1814 the annual expenses incident to the War of 1812 reached their
+ highest amount&mdash;about thirty-one millions&mdash;while our population slightly
+ exceeded 8,000,000, showing an expenditure of only $3.80 per capita.
+ In 1847 the expenditures growing out of the war with Mexico reached
+ fifty-five millions, and the population about 21,000,000, giving only
+ $2.60 per capita for the war expenses of that year. In 1865 the
+ expenditures called for by the rebellion reached the vast amount of
+ twelve hundred and ninety millions, which, compared with a population
+ of 34,000,000, gives $38.20 per capita.
+</p>
+<p>
+ From the 4th day of March, 1789, to the 30th of June, 1861, the entire
+ expenditures of the Government were $1,700,000,000. During that period
+ we were engaged in wars with Great Britain and Mexico, and were involved
+ in hostilities with powerful Indian tribes; Louisiana was purchased from
+ France at a cost of $15,000,000; Florida was ceded to us by Spain for
+ five millions; California was acquired from Mexico for fifteen millions,
+ and the territory of New Mexico was obtained from Texas for the sum of
+ ten millions. Early in 1861 the War of the Rebellion commenced; and
+ from the 1st of July of that year to the 30th of June, 1865, the public
+ expenditures reached the enormous aggregate of thirty-three hundred
+ millions. Three years of peace have intervened, and during that time the
+ disbursements of the Government have successively been five hundred and
+ twenty millions, three hundred and forty-six millions, and three hundred
+ and ninety-three millions. Adding to these amounts three hundred and
+ seventy-two millions, estimated as necessary for the fiscal year ending
+ the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000
+ during the four years immediately succeeding the war, or nearly as much
+ as was expended during the seventy-two years that preceded the rebellion
+ and embraced the extraordinary expenditures already named.
+</p>
+<p>
+ These startling facts clearly illustrate the necessity of
+ retrenchment in all branches of the public service. Abuses which were
+ tolerated during the war for the preservation of the nation will not be
+ endured by the people, now that profound peace prevails. The receipts
+ from internal revenues and customs have during the past three years
+ gradually diminished, and the continuance of useless and extravagant
+ expenditures will involve us in national bankruptcy, or else make
+ inevitable an increase of taxes, already too onerous and in many
+ respects obnoxious on account of their inquisitorial character. One
+ hundred millions annually are expended for the military force, a large
+ portion of which is employed in the execution of laws both unnecessary
+ and unconstitutional; one hundred and fifty millions are required each
+ year to pay the interest on the public debt; an army of taxgatherers
+ impoverishes the nation, and public agents, placed by Congress beyond
+ the control of the Executive, divert from their legitimate purposes
+ large sums of money which they collect from the people in the name of
+ the Government. Judicious legislation and prudent economy can alone
+ remedy defects and avert evils which, if suffered to exist, can not fail
+ to diminish confidence in the public councils and weaken the attachment
+ and respect of the people toward their political institutions. Without
+ proper care the small balance which it is estimated will remain in the
+ Treasury at the close of the present fiscal year will not be realized,
+ and additional millions be added to a debt which is now enumerated by
+ billions.
+</p>
+<p>
+ It is shown by the able and comprehensive report of the Secretary of
+ the Treasury that the receipts for the fiscal year ending June 30, 1868,
+ were $405,638,083, and that the expenditures for the same period were
+ $377,340,284, leaving in the Treasury a surplus of $28,297,798. It is
+ estimated that the receipts during the present fiscal year, ending June
+ 30, 1869, will be $341,392,868 and the expenditures $336,152,470,
+ showing a small balance of $5,240,398 in favor of the Government. For
+ the fiscal year ending June 30, 1870, it is estimated that the receipts
+ will amount to $327,000,000 and the expenditures to $303,000,000,
+ leaving an estimated surplus of $24,000,000.
+</p>
+<p>
+ It becomes proper in this connection to make a brief reference to our
+ public indebtedness, which has accumulated with such alarming rapidity
+ and assumed such colossal proportions.
+</p>
+<p>
+ In 1789, when the Government commenced operations under the Federal
+ Constitution, it was burdened with an indebtedness of $75,000,000,
+ created during the War of the Revolution. This amount had been reduced
+ to $45,000,000 when, in 1812, war was declared against Great Britain.
+ The three years' struggle that followed largely increased the national
+ obligations, and in 1816 they had attained the sum of $127,000,000. Wise
+ and economical legislation, however, enabled the Government to pay the
+ entire amount within a period of twenty years, and the extinguishment
+ of the national debt filled the land with rejoicing and was one of the
+ great events of President Jackson's Administration. After its redemption
+ a large fund remained in the Treasury, which was deposited for
+ safe-keeping with the several States, on condition that it should be
+ returned when required by the public wants. In 1849&mdash;the year after the
+ termination of an expensive war with Mexico&mdash;we found ourselves involved
+ in a debt of $64,000,000; and this was the amount owed by the Government
+ in 1860, just prior to the outbreak of the rebellion. In the spring of
+ 1861 our civil war commenced. Each year of its continuance made an
+ enormous addition to the debt; and when, in the spring of 1865, the
+ nation successfully emerged from the conflict, the obligations of the
+ Government had reached the immense sum of $2,873,992,909. The Secretary
+ of the Treasury shows that on the 1st day of November, 1867, this amount
+ had been reduced to $2,491,504,450; but at the same time his report
+ exhibits an increase during the past year of $35,625,102, for the debt
+ on the 1st day of November last is stated to have been $2,527,129,552.
+ It is estimated by the Secretary that the returns for the past month
+ will add to our liabilities the further sum of $11,000,000, making a
+ total increase during thirteen months of $46,500,000.
+</p>
+<p>
+ In my message to Congress December 4, 1865, it was suggested that a
+ policy should be devised which, without being oppressive to the people,
+ would at once begin to effect a reduction of the debt, and, if persisted
+ in, discharge it fully within a definite number of years. The Secretary
+ of the Treasury forcibly recommends legislation of this character,
+ and justly urges that the longer it is deferred the more difficult
+ must become its accomplishment. We should follow the wise precedents
+ established in 1789 and 1816, and without further delay make provision
+ for the payment of our obligations at as early a period as may be
+ practicable. The fruits of their labors should be enjoyed by our
+ citizens rather than used to build up and sustain moneyed monopolies in
+ our own and other lands. Our foreign debt is already computed by the
+ Secretary of the Treasury at $850,000,000; citizens of foreign countries
+ receive interest upon a large portion of our securities, and American
+ taxpayers are made to contribute large sums for their support. The idea
+ that such a debt is to become permanent should be at all times discarded
+ as involving taxation too heavy to be borne, and payment once in every
+ sixteen years, at the present rate of interest, of an amount equal to
+ the original sum. This vast debt, if permitted to become permanent and
+ increasing, must eventually be gathered into the hands of a few, and
+ enable them to exert a dangerous and controlling power in the affairs of
+ the Government. The borrowers would become servants to the lenders, the
+ lenders the masters of the people. We now pride ourselves upon having
+ given freedom to 4,000,000 of the colored race; it will then be our
+ shame that 40,000,000 of people, by their own toleration of usurpation
+ and profligacy, have suffered themselves to become enslaved, and merely
+ exchanged slave owners for new taskmasters in the shape of bondholders
+ and taxgatherers. Besides, permanent debts pertain to monarchical
+ governments, and, tending to monopolies, perpetuities, and class
+ legislation, are totally irreconcilable with free institutions.
+ Introduced into our republican system, they would gradually but surely
+ sap its foundations, eventually subvert our governmental fabric, and
+ erect upon its ruins a moneyed aristocracy. It is our sacred duty to
+ transmit unimpaired to our posterity the blessings of liberty which were
+ bequeathed to us by the founders of the Republic, and by our example
+ teach those who are to follow us carefully to avoid the dangers which
+ threaten a free and independent people.
+</p>
+<p>
+ Various plans have been proposed for the payment of the public debt.
+ However they may have varied as to the time and mode in which it should
+ be redeemed, there seems to be a general concurrence as to the propriety
+ and justness of a reduction in the present rate of interest. The
+ Secretary of the Treasury in his report recommends 5 per cent; Congress,
+ in a bill passed prior to adjournment on the 27th of July last, agreed
+ upon 4 and 4-1/2 per cent; while by many 3 per cent has been held to be
+ an amply sufficient return for the investment. The general impression as
+ to the exorbitancy of the existing rate of interest has led to an
+ inquiry in the public mind respecting the consideration which the
+ Government has actually received for its bonds, and the conclusion is
+ becoming prevalent that the amount which it obtained was in real money
+ three or four hundred per cent less than the obligations which it issued
+ in return. It can not be denied that we are paying an extravagant
+ percentage for the use of the money borrowed, which was paper currency,
+ greatly depreciated below the value of coin. This fact is made apparent
+ when we consider that bondholders receive from the Treasury upon each
+ dollar they own in Government securities 6 per cent in gold, which is
+ nearly or quite equal to 9 per cent in currency; that the bonds are
+ then converted into capital for the national banks, upon which those
+ institutions issue their circulation, bearing 6 per cent interest; and
+ that they are exempt from taxation by the Government and the States, and
+ thereby enhanced 2 per cent in the hands of the holders. We thus have an
+ aggregate of 17 per cent which may be received upon each dollar by the
+ owners of Government securities. A system that produces such results is
+ justly regarded as favoring a few at the expense of the many, and has
+ led to the further inquiry whether our bondholders, in view of the
+ large profits which they have enjoyed, would themselves be averse to
+ a settlement of our indebtedness upon a plan which would yield them a
+ fair remuneration and at the same time be just to the taxpayers of the
+ nation. Our national credit should be sacredly observed, but in making
+ provision for our creditors we should not forget what is due to the
+ masses of the people. It may be assumed that the holders of our
+ securities have already received upon their bonds a larger amount than
+ their original investment, measured by a gold standard. Upon this
+ statement of facts it would seem but just and equitable that the 6 per
+ cent interest now paid by the Government should be applied to the
+ reduction of the principal in semiannual installments, which in sixteen
+ years and eight months would liquidate the entire national debt. Six per
+ cent in gold would at present rates be equal to 9 per cent in currency,
+ and equivalent to the payment of the debt one and a half times in a
+ fraction less than seventeen years. This, in connection with all the
+ other advantages derived from their investment, would afford to the
+ public creditors a fair and liberal compensation for the use of their
+ capital, and with this they should be satisfied. The lessons of the past
+ admonish the lender that it is not well to be overanxious in exacting
+ from the borrower rigid compliance with the letter of the bond.
+</p>
+<p>
+ If provision be made for the payment of the indebtedness of the
+ Government in the manner suggested, our nation will rapidly recover its
+ wonted prosperity. Its interests require that some measure should be
+ taken to release the large amount of capital invested in the securities
+ of the Government. It is not now merely unproductive, but in taxation
+ annually consumes $150,000,000, which would otherwise be used by our
+ enterprising people in adding to the wealth of the nation. Our commerce,
+ which at one time successfully rivaled that of the great maritime
+ powers, has, rapidly diminished, and our industrial interests are
+ in a depressed and languishing condition. The development of our
+ inexhaustible resources is checked, and the fertile fields of the South
+ are becoming waste for want of means to till them. With the release of
+ capital, new life would be infused into the paralyzed energies of our
+ people and activity and vigor imparted to every branch of industry. Our
+ people need encouragement in their efforts to recover from the effects
+ of the rebellion and of injudicious legislation, and it should be the
+ aim of the Government to stimulate them by the prospect of an early
+ release from the burdens which impede their prosperity. If we can not
+ take the burdens from their shoulders, we should at least manifest
+ a willingness to help to bear them.
+</p>
+<p>
+ In referring to the condition of the circulating medium, I shall merely
+ reiterate substantially that portion of my last annual message which
+ relates to that subject.
+</p>
+<p>
+ The proportion which the currency of any country should bear to
+ the whole value of the annual produce circulated by its means is a
+ question upon which political economists have not agreed. Nor can it
+ be controlled by legislation, but must be left to the irrevocable laws
+ which everywhere regulate commerce and trade. The circulating medium
+ will ever irresistibly flow to those points where it is in greatest
+ demand. The law of demand and supply is as unerring as that which
+ regulates the tides of the ocean; and, indeed, currency, like the tides,
+ has its ebbs and flows throughout the commercial world.
+</p>
+<p>
+ At the beginning of the rebellion the bank-note circulation of the
+ country amounted to not much more than $200,000,000; now the circulation
+ of national-bank notes and those known as "legal-tenders" is nearly
+ seven hundred millions. While it is urged by some that this amount
+ should be increased, others contend that a decided reduction is
+ absolutely essential to the best interests of the country. In view of
+ these diverse opinions, it may be well to ascertain the real value of
+ our paper issues when compared with a metallic or convertible currency.
+ For this purpose let us inquire how much gold and silver could be
+ purchased by the seven hundred millions of paper money now in
+ circulation. Probably not more than half the amount of the latter;
+ showing that when our paper currency is compared with gold and silver
+ its commercial value is compressed into three hundred and fifty
+ millions. This striking fact makes it the obvious duty of the
+ Government, as early as may be consistent with the principles of sound
+ political economy, to take such measures as will enable the holders of
+ its notes and those of the national banks to convert them, without loss,
+ into specie or its equivalent. A reduction of our paper circulating
+ medium need not necessarily follow. This, however, would depend upon the
+ law of demand and supply, though it should be borne in mind that by
+ making legal-tender and bank notes convertible into coin or its
+ equivalent their present specie value in the hands of their holders
+ would be enhanced 100 per cent.
+</p>
+<p>
+ Legislation for the accomplishment of a result so desirable is demanded
+ by the highest public considerations. The Constitution contemplates that
+ the circulating medium of the country shall be uniform in quality and
+ value. At the time of the formation of that instrument the country had
+ just emerged from the War of the Revolution, and was suffering from the
+ effects of a redundant and worthless paper currency. The sages of that
+ period were anxious to protect their posterity from the evils which they
+ themselves had experienced. Hence in providing a circulating medium they
+ conferred upon Congress the power to coin money and regulate the value
+ thereof, at the same time prohibiting the States from making anything
+ but gold and silver a tender in payment of debts.
+</p>
+<p>
+ The anomalous condition of our currency is in striking contrast with
+ that which was originally designed. Our circulation now embraces, first,
+ notes of the national banks, which are made receivable for all dues to
+ the Government, excluding imposts, and by all its creditors, excepting
+ in payment of interest upon its bonds and the securities themselves;
+ second, legal tender, issued by the United States, and which the law
+ requires shall be received as well in payment of all debts between
+ citizens as of all Government dues, excepting imposts; and, third, gold
+ and silver coin. By the operation of our present system of finance,
+ however, the metallic currency, when collected, is reserved only for one
+ class of Government creditors, who, holding its bonds, semiannually
+ receive their interest in coin from the National Treasury. There is no
+ reason which will be accepted as satisfactory by the people why those
+ who defend us on the land and protect us on the sea; the pensioner upon
+ the gratitude of the nation, bearing the scars and wounds received while
+ in its service; the public servants in the various departments of the
+ Government; the farmer who supplies the soldiers of the Army and the
+ sailors of the Navy; the artisan who toils in the nation's workshops,
+ or the mechanics and laborers who build its edifices and construct
+ its forts and vessels of war, should, in payment of their just and
+ hard-earned dues, receive depreciated paper, while another class of
+ their countrymen, no more deserving, are paid in coin of gold and
+ silver. Equal and exact justice requires that all the creditors of the
+ Government should be paid in a currency possessing a uniform value.
+ This can only be accomplished by the restoration of the currency to the
+ standard established by the Constitution, and by this means we would
+ remove a discrimination which may, if it has not already done so, create
+ a prejudice that may become deep-rooted and widespread and imperil the
+ national credit.
+</p>
+<p>
+ The feasibility of making our currency correspond with the
+ constitutional standard may be seen by reference to a few facts derived
+ from our commercial statistics.
+</p>
+<p>
+ The aggregate product of precious metals in the United States from 1849
+ to 1867 amounted to $1,174,000,000, while for the same period the net
+ exports of specie were $741,000,000. This shows an excess of product
+ over net exports of $433,000,000. There are in the Treasury $103,407,985
+ in coin; in circulation in the States on the Pacific Coast about
+ $40,000,000, and a few millions in the national and other banks&mdash;in all
+ less than $160,000,000. Taking into consideration the specie in the
+ country prior to 1849 and that produced since 1867, and we have more
+ than $300,000,000 not accounted for by exportation or by returns of the
+ Treasury, and therefore most probably remaining in the country.
+</p>
+<p>
+ These are important facts, and show how completely the inferior
+ currency will supersede the better, forcing it from circulation among
+ the masses and causing it to be exported as a mere article of trade, to
+ add to the money capital of foreign lands. They show the necessity of
+ retiring our paper money, that the return of gold and silver to the
+ avenues of trade may be invited and a demand created which will cause
+ the retention at home of at least so much of the productions of our
+ rich and inexhaustible gold-bearing fields as may be sufficient for
+ purposes of circulation. It is unreasonable to expect a return to a
+ sound currency so long as the Government and banks, by continuing to
+ issue irredeemable notes, fill the channels of circulation with
+ depreciated paper. Notwithstanding a coinage by our mints since 1849 of
+ $874,000,000, the people are now strangers to the currency which was
+ designed for their use and benefit, and specimens of the precious metals
+ bearing the national device are seldom seen, except when produced to
+ gratify the interest excited by their novelty. If depreciated paper is
+ to be continued as the permanent currency of the country, and all our
+ coin is to become a mere article of traffic and speculation, to the
+ enhancement in price of all that is indispensable to the comfort of the
+ people, it would be wise economy to abolish our mints, thus saving the
+ nation the care and expense incident to such establishments, and let our
+ precious metals be exported in bullion. The time has come, however, when
+ the Government and national banks should be required to take the most
+ efficient steps and make all necessary arrangements for a resumption of
+ specie payments. Let specie payments once be earnestly inaugurated by
+ the Government and banks, and the value of the paper circulation would
+ directly approximate a specie standard.
+</p>
+<p>
+ Specie payments having been resumed by the Government and banks, all
+ notes or bills of paper issued by either of a less denomination than $20
+ should by law be excluded from circulation, so that the people may have
+ the benefit and convenience of a gold and silver currency which in all
+ their business transactions will be uniform in value at home and abroad.
+ Every man of property or industry, every man who desires to preserve
+ what he honestly possesses or to obtain what he can honestly earn, has a
+ direct interest in maintaining a safe circulating medium&mdash;such a medium
+ as shall be real and substantial, not liable to vibrate with opinions,
+ not subject to be blown up or blown down by the breath of speculation,
+ but to be made stable and secure. A disordered currency is one of the
+ greatest political evils. It undermines the virtues necessary for the
+ support of the social system and encourages propensities destructive of
+ its happiness; it wars against industry, frugality, and economy, and it
+ fosters the evil spirits of extravagance and speculation.
+</p>
+<p>
+ It has been asserted by one of our profound and most gifted statesmen
+ that&mdash;
+</p>
+<p class="q">
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation&mdash;these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well-disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+</p>
+<p>
+ It is one of the most successful devices, in times of peace or war,
+ of expansions or revulsions, to accomplish the transfer of all the
+ precious metals from the great mass of the people into the hands of the
+ few, where they are hoarded in secret places or deposited under bolts
+ and bars, while the people are left to endure all the inconvenience,
+ sacrifice, and demoralization resulting from the use of depreciated and
+ worthless paper.
+</p>
+<p>
+ The Secretary of the Interior in his report gives valuable information
+ in reference to the interests confided to the supervision of his
+ Department, and reviews the operations of the Land Office, Pension
+ Office, Patent Office, and Indian Bureau.
+</p>
+<p>
+ During the fiscal year ending June 30, 1868, 6,655,700 acres of public
+ land were disposed of. The entire cash receipts of the General Land
+ Office for the same period were $1,632,745, being greater by $284,883
+ than the amount realized from the same sources during the previous year.
+ The entries under the homestead law cover 2,328,923 acres, nearly
+ one-fourth of which was taken under the act of June 21, 1866, which
+ applies only to the States of Alabama, Mississippi, Louisiana, Arkansas,
+ and Florida.
+</p>
+<p>
+ On the 30th of June, 1868, 169,643 names were borne on the pension
+ rolls, and during the year ending on that day the total amount paid for
+ pensions, including the expenses of disbursement, was $24,010,982, being
+ $5,391,025 greater than that expended for like purposes during the
+ preceding year.
+</p>
+<p>
+ During the year ending the 30th of September last the expenses of the
+ Patent Office exceeded the receipts by $171, and, including reissues
+ and designs, 14,153 patents were issued.
+</p>
+<p>
+ Treaties with various Indian tribes have been concluded, and will be
+ submitted to the Senate for its constitutional action. I cordially
+ sanction the stipulations which provide for reserving lands for the
+ various tribes, where they may be encouraged to abandon their nomadic
+ habits and engage in agricultural and industrial pursuits. This policy,
+ inaugurated many years since, has met with signal success whenever it
+ has been pursued in good faith and with becoming liberality by the
+ United States. The necessity for extending it as far as practicable in
+ our relations with the aboriginal population is greater now than at any
+ preceding period. Whilst we furnish subsistence and instruction to the
+ Indians and guarantee the undisturbed enjoyment of their treaty rights,
+ we should habitually insist upon the faithful observance of their
+ agreement to remain within their respective reservations. This is the
+ only mode by which collisions with other tribes and with the whites can
+ be avoided and the safety of our frontier settlements secured.
+</p>
+<p>
+ The companies constructing the railway from Omaha to Sacramento have
+ been most energetically engaged in prosecuting the work, and it is
+ believed that the line will be completed before the expiration of
+ the next fiscal year. The 6 per cent bonds issued to these companies
+ amounted on the 5th instant to $44,337,000, and additional work had
+ been performed to the extent of $3,200,000.
+</p>
+<p>
+ The Secretary of the Interior in August last invited my attention
+ to the report of a Government director of the Union Pacific Railroad
+ Company who had been specially instructed to examine the location,
+ construction, and equipment of their road. I submitted for the opinion
+ of the Attorney-General certain questions in regard to the authority of
+ the Executive which arose upon this report and those which had from time
+ to time been presented by the commissioners appointed to inspect each
+ successive section of the work. After carefully considering the law of
+ the case, he affirmed the right of the Executive to order, if necessary,
+ a thorough revision of the entire road. Commissioners were thereupon
+ appointed to examine this and other lines, and have recently submitted a
+ statement of their investigations, of which the report of the Secretary
+ of the Interior furnishes specific information.
+</p>
+<p>
+ The report of the Secretary of War contains information of interest and
+ importance respecting the several bureaus of the War Department and the
+ operations of the Army. The strength of our military force on the 30th
+ of September last was 48,000 men, and it is computed that by the 1st of
+ January next this number will be decreased to 43,000. It is the opinion
+ of the Secretary of War that within the next year a considerable
+ diminution of the infantry force may be made without detriment to the
+ interests of the country; and in view of the great expense attending the
+ military peace establishment and the absolute necessity of retrenchment
+ wherever it can be applied, it is hoped that Congress will sanction the
+ reduction which his report recommends. While in 1860 sixteen thousand
+ three hundred men cost the nation $16,472,000, the sum of $65,682,000
+ is estimated as necessary for the support of the Army during the fiscal
+ year ending June 30, 1870. The estimates of the War Department for
+ the last two fiscal years were, for 1867, $33,814,461, and for 1868
+ $25,205,669. The actual expenditures during the same periods were,
+ respectively, $95,224,415 and $123,246,648. The estimate submitted in
+ December last for the fiscal year ending June 30, 1869, was $77,124,707;
+ the expenditures for the first quarter, ending the 30th of September
+ last, were $27,219,117, and the Secretary of the Treasury gives
+ $66,000,000 as the amount which will probably be required during the
+ remaining three quarters, if there should be no reduction of the
+ Army&mdash;making its aggregate cost for the year considerably in excess
+ of ninety-three millions. The difference between the estimates and
+ expenditures for the three fiscal years which have been named is thus
+ shown to be $175,545,343 for this single branch of the public service.
+</p>
+<p>
+ The report of the Secretary of the Navy exhibits the operations of that
+ Department and of the Navy during the year. A considerable reduction of
+ the force has been effected. There are 42 vessels, carrying 411 guns, in
+ the six squadrons which are established in different parts of the world.
+ Three of these vessels are returning to the United States and 4 are used
+ as storeslips, leaving the actual cruising force 35 vessels, carrying
+ 356 guns. The total number of vessels in the Navy is 206, mounting 1,743
+ guns. Eighty-one vessels of every description are in use, armed with 696
+ guns. The number of enlisted men in the service, including apprentices,
+ has been reduced to 8,500. An increase of navy-yard facilities is
+ recommended as a measure which will in the event of war be promotive
+ of economy and security. A more thorough and systematic survey of the
+ North Pacific Ocean is advised in view of our recent acquisitions, our
+ expanding commerce, and the increasing intercourse between the Pacific
+ States and Asia. The naval pension fund, which consists of a moiety of
+ the avails of prizes captured during the war, amounts to $14,000,000.
+ Exception is taken to the act of 23d July last, which reduces the
+ interest on the fund loaned to the Government by the Secretary, as
+ trustee, to 3 per cent instead of 6 per cent, which was originally
+ stipulated when the investment was made. An amendment of the pension
+ laws is suggested to remedy omissions and defects in existing
+ enactments. The expenditures of the Department during the last fiscal
+ year were $20,120,394, and the estimates for the coming year amount
+ to $20,993,414.
+</p>
+<p>
+ The Postmaster-General's report furnishes a full and clear exhibit of
+ the operations and condition of the postal service. The ordinary postal
+ revenue for the fiscal year ending June 30, 1868, was $16,292,600,
+ the total expenditures, embracing all the service for which special
+ appropriations have been made by Congress, amounted to $22,730,592,
+ showing an excess of expenditures of $6,437,991. Deducting from the
+ expenditures the sum of $1,896,525, the amount of appropriations for
+ ocean-steamship and other special service, the excess of expenditures
+ was $4,541,466. By using an unexpended balance in the Treasury of
+ $3,800,000 the actual sum for which a special appropriation is required
+ to meet the deficiency is $741,466. The causes which produced this large
+ excess of expenditure over revenue were the restoration of service in
+ the late insurgent States and the putting into operation of new service
+ established by acts of Congress, which amounted within the last two
+ years and a half to about 48,700 miles&mdash;equal to more than one-third
+ of the whole amount of the service at the close of the war. New postal
+ conventions with Great Britain, North Germany, Belgium, the Netherlands,
+ Switzerland, and Italy, respectively, have been carried into effect.
+ Under their provisions important improvements have resulted in reduced
+ rates of international postage and enlarged mail facilities with
+ European countries. The cost of the United States transatlantic ocean
+ mail service since January 1, 1868, has been largely lessened under the
+ operation of these new conventions, a reduction of over one-half having
+ been effected under the new arrangements for ocean mail steamship
+ service which went into effect on that date. The attention of Congress
+ is invited to the practical suggestions and recommendations made in his
+ report by the Postmaster-General.
+</p>
+<p>
+ No important question has occurred during the last year in our
+ accustomed cordial and friendly intercourse with Costa Rica, Guatemala,
+ Honduras, San Salvador, France, Austria, Belgium, Switzerland, Portugal,
+ the Netherlands, Denmark, Sweden and Norway, Rome, Greece, Turkey,
+ Persia, Egypt, Liberia, Morocco, Tripoli, Tunis, Muscat, Siam, Borneo,
+ and Madagascar.
+</p>
+<p>
+ Cordial relations have also been maintained with the Argentine and the
+ Oriental Republics. The expressed wish of Congress that our national
+ good offices might be tendered to those Republics, and also to Brazil
+ and Paraguay, for bringing to an end the calamitous war which has so
+ long been raging in the valley of the La Plata, has been assiduously
+ complied with and kindly acknowledged by all the belligerents. That
+ important negotiation, however, has thus far been without result.
+</p>
+<p>
+ Charles A. Washburn, late United States minister to Paraguay, having
+ resigned, and being desirous to return to the United States, the
+ rear-admiral commanding the South Atlantic Squadron was early directed
+ to send a ship of war to Asuncion, the capital of Paraguay, to receive
+ Mr. Washburn and his family and remove them from a situation which was
+ represented to be endangered by faction and foreign war. The Brazilian
+ commander of the allied invading forces refused permission to the <i>Wasp</i>
+ to pass through the blockading forces, and that vessel returned to
+ its accustomed anchorage. Remonstrance having been made against this
+ refusal, it was promptly overruled, and the <i>Wasp</i> therefore resumed
+ her errand, received Mr. Washburn and his family, and conveyed them to
+ a safe and convenient seaport. In the meantime an excited controversy
+ had arisen between the President of Paraguay and the late United States
+ minister, which, it is understood, grew out of his proceedings in
+ giving asylum in the United States legation to alleged enemies of
+ that Republic. The question of the right to give asylum is one always
+ difficult and often productive of great embarrassment. In states well
+ organized and established, foreign powers refuse either to concede or
+ exercise that right, except as to persons actually belonging to the
+ diplomatic service. On the other hand, all such powers insist upon
+ exercising the right of asylum in states where the law of nations is
+ not fully acknowledged, respected, and obeyed.
+</p>
+<p>
+ The President of Paraguay is understood to have opposed to Mr.
+ Washburn's proceedings the injurious and very improbable charge of
+ personal complicity in insurrection and treason. The correspondence,
+ however, has not yet reached the United States.
+</p>
+<p>
+ Mr. Washburn, in connection with this controversy, represents that two
+ United States citizens attached to the legation were arbitrarily seized
+ at his Side, when leaving the capital of Paraguay, committed to prison,
+ and there subjected to torture for the purpose of procuring confessions
+ of their own criminality and testimony to support the President's
+ allegations against the United States minister. Mr. McMahon, the newly
+ appointed minister to Paraguay, having reached the La Plata, has been
+ instructed to proceed without delay to Asuncion, there to investigate
+ the whole subject. The rear-admiral commanding the United States South
+ Atlantic Squadron has been directed to attend the new minister with a
+ proper naval force to sustain such just demands as the occasion may
+ require, and to vindicate the rights of the United States citizens
+ referred to and of any others who may be exposed to danger in the
+ theater of war. With these exceptions, friendly relations have been
+ maintained between the United States and Brazil and Paraguay.
+</p>
+<p>
+ Our relations during the past year with Bolivia, Ecuador, Peru,
+ and Chile have become especially friendly and cordial. Spain and the
+ Republics of Peru, Bolivia, and Ecuador have expressed their willingness
+ to accept the mediation of the United States for terminating the war
+ upon the South Pacific coast. Chile has not finally declared upon the
+ question. In the meantime the conflict has practically exhausted itself,
+ since no belligerent or hostile movement has been made by either party
+ during the last two years, and there are no indications of a present
+ purpose to resume hostilities on either side. Great Britain and France
+ have cordially seconded our proposition of mediation, and I do not
+ forego the hope that it may soon be accepted by all the belligerents and
+ lead to a secure establishment of peace and friendly relations between
+ the Spanish American Republics of the Pacific and Spain&mdash;a result
+ which would be attended with common benefits to the belligerents
+ and much advantage to all commercial nations. I communicate, for
+ the consideration of Congress, a correspondence which shows that the
+ Bolivian Republic has established the extremely liberal principle of
+ receiving into its citizenship any citizen of the United States, or
+ of any other of the American Republics, upon the simple condition of
+ voluntary registry.
+</p>
+<p>
+ The correspondence herewith submitted wall be found painfully
+ replete with accounts of the ruin and wretchedness produced by recent
+ earthquakes, of unparalleled severity, in the Republics of Peru,
+ Ecuador, and Bolivia. The diplomatic agents and naval officers of the
+ United States who were present in those countries at the time of those
+ disasters furnished all the relief in their power to the sufferers, and
+ were promptly rewarded with grateful and touching acknowledgments by
+ the Congress of Peru. An appeal to the charity of our fellow-citizens
+ has been answered by much liberality. In this connection I submit an
+ appeal which has been made by the Swiss Republic, whose Government and
+ institutions are kindred to our own, in behalf of its inhabitants, who
+ are suffering extreme destitution, produced by recent devastating
+ inundations.
+</p>
+<p>
+ Our relations with Mexico during the year have been marked by an
+ increasing growth of mutual confidence. The Mexican Government has
+ not yet acted upon the three treaties celebrated here last summer for
+ establishing the rights of naturalized citizens upon a liberal and just
+ basis, for regulating consular powers, and for the adjustment of mutual
+ claims.
+</p>
+<p>
+ All commercial nations, as well as all friends of republican
+ institutions, have occasion to regret the frequent local disturbances
+ which occur in some of the constituent States of Colombia. Nothing has
+ occurred, however, to affect the harmony and cordial friendship which
+ have for several years existed between that youthful and vigorous
+ Republic and our own.
+</p>
+<p>
+ Negotiations are pending with a view to the survey and construction
+ of a ship canal across the Isthmus of Darien, under the auspices of
+ the United States. I hope to be able to submit the results of that
+ negotiation to the Senate during its present session.
+</p>
+<p>
+ The very liberal treaty which was entered into last year by the United
+ States and Nicaragua has been ratified by the latter Republic.
+</p>
+<p>
+ Costa Rica, with the earnestness of a sincerely friendly neighbor,
+ solicits a reciprocity of trade, which I commend to the consideration
+ of Congress.
+</p>
+<p>
+ The convention created by treaty between the United States and Venezuela
+ in July, 1865, for the mutual adjustment of claims, has been held,
+ and its decisions have been received at the Department of State. The
+ heretofore-recognized Government of the United States of Venezuela has
+ been subverted. A provisional government having been instituted under
+ circumstances which promise durability, it has been formally recognized.
+</p>
+<p>
+ I have been reluctantly obliged to ask explanation and satisfaction
+ for national injuries committed by the President of Hayti. The political
+ and social condition of the Republics of Hayti and St. Domingo is very
+ unsatisfactory and painful. The abolition of slavery, which has been
+ carried into effect throughout the island of St. Domingo and the entire
+ West Indies, except the Spanish islands of Cuba and Porto Rico, has
+ been followed by a profound popular conviction of the rightfulness
+ of republican institutions and an intense desire to secure them.
+ The attempt, however, to establish republics there encounters many
+ obstacles, most of which may be supposed to result from long-indulged
+ habits of colonial supineness and dependence upon European monarchical
+ powers. While the United States have on all occasions professed a
+ decided unwillingness that any part of this continent or of its adjacent
+ islands shall be made a theater for a new establishment of monarchical
+ power, too little has been done by us, on the other hand, to attach the
+ communities by which we are surrounded to our own country, or to lend
+ even a moral support to the efforts they are so resolutely and so
+ constantly making to secure republican institutions for themselves.
+ It is indeed a question of grave consideration whether our recent and
+ present example is not calculated to check the growth and expansion of
+ free principles, and make those communities distrust, if not dread,
+ a government which at will consigns to military domination States that
+ are integral parts of our Federal Union, and, while ready to resist any
+ attempts by other nations to extend to this hemisphere the monarchical
+ institutions of Europe, assumes to establish over a large portion of
+ its people a rule more absolute, harsh, and tyrannical than any known
+ to civilized powers.
+</p>
+<p>
+ The acquisition of Alaska was made with the view of extending national
+ jurisdiction and republican principles in the American hemisphere.
+ Believing that a further step could be taken in the same direction,
+ I last year entered into a treaty with the King of Denmark for the
+ purchase of the islands of St. Thomas and St. John, on the best terms
+ then attainable, and with the express consent of the people of those
+ islands. This treaty still remains under consideration in the Senate.
+ A new convention has been entered into with Denmark, enlarging the time
+ fixed for final ratification of the original treaty.
+</p>
+<p>
+ Comprehensive national policy would seem to sanction the acquisition and
+ incorporation into our Federal Union of the several adjacent continental
+ and insular communities as speedily as it can be done peacefully,
+ lawfully, and without any violation of national justice, faith, or
+ honor. Foreign possession or control of those communities has hitherto
+ hindered the growth and impaired the influence of the United States.
+ Chronic revolution and anarchy there would be equally injurious. Each
+ one of them, when firmly established as an independent republic, or when
+ incorporated into the United States, would be a new source of strength
+ and power. Conforming my Administration to these principles, I have on
+ no occasion lent support or toleration to unlawful expeditions set on
+ foot upon the plea of republican propagandism or of national extension
+ or aggrandizement. The necessity, however, of repressing such unlawful
+ movements clearly indicates the duty which rests upon us of adapting our
+ legislative action to the new circumstances of a decline of European
+ monarchical power and influence and the increase of American republican
+ ideas, interests, and sympathies.
+</p>
+<p>
+ It can not be long before it will become necessary for this Government
+ to lend some effective aid to the solution of the political and social
+ problems which are continually kept before the world by the two
+ Republics of the island of St. Domingo, and which are now disclosing
+ themselves more distinctly than heretofore in the island of Cuba. The
+ subject is commended to your consideration with all the more earnestness
+ because I am satisfied that the time has arrived when even so direct a
+ proceeding as a proposition for an annexation of the two Republics of
+ the island of St. Domingo would not only receive the consent of the
+ people interested, but would also give satisfaction to all other foreign
+ nations.
+</p>
+<p>
+ I am aware that upon the question of further extending our
+ possessions it is apprehended by some that our political system can not
+ successfully be applied to an area more extended than our continent; but
+ the conviction is rapidly gaining ground in the American mind that with
+ the increased facilities for intercommunication between all portions
+ of the earth the principles of free government, as embraced in our
+ Constitution, if faithfully maintained and carried out, would prove of
+ sufficient strength and breadth to comprehend within their sphere and
+ influence the civilized nations of the world.
+</p>
+<p>
+ The attention of the Senate and of Congress is again respectfully
+ invited to the treaty for the establishment of commercial reciprocity
+ with the Hawaiian Kingdom entered into last year, and already ratified
+ by that Government. The attitude of the United States toward these
+ islands is not very different from that in which they stand toward the
+ West Indies. It is known and felt by the Hawaiian Government and people
+ that their Government and institutions are feeble and precarious; that
+ the United States, being so near a neighbor, would be unwilling to see
+ the islands pass under foreign control. Their prosperity is continually
+ disturbed by expectations and alarms of unfriendly political
+ proceedings, as well from the United States as from other foreign
+ powers. A reciprocity treaty, while it could not materially diminish
+ the revenues of the United States, would be a guaranty of the good will
+ and forbearance of all nations until the people of the islands shall of
+ themselves, at no distant day, voluntarily apply for admission into the
+ Union.
+</p>
+<p>
+ The Emperor of Russia has acceded to the treaty negotiated here
+ in January last for the security of trade-marks in the interest
+ of manufacturers and commerce. I have invited his attention to the
+ importance of establishing, now while it seems easy and practicable,
+ a fair and equal regulation of the vast fisheries belonging to the
+ two nations in the waters of the North Pacific Ocean.
+</p>
+<p>
+ The two treaties between the United States and Italy for the regulation
+ of consular powers and the extradition of criminals, negotiated and
+ ratified here during the last session of Congress, have been accepted
+ and confirmed by the Italian Government. A liberal consular convention
+ which has been negotiated with Belgium will be submitted to the Senate.
+ The very important treaties which were negotiated between the United
+ States and North Germany and Bavaria for the regulation of the rights of
+ naturalized citizens have been duly ratified and exchanged, and similar
+ treaties have been entered into with the Kingdoms of Belgium and
+ Wurtemberg and with the Grand Duchies of Baden and Hesse-Darmstadt.
+ I hope soon to be able to submit equally satisfactory conventions of
+ the same character now in the course of negotiation with the respective
+ Governments of Spain, Italy, and the Ottoman Empire.
+</p>
+<p>
+ Examination of claims against the United States by the Hudsons Bay
+ Company and the Puget Sound Agricultural Company, on account of certain
+ possessory rights in the State of Oregon and Territory of Washington,
+ alleged by those companies in virtue of provisions of the treaty
+ between the United States and Great Britain of June 15, 1846, has been
+ diligently prosecuted, under the direction of the joint international
+ commission to which they were submitted for adjudication by treaty
+ between the two Governments of July 1, 1863, and will, it is expected,
+ be concluded at an early day.
+</p>
+<p>
+ No practical regulation concerning colonial trade and the fisheries can
+ be accomplished by treaty between the United States and Great Britain
+ until Congress shall have expressed their judgment concerning the
+ principles involved. Three other questions, however, between the United
+ States and Great Britain remain open for adjustment. These are the
+ mutual rights of naturalized citizens, the boundary question involving
+ the title to the island of San Juan, on the Pacific coast, and mutual
+ claims arising since the year 1853 of the citizens and subjects of the
+ two countries for injuries and depredations committed under the
+ authority of their respective Governments. Negotiations upon these
+ subjects are pending, and I am not without hope of being able to lay
+ before the Senate, for its consideration during the present session,
+ protocols calculated to bring to an end these justly exciting and
+ long-existing controversies.
+</p>
+<p>
+ We are not advised of the action of the Chinese Government upon the
+ liberal and auspicious treaty which was recently celebrated with its
+ plenipotentiaries at this capital.
+</p>
+<p>
+ Japan remains a theater of civil war, marked by religious incidents
+ and political severities peculiar to that long-isolated Empire. The
+ Executive has hitherto maintained strict neutrality among the
+ belligerents, and acknowledges with pleasure that it has been frankly
+ and fully sustained in that course by the enlightened concurrence and
+ cooperation of the other treaty powers, namely, Great Britain, France,
+ the Netherlands, North Germany, and Italy.
+</p>
+<p>
+ Spain having recently undergone a revolution marked by extraordinary
+ unanimity and preservation of order, the provisional government
+ established at Madrid has been recognized, and the friendly intercourse
+ which has so long happily existed between the two countries remains
+ unchanged.
+</p>
+<p>
+ I renew the recommendation contained in my communication to Congress
+ dated the 18th July last&mdash;a copy of which accompanies this message&mdash;that
+ the judgment of the people should be taken on the propriety of so
+ amending the Federal Constitution that it shall provide&mdash;
+</p>
+<p>
+ First. For an election of President and Vice-President by a direct vote
+ of the people, instead of through the agency of electors, and making
+ them ineligible for reelection to a second term.
+</p>
+<p>
+ Second. For a distinct designation of the person who shall discharge
+ the duties of President in the event of a vacancy in that office by the
+ death, resignation, or removal of both the President and Vice-President.
+</p>
+<p>
+ Third. For the election of Senators of the United States directly by
+ the people of the several States, instead of by the legislatures; and
+</p>
+<p>
+ Fourth. For the limitation to a period of years of the terms of Federal
+ judges.
+</p>
+<p>
+ Profoundly impressed with the propriety of making these important
+ modifications in the Constitution, I respectfully submit them for
+ the early and mature consideration of Congress. We should, as far
+ as possible, remove all pretext for violations of the organic law,
+ by remedying such imperfections as time and experience may develop,
+ ever remembering that "the constitution which at any time exists until
+ changed by an explicit and authentic act of the whole people is sacredly
+ obligatory upon all."
+</p>
+<p>
+ In the performance of a duty imposed upon me by the Constitution, I have
+ thus communicated to Congress information of the state of the Union and
+ recommended for their consideration such measures as have seemed to me
+ necessary and expedient. If carried into effect, they will hasten the
+ accomplishment of the great and beneficent purposes for which the
+ Constitution was ordained, and which it comprehensively states were
+ "to form a more perfect Union, establish justice, insure domestic
+ tranquillity, provide for the common defense, promote the general
+ welfare, and secure the blessings of liberty to ourselves and our
+ posterity." In Congress are vested all legislative powers, and upon them
+ devolves the responsibility as well for framing unwise and excessive
+ laws as for neglecting to devise and adopt measures absolutely demanded
+ by the wants of the country. Let us earnestly hope that before the
+ expiration of our respective terms of service, now rapidly drawing
+ to a close, an all-wise Providence will so guide our counsels as to
+ strengthen and preserve the Federal Union, inspire reverence for the
+ Constitution, restore prosperity and happiness to our whole people,
+ and promote "on earth peace, good will toward men."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ SPECIAL MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, <i>December 8, 1868</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit a copy of a note of the 24th of November last addressed to
+ the Secretary of State by the minister of Great Britain, communicating
+ a decree of the district court of the United States for the southern
+ district of New York ordering the payment of certain sums to the
+ defendants in a suit against the English schooner <i>Sibyl</i>, libeled as a
+ prize of war. It is requisite for the fulfillment of the decree that an
+ appropriation of the sums specified therein should be made by Congress.
+ The appropriation is recommended accordingly.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 11, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 7th
+ instant, relating to the correspondence with the American minister at
+ London concerning the so-called <i>Alabama</i> claims, I transmit a report
+ on the subject from the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 16, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 14th
+ December instant, I transmit the accompanying report<a href="#note-70"><small>70</small></a> of the Secretary
+ of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 16, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 14th
+ instant, requesting the correspondence which has taken place between the
+ United States minister at Brazil and Rear-Admiral Davis touching the
+ disposition of the American squadron at Rio Janeiro and the Paraguay
+ difficulties, I transmit a report of the Secretary of State upon that
+ subject.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 16, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In answer to the resolution of the Senate of the 8th instant, concerning
+ recent transactions in the region of the La Plata affecting the
+ political relations of the United States with Paraguay, the Argentine
+ Republic, Uruguay, and Brazil, I transmit a report of the Secretary of
+ State, which is accompanied by a copy of the papers called for by the
+ resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>December 18, 1868</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I herewith communicate a report of the Secretary of the Interior, in
+ answer to a resolution adopted by the House of Representatives on the
+ 16th instant, making inquiries in reference to the Union Pacific
+ Railroad and requesting the transmission of the report of the special
+ commissioners appointed to examine the construction and equipment of
+ the road.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 4, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in compliance with the request contained
+ in its resolution of the 15th ultimo, a report from the Secretary of
+ State, communicating information in regard to the action of the mixed
+ commission for the adjustment of claims by citizens of the United
+ States against the Government of Venezuela.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 4, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives a report from the Secretary
+ of State, with accompanying papers, in relation to the resolution of
+ Congress approved July 20, 1867, "declaring sympathy with the suffering
+ people of Crete."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<center>
+ [The same message was sent to the Senate.]
+</center>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 4, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, an additional article to the convention of the 24th of
+ October, 1867, between the United States and His Majesty the King of
+ Denmark.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 5, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States and His Hawaiian
+ Majesty, signed in this city on the 28th day of July last, stipulating
+ for an extension of the period for the exchange of the ratifications of
+ the convention between the same parties on the subject of commercial
+ reciprocity.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 7, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit herewith, in answer to a resolution of the House of
+ Representatives of the 16th of December last, a report<a href="#note-71"><small>71</small></a> from the
+ Secretary of State of the 6th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 8, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ In conformity with the requirements of the sixth section of the act of
+ the 22d of June, 1860, to carry into effect provisions of the treaty
+ with China and certain other Oriental nations, I transmit to Congress a
+ copy of eight rules agreed upon between the Chinese Imperial Government
+ and the minister of the United States and those of other foreign powers
+ accredited to that Government, for conducting the proceedings of the
+ joint tribunal in cases of confiscation and fines for breaches of the
+ revenue laws of that Empire. These rules, which are accompanied by
+ correspondence between our minister and Secretary of State on the
+ subject, are commended to the consideration of Congress with a view
+ to their approval.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 8, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 17th
+ ultimo, a report<a href="#note-72"><small>72</small></a> from the Secretary of State, with an accompanying
+ paper.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 11, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States and Belgium upon
+ the subject of naturalization, which was signed at Brussels on the 16th
+ of November last.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 11, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, a convention between the United States and Belgium
+ concerning the rights, privileges, and immunities of consuls in the
+ two countries, signed at Brussels on the 5th ultimo.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 11, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, an additional article of the treaty of commerce and
+ navigation between the United States and Belgium of the 17th of July,
+ 1858, which was signed at Brussels on the 20th ultimo.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 12, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit a copy of a convention between the United States and Peru,
+ signed at Lima on the 4th of last month, stipulating for a mixed
+ commission for the adjustment of claims of citizens of the two
+ countries. An extract from that part of the dispatch of the minister of
+ the United States at Lima which accompanied the copy referred to, and
+ which relates to it, is also transmitted. It will be seen from this
+ extract that it is desirable that the decision of the Senate upon
+ the instrument should be given as early as may be convenient. It is
+ consequently recommended for consideration with a view to ratification.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 13, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded at Washington, D.C., August 13, 1868, between the
+ United States and the Nez Perce tribe of Indians, which treaty is
+ supplemental to and amendatory of the treaty concluded with said tribe
+ June 9, 1863. A communication from the Secretary of the Interior of the
+ 12th instant, inclosing a copy of a report of the Commissioner of Indian
+ Affairs of the 11th instant, is also herewith transmitted.<a href="#note-73"><small>73</small></a>
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 14, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of War, together with
+ the original papers accompanying the same, submitted in compliance
+ with the resolution of the Senate of the 5th instant, requesting such
+ information as is furnished by the files of the War Department in
+ relation to the erection of fortifications at Lawrence, Kans., in 1864
+ and 1865.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 15, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the opinion of the Senate as to the expediency of
+ concluding a convention based thereupon, a protocol, signed at London on
+ the 9th of October last, for regulating the citizenship of citizens of
+ the United States who have emigrated or who may emigrate from the United
+ States to the British dominions, and of British subjects who have
+ emigrated or who may emigrate from the British dominions to the United
+ States of America.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 15, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for consideration with a view to its
+ ratification, a copy of a treaty between the United States and Great
+ Britain, signed yesterday at London, providing for the reference to an
+ arbiter of the question of difference between the United States and
+ Great Britain concerning the northwest line of water boundary between
+ the United States and the British possessions in North America. It is
+ expected that the original of the convention will be forwarded by the
+ steamer which leaves Liverpool to-morrow. Circumstances, however, to
+ which it is unnecessary to advert, in my judgment make it advisable to
+ communicate to the Senate the copy referred to in advance of the arrival
+ of the original instrument.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 15, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for consideration with a view of its
+ ratification, a copy of a convention between the United States and
+ Great Britain, signed yesterday at London, providing for the adjustment
+ of all outstanding claims of the citizens and subjects of the parties,
+ respectively. It is expected that the original of the convention
+ will be forwarded by the steamer which leaves Liverpool to-morrow.
+ Circumstances, however, to which it is unnecessary to advert, in my
+ judgment make it advisable to communicate to the Senate the copy
+ referred to in advance of the arrival of the original instrument.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 18, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The resolution adopted on the 5th instant, requesting the President "to
+ transmit to the Senate a copy of any proclamation of amnesty made by him
+ since the last adjournment of Congress, and also to communicate to the
+ Senate by what authority of law the same was made," has been received.
+</p>
+<p>
+ I accordingly transmit herewith a copy of a proclamation dated the 25th
+ day of December last. The authority of law by which it was made is set
+ forth in the proclamation itself, which expressly affirms that it was
+ issued "by virtue of the power and authority in me vested by the
+ Constitution, and in the name of the sovereign people of the United
+ States," and proclaims and declares "unconditionally and without
+ reservation, to all and to every person who, directly or indirectly,
+ participated in the late insurrection or rebellion, a full pardon and
+ amnesty for the offense of treason against the United States, or of
+ adhering to their enemies during the late civil war, with restoration of
+ all rights, privileges, and immunities under the Constitution and the
+ laws which have been made in pursuance thereof."
+</p>
+<p>
+ The Federal Constitution is understood to be and is regarded by the
+ Executive as the supreme law of the land. The second section of article
+ second of that instrument provides that the President "shall have power
+ to grant reprieves and pardons for offenses against the United States,
+ except in cases of impeachment." The proclamation of the 25th ultimo is
+ in strict accordance with the judicial expositions of the authority thus
+ conferred upon the Executive, and, as will be seen by reference to the
+ accompanying papers, is in conformity with the precedent established by
+ Washington in 1795, and followed by President Adams in 1800, Madison in
+ 1815, and Lincoln in 1863, and by the present Executive in 1865, 1867,
+ and 1868.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 20, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of War, made in
+ compliance with the resolution of the Senate of the 19th ultimo,
+ requesting information in reference to the payment of rent for the use
+ of the building known as the Libby Prison, in the city of Richmond, Va.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 22, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, an additional article to the convention between the United
+ States and His Majesty the King of Italy for regulating the jurisdiction
+ of consuls.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 22, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its consideration with a view to
+ ratification, an additional article to the convention between the United
+ States and His Majesty the King of Italy for the mutual extradition of
+ criminals fugitives from justice.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>January 23, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for the constitutional action of
+ that body, a treaty concluded at the council house on the Cattaraugus
+ Reservation, in Erie County, N.Y., on the 4th day of December, 1868,
+ by Walter R. Irwin, commissioner on the part of the United States, and
+ the duly authorized representatives of the several tribes and bands of
+ Indians residing in the State of New York, A copy of a letter from the
+ Secretary of the Interior, dated the 22d instant, and the papers therein
+ referred to, in relation to the treaty, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 26, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit for the consideration of Congress, in conformity with the
+ requirements of the sixth section of the act of the 22d of June, 1860,
+ a copy of certain regulations for the consular courts in China,
+ prohibiting steamers sailing under the flag of the United States from
+ using or passing through the Straw Shoe Channel on the river Yangtse,
+ decreed by S. Wells Williams, chargé d'affaires, on the 1st of June, and
+ promulgated by George F. Seward, consul-general at Shanghai, on the 25th
+ of July, 1868, with the assent of five of the United States consuls in
+ China, G.H. Colton Salter dissenting. His objections to the regulations
+ are set forth in the accompanying copy of a communication of the 10th of
+ October last, inclosed in Consul-General Seward's dispatch of the 14th
+ of the game month to the Secretary of State, a copy of which is also
+ transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>January 26, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a report from the Secretary of State, with
+ accompanying documents, in relation to the gold medal presented to Mr.
+ George Peabody pursuant to the resolution of Congress of March 16, 1867.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 27, 1860</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to their
+ resolution of the 23d instant, the accompanying report<a href="#note-74"><small>74</small></a> from
+ the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 27, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a communication from the Secretary of War, upon the
+ subject of the resolution of the Senate of the 21st instant, requesting
+ a copy of the report of Brevet Major-General William S. Harney upon the
+ Sioux and other Indians congregated under treaties made with them by the
+ special peace commission.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives of the United States</i>:
+</p>
+<p>
+ I transmit to the House of Representatives, in answer to a resolution
+ of the House of Representatives without date, received at the Executive
+ Mansion on the 10th of December, calling for correspondence in relation
+ to the cases of Messrs. Costello and Warren, naturalized citizens of the
+ United States imprisoned in Great Britain, a report from the Secretary
+ of State and the papers to which it refers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>January 29, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its consideration in connection
+ with the treaty with the New York Indians concluded November 4, 1868,
+ which is now before that body for its constitutional action, an
+ additional article of said treaty as an amendment.
+</p>
+<p>
+ A communication, dated the 28th instant, from the Secretary of the
+ Interior, and a copy of a report of the Commissioner of Indian Affairs,
+ explaining the object of the amendment, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 1, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to the resolution of the House of Representatives of the 16th
+ of December last, in relation to the arrest of American citizens in
+ Paraguay, I transmit a report of the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 1, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In further answer to the resolution of the Senate of the 8th of December
+ last, concerning recent transactions in the region of the La Plata
+ affecting the political relations of the United States with Paraguay,
+ the Argentine Republic, Uruguay, and Brazil, I transmit a report from
+ the Secretary of State.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 2, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ two treaties made by the commissioners appointed under the act of
+ Congress of 20th July, 1867, to establish peace with certain hostile
+ tribes, viz:
+</p>
+<p>
+ A treaty concluded at Fort Laramie, Dakota Territory, on the 2Qth April,
+ 1868, with various bands of the Sioux or Dakota Nation of Indians.
+</p>
+<p>
+ A treaty concluded at Fort Bridger, Utah Territory, on the 3d day of
+ July, 1868, with the Shoshone (eastern band) and Bannock Indians.
+</p>
+<p>
+ A communication from the Secretary of the Interior, dated the 2d
+ instant, inclosing a copy of a letter to him from the Commissioner of
+ Indian Affairs of the 28th ultimo, together with the correspondence
+ therein referred to, relating to said treaties, are also herewith
+ transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 3, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit, for the consideration of Congress, a report from the
+ Secretary of State, and the papers which accompany it, in relation to
+ the encroachments of agents of the Hudsons Bay Company upon the trade
+ and territory of Alaska.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 4, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for the constitutional action of that
+ body thereon, the following treaties, concluded with various bands and
+ tribes of Indians by William I. Cullen, special agent for Indians in
+ Montana, viz:
+</p>
+<p>
+ Treaty concluded at Fort Hawley on the 13th July, 1868, with the Gros
+ Ventres.
+</p>
+<p>
+ Treaty concluded at Fort Hawley on the 15th July, 1868, with the River
+ Crow Indians.
+</p>
+<p>
+ Treaty concluded at Fort Benton September 1, 1868, with the Blackfeet
+ Nation (composed of the tribe of that name and the Blood and Piegan
+ tribes).
+</p>
+<p>
+ Treaty with the mixed bands of Shoshones, Bannocks, and Sheepeaters,
+ concluded at Virginia City September 24, 1868.
+</p>
+<p>
+ A letter of the Secretary of the Interior, dated the 3d instant, and
+ the report of the Commissioner of Indian Affairs, dated the 2d instant,
+ explaining the provisions of the several treaties and suggesting an
+ amendment of some of them, and submitting maps and papers connected with
+ said treaties, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 4, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 23d
+ January ultimo, I transmit a report<a href="#note-75"><small>75</small></a> of the Secretary of State, which is
+ accompanied by a copy of the correspondence called for by the resolution.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 8, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Referring to my communications of the 16th of December, 1868, and of
+ the 1st of February instant, addressed to the Senate in answer to the
+ resolution of that body of the 8th of December last, concerning recent
+ transactions in the region of the La Plata, I transmit a report of the
+ Secretary of State and the papers which accompany it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 9, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ In answer to a resolution of the House of Representatives of the 13th
+ ultimo, requesting information as to expenditures by the northwestern
+ boundary commission, I transmit a report from the Secretary of State on
+ the subject, and the papers which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 9, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for the constitutional action of that
+ body thereon, a treaty concluded on the 2d day of September, 1868,
+ between the United States and the Creek Nation of Indians by their duly
+ authorized delegates.
+</p>
+<p>
+ A letter from the Secretary of the Interior, dated the 8th instant, and
+ a report of the Commissioner of Indian Affairs, dated the 6th instant,
+ in relation to said treaty, are also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 11, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 21st
+ ultimo, a report from the Secretary of State, with accompanying papers,
+ in relation to the establishment of the Robert College at
+ Constantinople.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 13, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for their action thereon, a mutual
+ relinquishment of the agreement between the Ottawa and Chippewa Indians
+ of Kansas, which agreement is appended to a treaty now before the Senate
+ between the United States and the Swan Creek and Black River Chippewas
+ and the Munsee or Christian Indians, concluded on the 1st of June, 1868.
+</p>
+<p>
+ A letter of the Secretary of the Interior of the 11th instant, together
+ with the papers therein referred to, is also herewith transmitted.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 15, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit, for the consideration of the Senate with a view to
+ ratification, a convention between the United States of America arid the
+ United States of Colombia for facilitating and securing the construction
+ of a ship canal between the Atlantic and Pacific oceans through the
+ continental isthmus lying without the jurisdiction of the United States
+ of Colombia, which instrument was signed at Bogota on the 14th instant.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 17, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith lay before the Senate, for its constitutional action thereon,
+ a treaty concluded on the 11th instant, in the city of Washington,
+ between the United States and the Sac and Fox Indians of the Missouri
+ and the Iowa tribe of Indians. A letter of the Secretary of the Interior
+ of the 16th instant, together with the letters therein referred to,
+ accompany the treaty. For reasons stated in the accompanying
+ communications, I request to withdraw from the Senate a treaty with the
+ Sac and Fox Indians of the Missouri, concluded February 19, 1867, now
+ pending before that body.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 17, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a report from the Secretary of State, with
+ accompanying documents, in relation to the gold medal presented to Mr.
+ Cyrus W. Field pursuant to the resolution of Congress of March 2, 1867.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ EXECUTIVE MANSION, <i>February 17, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I herewith present, for the consideration of the Senate in connection
+ with the treaty with the Brule and other bands of Sioux Indians now
+ pending before that body, a communication from the Secretary of the
+ Interior, dated the 16th instant, and accompanying letters from the
+ Commissioner of Indian Affairs and P. H. Conger, United States Indian
+ agent for the Yankton Sioux, requesting that the benefits of said treaty
+ may be extended to the Yankton Sioux and all the bands and individuals
+ of the Dakota Sioux.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 17, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, in answer to their resolution of the 19th
+ ultimo, relating to fisheries, a report from the Secretary of State and
+ the documents which accompanied it.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 18, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit to the Senate, for its constitutional action, a treaty
+ concluded on the 13th instant between the United States and the Otoe and
+ Missouria tribe of Indians, together with the accompanying papers.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 19, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a correspondence which has taken place
+ between the Secretary of State and the minister of the United States at
+ Paris, in relation to the use of passports by citizens of the United
+ States in France.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 20, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ I transmit an additional report from the Secretary of State,
+ representing that Messrs. Costello and Warren, citizens of the United
+ States imprisoned in Ireland, have been released.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 23, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ I transmit herewith a report from the Secretary of the Treasury, on
+ the subject of the resolution of the Senate of the 13th January last,
+ requesting "that the President direct the Secretary of the Treasury to
+ detail an officer to select from the public lands such permanent points
+ upon the coast of Oregon, Washington Territory, and Alaska as in his
+ judgment may be necessary for light-house purposes, in view of the
+ future commercial necessity of the Pacific Coast, and to reserve the
+ same for exclusive use of the United States."
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 23, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ Referring to my communication to Congress of the 26th ultimo, concerning
+ a decree made by the United States chargé d'affaires in China, on 1st
+ of June last, prohibiting steamers sailing under the flag of the United
+ States from using or passing through the Straw Shoe Channel on the
+ Yangtse River, I now transmit a copy of a dispatch of the 22d of August
+ last, No. 25, from S. Wells Williams, esq., and of such of the papers
+ accompanying it as were not contained in my former communication. I also
+ transmit a copy of the reply of the 6th instant made by the Secretary of
+ State to the above-named dispatch.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>February 24, 1869</i>.
+</p>
+<p>
+ <i>To the Senate and House of Representatives</i>:
+</p>
+<p>
+ I transmit to Congress a copy of a convention between the United States
+ and the Mexican Republic, providing for the adjustment of the claims of
+ citizens of either country against the other, signed on the 4th day of
+ July last, and the ratifications of which were exchanged on the 1st
+ instant.
+</p>
+<p>
+ It is recommended that such legislation as may be necessary to carry
+ this convention into effect shall receive early consideration.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>March 1, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ In compliance with the request of the Senate of the 27th ultimo,
+ I return herewith their resolution of the 26th February, calling for a
+ statement of internal-revenue stamps issued by the Government since the
+ passage of the act approved July 1, 1862.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ VETO MESSAGES.
+</h2>
+<p class="r">
+ WASHINGTON, D.C., <i>February 13, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ The bill entitled "An act transferring the duties of trustees of colored
+ schools of Washington and Georgetown" is herewith returned to the
+ Senate, in which House it originated, without my approval.
+</p>
+<p>
+ The accompanying paper exhibits the fact that the legislation which the
+ bill proposes is contrary to the wishes of the colored residents of
+ Washington and Georgetown, and that they prefer that the schools for
+ their children should be under the management of trustees selected by
+ the Secretary of the Interior, whose term of office is for four years,
+ rather than subject to the control of bodies whose tenure of office,
+ depending merely upon political considerations, may be annually affected
+ by the elections which take place in the two cities.
+</p>
+<p>
+ The colored people of Washington and Georgetown are at present not
+ represented by a person of their own race in either of the boards of
+ trustees of public schools appointed by the municipal authorities.
+ Of the three trustees, however, who, under the act of July 11, 1862,
+ compose the board of trustees of the schools for colored children, two
+ are persons of color. The resolutions transmitted herewith show that
+ they have performed their trust in a manner entirely satisfactory to
+ the colored people of the two cities, and no good reason is known to
+ the Executive why the duties which now devolve upon them should be
+ transferred as proposed in the bill.
+</p>
+<p>
+ With these brief suggestions the bill is respectfully returned, and the
+ consideration of Congress invited to the accompanying preamble and
+ resolutions.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, D.C., <i>February 22, 1869</i>.
+</p>
+<p>
+ <i>To the House of Representatives</i>:
+</p>
+<p>
+ The accompanying bill, entitled "An act regulating the duties on
+ imported copper and copper ores," is, for the following reasons,
+ returned, without my approval, to the House of Representatives, in which
+ branch of Congress it originated.
+</p>
+<p>
+ Its immediate effect will be to diminish the public receipts, for the
+ object of the bill can not be accomplished without seriously affecting
+ the importation of copper and copper ores, from which a considerable
+ revenue is at present derived. While thus impairing the resources of the
+ Government, it imposes an additional tax upon an already overburdened
+ people, who should not be further impoverished that monopolies may be
+ fostered and corporations enriched.
+</p>
+<p>
+ It is represented&mdash;and the declaration seems to be sustained by
+ evidence&mdash;that the duties for which this bill provides are nearly or
+ quite sufficient to prohibit the importation of certain foreign ores of
+ copper. Its enactment, therefore, will prove detrimental to the shipping
+ interests of the nation, and at the same time destroy the business, for
+ many years successfully established, of smelting home ores in connection
+ with a smaller amount of the imported articles. This business, it is
+ credibly asserted, has heretofore yielded the larger share of the copper
+ production of the country, and thus the industry which this legislation
+ is designed to encourage is actually less than that which will be
+ destroyed by the passage of this bill.
+</p>
+<p>
+ It seems also to be evident that the effect of this measure will be to
+ enhance by 70 per cent the cost of blue vitriol&mdash;an article extensively
+ used in dyeing and in the manufacture of printed and colored cloths. To
+ produce such an augmentation in the price of this commodity will be to
+ discriminate against other great branches of domestic industry, and by
+ increasing their cost to expose them most unfairly to the effects of
+ foreign competition. Legislation can neither be wise nor just which
+ seeks the welfare of a single interest at the expense and to the injury
+ of many and varied interests at least equally important and equally
+ deserving the consideration of Congress. Indeed, it is difficult to find
+ any reason which will justify the interference of Government with any
+ legitimate industry, except so far as may be rendered necessary by the
+ requirements of the revenue. As has already been stated, however, the
+ legislative intervention proposed in the present instance will diminish,
+ not increase, the public receipts.
+</p>
+<p>
+ The enactment of such a law is urged as necessary for the relief of
+ certain mining interests upon Lake Superior, which, it is alleged,
+ are in a greatly depressed condition, and can only be sustained by an
+ enhancement of the price of copper. If this result should follow the
+ passage of the bill, a tax for the exclusive benefit of a single class
+ would be imposed upon the consumers of copper throughout the entire
+ country, not warranted by any need of the Government, and the avails of
+ which would not in any degree find their way into the Treasury of the
+ nation. If the miners of Lake Superior are in a condition of want, it
+ can not be justly affirmed that the Government should extend charity to
+ them in preference to those of its citizens who in other portions of the
+ country suffer in like manner from destitution. Least of all should the
+ endeavor to aid them be based upon a method so uncertain and indirect as
+ that contemplated by the bill, and which, moreover, proposes to continue
+ the exercise of its benefaction through an indefinite period of years.
+ It is, besides, reasonable to hope that positive suffering from want,
+ if it really exists, will prove but temporary in a region where
+ agricultural labor is so much in demand and so well compensated. A
+ careful examination of the subject appears to show that the present
+ low price of copper, which alone has induced any depression the mining
+ interests of Lake Superior may have recently experienced, is due to
+ causes which it is wholly impolitic, if not impracticable, to contravene
+ by legislation. These causes are, in the main, an increase in the
+ general supply of copper, owing to the discovery and working of
+ remarkably productive mines and to a coincident restriction in the
+ consumption and use of copper by the substitution of other and cheaper
+ metals for industrial purposes. It is now sought to resist by artificial
+ means the action of natural laws; to place the people of the United
+ States, in respect to the enjoyment and use of an essential commodity,
+ upon a different basis from other nations, and especially to compensate
+ certain private and sectional interests for the changes and losses which
+ are always incident to industrial progress.
+</p>
+<p>
+ Although providing for an increase of duties, the proposed law does not
+ even come within the range of protection, in the fair acceptation of the
+ term. It does not look to the fostering of a young and feeble interest
+ with a view to the ultimate attainment of strength and the capacity
+ of self-support. It appears to assume that the present inability for
+ successful production is inherent and permanent, and is more likely
+ to increase than to be gradually overcome; yet in spite of this it
+ proposes, by the exercise of the lawmaking power, to sustain that
+ interest and to impose it in hopeless perpetuity as a tax upon the
+ competent and beneficent industries of the country.
+</p>
+<p>
+ The true method for the mining interests of Lake Superior to
+ obtain relief, if relief is needed, is to endeavor to make their great
+ natural resources fully available by reducing the cost of production.
+ Special or class legislation can not remedy the evils which this bill
+ is designed to meet. They can only be overcome by laws which will effect
+ a wise, honest, and economical administration of the Government, a
+ reestablishment of the specie standard of value, and an early adjustment
+ of our system of State, municipal, and national taxation (especially the
+ latter) upon the fundamental principle that all taxes, whether collected
+ under the internal revenue or under a tariff, shall interfere as little
+ as possible with the productive energies of the people.
+</p>
+<p>
+ The bill is therefore returned, in the belief that the true interests
+ of the Government and of the people require that it should not become
+ a law.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ PROCLAMATION.
+</h2>
+<h3>
+ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+</h3>
+<h4>
+ A PROCLAMATION.
+</h4>
+<p>
+ Whereas the President of the United States has heretofore set forth
+ several proclamations offering amnesty and pardon to persons who
+ had been or were concerned in the late rebellion against the lawful
+ authority of the Government of the United States, which proclamations
+ were severally issued on the 8th day of December, 1863, on the 26th
+ day of March, 1864, on the 29th day of May, 1865, on the 7th day of
+ September, 1867, and on the 4th day of July, in the present year; and
+</p>
+<p>
+ Whereas the authority of the Federal Government having been
+ reestablished in all the States and Territories within the jurisdiction
+ of the United States, it is believed that such prudential reservations
+ and exceptions as at the dates of said several proclamations were deemed
+ necessary and proper may now be wisely and justly relinquished, and that
+ an universal amnesty and pardon for participation in said rebellion
+ extended to all who have borne any part therein will tend to secure
+ permanent peace, order, and prosperity throughout the land, and to renew
+ and fully restore confidence and fraternal feeling among the whole
+ people, and their respect for and attachment to the National Government,
+ designed by its patriotic founders for the general good:
+</p>
+<p>
+ Now, therefore, be it known that I, Andrew Johnson, President of the
+ United States, by virtue of the power and authority in me vested by the
+ Constitution and in the name of the sovereign people of the United
+ States, do hereby proclaim and declare, unconditionally and without
+ reservation, to all and to every person who, directly or indirectly,
+ participated in the late insurrection or rebellion a full pardon and
+ amnesty for the offense of treason against the United States or of
+ adhering to their enemies during the late civil war, with restoration
+ of all rights, privileges, and immunities under the Constitution and
+ the laws which have been made in pursuance thereof.
+</p>
+<p>
+ In testimony whereof I have signed these presents with my hand and have
+ caused the seal of the United States to be hereunto affixed.
+</p>
+<p>
+ [SEAL.]
+</p>
+<p>
+ Done at the city of Washington, the 25th day of December, A.D. 1868, and
+ of the Independence of the United States of America the ninety-third.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+By the President:<br>
+ F.W. SEWARD,<br>
+ <i>Acting Secretary of State</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+</h2>
+<p>
+ On the 24th of February, 1868, the House of Representatives of the
+ Congress of the United States resolved to impeach Andrew Johnson,
+ President of the United States, of high crimes and misdemeanors, of
+ which the Senate was apprised, and arrangements were made for the trial.
+ On the 2d and 3d of March articles of impeachment were agreed upon by
+ the House of Representatives, and on the 4th they were presented to the
+ Senate by the managers on the part of the House, Mr. John A. Bingham,
+ Mr. George S. Boutwell, Mr. James F. Wilson, Mr. Benjamin F. Butler, Mr.
+ Thomas Williams, Mr. John A. Logan, and Mr. Thaddeus Stevens, who were
+ accompanied by the House as a Committee of the Whole. The articles are
+ as follows:
+</p>
+<center>
+ IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, <i>March 2, 1868</i>.
+</center>
+<p style="text-indent: -2em; padding-left: 2em;">
+ ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
+ IN THE NAME OF THEMSELVES AND ALL THE PEOPLE OF THE UNITED STATES,
+ AGAINST ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, IN MAINTENANCE
+ AND SUPPORT OF THEIR IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND
+ MISDEMEANORS IN OFFICE.
+</p>
+<p>
+ ARTICLE I. That said Andrew Johnson, President of the United States,
+ on the 21st day of February, A.D. 1868, at Washington, in the District
+ of Columbia, unmindful of the high duties of his office, of his oath
+ of office, and of the requirement of the Constitution that he should
+ take care that the laws be faithfully executed, did unlawfully and in
+ violation of the Constitution and laws of the United States issue an
+ order in writing for the removal of Edwin M. Stanton from the office
+ of Secretary for the Department of War, said Edwin M. Stanton having
+ been theretofore duly appointed and commissioned, by and with the advice
+ and consent of the Senate of the United States, as such Secretary;
+ and said Andrew Johnson, President of the United States, on the 12th
+ day of August, A.D. 1867, and during the recess of said Senate, having
+ suspended by his order Edwin M. Stanton from said office, and within
+ twenty days after the first day of the next meeting of said Senate&mdash;that
+ is to say, on the 12th day of December, in the year last aforesaid&mdash;having
+ reported to said Senate such suspension, with the evidence and reasons
+ for his action in the case and the name of the person designated to
+ perform the duties of such office temporarily until the next meeting of
+ the Senate; and said Senate thereafterwards, on the 13th day of January,
+ A.D. 1868, having duly considered the evidence and reasons reported by
+ said Andrew Johnson for said suspension, and having refused to concur
+ in said suspension, whereby and by force of the provisions of an act
+ entitled "An act regulating the tenure of certain civil offices," passed
+ March 2, 1867, said Edwin M. Stanton did forthwith resume the functions
+ of his office, whereof the said Andrew Johnson had then and there due
+ notice; and said Edwin M. Stanton, by reason of the premises, on said
+ 21st day of February, being lawfully entitled to hold said office of
+ Secretary for the Department of War; which said order for the removal
+ of said Edwin M. Stanton is in substance as follows; that is to say:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p><p class="q">
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Washington, D.C.</i>
+</p><p class="q">
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby removed
+ from office as Secretary for the Department of War, and your functions
+ as such will terminate upon the receipt of this communication.
+</p><p class="q">
+ You will transfer to Brevet Major-General Lorenzo Thomas,
+ Adjutant-General of the Army, who has this day been authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, all records, books,
+ papers, and other public property now in your custody and charge.
+</p><p class="q">
+ Respectfully, yours,
+<p class="q" style="text-align: right;">
+ ANDREW JOHNSON.
+</p>
+<p>
+ which order was unlawfully issued with intent then and there to violate
+ the act entitled "An act regulating the tenure of certain civil
+ offices," passed March 2, 1867, and with the further intent, contrary,
+ to the provisions of said act, in violation thereof, and contrary to the
+ provisions of the Constitution of the United States, and without the
+ advice and consent of the Senate of the United States, the said Senate
+ then and there being in session, to remove said Edwin M. Stanton from
+ the office of Secretary for the Department of War, the said Edwin M.
+ Stanton being then and there Secretary for the Department of War, and
+ being then and there in the due and lawful execution and discharge of
+ the duties of said office; whereby said Andrew Johnson, President of
+ the United States, did then and there commit and was guilty of a high
+ misdemeanor in office.
+</p>
+<p>
+ ART. II. That on said 21st day of February, A.D. 1868, at Washington, in
+ the District of Columbia, said Andrew Johnson, President of the United
+ States, unmindful of the high duties of his office, of his oath of
+ office, and in violation of the Constitution of the United States, and
+ contrary to the provisions of an act entitled "An act regulating the
+ tenure of certain civil offices," passed March 2, 1867, without the
+ advice and consent of the Senate of the United States, said Senate then
+ and there being in session, and without authority of law, did, with
+ intent to violate the Constitution of the United States and the act
+ aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority
+ in substance as follows; that is to say:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p><p class="q">
+ Brevet Major-General LORENZO THOMAS,
+<br>
+ <i>Adjutant-General United States Army, Washington, D.C.</i>
+</p><p class="q">
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+</p><p class="q">
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+</p><p class="q">
+ Respectfully, yours,
+</p><p class="q" style="text-align: right;">
+ ANDREW JOHNSON.
+</p>
+<p>
+ then and there being no vacancy in said office of Secretary for the
+ Department of War; whereby said Andrew Johnson, President of the United
+ States, did then and there commit and was guilty of a high misdemeanor
+ in office.
+</p>
+<p>
+ ART. III. That said Andrew Johnson, President of the United States, on
+ the 21st day of February, A.D. 1868, at Washington, in the District of
+ Columbia, did commit and was guilty of a high misdemeanor in office in
+ this, that without authority of law, while the Senate of the United
+ States was then and there in session, he did appoint one Lorenzo Thomas
+ to be Secretary for the Department of War <i>ad interim</i>, without the
+ advice and consent of the Senate, and with intent to violate the
+ Constitution of the United States, no vacancy having happened in said
+ office of Secretary for the Department of War during the recess of the
+ Senate, and no vacancy existing in said office at the time, and which
+ said appointment, so made by said Andrew Johnson, of said Lorenzo
+ Thomas, is in substance as follows; that is to say:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p><p class="q">
+ Brevet Major-General LORENZO THOMAS,
+<br>
+ <i>Adjutant-General United States Army, Washington, D.C.</i>
+</p><p class="q">
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+</p><p class="q">
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+</p><p class="q">
+ Respectfully, yours,
+</p><p class="q" style="text-align: right;">
+ ANDREW JOHNSON.
+</p>
+<p>
+ ART. IV. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and his oath of office, in
+ violation of the Constitution and laws of the United States, on the 21st
+ day of February, A.D. 1868, at Washington, in the District of Columbia,
+ did unlawfully conspire with one Lorenzo Thomas, and with other persons
+ to the House of Representatives unknown, with intent, by intimidation
+ and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and
+ there the Secretary for the Department of War, duly appointed under the
+ laws of the United States, from holding said office of Secretary for the
+ Department of War, contrary to and in violation of the Constitution of
+ the United States and of the provisions of an act entitled "An act to
+ define and punish certain conspiracies," approved July 31, 1861; whereby
+ said Andrew Johnson, President of the United States, did then and there
+ commit and was guilty of a high crime in office.
+</p>
+<p>
+ ART. V. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and of his oath of office,
+ on the 21st day of February, A.D. 1868, and on divers other days and
+ times in said year before the 2d day of March, A.D. 1868, at Washington,
+ in the District of Columbia, did unlawfully conspire with one Lorenzo
+ Thomas, and with other persons to the House of Representatives unknown,
+ to prevent and hinder the execution of an act entitled "An act
+ regulating the tenure of certain civil offices," passed March 2, 1867,
+ and in pursuance of said conspiracy did unlawfully attempt to prevent
+ Edwin M. Stanton, then and there being Secretary for the Department
+ of War, duly appointed and commissioned under the laws of the United
+ States, from holding said office; whereby the said Andrew Johnson,
+ President of the United States, did then and there commit and was guilty
+ of a high misdemeanor in office.
+</p>
+<p>
+ ART. VI. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and of his oath of office,
+ on the 21st day of February, A.D. 1868, at Washington, in the District
+ of Columbia, did unlawfully conspire with one Lorenzo Thomas by force
+ to seize, take, and possess the property of the United States in the
+ Department of War, and then and there in the custody and charge of Edwin
+ M. Stanton, Secretary for said Department, contrary to the provisions
+ of an act entitled "An act to define and punish certain conspiracies,"
+ approved July 31, 1861, and with intent to violate and disregard an act
+ entitled "An act regulating the tenure of certain civil offices," passed
+ March 2, 1867; whereby said Andrew Johnson, President of the United
+ States, did then and there commit a high crime in office.
+</p>
+<p>
+ ART. VII. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and of his oath of office, on
+ the 21st day of February, A.D. 1868, at Washington, in the District of
+ Columbia, did unlawfully conspire with one Lorenzo Thomas with intent
+ unlawfully to seize, take, and possess the property of the United States
+ in the Department of War, in the custody and charge of Edwin M. Stanton,
+ Secretary for said Department, with intent to violate and disregard the
+ act entitled "An act regulating the tenure of certain civil offices,"
+ passed March 2, 1867; whereby said Andrew Johnson, President of the
+ United States, did then and there commit a high misdemeanor in office.
+</p>
+<p>
+ ART. VIII. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and of his oath of office,
+ with intent unlawfully to control the disbursement of the moneys
+ appropriated for the military service and for the Department of War,
+ on the 21st day of February, A.D. 1868, at Washington, in the District
+ of Columbia, did unlawfully, and contrary to the provisions of an act
+ entitled "An act regulating the tenure of certain civil offices," passed
+ March 2, 1867, and in violation of the Constitution of the United
+ States, and without the advice and consent of the Senate of the United
+ States, and while the Senate was then and there in session, there being
+ no vacancy in the office of Secretary for the Department of War, and
+ with intent to violate and disregard the act aforesaid, then and there
+ issue and deliver to one Lorenzo Thomas a letter of authority, in
+ writing, in substance as follows; that is to say:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, D.C., February 21, 1868</i>.
+</p><p class="q">
+ Brevet Major-General LORENZO THOMAS,
+<br>
+ <i>Adjutant-General United States Army, Washington, D.C.</i>
+</p><p class="q">
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War <i>ad interim</i>, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+</p><p class="q">
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+</p><p class="q">
+ Respectfully, yours,
+</p><p class="q" style="text-align: right;">
+ ANDREW JOHNSON.
+</p>
+<p>
+ whereby said Andrew Johnson, President of the United States, did then
+ and there commit and was guilty of a high misdemeanor in office.
+</p>
+<p>
+ ART. IX. That said Andrew Johnson, President of the United States, on
+ the 22d day of February, A.D. 1868, at Washington, in the District of
+ Columbia, in disregard of the Constitution and the laws of the United
+ States duly enacted, as Commander in Chief of the Army of the United
+ States, did bring before himself then and there William H. Emory, a
+ major-general by brevet in the Army of the United States, actually in
+ command of the Department of Washington and the military forces thereof,
+ and did then and there, as such Commander in Chief, declare to and
+ instruct said Emory that part of a law of the United States, passed
+ March 2, 1867, entitled "An act making appropriations for the support
+ of the Army for the year ending June 30, 1868, and for other purposes,"
+ especially the second section thereof, which provides, among other
+ things, that "all orders and instructions relating to military
+ operations issued by the President or Secretary of War shall be issued
+ through the General of the Army, and in case of his inability through
+ the next in rank," was unconstitutional and in contravention of the
+ commission of said Emory, and which said provision of law had been
+ theretofore duly and legally promulgated by general order for the
+ government and direction of the Army of the United States, as the said
+ Andrew Johnson then and there well knew, with intent thereby to induce
+ said Emory, in his official capacity as commander of the Department of
+ Washington, to violate the provisions of said act and to take and
+ receive, act upon, and obey such orders as he, the said Andrew Johnson,
+ might make and give, and which should not be issued through the General
+ of the Army of the United States, according to the provisions of said
+ act, and with the further intent thereby to enable him, the said Andrew
+ Johnson, to prevent the execution of the act entitled "An act regulating
+ the tenure of certain civil offices," passed March 2, 1867, and to
+ unlawfully prevent Edwin M. Stanton, then being Secretary for the
+ Department of War, from holding said office and discharging the duties
+ thereof; whereby said "Andrew Johnson, President of the United States"
+ did then and there commit and was guilty of a high misdemeanor in
+ office.
+</p>
+<p>
+ And the House of Representatives, by protestation, saving to themselves
+ the liberty of exhibiting at any time hereafter any further articles
+ or other accusation or impeachment against the said Andrew Johnson,
+ President of the United States, and also of replying to his answers
+ which he shall make unto the articles herein preferred against him, and
+ of offering proof to the same, and every part thereof, and to all and
+ every other article, accusation, or impeachment which shall be exhibited
+ by them, as the case shall require, <i>do demand</i> that the said Andrew
+ Johnson may be put to answer the high crimes and misdemeanors in office
+ herein charged against him, and that such proceedings, examinations,
+ trials, and judgments may be thereupon had and given as may be agreeable
+ to law and justice.
+</p>
+<p class="r">
+ SCHUYLER COLFAX,
+<br>
+ <i>Speaker of the House of Representatives</i>.
+</p>
+<p>
+ Attest:
+</p>
+<p class="r">
+ EDWARD McPHERSON,
+<br>
+ <i>Clerk of the House of Representatives</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, <i>March 3, 1868</i>.
+</center>
+<p>
+ The following additional articles of impeachment were agreed to, viz:
+</p>
+<p>
+ ART. X. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and the dignity and
+ proprieties thereof, and of the harmony and courtesies which ought to
+ exist and be maintained between the executive and legislative branches
+ of the Government of the United States, designing and intending to
+ set aside the rightful authority and powers of Congress, did attempt
+ to bring into disgrace, ridicule, hatred, contempt, and reproach the
+ Congress of the United States and the several branches thereof, to
+ impair and destroy the regard and respect of all the good people of
+ the United States for the Congress and legislative power thereof (which
+ all officers of the Government ought inviolably to preserve and
+ maintain), and to excite the odium and resentment of all the good
+ people of the United States against Congress and the laws by it duly and
+ constitutionally enacted; and, in pursuance of his design and intent,
+ openly and publicly, and before divers assemblages of the citizens of
+ the United States, convened in divers parts thereof to meet and receive
+ said Andrew Johnson as the Chief Magistrate of the United States, did,
+ on the 18th day of August, A.D. 1866, and on divers other days and
+ times, as well before as afterwards, make and deliver with a loud voice
+ certain intemperate, inflammatory, and scandalous harangues, and did
+ therein utter loud threats and bitter menaces, as well against Congress
+ as the laws of the United States, duly enacted thereby, amid the cries,
+ jeers, and laughter of the multitudes then assembled and in hearing,
+ which are set forth in the several specifications hereinafter written
+ in substance and effect; that is to say:
+</p>
+<p>
+ <i>Specification first</i>.&mdash;In this, that at Washington, in the District of
+ Columbia, in the Executive Mansion, to a committee of citizens who
+ called upon the President of the United States, speaking of and
+ concerning the Congress of the United States, said Andrew Johnson,
+ President of the United States, heretofore, to wit, on the 18th day of
+ August, A.D. 1866, did in a loud voice declare in substance and effect,
+ among other things; that is to say:
+</p>
+<p class="q">
+ So far as the executive department of the Government is concerned, the
+ effort has been made to restore the Union, to heal the breach, to pour
+ oil into the wounds which were consequent upon the struggle, and (to
+ speak in common phrase) to prepare, as the learned and wise physician
+ would, a plaster healing in character and coextensive with the wound.
+ We thought and we think that we had partially succeeded; but as the work
+ progresses, as reconstruction seemed to be taking place and the country
+ was becoming reunited, we found a disturbing and marring element
+ opposing us. In alluding to that element I shall go no further than your
+ convention and the distinguished gentleman who has delivered to me the
+ report of its proceedings. I shall make no reference to it that I do not
+ believe the time and the occasion justify.
+</p><p class="q">
+ We have witnessed in one department of the Government every endeavor
+ to prevent the restoration of peace, harmony, and union. We have seen
+ hanging upon the verge of the Government, as it were, a body called, or
+ which assumes to be, the Congress of the United States, while in fact it
+ is a Congress of only a part of the States. We have seen this Congress
+ pretend to be for the Union, when its every step and act tended to
+ perpetuate disunion and make a disruption of the States inevitable.
+ * * * We have seen Congress gradually encroach, step by step, upon
+ constitutional rights, and violate, day after day and month after month,
+ fundamental principles of the Government. We have seen a Congress that
+ seemed to forget that there was a limit to the sphere and scope of
+ legislation. We have seen a Congress in a minority assume to exercise
+ power which, allowed to be consummated, would result in despotism or
+ monarchy itself.
+</p>
+<p>
+ <i>Specification second</i>.&mdash;In this, that at Cleveland, in the State
+ of Ohio, heretofore, to wit, on the 3d day of September, A.D. 1866,
+ before a public assemblage of citizens and others, said Andrew Johnson,
+ President of the United States, speaking of and concerning the Congress
+ of the United States, did in a loud voice declare in substance and
+ effect, among other things; that is to say:
+</p>
+<p class="q">
+ I will tell you what I did do. I called upon your Congress that is
+ trying to break up the Government.
+</p><p class="q">
+ In conclusion, besides that, Congress had taken much pains to poison
+ their constituents against him. But what had Congress done? Have they
+ done anything to restore the Union of these States? No. On the contrary,
+ they have done everything to prevent it. And because he stood now where
+ he did when the rebellion commenced, he had been denounced as a traitor.
+ Who had run greater risks or made greater sacrifices than himself? But
+ Congress, factious and domineering, had undertaken to poison the minds
+ of the American people.
+</p>
+<p>
+ <i>Specification third</i>.&mdash;In this, that at St. Louis, in the State of
+ Missouri, heretofore, to wit, on the 8th day of September, A.D. 1866,
+ before a public assemblage of citizens and others, said Andrew Johnson,
+ President of the United States, speaking of and concerning the Congress
+ of the United States, did in a loud voice declare in substance and
+ effect, among other things; that is to say:
+</p>
+<p class="q">
+ Go on. Perhaps if you had a word or two on the subject of New Orleans
+ you might understand more about it than you do. And if you will go
+ back&mdash;if you will go back and ascertain the cause of the riot at New
+ Orleans, perhaps you will not be so prompt in calling out "New Orleans."
+ If you will take up the riot at New Orleans and trace it back to its
+ source or its immediate cause, you will find out who was responsible
+ for the blood that was shed there. If you will take up the riot at New
+ Orleans and trace it back to the Radical Congress, you will find that
+ the riot at New Orleans was substantially planned. If you will take up
+ the proceedings in their caucuses, you will understand that they there
+ knew that a convention was to be called which was extinct by its power
+ having expired; that it was said that the intention was that a new
+ government was to be organized, and on the organization of that
+ government the intention was to enfranchise one portion of the
+ population, called the colored population, who had just been
+ emancipated, and at the same time disfranchise white men. When you
+ design to talk about New Orleans, you ought to understand what you are
+ talking about. When you read the speeches that were made and take up
+ the facts on the Friday and Saturday before that convention sat, you
+ will there find that speeches were made, incendiary in their character,
+ exciting that portion of the population&mdash;the black population&mdash;to arm
+ themselves and prepare for the shedding of blood. You will also find
+ that that convention did assemble, in violation of law, and the
+ intention of that convention was to supersede the reorganized
+ authorities in the State government of Louisiana, which had been
+ recognized by the Government of the United States; and every man engaged
+ in that rebellion in that convention, with the intention of superseding
+ and upturning the civil government which had been recognized by the
+ Government of the United States, I say that he was a traitor to the
+ Constitution of the United States; and hence you find that another
+ rebellion was commenced, <i>having its origin in the Radical Congress</i>.
+</p>
+<hr>
+<p class="q">
+ So much for the New Orleans riot. And there was the cause and the origin
+ of the blood that was shed; and every drop of blood that was shed is
+ upon their skirts, and they are responsible for it. I could test this
+ thing a little closer, but will not do it here to-night. But when you
+ talk about the causes and consequences that resulted from proceedings
+ of that kind, perhaps, as I have been introduced here, and you have
+ provoked questions of this kind&mdash;though it does not provoke me&mdash;I will
+ tell you a few wholesome things that have been done by this Radical
+ Congress in connection with New Orleans and the extension of the
+ elective franchise.
+</p><p class="q">
+ I know that I have been traduced and abused. I know it has come in
+ advance of me, here as elsewhere, that I have attempted to exercise an
+ arbitrary power in resisting laws that were intended to be forced upon
+ the Government; that I had exercised that power; that I had abandoned
+ the party that elected me, and that I was a traitor, because I exercised
+ the veto power in attempting and did arrest for a time a bill that was
+ called a "Freedmen's Bureau" bill; yes, that I was a traitor. And I have
+ been traduced, I have been slandered, I have been maligned, I have been
+ called Judas Iscariot and all that. Now, my countrymen, here to-night,
+ it is very easy to indulge in epithets; it is easy to call a man a Judas
+ and cry out "traitor;" but when he is called upon to give arguments and
+ facts he is very often found wanting. Judas Iscariot&mdash;Judas. There was
+ a Judas, and he was one of the twelve apostles. Oh, yes; the twelve
+ apostles had a Christ. The twelve apostles had a Christ, and he never
+ could have had a Judas unless he had had twelve apostles. If I have
+ played the Judas, who has been my Christ that I have played the Judas
+ with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles
+ Sumner? These are the men that stop and compare themselves with the
+ Savior, and everybody that differs with them in opinion, and to try
+ to stay and arrest their diabolical and nefarious policy, is to be
+ denounced as a Judas.
+</p>
+<hr>
+<p class="q">
+ Well, let me say to you, if you will stand by me in this action, if you
+ will stand by me in trying to give the people a fair chance&mdash;soldiers
+ and citizens&mdash;to participate in these offices, God being willing I will
+ kick them out. I will kick them out just as fast as I can.
+</p><p class="q">
+ Let me say to you in concluding that what I have said I intended to say.
+ I was not provoked into this, and I care not for their menaces, the
+ taunts and the jeers. I care not for threats. I do not intend to be
+ bullied by my enemies nor overawed by my friends. But, God willing, with
+ your help I will veto their measures whenever any of them come to me.
+</p>
+<p>
+ which said utterances, declarations, threats, and harangues, highly
+ censurable in any, are peculiarly indecent and unbecoming in the Chief
+ Magistrate of the United States, by means whereof said Andrew Johnson
+ has brought the high office of the President of the United States into
+ contempt, ridicule, and disgrace, to the great scandal of all good
+ citizens; whereby said Andrew Johnson, President of the United States,
+ did commit and was then and there guilty of a high misdemeanor in
+ office.
+</p>
+<p>
+ ART. XI. That said Andrew Johnson, President of the United States,
+ unmindful of the high duties of his office and of his oath of office,
+ and in disregard of the Constitution and laws of the United States, did
+ heretofore, to wit, on the 18th day of August, A.D. 1866, at the city of
+ Washington, in the District of Columbia, by public speech, declare and
+ affirm in substance that the Thirty-ninth Congress of the United States
+ was not a Congress of the United States authorized by the Constitution
+ to exercise legislative power under the same, but, on the contrary, was
+ a Congress of only part of the States; thereby denying and intending to
+ deny that the legislation of said Congress was valid or obligatory upon
+ him, the said Andrew Johnson, except in so far as he saw fit to approve
+ the same, and also thereby denying and intending to deny the power of
+ the said Thirty-ninth Congress to propose amendments to the Constitution
+ of the United States; and in pursuance of said declaration the said
+ Andrew Johnson, President of the United States, afterwards, to wit,
+ on the 21st day of February, A.D. 1868, at the city of Washington,
+ in the District of Columbia, did unlawfully, and in disregard of the
+ requirement of the Constitution that he should take care that the laws
+ be faithfully executed, attempt to prevent the execution of an act
+ entitled "An act regulating the tenure of certain civil offices," passed
+ March 2, 1867, by unlawfully devising and contriving, and attempting to
+ devise and contrive, means by which he should prevent Edwin M. Stanton
+ from forthwith resuming the functions of the office of Secretary for the
+ Department of War, notwithstanding the refusal of the Senate to concur
+ in the suspension theretofore made by said Andrew Johnson of said Edwin
+ M. Stanton from said office of Secretary for the Department of War, and
+ also by further unlawfully devising and contriving, and attempting to
+ devise and contrive, means then and there to prevent the execution of
+ an act entitled "An act making appropriations for the support of the
+ Army for the fiscal year ending June 30, 1868 and for other purposes,"
+ approved March 2, 1867, and also to prevent the execution of an act
+ entitled "An act to provide for the more efficient government of the
+ rebel States," passed March 2, 1867, whereby the said Andrew Johnson,
+ President of the United States, did then, to wit, on the 21st day of
+ February, A.D. 1868, at the city of Washington, commit and was guilty
+ of a high misdemeanor in office.
+</p>
+<p class="r">
+ SCHUYLER COLFAX,
+<br>
+ <i>Speaker of the House of Representatives</i>.
+</p>
+<p>
+ Attest:
+</p>
+<p class="r">
+ EDWARD McPHERSON,
+<br>
+ <i>Clerk of the House of Representatives</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<center>
+ IN THE SENATE, <i>March 4, 1868</i>.
+</center>
+<p>
+ The President <i>pro tempore</i> laid before the Senate the following letter
+ from the Hon. Salmon P. Chase, Chief Justice of the Supreme Court of the
+ United States:
+</p>
+<p class="r">
+ WASHINGTON, <i>March 4, 1868</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Inasmuch as the sole power to try impeachments is vested by the
+ Constitution in the Senate, and it is made the duty of the Chief Justice
+ to preside when the President is on trial, I take the liberty of
+ submitting, very respectfully, some observations in respect to the
+ proper mode of proceeding upon the impeachment which has been preferred
+ by the House of Representatives against the President now in office.
+</p>
+<p>
+ That when the Senate sits for the trial of an impeachment it sits as a
+ court seems unquestionable.
+</p>
+<p>
+ That for the trial of an impeachment of the President this court must be
+ constituted of the members of the Senate, with the Chief Justice
+ presiding, seems equally unquestionable.
+</p>
+<p>
+ The Federalist is regarded as the highest contemporary authority on the
+ construction of the Constitution, and in the sixty-fourth number the
+ functions of the Senate "sitting in their judicial capacity as a court
+ for the trial of impeachments" are examined.
+</p>
+<p>
+ In a paragraph explaining the reasons for not uniting "the Supreme Court
+ with the Senate in the formation of the court of impeachments" it is
+ observed that&mdash;
+</p>
+<p class="q">
+ To a certain extent the benefits of that union will be obtained from
+ making the Chief Justice of the Supreme Court the president of the court
+ of impeachments, as is proposed by the plan of the Convention, while the
+ inconveniences of an entire incorporation of the former into the latter
+ will be substantially avoided. This was, perhaps, the prudent mean.
+</p>
+<p>
+ This authority seems to leave no doubt upon either of the propositions
+ just stated; and the statement of them will serve to introduce the
+ question upon which I think it my duty to state the result of my
+ reflections to the Senate, namely, At what period, in the case of
+ an impeachment of the President, should the court of impeachment be
+ organized under oath, as directed by the Constitution?
+</p>
+<p>
+ It will readily suggest itself to anyone who reflects upon the abilities
+ and the learning in the law which distinguish so many Senators that
+ besides the reason assigned in the Federalist there must have been still
+ another for the provision requiring the Chief Justice to preside in the
+ court of impeachment. Under the Constitution, in case of a vacancy in
+ the office of President, the Vice-President succeeds, and it was
+ doubtless thought prudent and befitting that the next in succession
+ should not preside in a proceeding through which a vacancy might be
+ created.
+</p>
+<p>
+ It is not doubted that the Senate, while sitting in its ordinary
+ capacity, must necessarily receive from the House of Representatives
+ some notice of its intention to impeach the President at its bar,
+ but it does not seem to me an unwarranted opinion, in view of this
+ constitutional provision, that the organization of the Senate as
+ a court of impeachment, under the Constitution, should precede the
+ actual announcement of the impeachment on the part of the House.
+</p>
+<p>
+ And it may perhaps be thought a still less unwarranted opinion that
+ articles of impeachment should only be presented to a court of
+ impeachment; that no summons or other process should issue except
+ from the organized court, and that rules for the government of the
+ proceedings of such a court should be framed only by the court itself.
+</p>
+<p>
+ I have found myself unable to come to any other conclusions than these.
+ I can assign no reason for requiring the Senate to organize as a court
+ under any other than its ordinary presiding officer for the latter
+ proceedings upon an impeachment of the President which does not seem
+ to me to apply equally to the earlier.
+</p>
+<p>
+ I am informed that the Senate has proceeded upon other views, and it is
+ not my purpose to contest what its superior wisdom may have directed.
+</p>
+<p>
+ All good citizens will fervently pray that no occasion may ever arise
+ when the grave proceedings now in progress will be cited as a precedent;
+ but it is not impossible that such an occasion may come.
+</p>
+<p>
+ Inasmuch, therefore, as the Constitution has charged the Chief Justice
+ with an important function in the trial of an impeachment of the
+ President, it has seemed to me fitting and obligatory, where he is
+ unable to concur in the views of the Senate concerning matters essential
+ to the trial, that his respectful dissent should appear.
+</p>
+<p class="r">
+ S.P. CHASE,
+<br>
+ <i>Chief Justice of the United States</i>.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h3>
+ PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF THE IMPEACHMENT
+ OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+</h3>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ THURSDAY, MARCH 5, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ The Chief Justice of the United States entered the Senate Chamber and
+ was conducted to the chair by the committee appointed by the Senate for
+ that purpose.
+</p>
+<p>
+ The following oath was administered to the Chief Justice by Associate
+ Justice Nelson, and by the Chief Justice to the members of the Senate:
+</p>
+<p>
+ I do solemnly swear that in all things appertaining to the trial of
+ the impeachment of Andrew Johnson, President of the United States, now
+ pending, I will do impartial justice according to the Constitution and
+ laws. So help me God.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ FRIDAY, MARCH 6, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ To accord with the conviction of the Chief Justice<a href="#note-76"><small>76</small></a> that the court
+ should adopt its own rules, those adopted on March 2 by the Senate
+ sitting in its legislative capacity were readopted by the Senate sitting
+ as a court of impeachment. The rules are as follows:
+</p>
+<center>
+ RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL
+ OF IMPEACHMENTS.
+</center>
+<p>
+ I. Whensoever the Senate shall receive notice from the House of
+ Representatives that managers are appointed on their part to conduct an
+ impeachment against any person, and are directed to carry articles of
+ impeachment to the Senate, the Secretary of the Senate shall immediately
+ inform the House of Representatives that the Senate is ready to receive
+ the managers for the purpose of exhibiting such articles of impeachment
+ agreeably to said notice.
+</p>
+<p>
+ II. When the managers of an impeachment shall be introduced at the bar
+ of the Senate and shall signify that they are ready to exhibit articles
+ of impeachment against any person, the Presiding Officer of the Senate
+ shall direct the Sergeant-at-Arms to make proclamation, who shall, after
+ making proclamation, repeat the following words, viz:
+</p>
+<p class="q">
+ All persons are commanded to keep silence, on pain of imprisonment,
+ while the House of Representatives is exhibiting to the Senate of the
+ United States articles of impeachment against &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;.
+</p>
+<p>
+ after which the articles shall be exhibited; and then the Presiding
+ Officer of the Senate shall inform the managers that the Senate will
+ take proper order on the subject of the impeachment, of which due notice
+ shall be given to the House of Representatives.
+</p>
+<p>
+ III. Upon such articles being presented to the Senate, the Senate shall,
+ at 1 o'clock afternoon of the day (Sunday excepted) following such
+ presentation, or sooner if so ordered by the Senate, proceed to the
+ consideration of such articles, and shall continue in session from day
+ to day (Sundays excepted) after the trial shall commence (unless
+ otherwise ordered by the Senate) until final judgment shall be rendered,
+ and so much longer as may in its judgment be needful. Before proceeding
+ to the consideration of the articles of impeachment the Presiding
+ Officer shall administer the oath hereinafter provided to the members of
+ the Senate then present, and to the other members of the Senate as they
+ shall appear, whose duty it shall be to take the same.
+</p>
+<p>
+ IV. When the President of the United States, or the Vice-President
+ of the United States upon whom the powers and duties of the office of
+ President shall have devolved, shall be impeached, the Chief Justice
+ of the Supreme Court of the United States shall preside; and in a case
+ requiring the said Chief Justice to preside notice shall be given to him
+ by the Presiding Officer of the Senate of the time and place fixed for
+ the consideration of the articles of impeachment as aforesaid, with a
+ request to attend; and the said Chief Justice shall preside over the
+ Senate during the consideration of said articles and upon the trial
+ of the person impeached therein.
+</p>
+<p>
+ V. The Presiding Officer shall have power to make and issue, by himself
+ or by the Secretary of the Senate, all orders, mandates, writs, and
+ precepts authorized by these rules or by the Senate, and to make and
+ enforce such other regulations and orders in the premises as the Senate
+ may authorize or provide.
+</p>
+<p>
+ VI. The Senate shall have power to compel the attendance of witnesses,
+ to enforce obedience to its orders, mandates, writs, precepts, and
+ judgments, to preserve order, and to punish in a summary way contempts
+ of and disobedience to its authority, orders, mandates, writs, precepts,
+ or judgments, and to make all lawful orders, rules, and regulations
+ which it may deem essential or conducive to the ends of justice; and the
+ Sergeant-at-Arms, under the direction of the Senate, may employ such aid
+ and assistance as may be necessary to enforce, execute, and carry into
+ effect the lawful orders, mandates, writs, and precepts of the Senate.
+</p>
+<p>
+ VII. The Presiding Officer of the Senate shall direct all necessary
+ preparations in the Senate Chamber, and the presiding officer upon the
+ trial shall direct all the forms of proceeding while the Senate are
+ sitting for the purpose of trying an impeachment and all forms during
+ the trial not otherwise specially provided for. The presiding officer
+ may, in the first instance, submit to the Senate, without a division,
+ all questions of evidence and incidental questions; but the same shall,
+ on the demand of one-fifth of the members present, be decided by yeas
+ and nays.
+</p>
+<p>
+ VIII. Upon the presentation of articles of impeachment and the
+ organization of the Senate as hereinbefore provided, a writ of summons
+ shall issue to the accused, reciting said articles and notifying him to
+ appear before the Senate upon a day and at a place to be fixed by the
+ Senate, and named in such writ, and file his answer to said articles of
+ impeachment, and to stand to and abide the orders and judgments of the
+ Senate thereon, which writ shall be served by such officer or person as
+ shall be named in the precept thereof such number of days prior to the
+ day fixed for such appearance as shall be named in such precept, either
+ by the delivery of an attested copy thereof to the person accused or,
+ if that can not conveniently be done, by leaving such copy at the last
+ known place of abode of such person or at his usual place of business,
+ in some conspicuous place therein; or, if such service shall be, in the
+ judgment of the Senate, impracticable, notice to the accused to appear
+ shall be given in such other manner, by publication or otherwise, as
+ shall be deemed just; and if the writ aforesaid shall fail of service
+ in the manner aforesaid, the proceedings shall not thereby abate, but
+ further service may be made in such manner as the Senate shall direct.
+ If the accused, after service, shall fail to appear, either in person or
+ by attorney, on the day so fixed therefor as aforesaid, or, appearing,
+ shall fail to file his answer to such articles of impeachment, the trial
+ shall proceed, nevertheless, as upon a plea of not guilty. If a plea of
+ guilty shall be entered, judgment may be entered thereon without further
+ proceedings.
+</p>
+<p>
+ IX. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+ return of the summons against the person impeached the legislative and
+ executive business of the Senate shall be suspended and the Secretary of
+ the Senate shall administer an oath to the returning officer in the form
+ following, viz:
+</p>
+<p class="q">
+ I, &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, do solemnly swear that the return made by me
+ upon the process issued on the &mdash;&mdash; day of &mdash;&mdash; by the Senate of the
+ United States against &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash; is truly made, and that I have
+ performed such service as herein described.
+</p><p class="q">
+ So help me God.
+</p>
+<p>
+ which oath shall be entered at large on the records.
+</p>
+<p>
+ X. The person impeached shall then be called to appear and answer the
+ articles of impeachment against him. If he appear, or any person for
+ him, the appearance shall be recorded, stating particularly if by
+ himself or by agent or attorney, naming the person appearing and the
+ capacity in which he appears, If he do not appear, either personally
+ or by agent or attorney, the same shall be recorded.
+</p>
+<p>
+ XI. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+ trial of an impeachment the legislative and executive business of the
+ Senate shall be suspended and the Secretary shall give notice to the
+ House of Representatives that the Senate is ready to proceed upon the
+ impeachment of &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, in the Senate Chamber, which chamber
+ is prepared with accommodations for the reception of the House of
+ Representatives.
+</p>
+<p>
+ XII. The hour of the day at which the Senate shall sit upon the trial of
+ an impeachment shall be (unless otherwise ordered) 12 o'clock m., and
+ when the hour for such sitting shall arrive the Presiding Officer of the
+ Senate shall so announce; and thereupon the presiding officer upon such
+ trial shall cause proclamation to be made, and the business of the trial
+ shall proceed. The adjournment of the Senate sitting in said trial shall
+ not operate as an adjournment of the Senate, but on such adjournment the
+ Senate shall resume the consideration of its legislative and executive
+ business.
+</p>
+<p>
+ XIII. The Secretary of the Senate shall record the proceedings in cases
+ of impeachment as in the case of legislative proceedings, and the same
+ shall be reported in the same manner as the legislative proceedings of
+ the Senate.
+</p>
+<p>
+ XIV. Counsel for the parties shall be admitted to appear and be heard
+ upon an impeachment.
+</p>
+<p>
+ XV. All motions made by the parties or their counsel shall be addressed
+ to the presiding officer, and if he or any Senator shall require it they
+ shall be committed to writing and read at the Secretary's table.
+</p>
+<p>
+ XVI. Witnesses shall be examined by one person on behalf of the party
+ producing them and then cross-examined by one person on the other side.
+</p>
+<p>
+ XVII. If a Senator is called as a witness, he shall be sworn and give
+ his testimony standing in his place.
+</p>
+<p>
+ XVIII. If a Senator wishes a question to be put to a witness, or to
+ offer a motion or order (except a motion to adjourn), it shall be
+ reduced to writing and put by the presiding officer.
+</p>
+<p>
+ XIX. At all times while the Senate is sitting upon the trial of an
+ impeachment the doors of the Senate shall be kept open, unless the
+ Senate shall direct the doors to be closed while deliberating upon
+ its decisions.
+</p>
+<p>
+ XX. All preliminary or interlocutory questions and all motions shall be
+ argued for not exceeding one hour on each side, unless the Senate shall
+ by order extend the time.
+</p>
+<p>
+ XXI. The case on each side shall be opened by one person. The final
+ argument on the merits may be made by two persons on each side (unless
+ otherwise ordered by the Senate, upon application for that purpose),
+ and the argument shall be opened and closed on the part of the House
+ of Representatives.
+</p>
+<p>
+ XXII. On the final question whether the impeachment is sustained the
+ yeas and nays shall be taken on each article of impeachment separately,
+ and if the impeachment shall not, upon any of the articles presented, be
+ sustained by the votes of two-thirds of the members present a judgment
+ of acquittal shall be entered; but if the person accused in such
+ articles of impeachment shall be convicted upon any of said articles by
+ the votes of two-thirds of the members present the Senate shall proceed
+ to pronounce judgment, and a certified copy of such judgment shall be
+ deposited in the office of the Secretary of State.
+</p>
+<p>
+ XXIII. All the orders and decisions shall be made and had by yeas and
+ nays, which shall be entered on the record, and without debate, except
+ when the doors shall be closed for deliberation, and in that case no
+ member shall speak more than once on one question, and for not more than
+ ten minutes on an interlocutory question, and for not more than fifteen
+ minutes on the final question, unless by consent of the Senate, to be
+ had without debate; but a motion to adjourn may be decided without the
+ yeas and nays, unless they be demanded by one-fifth of the members
+ present.
+</p>
+<p>
+ XXIV. Witnesses shall be sworn in the following form, viz:
+</p>
+<p class="q">
+ You, &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, do swear (or affirm, as the case maybe) that
+ the evidence you shall give in the case now depending between the
+ United States and &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash; shall be the truth, the whole
+ truth, and nothing but the truth. So help you God.
+</p>
+<p>
+ which oath shall be administered by the Secretary or any other duly
+ authorized person.
+</p>
+<p>
+ Form of subpoena to be issued on the application of the managers of
+ the impeachment, or of the party impeached, or of his counsel:
+</p>
+<p class="q">
+ <i>To</i> &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;; <i>greeting</i>:
+</p><p class="q">
+ You and each of you are hereby commanded to appear before the Senate of
+ the United States on the &mdash;&mdash; day of &mdash;&mdash;, at the Senate Chamber, in
+ the city of Washington, then and there to testify your knowledge in the
+ cause which is before the Senate in which the House of Representatives
+ have impeached &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;.
+</p><p class="q">
+ Fail not.
+</p><p class="q">
+ Witness &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, and Presiding Officer of the Senate, at
+ the city of Washington, this &mdash;&mdash; day of &mdash;&mdash;, A.D. &mdash;&mdash;, and of the
+ Independence of the United States the &mdash;&mdash;&mdash;.
+</p>
+<p>
+ Form of direction for the service of said subpoena:
+</p>
+<p class="q">
+ <i>The Senate of the United States to</i> &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, <i>greeting</i>:
+</p><p class="q">
+ You are hereby commanded to serve and return the within subpoena
+ according to law.
+</p><p class="q">
+ Dated at Washington, this &mdash;&mdash; day of &mdash;&mdash;, A.D. &mdash;&mdash;, and of the
+ Independence of the United States the &mdash;&mdash;&mdash;.
+</p><p class="q" style="text-align: right;">
+ <i>Secretary of the Senate</i>.
+</p>
+<p>
+ Form of oath to be administered to the members of the Senate sitting in
+ the trial of impeachments:
+</p>
+<p class="q">
+ I solemnly swear (or affirm, as the case may be) that in all things
+ appertaining to the trial of the impeachment of &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, now
+ pending, I will do impartial justice according to the Constitution and
+ laws. So help me God.
+</p>
+<p>
+ Form of summons to be issued and served upon the person impeached.
+</p>
+<p class="q">
+ THE UNITED STATES OF AMERICA, <i>ss</i>:
+</p><p class="q">
+ <i>The Senate of the United States to</i> &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, <i>greeting</i>:
+</p><p class="q">
+ Whereas the House of Representatives of the United States of America did
+ on the &mdash;&mdash; day of &mdash;&mdash; exhibit to the Senate articles of impeachment
+ against you, the said &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, in the words following:
+</p><p class="q">
+ [Here insert the articles.]
+</p><p class="q">
+ And demand that you, the said &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, should be put to
+ answer the accusations as set forth in said articles, and that such
+ proceedings, examinations, trials, and judgments might be thereupon
+ had as are agreeable to law and justice:
+</p><p class="q">
+ You, the said &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, are therefore hereby summoned to be
+ and appear before the Senate of the United States of America, at their
+ chamber, in the city of Washington, on the &mdash;&mdash; day of &mdash;&mdash;, at 12
+ o'clock and 30 minutes afternoon, then and there to answer to the said
+ articles of impeachment, and then and there to abide by, obey, and
+ perform such orders, directions, and judgments as the Senate of the
+ United States shall make in the premises, according to the Constitution
+ and laws of the United States.
+</p><p class="q">
+ Hereof you are not to fail.
+</p><p class="q">
+ Witness &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, and Presiding Officer of the said Senate, at
+ the city of Washington, this &mdash;&mdash; day of &mdash;&mdash;, A.D. &mdash;&mdash;, and of the
+ Independence of the United States the &mdash;&mdash;&mdash;.
+</p>
+<p>
+ Form of precept to be indorsed on said writ of summons:
+</p>
+<p class="q">
+ THE UNITED STATES OF AMERICA, <i>ss</i>:
+</p><p class="q">
+ <i>The Senate of the United States to</i> &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, <i>greeting</i>:
+</p><p class="q">
+ You are hereby commanded to deliver to and leave with &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;,
+ if conveniently to be found, or, if not, to leave at his usual place of
+ abode or at his usual place of business, in some conspicuous place, a
+ true and attested copy of the within writ of summons, together with a
+ like copy of this precept; and in whichsoever way you perform the
+ service, let it be done at least &mdash;&mdash; days before the appearance day
+ mentioned in said writ of summons.
+</p><p class="q">
+ Fail not, and make return of this writ of summons and precept, with your
+ proceedings thereon indorsed, on or before the appearance day mentioned
+ in the said writ of summons.
+</p><p class="q">
+ Witness &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;, and Presiding Officer of the Senate, at
+ the city of Washington, this &mdash;&mdash; day of &mdash;&mdash;, A.D. &mdash;&mdash;, and of the
+ Independence of the United States the &mdash;&mdash;&mdash;.
+</p>
+<p>
+ All process shall be served by the Sergeant-at-Arms of the Senate unless
+ otherwise ordered by the court.
+</p>
+<p>
+ XXV. If the Senate shall at any time fail to sit for the consideration
+ of articles of impeachment on the day or hour fixed therefor, the Senate
+ may by an order, to be adopted without debate, fix a day and hour for
+ resuming such consideration.
+</p>
+<p>
+ On March 31 Rule VII was amended to read as follows:
+</p>
+<p>
+ VII. The Presiding Officer of the Senate shall direct all necessary
+ preparations in the Senate Chamber, and the presiding officer on the
+ trial shall direct all the forms of proceeding while the Senate are
+ sitting for the purpose of trying an impeachment, and all forms during
+ the trial not otherwise specially provided for, and the presiding
+ officer on the trial may rule all questions of evidence and incidental
+ questions, which ruling shall stand as the judgment of the Senate,
+ unless some member of the Senate shall ask that a formal vote be taken
+ thereon, in which case it shall be submitted to the Senate for decision;
+ or he may, at his option, in the first instance submit any such question
+ to a vote of the members of the Senate.
+</p>
+<p>
+ On April 3 Rule VII was further amended by inserting at the end thereof
+ the following:
+</p>
+<p>
+ Upon all such questions the vote shall be without a division, unless the
+ yeas and nays be demanded by one-fifth of the members present, when the
+ same shall be taken.
+</p>
+<p>
+ On March 13 Rule XXIII was amended to read as follows:
+</p>
+<p>
+ XXIII. All the orders and decisions shall be made and had by yeas and
+ nays, which shall be entered on the record, and without debate, subject,
+ however, to the operation of Rule VII, except when the doors shall be
+ closed for deliberation, and in that case no member shall speak more
+ than once on one question, and for not more than ten minutes on an
+ interlocutory question, and for not more than fifteen minutes on the
+ final question, unless by consent of the Senate, to be had without
+ debate; but a motion to adjourn may be decided without the yeas and
+ nays, unless they be demanded by one-fifth of the members present.
+</p>
+<p>
+ On May 7 Rule XXIII was further amended by adding thereto the following:
+</p>
+<p>
+ The fifteen minutes herein allowed shall be for the whole deliberation
+ on the final question, and not to the final question on each article of
+ impeachment.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ FRIDAY, MARCH 13, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ Mr. Henry Stanbery, in behalf of Andrew Johnson, the respondent, read
+ the following paper:
+</p>
+<p>
+ In the matter of the impeachment of Andrew Johnson, President of the
+ United States.
+</p>
+<p>
+ Mr. CHIEF JUSTICE: I, Andrew Johnson, President of the United States,
+ having been served with a summons to appear before this honorable court,
+ sitting as a court of impeachment, to answer certain articles of
+ impeachment found and presented against me by the honorable the House
+ of Representatives of the United States, do hereby enter my appearance
+ by my counsel, Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black,
+ William M. Evarts, and Thomas A.R. Nelson, who have my warrant and
+ authority therefor, and who are instructed by me to ask of this
+ honorable court a reasonable time for the preparation of my answer
+ to said articles. After a careful examination of the articles of
+ impeachment and consultation with my counsel, I am satisfied that at
+ least forty days will be necessary for the preparation of my answer,
+ and I respectfully ask that it be allowed.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>
+ Mr. Stanbery then submitted the following motion:
+</p>
+<p>
+ In the matter of the impeachment of Andrew Johnson, President of the
+ United States.
+</p>
+<p>
+ Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M.
+ Evarts, and Thomas A.R. Nelson, of counsel for the respondent, move the
+ court for the allowance of forty days for the preparation of the answer
+ to the articles of impeachment, and in support of the motion make the
+ following professional statement:
+</p>
+<p>
+ The articles are eleven in number, involving many questions of law
+ and fact. We have during the limited time and opportunity afforded us
+ considered as far as possible the field of investigation which must be
+ explored in the preparation of the answer, and the conclusion at which
+ we have arrived is that with the utmost diligence the time we have asked
+ is reasonable and necessary.
+</p>
+<p>
+ The precedents as to time for answer upon impeachments before the Senate
+ to which we have had opportunity to refer are those of Judge Chase and
+ Judge Peck.
+</p>
+<p>
+ In the case of Judge Chase time was allowed from the 3d of January until
+ the 4th of February next succeeding to put in his answer&mdash;a period of
+ thirty-two days; but in this case there were only eight articles, and
+ Judge Chase had been for a year cognizant of most of the articles, and
+ had been himself engaged in preparing to meet them.
+</p>
+<p>
+ In the case of Judge Peck there was but a single article. Judge Peck
+ asked for time from the 10th to the 25th of May to put in his answer,
+ and it was granted. It appears that Judge Peck had been long cognizant
+ of the ground laid for his impeachment, and had been present before the
+ committee of the House upon the examination of the witnesses, and had
+ been permitted by the House of Representatives to present to that body
+ an elaborate answer to the charges.
+</p>
+<p>
+ It is apparent that the President is fairly entitled to more time than
+ was allowed in either of the foregoing cases. It is proper to add that
+ the respondents in these cases were lawyers, fully capable of preparing
+ their own answers, and that no pressing official duties interfered with
+ their attention to that business; whereas the President, not being a
+ lawyer, must rely on his counsel. The charges involve his acts,
+ declarations, and intentions, as to all which his counsel must be fully
+ advised upon consultation with him, step by step, in the preparation of
+ his defense. It is seldom that a case requires such constant
+ communication between client and counsel as this, and yet such
+ communication can only be had at such intervals as are allowed to the
+ President from the usual hours that must be devoted to his high official
+ duties.
+</p>
+<p>
+ We further beg leave to suggest for the consideration of this honorable
+ court that, as counsel careful as well of their own reputation as of
+ the interests of their client in a case of such magnitude as this, so
+ out of the ordinary range of professional experience, where so much
+ responsibility is felt, they submit to the candid consideration of the
+ court that they have a right to ask for themselves such opportunity to
+ discharge their duty as seems to them to be absolutely necessary.
+</p>
+<p><br>
+ HENRY STANBERY,<br>
+ B.R. CURTIS,<br>
+ JEREMIAH S. BLACK, WILLIAM M. EVARTS, } Per H.S.<br>
+ THOMAS A.R. NELSON,<br>
+ <i>Of Counsel for the Respondent</i>.
+</p>
+<p>
+ The above motion was denied, and the Senate adopted the following orders:
+</p>
+<p>
+ <i>Ordered</i>, That the respondent file answer to the articles of
+ impeachment on or before Monday, the 23d day of March instant.
+</p>
+<p>
+ <i>Ordered</i>, That unless otherwise ordered by the Senate, for cause shown,
+ the trial of the pending impeachment shall proceed immediately after
+ replication shall be filed.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ MONDAY, MARCH 23, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ The answer of the respondent to the articles of impeachment was
+ submitted by his counsel, as follows:
+</p>
+<p>
+ Senate of the United States, sitting as a court of impeachment for the
+ trial of Andrew Johnson, President of the United States.
+</p>
+<p style="text-indent: -2em; padding-left: 2em;">
+ THE ANSWER OF THE SAID ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES,
+ TO THE ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+ REPRESENTATIVES OF THE UNITED STATES.
+</p>
+<p>
+ <i>Answer to Article I</i>.&mdash;For answer to the first article he says that
+ Edwin M. Stanton was appointed Secretary for the Department of War on
+ the 15th day of January, A.D. 1862, by Abraham Lincoln, then President
+ of the United States, during the first term of his Presidency, and was
+ commissioned, according to the Constitution and laws of the United
+ States, to hold the said office during the pleasure of the President;
+ that the office of Secretary for the Department of War was created by an
+ act of the First Congress in its first session, passed on the 7th day of
+ August, A.D. 1789, and in and by that act it was provided and enacted
+ that the said Secretary for the Department of War shall perform and
+ execute such duties as shall from time to time be enjoined on and
+ intrusted to him by the President of the United States, agreeably to the
+ Constitution, relative to the subjects within the scope of the said
+ Department; and, furthermore, that the said Secretary shall conduct the
+ business of the said Department in such a manner as the President of the
+ United States shall from time to time order and instruct.
+</p>
+<p>
+ And this respondent, further answering, says that by force of the act
+ aforesaid and by reason of his appointment aforesaid the said Stanton
+ became the principal officer in one of the Executive Departments of the
+ Government within the true intent and meaning of the second section
+ of the second article of the Constitution of the United States and
+ according to the true intent and meaning of that provision of the
+ Constitution of the United States; and, in accordance with the settled
+ and uniform practice of each and every President of the United States,
+ the said Stanton then became, and so long as he should continue to hold
+ the said office of Secretary for the Department of War must continue to
+ be, one of the advisers of the President of the United States, as well
+ as the person intrusted to act for and represent the President in
+ matters enjoined upon him or intrusted to him by the President touching
+ the Department aforesaid, and for whose conduct in such capacity,
+ subordinate to the President, the President is by the Constitution and
+ laws of the United States made responsible.
+</p>
+<p>
+ And this respondent, further answering, says he succeeded to the office
+ of President of the United States upon and by reason of the death of
+ Abraham Lincoln, then President of the United States, on the 15th day
+ of April, 1865, and the said Stanton was then holding the said office
+ of Secretary for the Department of War under and by reason of the
+ appointment and commission aforesaid; and not having been removed from
+ the said office by this respondent, the said Stanton continued to hold
+ the same under the appointment and commission aforesaid, at the pleasure
+ of the President, until the time hereinafter particularly mentioned,
+ and at no time received any appointment or commission save as above
+ detailed.
+</p>
+<p>
+ And this respondent, further answering, says that on and prior to the
+ 5th day of August, A.D. 1867, this respondent, the President of the
+ United States, responsible for the conduct of the Secretary for the
+ Department of War, and having the constitutional right to resort to
+ and rely upon the person holding that office for advice concerning
+ the great and difficult public duties enjoined on the President by
+ the Constitution and laws of the United States, became satisfied that
+ he could not allow the said Stanton to continue to hold the office
+ of Secretary for the Department of War without hazard of the public
+ interest; that the relations between the said Stanton and the President
+ no longer permitted the President to resort to him for advice or to be,
+ in the judgment of the President, safely responsible for his conduct of
+ the affairs of the Department of War, as by law required, in accordance
+ with the orders and instructions of the President; and thereupon, by
+ force of the Constitution and laws of the United States, which devolve
+ on the President the power and the duty to control the conduct of the
+ business of that Executive Department of the Government, and by reason
+ of the constitutional duty of the President to take care that the laws
+ be faithfully executed, this respondent did necessarily consider and did
+ determine that the said Stanton ought no longer to hold the said office
+ of Secretary for the Department of War. And this respondent, by virtue
+ of the power and authority vested in him as President of the United
+ States by the Constitution and laws of the United States, to give effect
+ to such his decision and determination, did, on the 5th day of August,
+ A.D. 1867, address to the said Stanton a note of which the following
+ is a true copy:
+</p>
+<p class="q">
+ SIR: Public considerations of a high character constrain me to say that
+ your resignation as Secretary of War will be accepted.
+</p>
+<p>
+ To which note the said Stanton made the following reply:
+</p>
+<p class="q" style="text-align: right;">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington, August</i> 5, <i>1867</i>.
+</p><p class="q">
+ SIR: Your note of this day has been received, stating that "public
+ considerations of a high character constrain" you "to say that" my
+ "resignation as Secretary of War will be accepted."
+</p><p class="q">
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+</p><p class="q">
+ Very respectfully, yours,
+</p><p class="q" style="text-align: right;">
+ EDWIN M. STANTON.
+</p>
+<p>
+ This respondent, as President of the United States, was thereon of
+ opinion that, having regard to the necessary official relations and
+ duties of the Secretary for the Department of War to the President of
+ the United States, according to the Constitution and laws of the United
+ States, and having regard to the responsibility of the President for
+ the conduct of the said Secretary, and having regard to the permanent
+ executive authority of the office which the respondent holds under
+ the Constitution and laws of the United States, it was impossible,
+ consistently with the public interests, to allow the said Stanton to
+ continue to hold the said office of Secretary for the Department of War;
+ and it then became the official duty of the respondent, as President of
+ the United States, to consider and decide what act or acts should and
+ might lawfully be done by him, as President of the United States, to
+ cause the said Stanton to surrender the said office.
+</p>
+<p>
+ This respondent was informed and verily believed that it was practically
+ settled by the First Congress of the United States, and had been so
+ considered and uniformly and in great numbers of instances acted on by
+ each Congress and President of the United States, in succession, from
+ President Washington to and including President Lincoln, and from the
+ First Congress to the Thirty-ninth Congress, that the Constitution of
+ the United States conferred on the President, as part of the executive
+ power and as one of the necessary means and instruments of performing
+ the executive duty expressly imposed on him by the Constitution of
+ taking care that the laws be faithfully executed, the power at any and
+ all times of removing from office all executive officers for cause to be
+ judged of by the President alone. This respondent had, in pursuance of
+ the Constitution, required the opinion of each principal officer of the
+ Executive Departments upon this question of constitutional executive
+ power and duty, and had been advised by each of them, including
+ the said Stanton, Secretary for the Department of War, that under
+ the Constitution of the United States this power was lodged by
+ the Constitution in the President of the United States, and that,
+ consequently, it could be lawfully exercised by him, and the Congress
+ could not deprive him thereof; and this respondent, in his capacity of
+ President of the United States, and because in that capacity he was both
+ enabled and bound to use his best judgment upon this question, did, in
+ good faith and with an earnest desire to arrive at the truth, come to
+ the conclusion and opinion, and did make the same known to the honorable
+ the Senate of the United States by a message dated on the 2d day of
+ March, 1867 (a true copy whereof is hereunto annexed and marked A), that
+ the power last mentioned was conferred and the duty of exercising it in
+ fit cases was imposed on the President by the Constitution of the United
+ States, and that the President could not be deprived of this power
+ or relieved of this duty, nor could the same be vested by law in the
+ President and the Senate jointly, either in part or whole; and this has
+ ever since remained and was the opinion of this respondent at the time
+ when he was forced as aforesaid to consider and decide what act or acts
+ should and might lawfully be done by this respondent, as President of
+ the United States, to cause the said Stanton to surrender the said
+ office.
+</p>
+<p>
+ This respondent was also then aware that by the first section of "An act
+ regulating the tenure of certain civil offices," passed March 2, 1867,
+ by a constitutional majority of both Houses of Congress, it was enacted
+ as follows:
+</p>
+<p class="q">
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: <i>Provided</i>,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of the
+ President by whom they may have been appointed and one month thereafter,
+ subject to removal by and with the advice and consent of the Senate.
+</p>
+<p>
+ This respondent was also aware that this act was understood and intended
+ to be an expression of the opinion of the Congress by which that act
+ was passed that the power to remove executive officers for cause might
+ by law be taken from the President and vested in him and the Senate
+ jointly; and although this respondent had arrived at and still retained
+ the opinion above expressed, and verily believed, as he still believes,
+ that the said first section of the last-mentioned act was and is wholly
+ inoperative and void by reason of its conflict with the Constitution of
+ the United States, yet, inasmuch as the same had been enacted by the
+ constitutional majority in each of the two Houses of that Congress, this
+ respondent considered it to be proper to examine and decide whether the
+ particular case of the said Stanton, on which it was this respondent's
+ duty to act, was within or without the terms of that first section of
+ the act, or, if within it, whether the President had not the power,
+ according to the terms of the act, to remove the said Stanton from the
+ office of Secretary for the Department of War; and having, in his
+ capacity of President of the United States, so examined and considered,
+ did form the opinion that the case of the said Stanton and his tenure of
+ office were not affected by the first section of the last-named act.
+</p>
+<p>
+ And this respondent, further answering, says that although a case thus
+ existed which, in his judgment, as President of the United States,
+ called for the exercise of the executive power to remove the said
+ Stanton from the office of Secretary for the Department of War; and
+ although this respondent was of opinion, as is above shown, that under
+ the Constitution of the United States the power to remove the said
+ Stanton from the said office was vested in the President of the United
+ States; and although this respondent was also of the opinion, as is
+ above shown, that the case of the said Stanton was not affected by
+ the first section of the last-named act; and although each of the
+ said opinions had been formed by this respondent upon an actual case,
+ requiring him, in his capacity of President of the United States, to
+ come to some judgment and determination thereon, yet this respondent,
+ as President of the United States, desired and determined to avoid, if
+ possible, any question of the construction and effect of the said first
+ section of the last-named act, and also the broader question of the
+ executive power conferred upon the President of the United States by
+ the Constitution of the United States to remove one of the principal
+ officers of one of the Executive Departments for cause seeming to him
+ sufficient; and this respondent also desired and determined that if,
+ from causes over which he could exert no control, it should become
+ absolutely necessary to raise and have in some way determined either
+ or both of the said last-named questions, it was in accordance with the
+ Constitution of the United States, and was required of the President
+ thereby, that questions of so much gravity and importance, upon which
+ the legislative and executive departments of the Government had
+ disagreed, which involved powers considered by all branches of the
+ Government, during its entire history down to the year 1867, to have
+ been confided by the Constitution of the United States to the President,
+ and to be necessary for the complete and proper execution of his
+ constitutional duties, should be in some proper way submitted to that
+ judicial department of the Government intrusted by the Constitution
+ with the power, and subjected by it to the duty, not only of
+ determining finally the construction and effect of all acts of Congress,
+ but of comparing them with the Constitution of the United States
+ and pronouncing them inoperative when found in conflict with that
+ fundamental law which the people have enacted for the government of
+ all their servants. And to these ends, first, that through the action
+ of the Senate of the United States the absolute duty of the President
+ to substitute some fit person in place of Mr. Stanton as one of his
+ advisers, and as a principal subordinate officer whose official conduct
+ he was responsible for and had lawful right to control, might, if
+ possible, be accomplished without the necessity of raising any one
+ of the questions aforesaid; and, second, if this duty could not
+ be so performed, then that these questions, or such of them as might
+ necessarily arise, should be judicially determined in manner aforesaid,
+ and for no other end or purpose, this respondent, as President of the
+ United States, on the 12th day of August, 1867, seven days after the
+ reception of the letter of the said Stanton of the 5th of August,
+ hereinbefore stated, did issue to the said Stanton the order
+ following, namely:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ <i>Washington, August 12, 1867</i>.
+</p><p class="q">
+ Hon. EDWIN M. STANTON,
+<br>
+ <i>Secretary of War</i>.
+</p><p class="q">
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+</p><p class="q">
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War <i>ad interim</i>,
+ all records, books, papers, and other public property now in your
+ custody and charge.
+</p>
+<p>
+ To which said order the said Stanton made the following reply:
+</p>
+<p class="q" style="text-align: right;">
+ WAR DEPARTMENT,
+<br>
+ <i>Washington City, August 12, 1867</i>.
+</p><p class="q">
+ The PRESIDENT.
+</p><p class="q">
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers vested in you as President by the Constitution
+ and laws of the United States I am suspended from office as Secretary
+ of War, and will cease to exercise any and all functions pertaining to
+ the same; and also directing me at once to transfer to General Ulysses
+ S. Grant, who has this day been authorized and empowered to act as
+ Secretary of War <i>ad interim</i>, all records, books, papers, and other
+ public property now in my custody and charge.
+</p><p class="q">
+ Under a sense of public duty, I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without legal cause, to suspend me from office
+ as Secretary of War, or the exercise of any or all functions pertaining
+ to the same, or without such advice and consent to compel me to transfer
+ to any person the records, books, papers, and public property in my
+ custody as Secretary.
+</p><p class="q">
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed <i>ad interim</i>, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+</p>
+<p>
+ And this respondent, further answering, says that it is provided in and
+ by the second section of "An act regulating the tenure of certain civil
+ offices" that the President may suspend an officer from the performance
+ of the duties of the office held by him, for certain causes therein
+ designated, until the next meeting of the Senate and until the case
+ shall be acted on by the Senate; that this respondent, as President
+ of the United States, was advised, and he verily believed, and still
+ believes, that the executive power of removal from office confided to
+ him by the Constitution as aforesaid includes the power of suspension
+ from office at the pleasure of the President; and this respondent, by
+ the order aforesaid, did suspend the said Stanton from office, not until
+ the next meeting of the Senate or until the Senate should have acted
+ upon the case, but, by force of the power and authority vested in him by
+ the Constitution and laws of the United States, indefinitely and at the
+ pleasure of the President; and the order, in form aforesaid, was made
+ known to the Senate of the United States on the 12th day of December,
+ A.D. 1867, as will be more fully hereinafter stated.
+</p>
+<p>
+ And this respondent, further answering, says that in and by the act of
+ February 13, 1795, it was, among other things, provided and enacted that
+ in case of vacancy in the office of Secretary for the Department of
+ War it shall be lawful for the President, in case he shall think it
+ necessary, to authorize any person to perform the duties of that office
+ until a successor be appointed or such vacancy filled, but not exceeding
+ the term of six months; and this respondent, being advised and believing
+ that such law was in full force and not repealed, by an order dated
+ August 12, 1867, did authorize and empower Ulysses S. Grant, General of
+ the armies of the United States, to act as Secretary for the Department
+ of War <i>ad interim</i>, in the form in which similar authority had
+ theretofore been given, not until the next meeting of the Senate and
+ until the Senate should act on the case, but at the pleasure of the
+ President, subject only to the limitation of six months in the said
+ last-mentioned act contained; and a copy of the last-named order was
+ made known to the Senate of the United States on the 12th day of
+ December, A.D. 1867, as will be hereinafter more fully stated; and in
+ pursuance of the design and intention aforesaid, if it should become
+ necessary, to submit the said questions to a judicial determination,
+ this respondent, at or near the date of the last-mentioned order, did
+ make known such his purpose to obtain a judicial decision of the said
+ questions, or such of them as might be necessary.
+</p>
+<p>
+ And this respondent, further answering, says that in further pursuance
+ of his intention and design, if possible, to perform what he judged to
+ be his imperative duty, to prevent the said Stanton from longer holding
+ the office of Secretary for the Department of War, and at the same time
+ avoiding, if possible, any question respecting the extent of the power
+ of removal from executive office confided to the President by the
+ Constitution of the United States, and any question respecting the
+ construction and effect of the first section of the said "Act regulating
+ the tenure of certain civil offices," while he should not by any act of
+ his abandon and relinquish either a power which he believed the
+ Constitution had conferred on the President of the United States to
+ enable him to perform the duties of his office or a power designedly
+ left to him by the first section of the act of Congress last aforesaid,
+ this respondent did, on the 12th day of December, 1867, transmit to the
+ Senate of the United States a message, a copy whereof is hereunto
+ annexed and marked B, wherein he made known the orders aforesaid and
+ the reasons which had induced the same, so far as this respondent then
+ considered it material and necessary that the same should be set forth,
+ and reiterated his views concerning the constitutional power of removal
+ vested in the President, and also expressed his views concerning the
+ construction of the said first section of the last-mentioned act, as
+ respected the power of the President to remove the said Stanton from
+ the said office of Secretary for the Department of War, well hoping that
+ this respondent could thus perform what he then believed, and still
+ believes, to be his imperative duty in reference to the said Stanton
+ without derogating from the powers which this respondent believed were
+ confided to the President by the Constitution and laws, and without
+ the necessity of raising judicially any questions respecting the same.
+</p>
+<p>
+ And this respondent, further answering, says that this hope not having
+ been realized, the President was compelled either to allow the said
+ Stanton to resume the said office and remain therein contrary to the
+ settled convictions of the President, formed as aforesaid, respecting
+ the powers confided to him and the duties required of him by the
+ Constitution of the United States, and contrary to the opinion formed
+ as aforesaid that the first section of the last-mentioned act did not
+ affect the case of the said Stanton, and contrary to the fixed belief
+ of the President that he could no longer advise with or trust or be
+ responsible for the said Stanton in the said office of Secretary for the
+ Department of War, or else he was compelled to take such steps as might
+ in the judgment of the President be lawful and necessary to raise for a
+ judicial decision the questions affecting the lawful right of the said
+ Stanton to resume the said office or the power of the said Stanton to
+ persist in refusing to quit the said office if he should persist in
+ actually refusing to quit the same; and to this end, and to this end
+ only, this respondent did, on the 21st day of February, 1868, issue the
+ order for the removal of the said Stanton, in the said first article
+ mentioned and set forth, and the order authorizing the said Lorenzo
+ Thomas to act as Secretary of War <i>ad interim</i>, in the said second
+ article set forth.
+</p>
+<p>
+ And this respondent, proceeding to answer specifically each substantial
+ allegation in the said first article, says: He denies that the said
+ Stanton, on the 21st day of February, 1868, was lawfully in possession
+ of the said office of Secretary for the Department of War. He denies
+ that the said Stanton, on the day last mentioned, was lawfully entitled
+ to hold the said office against the will of the President of the United
+ States. He denies that the said order for the removal of the said
+ Stanton was unlawfully issued. He denies that the said order was issued
+ with intent to violate the act entitled "An act regulating the tenure of
+ certain civil offices." He denies that the said order was a violation of
+ the last-mentioned act. He denies that the said order was a violation of
+ the Constitution of the United States, or of any law thereof, or of his
+ oath of office. He denies that the said order was issued with an intent
+ to violate the Constitution of the United States, or any law thereof, or
+ this respondent's oath of office; and he respectfully but earnestly
+ insists that not only was it issued by him in the performance of what he
+ believed to be an imperative official duty, but in the performance of
+ what this honorable court will consider was, in point of fact, an
+ imperative official duty. And he denies that any and all substantive
+ matters in the said first article contained, in manner and form as the
+ same are therein stated and set forth, do by law constitute a high
+ misdemeanor in office within the true intent and meaning of the
+ Constitution of the United States.
+</p>
+<p>
+ <i>Answer to Article II</i>.&mdash;And for answer to the second article this
+ respondent says that he admits he did issue and deliver to said Lorenzo
+ Thomas the said writing set forth in said second article, bearing
+ date at Washington, D.C., February 21, 1868, addressed to Brevet
+ Major-General Lorenzo Thomas, Adjutant-General United States Army,
+ Washington, D.C., and he further admits that the same was so issued
+ without the advice and consent of the Senate of the United States, then
+ in session; but he denies that he thereby violated the Constitution of
+ the United States or any law thereof, or that he did thereby intend to
+ violate the Constitution of the United States or the provisions of any
+ act of Congress; and this respondent refers to his answer to said first
+ article for a full statement of the purposes and intentions with which
+ said order was issued, and adopts the same as part of his answer to this
+ article; and he further denies that there was then and there no vacancy
+ in the said office of Secretary for the Department of War, or that he
+ did then and there commit or was guilty of a high misdemeanor in office;
+ and this respondent maintains and will insist&mdash;
+</p>
+<p>
+ 1. That at the date and delivery of said writing there was a vacancy
+ existing in the office of Secretary for the Department of War.
+</p>
+<p>
+ 2. That notwithstanding the Senate of the United States was then in
+ session, it was lawful and according to long and well-established usage
+ to empower and authorize the said Thomas to act as Secretary of War
+ <i>ad interim</i>.
+</p>
+<p>
+ 3. That if the said act regulating the tenure of civil offices be held
+ to be a valid law, no provision of the same was violated by the issuing
+ of said order or by the designation of said Thomas to act as Secretary
+ of War <i>ad interim</i>.
+</p>
+<p>
+ <i>Answer to Article III</i>.&mdash;And for answer to said third article this
+ respondent says that he abides by his answer to said first and second
+ articles in so far as the same are responsive to the allegations
+ contained in the said third article, and, without here again repeating
+ the same answer, prays the same be taken as an answer to this third
+ article as fully as if here again set out at length; and as to the new
+ allegation contained in said third article, that this respondent did
+ appoint the said Thomas to be Secretary for the Department of War <i>ad
+ interim</i>, this respondent denies that he gave any other authority to
+ said Thomas than such as appears in said written authority, set out in
+ said article, by which he authorized and empowered said Thomas to act
+ as Secretary for the Department of War <i>ad interim</i>; and he denies
+ that the same amounts to an appointment, and insists that it is only
+ a designation of an officer of that Department to act temporarily as
+ Secretary for the Department of War <i>ad interim</i>&mdash;until an appointment
+ should be made. But whether the said written authority amounts to an
+ appointment or to a temporary authority or designation, this respondent
+ denies that in any sense he did thereby intend to violate the
+ Constitution of the United States, or that he thereby intended to
+ give the said order the character or effect of an appointment in the
+ constitutional or legal sense of that term. He further denies that there
+ was no vacancy in said office of Secretary for the Department of War
+ existing at the date of said written authority.
+</p>
+<p>
+ <i>Answer to Article IV</i>.&mdash;And for answer to said fourth article this
+ respondent denies that on the said 21st day of February, 1868, at
+ Washington aforesaid, or at any other time or place, he did unlawfully
+ conspire with the said Lorenzo Thomas, or with the said Thomas and any
+ other person or persons, with intent, by intimidations and threats,
+ unlawfully to hinder and prevent the said Stanton from holding said
+ office of Secretary for the Department of War, in violation of the
+ Constitution of the United States or of the provisions of the said act
+ of Congress in said article mentioned, or that he did then and there
+ commit or was guilty of a high crime in office. On the contrary thereof,
+ protesting that the said Stanton was not then and there lawfully the
+ Secretary for the Department of War, this respondent states that his
+ sole purpose in authorizing the said Thomas to act as Secretary for the
+ Department of War <i>ad interim</i> was, as is fully stated in his answer to
+ the said first article, to bring the question of the right of the said
+ Stanton to hold said office, notwithstanding his said suspension, and
+ notwithstanding the said order of removal, and notwithstanding the said
+ authority of the said Thomas to act as Secretary of War <i>ad interim</i>, to
+ the test of a final decision by the Supreme Court of the United States
+ in the earliest practicable mode by which the question could be brought
+ before that tribunal.
+</p>
+<p>
+ This respondent did not conspire or agree with the said Thomas, or any
+ other person or persons, to use intimidation or threats to hinder or
+ prevent the said Stanton from holding the said office of Secretary for
+ the Department of War, nor did this respondent at any time command
+ or advise the said Thomas, or any other person or persons, to resort
+ to or use either threats or intimidation for that purpose. The only
+ means in the contemplation or purpose of respondent to be used are set
+ forth fully in the said orders of February 21, the first addressed to
+ Mr. Stanton and the second to the said Thomas. By the first order the
+ respondent notified Mr. Stanton that he was removed from the said office
+ and that his functions as Secretary for the Department of War were to
+ terminate upon the receipt of that order; and he also thereby notified
+ the said Stanton that the said Thomas had been authorized to act as
+ Secretary for the Department of War <i>ad interim</i>, and ordered the said
+ Stanton to transfer to him all the records, books, papers, and other
+ public property in his custody and charge; and by the second order this
+ respondent notified the said Thomas of the removal from office of the
+ said Stanton, and authorized him to act as Secretary for the Department
+ of War <i>ad interim</i>, and directed him to immediately enter upon the
+ discharge of the duties pertaining to that office and to receive the
+ transfer of all the records, books, papers, and other public property
+ from Mr. Stanton then in his custody and charge.
+</p>
+<p>
+ Respondent gave no instructions to the said Thomas to use intimidation
+ or threats to enforce obedience to these orders. He gave him no
+ authority to call in the aid of the military or any other force to
+ enable him to obtain possession of the office or of the books, papers,
+ records, or property thereof. The only agency resorted to, or intended
+ to be resorted to, was by means of the said Executive orders requiring
+ obedience. But the Secretary for the Department of War refused to obey
+ these orders, and still holds undisturbed possession and custody of that
+ Department and of the records, books, papers, and other public property
+ therein. Respondent further states that in execution of the orders so by
+ this respondent given to the said Thomas he, the said Thomas, proceeded
+ in a peaceful manner to demand of the said Stanton a surrender to him of
+ the public property in the said Department, and to vacate the possession
+ of the same, and to allow him, the said Thomas, peaceably to exercise
+ the duties devolved upon him by authority of the President. That, as
+ this respondent has been informed and believes, the said Stanton
+ peremptorily refused obedience to the orders so issued. Upon such
+ refusal no force or threat of force was used by the said Thomas, by
+ authority of the President or otherwise, to enforce obedience, either
+ then or at any subsequent time.
+</p>
+<p>
+ This respondent doth here except to the sufficiency of the allegations
+ contained in said fourth article, and states for ground of exception
+ that it is not stated that there was any agreement between this
+ respondent and the said Thomas, or any other person or persons, to use
+ intimidation and threats, nor is there any allegation as to the nature
+ of said intimidation and threats, or that there was any agreement to
+ carry them into execution, or that any step was taken or agreed to be
+ taken to carry them into execution; and that the allegation in said
+ article that the intent of said conspiracy was to use intimidation and
+ threats is wholly insufficient, inasmuch as it is not alleged that the
+ said intent formed the basis or became part of any agreement between the
+ said alleged conspirators; and, furthermore, that there is no allegation
+ of any conspiracy or agreement to use intimidation or threats.
+</p>
+<p>
+ <i>Answer to Article V</i>.&mdash;And for answer to the said fifth article this
+ respondent denies that on the said 21st day of February, 1868, or at
+ any other time or times in the same year before the said 2d day of
+ March, 1868, or at any prior or subsequent time, at Washington
+ aforesaid, or at any other place, this respondent did unlawfully
+ conspire with the said Thomas, or with any other person or persons,
+ to prevent or hinder the execution of the said act entitled "An act
+ regulating the tenure of certain civil offices," or that, in pursuance
+ of said alleged conspiracy, he did unlawfully attempt to prevent the
+ said Edwin M. Stanton from holding the said office of Secretary for the
+ Department of War, or that he did thereby commit, or that he was thereby
+ guilty of, a high misdemeanor in office. Respondent, protesting that
+ said Stanton was not then and there Secretary for the Department of War,
+ begs leave to refer to his answer given to the fourth article and to his
+ answer to the first article as to his intent and purpose in issuing the
+ orders for the removal of Mr. Stanton and the authority given to the
+ said Thomas, and prays equal benefit therefrom as if the same were here
+ again repeated and fully set forth.
+</p>
+<p>
+ And this respondent excepts to the sufficiency of the said fifth
+ article, and states his ground for such exception that it is not alleged
+ by what means or by what agreement the said alleged conspiracy was
+ formed or agreed to be carried out, or in what way the same was
+ attempted to be carried out, or what were the acts done in pursuance
+ thereof.
+</p>
+<p>
+ <i>Answer to Article VI</i>.&mdash;And for answer to the said sixth article this
+ respondent denies that on the said 21st day of February, 1868, at
+ Washington aforesaid, or at any other time or place, he did unlawfully
+ conspire with the said Thomas by force to seize, take, or possess the
+ property of the United States in the Department of War, contrary to
+ the provisions of the said acts referred to in the said article, or
+ either of them, or with intent to violate either of them. Respondent,
+ protesting that said Stanton was not then and there Secretary for the
+ Department of War, not only denies the said conspiracy as charged, but
+ also denies any unlawful intent in reference to the custody and charge
+ of the property of the United States in the said Department of War, and
+ again refers to his former answers for a full statement of his intent
+ and purpose in the premises.
+</p>
+<p>
+ <i>Answer to Article VII</i>.&mdash;And for answer to the said seventh article
+ respondent denies that on the said 21st day of February, 1868, at
+ Washington aforesaid, or at any other time and place, he did unlawfully
+ conspire with the said Thomas with intent unlawfully to seize, take, or
+ possess the property of the United States in the Department of War, with
+ intent to violate or disregard the said act in the said seventh article
+ referred to, or that he did then and there commit a high misdemeanor in
+ office. Respondent, protesting that the said Stanton was not then and
+ there Secretary for the Department of War, again refers to his former
+ answers, in so far as they are applicable, to show the intent with which
+ he proceeded in the premises, and prays equal benefit therefrom as
+ if the same were here again fully repeated. Respondent further takes
+ exception to the sufficiency of the allegations of this article as to
+ the conspiracy alleged upon the same grounds as stated in the exception
+ set forth in his answer to said article fourth.
+</p>
+<p>
+ <i>Answer to Article VIII</i>.&mdash;And for answer to the said eighth article
+ this respondent denies that, on the 21st day of February, 1868, at
+ Washington aforesaid, or at any other time and place, he did issue
+ and deliver to the said Thomas the said letter of authority set forth
+ in the said eighth article with the intent unlawfully to control the
+ disbursements of the money appropriated for the military service and
+ for the Department of War. This respondent, protesting that there was
+ a vacancy in the office of Secretary of War, admits that he did issue
+ the said letter of authority, and he denies that the same was with any
+ unlawful intent whatever, either to violate the Constitution of the
+ United States or any act of Congress. On the contrary, this respondent
+ again affirms that his sole intent was to vindicate his authority as
+ President of the United States, and by peaceful means to bring the
+ question of the right of the said Stanton to continue to hold the said
+ office of Secretary of War to a final decision before the Supreme Court
+ of the United States, as has been hereinbefore set forth; and he prays
+ the same benefit from his answer in the premises as if the same were
+ here again repeated at length.
+</p>
+<p>
+ <i>Answer to Article IX</i>.&mdash;And for answer to the said ninth article
+ the respondent states that on the said 22d day of February, 1868, the
+ following note was addressed to the said Emory by the private secretary
+ of the respondent:
+</p>
+<p class="q" style="text-align: right;">
+ EXECUTIVE MANSION,
+<br>
+ WASHINGTON, D.C.,
+<br>
+ <i>February 22, 1868</i>.
+</p><p class="q">
+ GENERAL: The President directs me to say that he will be pleased to have
+ you call upon him as early as practicable.
+</p><p class="q">
+ Respectfully and truly yours,
+</p><p class="q" style="text-align: right;">
+ WILLIAM G. MOORE,
+<br>
+ <i>United States Army</i>.
+</p>
+<p>
+ General Emory called at the Executive Mansion according to this request.
+ The object of respondent was to be advised by General Emory, as
+ commander of the Department of Washington, what changes had been made in
+ the military affairs of the department. Respondent had been informed
+ that various changes had been made which in no wise had been brought to
+ his notice or reported to him from the Department of War or from any
+ other quarter, and desired to ascertain the facts. After the said Emory
+ had explained in detail the changes which had taken place, said Emory
+ called the attention of respondent to a general order which he referred
+ to, and which this respondent then sent for, when it was produced. It is
+ as follows:
+</p>
+<center>
+ GENERAL ORDERS, No, 17.
+</center>
+<p class="q" style="text-align: right;">
+ WAR DEPARTMENT,
+<br>
+ ADJUTANT-GENERALS OFFICE,
+<br>
+ <i>Washington, March 14, 1867</i>.
+</p><p class="q">
+ The following acts of Congress are published for the information and
+ government of all concerned:
+</p>
+<hr>
+<p class="q">
+ "II.&mdash;PUBLIC&mdash;No. 85.
+</p><p class="q">
+ "An act making appropriations for the support of the Army for the year
+ ending June 30, 1868, and for other purposes.
+</p>
+<hr>
+<p class="q">
+ "SEC. 2. <i>And be it further enacted</i>, That the headquarters of the
+ General of the Army of the United States shall be at the city of
+ Washington, and all orders and instructions relating to military
+ operations issued by the President or Secretary of War shall be issued
+ through the General of the Army, and in case of his inability through
+ the next in rank. The General of the Army shall not be removed,
+ suspended, or relieved from command, or assigned to duty elsewhere than
+ at said headquarters, except at his own request, without the previous
+ approval of the Senate; and any orders or instructions relating to
+ military operations issued contrary to the requirements of this section
+ shall be null and void; and any officer who shall issue orders or
+ instructions contrary to the provisions of this section shall be deemed
+ guilty of a misdemeanor in office; and any officer of the Army who shall
+ transmit, convey, or obey any orders or instructions so issued contrary
+ to the provisions of this section, knowing that such orders were so
+ issued, shall be liable to imprisonment for not less than two nor more
+ than twenty years upon conviction thereof in any court of competent
+ jurisdiction.
+</p>
+<hr>
+<p class="q">
+ "Approved, March 2, 1867."
+</p>
+<hr>
+<p class="q">
+ By order of the Secretary of War:
+</p><p class="q" style="text-align: right;">
+ E.D. TOWNSEND,
+<br>
+ <i>Assistant Adjutant-General</i>.
+</p><p class="q">
+ Official:
+</p><p class="q" style="text-align: right;">
+ &mdash;&mdash;&mdash;&mdash; &mdash;&mdash;&mdash;&mdash;,
+<br>
+ <i>Assistant Adjutant-General</i>.
+</p>
+<p>
+ General Emory not only called the attention of respondent to this order,
+ but to the fact that it was in conformity with a section contained in an
+ appropriation act passed by Congress. Respondent, after reading the
+ order, observed:
+</p>
+<p>
+ This is not in accordance with the Constitution of the United States,
+ which makes me Commander in Chief of the Army and Navy, or of the
+ language of the commission which you hold.
+</p>
+<p>
+ General Emory then stated that this order had met the respondent's
+ approval. Respondent then said in reply, in substance:
+</p>
+<p class="q">
+ Am I to understand that the President of the United States can not give
+ an order but through the General in Chief, or General Grant?
+</p>
+<p>
+ General Emory again reiterated the statement that it had met
+ respondent's approval, and that it was the opinion of some of the
+ leading lawyers of the country that this order was constitutional. With
+ some further conversation, respondent then inquired the names of the
+ lawyers who had given the opinion, and he mentioned the names of two.
+ Respondent then said that the object of the law was very evident,
+ referring to the clause in the appropriation act upon which the order
+ purported to be based. This, according to respondent's recollection,
+ was the substance of the conversation had with General Emory.
+</p>
+<p>
+ Respondent denies that any allegations in the said article of any
+ instructions or declarations given to the said Emory then or at any
+ other time contrary to or in addition to what is hereinbefore set forth
+ are true. Respondent denies that in said conversation with said Emory he
+ had any other intent than to express the opinion then given to the said
+ Emory, nor did he then or at any time request or order the said Emory
+ to disobey any law or any order issued in conformity with any law,
+ or intend to offer any inducement to the said Emory to violate any
+ law. What this respondent then said to General Emory was simply the
+ expression of an opinion which he then fully believed to be sound,
+ and which he yet believes to be so, and that is that by the express
+ provisions of the Constitution this respondent, as President, is made
+ the Commander in Chief of the armies of the United States, and as such
+ he is to be respected, and that his orders, whether issued through the
+ War Department, or through the General in Chief, or by any other channel
+ of communication, are entitled to respect and obedience, and that such
+ constitutional power can not be taken from him by virtue of any act of
+ Congress. Respondent doth therefore deny that by the expression of such
+ opinion he did commit or was guilty of a high misdemeanor in office;
+ and the respondent doth further say that the said Article IX lays no
+ foundation whatever for the conclusion stated in the said article, that
+ the respondent, by reason of the allegations therein contained, was
+ guilty of a high misdemeanor in office.
+</p>
+<p>
+ In reference to the statement made by General Emory that this respondent
+ had approved of said act of Congress containing the section referred to,
+ the respondent admits that his formal approval was given to said act,
+ but accompanied the same by the following message, addressed and sent
+ with the act to the House of Representatives, in which House the said
+ act originated, and from which it came to respondent:
+</p>
+<p class="q" style="text-align: right;">
+ WASHINGTON, D.C., <i>March 2, 1867</i>.
+</p><p class="q">
+ <i>To the House of Representatives</i>:
+</p><p class="q">
+ The act entitled "An act making appropriations for the support of
+ the Army for the year ending June 30, 1868, and for other purposes,"
+ contains provisions to which I must call attention. These provisions
+ are contained in the second section, which in certain cases virtually
+ deprives the President of his constitutional functions as Commander in
+ Chief of the Army, and in the sixth section, which denies to ten States
+ of the Union their constitutional right to protect themselves in any
+ emergency by means of their own militia. These provisions are out of
+ place in an appropriation act, but I am compelled to defeat these
+ necessary appropriations if I withhold my signature from the act.
+ Pressed by these considerations, I feel constrained to return the bill
+ with my signature, but to accompany it with my earnest protest against
+ the sections which I have indicated.
+</p>
+<p>
+ Respondent, therefore, did no more than to express to said Emory the
+ same opinion which he had so expressed to the House of Representatives.
+</p>
+<p>
+ <i>Answer to Article X</i>.&mdash;And in answer to the tenth article and
+ specifications thereof the respondent says that on the 14th and 15th
+ days of August, in the year 1866, a political convention of delegates
+ from all or most of the States and Territories of the Union was held
+ in the city of Philadelphia, under the name and style of the National
+ Union Convention, for the purpose of maintaining and advancing certain
+ political views and opinions before the people of the United States, and
+ for their support and adoption in the exercise of the constitutional
+ suffrage in the elections of Representatives and Delegates in Congress
+ which were soon to occur in many of the States and Territories of the
+ Union; which said convention, in the course of its proceedings, and
+ in furtherance of the objects of the same, adopted a "Declaration of
+ principles" and "An address to the people of the United States," and
+ appointed a committee of two of its members from each State and of one
+ from each Territory and one from the District of Columbia to wait upon
+ the President of the United States and present to him a copy of the
+ proceedings of the convention; that on the 18th day of said month of
+ August this committee waited upon the President of the United States
+ at the Executive Mansion, and was received by him in one of the rooms
+ thereof, and by their chairman, Hon. Reverdy Johnson, then and now
+ a Senator of the United States, acting and speaking in their behalf,
+ presented a copy of the proceedings of the convention and addressed the
+ President of the United States in a speech of which a copy (according
+ to a published report of the same, and, as the respondent believes,
+ substantially a correct report) is hereto annexed as a part of this
+ answer, and marked Exhibit C.
+</p>
+<p>
+ That thereupon, and in reply to the address of said committee by their
+ chairman, this respondent addressed the said committee so waiting upon
+ him in one of the rooms of the Executive Mansion; and this respondent
+ believes that this his address to said committee is the occasion
+ referred to in the first specification of the tenth article; but this
+ respondent does not admit that the passages therein set forth, as if
+ extracts from a speech or address of this respondent upon said occasion,
+ correctly or justly present his speech or address upon said occasion,
+ but, on the contrary, this respondent demands and insists that if
+ this honorable court shall deem the said article and the said first
+ specification thereof to contain allegation of matter cognizable by
+ this honorable court as a high misdemeanor in office within the intent
+ and meaning of the Constitution of the United States, and shall receive
+ or allow proof in support of the same, that proof shall be required
+ to be made of the actual speech and address of this respondent on
+ said occasion, which this respondent denies that said article and
+ specification contain or correctly or justly represent.
+</p>
+<p>
+ And this respondent, further answering the tenth article and the
+ specifications thereof, says that at Cleveland, in the State of Ohio,
+ and on the 3d day of September, in the year 1866, he was attended by a
+ large assemblage of his fellow-citizens, and in deference and obedience
+ to their call and demand he addressed them upon matters of public and
+ political consideration; and this respondent believes that said occasion
+ and address are referred to in the second specification of the tenth
+ article; but this respondent does not admit that the passages therein
+ set forth, as if extracts from a speech of this respondent on said
+ occasion, correctly or justly present his speech or address upon said
+ occasion, but, on the contrary, this respondent demands and insists that
+ if this honorable court shall deem the said article and the said second
+ specification thereof to contain allegation of matter cognizable by this
+ honorable court as a high misdemeanor in office within the intent and
+ meaning of the Constitution of the United States, and shall receive or
+ allow proof in support of the same, that proof shall be required to be
+ made of the actual speech and address of this respondent on said
+ occasion, which this respondent denies that said article and
+ specification contain or correctly or justly represent.
+</p>
+<p>
+ And this respondent, further answering the tenth article and the
+ specifications thereof, says that at St. Louis, in the State of
+ Missouri, and on the 8th day of September, in the year 1866, he was
+ attended by a numerous assemblage of his fellow-citizens, and in
+ deference and obedience to their call and demand he addressed them upon
+ matters of public and political consideration; and this respondent
+ believes that said occasion and address are referred to in the third
+ specification of the tenth article; but this respondent does not admit
+ that the passages therein set forth, as if extracts from a speech of
+ this respondent on said occasion, correctly or justly present his speech
+ or address upon said occasion, but, on the contrary, this respondent
+ demands and insists that if this honorable court shall deem the said
+ article and the said third specification thereof to contain allegation
+ of matter cognizable by this honorable court as a high misdemeanor in
+ office within the intent and meaning of the Constitution of the United
+ States, and shall receive or allow proof in support of the same, that
+ proof shall be required to be made of the actual speech and address of
+ this respondent on said occasion, which this respondent denies that the
+ said article and specification contain or correctly or justly represent.
+</p>
+<p>
+ And this respondent, further answering the tenth article, protesting
+ that he has not been unmindful of the high duties of his office or of
+ the harmony or courtesies which ought to exist and be maintained between
+ the executive and legislative branches of the Government of the United
+ States, denies that he has ever intended or designed to set aside the
+ rightful authority or powers of Congress, or attempted to bring into
+ disgrace, ridicule, hatred, contempt, or reproach the Congress of the
+ United States, or either branch thereof, or to impair or destroy the
+ regard or respect of all or any of the good people of the United States
+ for the Congress or the rightful legislative power thereof, or to excite
+ the odium or resentment of all or any of the good people of the United
+ States against Congress and the laws by it duly and constitutionally
+ enacted. This respondent further says that at all times he has, in his
+ official acts as President, recognized the authority of the several
+ Congresses of the United States as constituted and organized during his
+ administration of the office of President of the United States.
+</p>
+<p>
+ And this respondent, further answering, says that he has from time
+ to time, under his constitutional right and duty as President of the
+ United States, communicated to Congress his views and opinions in
+ regard to such acts or resolutions thereof as, being submitted to him
+ as President of the United States in pursuance of the Constitution,
+ seemed to this respondent to require such communications; and he has
+ from time to time, in the exercise of that freedom of speech which
+ belongs to him as a citizen of the United States, and, in his political
+ relations as President of the United States to the people of the United
+ States, is upon fit occasions a duty of the highest obligation, expressed
+ to his fellow-citizens his views and opinions respecting the measures
+ and proceedings of Congress; and that in such addresses to his
+ fellow-citizens and in such his communications to Congress he has
+ expressed his views, opinions, and judgment of and concerning the actual
+ constitution of the two Houses of Congress, without representation
+ therein of certain States of the Union, and of the effect that in wisdom
+ and justice, in the opinion and judgment of this respondent, Congress
+ in its legislation and proceedings should give to this political
+ circumstance; and whatsoever he has thus communicated to Congress
+ or addressed to his fellow-citizens or any assemblage thereof this
+ respondent says was and is within and according to his right and
+ privilege as an American citizen and his right and duty as President
+ of the United States.
+</p>
+<p>
+ And this respondent, not waiving or at all disparaging his right
+ of freedom of opinion and of freedom of speech, as hereinbefore or
+ hereinafter more particularly set forth, but claiming and insisting upon
+ the same, further answering the said tenth article, says that the views
+ and opinions expressed by this respondent in his said addresses to
+ the assemblages of his fellow-citizens, as in said articles or in this
+ answer thereto mentioned, are not and were not intended to be other
+ or different from those expressed by him in his communications to
+ Congress&mdash;that the eleven States lately in insurrection never had
+ ceased to be States of the Union, and that they were then entitled
+ to representation in Congress by loyal Representatives and Senators
+ as fully as the other States of the Union, and that consequently the
+ Congress as then constituted was not in fact a Congress of all the
+ States, but a Congress of only a part of the States. This respondent,
+ always protesting against the unauthorized exclusion therefrom of the
+ said eleven States, nevertheless gave his assent to all laws passed by
+ said Congress which did not, in his opinion and judgment, violate the
+ Constitution, exercising his constitutional authority of returning bills
+ to said Congress with his objections when they appeared to him to be
+ unconstitutional or inexpedient.
+</p>
+<p>
+ And further, this respondent has also expressed the opinion, both in
+ his communications to Congress and in his addresses to the people, that
+ the policy adopted by Congress in reference to the States lately in
+ insurrection did not tend to peace, harmony, and union, but, on the
+ contrary, did tend to disunion and the permanent disruption of the
+ States, and that in following its said policy laws had been passed by
+ Congress in violation of the fundamental principles of the Government,
+ and which tended to consolidation and despotism; and such being his
+ deliberate opinions, he would have felt himself unmindful of the
+ high duties of his office if he had failed to express them in his
+ communications to Congress or in his addresses to the people when called
+ upon by them to express his opinions on matters of public and political
+ consideration.
+</p>
+<p>
+ And this respondent, further answering the tenth article, says that he
+ has always claimed and insisted, and now claims and insists, that both
+ in the personal and private capacity of a citizen of the United States
+ and in the political relations of the President of the United States to
+ the people of the United States, whose servant, under the duties and
+ responsibilities of the Constitution of the United States, the President
+ of the United States is and should always remain, this respondent had
+ and has the full right, and in his office of President of the United
+ States is held to the high duty, of forming, and on fit occasions
+ expressing, opinions of and concerning the legislation of Congress,
+ proposed or completed, in respect of its wisdom, expediency, justice,
+ worthiness, objects, purposes, and public and political motives and
+ tendencies, and within and as a part of such right and duty to form,
+ and on fit occasions to express, opinions of and concerning the public
+ character and conduct, views, purposes, objects, motives, and tendencies
+ of all men engaged in the public service, as well in Congress as
+ otherwise, and under no other rules or limits upon this right of
+ freedom of opinion and of freedom of speech, or of responsibility and
+ amenability for the actual exercise of such freedom of opinion and
+ freedom of speech, than attend upon such rights and their exercise on
+ the part of all other citizens of the United States and on the part of
+ all their public servants.
+</p>
+<p>
+ And this respondent, further answering said tenth article, says
+ that the several occasions on which, as is alleged in the several
+ specifications of said article, this respondent addressed his
+ fellow-citizens on subjects of public and political considerations were
+ not, nor was any one of them, sought or planned by this respondent, but,
+ on the contrary, each of said occasions arose upon the exercise of a
+ lawful and accustomed right of the people of the United States to call
+ upon their public servants and express to them their opinions, wishes,
+ and feelings upon matters of public and political consideration, and to
+ invite from such their public servants an expression of their opinions,
+ views, and feelings on matters of public and political consideration;
+ and this respondent claims and insists before this honorable court, and
+ before all the people of the United States, that of or concerning this
+ his right of freedom of opinion and of freedom of speech, and this
+ his exercise of such rights on all matters of public and political
+ consideration, and in respect of all public servants or persons
+ whatsoever engaged in or connected therewith, this respondent, as
+ a citizen or as President of the United States, is not subject to
+ question, inquisition, impeachment, or inculpation in any form or
+ manner whatsoever.
+</p>
+<p>
+ And this respondent says that neither the said tenth article nor any
+ specification thereof nor any allegation therein contained touches or
+ relates to any official act or doing of this respondent in the office
+ of President of the United States or in the discharge of any of its
+ constitutional or legal duties or responsibilities; but said article and
+ the specifications and allegations thereof, wholly and in every part
+ thereof, question only the discretion or propriety of freedom of opinion
+ or freedom, of speech as exercised by this respondent as a citizen of
+ the United States in his personal right and capacity, and without
+ allegation or imputation against this respondent of the violation of any
+ law of the United States touching or relating to freedom of speech or
+ its exercise by the citizens of the United States or by this respondent
+ as one of the said citizens or otherwise; and he denies that by reason
+ of any matter in said article or its specifications alleged he has said
+ or done anything indecent or unbecoming in the Chief Magistrate of the
+ United States, or that he has brought the high office of President of
+ the United States into contempt, ridicule, or disgrace, or that he has
+ committed or has been guilty of a high misdemeanor in office.
+</p>
+<p>
+ <i>Answer to Article XI</i>.&mdash;And in answer to the eleventh article this
+ respondent denies that on the 18th day of August, in the year 1866, at
+ the city of Washington, in the District of Columbia, he did, by public
+ speech or otherwise, declare or affirm, in substance or at all, that the
+ Thirty-ninth Congress of the United States was not a Congress of the
+ United States authorized by the Constitution to exercise legislative
+ power under the same, or that he did then and there declare or affirm
+ that the said Thirty-ninth Congress was a Congress of only part of the
+ States in any sense or meaning other than that ten States of the Union
+ were denied representation therein, or that he made any or either of
+ the declarations or affirmations in this behalf in the said article
+ alleged as denying or intending to deny that the legislation of said
+ Thirty-ninth Congress was valid or obligatory upon this respondent
+ except so far as this respondent saw fit to approve the same; and as to
+ the allegation in said article that he did thereby intend or mean to be
+ understood that the said Congress had not power to propose amendments
+ to the Constitution, this respondent says that in said address he said
+ nothing in reference to the subject of amendments of the Constitution,
+ nor was the question of the competency of the said Congress to propose
+ such amendments, without the participation of said excluded States,
+ at the time of said address in any way mentioned or considered or
+ referred to by this respondent, nor in what he did say had he any
+ intent regarding the same; and he denies the allegations so made
+ to the contrary thereof. But this respondent, in further answer to
+ and in respect of the said allegations of the said eleventh article
+ hereinbefore traversed and denied, claims and insists upon his personal
+ and official right of freedom of opinion and freedom of speech, and his
+ duty in his political relations as President of the United States to the
+ people of the United States in the exercise of such freedom of opinion
+ and freedom of speech, in the same manner, form, and effect as he has
+ in this behalf stated the same in his answer to the said tenth article,
+ and with the same effect as if he here repeated the same; and he further
+ claims and insists, as in said answer to said tenth article he has
+ claimed and insisted, that he is not subject to question, inquisition,
+ impeachment or inculpation, in any form or manner, of or concerning such
+ rights of freedom of opinion or freedom of speech, or his said alleged
+ exercise thereof.
+</p>
+<p>
+ And this respondent further denies that on the 21st day of February,
+ in the year 1868, or at any other time, at the city of Washington, in
+ the District of Columbia, in pursuance of any such declaration as in
+ that behalf in said eleventh article alleged, or otherwise, he did
+ unlawfully, and in disregard of the requirement of the Constitution that
+ he should take care that the laws should be faithfully executed, attempt
+ to prevent the execution of an act entitled "An act regulating the
+ tenure of certain civil offices," passed March 2, 1867, by unlawfully
+ devising or contriving, or attempting to devise or contrive, means by
+ which he should prevent Edwin M. Stanton from forthwith resuming the
+ functions of Secretary for the Department of War, or by unlawfully
+ devising or contriving, or attempting to devise or contrive, means to
+ prevent the execution of an act entitled "An act making appropriations
+ for the support of the Army for the fiscal year ending June 30, 1868,
+ and for other purposes," approved March 2, 1867, or to prevent the
+ execution of an act entitled "An act to provide for the more efficient
+ government of the rebel States," passed March 2, 1867.
+</p>
+<p>
+ And this respondent, further answering the said eleventh article, says
+ that he has in his answer to the first article set forth in detail the
+ acts, steps, and proceedings done and taken by this respondent to and
+ toward or in the matter of the suspension or removal of the said Edwin
+ M. Stanton in or from the office of Secretary for the Department of War,
+ with the times, modes, circumstances, intents, views, purposes, and
+ opinions of official obligations and duty under and with which such
+ acts, steps, and proceedings were done and taken; and he makes answer to
+ this eleventh article of the matters in his answer to the first article
+ pertaining to the suspension or removal of said Edwin M. Stanton, to the
+ same intent and effect as if they were here repeated and set forth.
+</p>
+<p>
+ And this respondent, further answering the said eleventh article,
+ denies that by means or reason of anything in said article alleged this
+ respondent, as President of the United States, did, on the 21st day of
+ February, 1868, or at any other day or time, commit or that he was
+ guilty of a high misdemeanor in office.
+</p>
+<p>
+ And this respondent, further answering the said eleventh article, says
+ that the same and the matters therein contained do not charge or allege
+ the commission of any act whatever by this respondent in his office of
+ President of the United States, nor the omission by this respondent of
+ any act of official obligation or duty in his office of President of
+ the United States; nor does the said article nor the matters therein
+ contained name, designate, describe, or define any act or mode or form
+ of attempt, device, contrivance, or means, or of attempt at device,
+ contrivance, or means, whereby this respondent can know or understand
+ what act or mode or form of attempt, device, contrivance, or means, or
+ of attempt at device, contrivance, or means, are imputed to or charged
+ against this respondent in his office of President of the United States,
+ or intended so to be, or whereby this respondent can more fully or
+ definitely make answer unto the said article than he hereby does.
+</p>
+<p>
+ And this respondent, in submitting to this honorable court this
+ his answer to the articles of impeachment exhibited against him,
+ respectfully reserves leave to amend and add to the same from time to
+ time, as may become necessary or proper, and when and as such necessity
+ and propriety shall appear.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p><br>
+ HENRY STANBERY,<br>
+ B.R. CURTIS,<br>
+ THOMAS A.R. NELSON,<br>
+ WILLIAM M. EVARTS,<br>
+ W.S. GROESBECK,<br>
+ <i>Of Counsel</i>.
+</p>
+<center>
+ [For Exhibits A and B see veto message of March 2, 1867, pp. 492-498,
+ and special message of December 12, 1867, pp. 583-594.]
+</center>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h3>
+ EXHIBIT C.
+</h3>
+<h4>
+ ADDRESS TO THE PRESIDENT BY HON. REVERDY JOHNSON, AUGUST, 18, 1866.
+</h4>
+<p>
+ Mr. PRESIDENT: We are before you as a committee of the National Union
+ Convention, which met in Philadelphia on Tuesday, the 14th instant,
+ charged with the duty of presenting you with an authentic copy of its
+ proceedings.
+</p>
+<p>
+ Before placing it in your hands you will permit us to congratulate
+ you that in the object for which the convention was called, in the
+ enthusiasm with which in every State and Territory the call was
+ responded to, in the unbroken harmony of its deliberations, in the
+ unanimity with which the principles it has declared were adopted, and
+ more especially in the patriotic and constitutional character of the
+ principles themselves, we are confident that you and the country will
+ find gratifying and cheering evidence that there exists among the people
+ a public sentiment which renders an early and complete restoration of
+ the Union as established by the Constitution certain and inevitable.
+ Party faction, seeking the continuance of its misrule, may momentarily
+ delay it, but the principles of political liberty for which our
+ fathers successfully contended, and to secure which they adopted the
+ Constitution, are so glaringly inconsistent with the condition in
+ which the country has been placed by such misrule that it will not
+ be permitted a much longer duration.
+</p>
+<p>
+ We wish, Mr. President, you could have witnessed the spirit of concord
+ and brotherly affection which animated every member of the convention.
+ Great as your confidence has ever been in the intelligence and
+ patriotism of your fellow-citizens, in their deep devotion to the Union
+ and their present determination to reinstate and maintain it, that
+ confidence would have become a positive conviction could you have seen
+ and heard all that was done and said upon the occasion. Every heart
+ was evidently full of joy; every eye beamed with patriotic animation;
+ despondency gave place to the assurance that, our late dreadful civil
+ strife ended, the blissful reign of peace, under the protection, not of
+ arms, but of the Constitution and laws, would have sway, and be in every
+ part of our land cheerfully acknowledged and in perfect good faith
+ obeyed. You would not have doubted that the recurrence of dangerous
+ domestic insurrections in the future is not to be apprehended.
+</p>
+<p>
+ If you could have seen the men of Massachusetts and South Carolina
+ coming into the convention on the first day of its meeting hand in hand,
+ amid the rapturous applause of the whole body, awakened by heartfelt
+ gratification at the event, filling the eyes of thousands with tears of
+ joy, which they neither could nor desired to repress, you would have
+ felt, as every person present felt, that the time had arrived when all
+ sectional or other perilous dissensions had ceased, and that nothing
+ should be heard in the future but the voice of harmony proclaiming
+ devotion to a common country, of pride in being bound together by a
+ common Union, existing and protected by forms of government proved by
+ experience to be eminently fitted for the exigencies of either war or
+ peace.
+</p>
+<p>
+ In the principles announced by the convention and in the feeling there
+ manifested we have every assurance that harmony throughout our entire
+ land will soon prevail. We know that as in former days, as was
+ eloquently declared by Webster, the nation's most gifted statesman,
+ Massachusetts and South Carolina went "shoulder to shoulder through the
+ Revolution" and stood hand in hand "around the Administration of
+ Washington and felt his own great arm lean on them for support," so will
+ they again, with like magnanimity, devotion, and power, stand round your
+ Administration and cause you to feel that you may also lean on them for
+ support.
+</p>
+<p>
+ In the proceedings, Mr. President, which we are to place in your hands
+ you will find that the convention performed the grateful duty imposed
+ upon them by their knowledge of your "devotion to the Constitution and
+ laws and interests of your country," as illustrated by your entire
+ Presidential career, of declaring that in you they "recognize a Chief
+ Magistrate worthy of the nation and equal to the great crisis upon
+ which your lot is cast;" and in this declaration it gives us marked
+ pleasure to add we are confident that the convention has but spoken the
+ intelligent and patriotic sentiment of the country. Ever inaccessible to
+ the low influences which often control the mere partisan, governed alone
+ by an honest opinion of constitutional obligations and rights and of the
+ duty of looking solely to the true interests, safety, and honor of the
+ nation, such a class is incapable of resorting to any bait for
+ popularity at the expense of the public good.
+</p>
+<p>
+ In the measures which you have adopted for the restoration of the Union
+ the convention saw only a continuance of the policy which for the same
+ purpose was inaugurated by your immediate predecessor. In his reelection
+ by the people, after that policy had been fully indicated and had been
+ made one of the issues of the contest, those of his political friends
+ who are now assailing you for sternly pursuing it are forgetful or
+ regardless of the opinions which their support of his reelection
+ necessarily involved. Being upon the same ticket with that much-lamented
+ public servant, whose foul assassination touched the heart of the
+ civilized world with grief and horror, you would have been false to
+ obvious duty if you had not endeavored to carry out the same policy;
+ and, judging now by the opposite one which Congress has pursued, its
+ wisdom and patriotism are indicated by the fact that that of Congress
+ has but continued a broken Union by keeping ten of the States in which
+ at one time the insurrection existed (as far as they could accomplish
+ it) in the condition of subjugated provinces, denying to them the right
+ to be represented, while subjecting their people to every species of
+ legislation, including that of taxation. That such a state of things is
+ at war with the very genius of our Government, inconsistent with every
+ idea of political freedom, and most perilous to the peace and safety of
+ the country no reflecting man can fail to believe.
+</p>
+<p>
+ We hope, sir, that the proceedings of the convention will cause you to
+ adhere, if possible, with even greater firmness to the course which you
+ are pursuing, by satisfying you that the people are with you, and that
+ the wish which lies nearest to their heart is that a perfect restoration
+ of our Union at the earliest moment be attained, and a conviction that
+ the result can only be accomplished by the measures which you are
+ pursuing. And in the discharge of the duties which these impose upon
+ you we, as did every member of the convention, again for ourselves
+ individually tender to you our profound respect and assurance of our
+ cordial and sincere support.
+</p>
+<p>
+ With a reunited Union, with no foot but that of a freeman treading or
+ permitted to tread our soil, with a nation's faith pledged forever to a
+ strict observance of all its obligations, with kindness and fraternal
+ love everywhere prevailing, the desolations of war will soon be removed;
+ its sacrifices of life, sad as they have been, will, with Christian
+ resignation, be referred to a providential purpose of fixing our beloved
+ country on a firm and enduring basis, which will forever place our
+ liberty and happiness beyond the reach of human peril.
+</p>
+<p>
+ Then, too, and forever, will our Government challenge the admiration and
+ receive the respect of the nations of the world, and be in no danger of
+ any efforts to impeach our honor.
+</p>
+<p>
+ And permit me, sir, in conclusion, to add that, great as is your
+ solicitude for the restoration of our domestic peace and your labors
+ to that end, you have also a watchful eye to the rights of the nation,
+ and that any attempt by an assumed or actual foreign power to enforce
+ an illegal blockade against the Government or citizens of the United
+ States, to use your own mild but expressive words, "will be disallowed."
+ In this determination I am sure you will receive the unanimous approval
+ of your fellow-citizens.
+</p>
+<p>
+ Now, sir, as the chairman of this committee, and in behalf of the
+ convention, I have the honor to present you with an authentic copy
+ of its proceedings.
+</p>
+<p class="q">
+ Counsel for the respondent submitted the following motion:
+</p><p class="q">
+ <i>To the Senate of the United States sitting as a court of impeachment</i>:
+</p><p class="q">
+ And now, on this 23d day of March, in the year 1868, the counsel for
+ the President of the United States, upon reading and filing his answer
+ to the articles of impeachment exhibited against him, respectfully
+ represent to the honorable court that after the replication shall have
+ been filed to the said answer the due and proper preparation of and for
+ the trial of the cause will require, in the opinion and judgment of such
+ counsel, that a period of not less than thirty days should be allowed to
+ the President of the United States and his counsel for such preparation,
+ and before the said trial should proceed.
+</p><p class="q"><br>
+ HENRY STANBERY,<br>
+ B.R. CURTIS,<br>
+ THOMAS A.R. NELSON,<br>
+ WM. M. EVARTS,<br>
+ W.S. GROESBECK,<br>
+ <i>Of Counsel</i>.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ TUESDAY, MARCH 24, 1868.
+</p>
+<h4>
+ UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p style="text-indent: -2em; padding-left: 2em;">
+ REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES TO
+ THE ANSWER OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, TO THE
+ ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+ REPRESENTATIVES.
+</p>
+<p>
+ The House of Representatives of the United States have considered the
+ several answers of Andrew Johnson, President of the United States, to
+ the several articles of impeachment against him, by them exhibited in
+ the name of themselves and of all the people of the United States, and
+ reserving to themselves all advantage of exception to the insufficiency
+ of his answer to each and all of the several articles of impeachment
+ exhibited against said Andrew Johnson, President of the United States,
+ do deny each and every averment in said several answers, or either
+ of them, which denies or traverses the acts, intents, crimes, or
+ misdemeanors charged against said Andrew Johnson in the said articles of
+ impeachment, or either of them, and for replication to the said answer
+ do say that said Andrew Johnson, President of the United States, is
+ guilty of the high crimes and misdemeanors mentioned in said articles,
+ and that the House of Representatives are ready to prove the same.
+</p>
+<p class="r">
+ SCHUYLER COLFAX,
+<br>
+ <i>Speaker of the House of Representatives</i>.
+</p>
+<p class="r">
+ EDW'D McPHERSON,
+<br>
+ <i>Clerk of the House of Representatives</i>.
+</p>
+<p>
+ The motion of the counsel for the respondent, submitted on March 23,
+ "that a period of not less than thirty days should be allowed to the
+ President of the United States and his counsel for such preparation and
+ before the said trial should proceed," was denied, and it was
+</p>
+<p class="q">
+ <i>Ordered</i>. That the Senate will commence the trial of the President
+ upon the articles of impeachment exhibited against him on Monday, the
+ 30th of March instant, and proceed therein with all convenient dispatch
+ under the rules of the Senate sitting upon the trial of an impeachment.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ MONDAY, MAY 11, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ The Chief Justice stated that in compliance with the desire of the
+ Senate he had prepared the question to be addressed to Senators upon
+ each article of impeachment, and that he had reduced his views thereon
+ to writing, which he read, as follows:
+</p>
+<p>
+ SENATORS: In conformity with what seemed to be the general wish of the
+ Senate when it adjourned last Thursday, the Chief Justice, in taking the
+ vote on the articles of impeachment, will adopt the mode sanctioned by
+ the practice in the cases of Chase, Peck, and Humphreys.
+</p>
+<p>
+ He will direct the Secretary to read the several articles successively,
+ and after the reading of each article will put the question of guilty or
+ not guilty to each Senator, rising in his place, in the form used in the
+ case of Judge Chase:
+</p>
+<p class="q">
+ Mr. Senator &mdash;&mdash;&mdash;&mdash;, how say you? Is the respondent, Andrew Johnson,
+ President of the United States, guilty or not guilty of a high
+ misdemeanor, as charged in this article?
+</p>
+<p>
+ In putting the question on Articles IV and VI, each of which charges a
+ crime, the word "crime" will be substituted for the word "misdemeanor."
+</p>
+<p>
+ The Chief Justice has carefully considered the suggestion of the Senator
+ from Indiana (Mr. Hendricks), which appeared to meet the approval of the
+ Senate, that in taking the vote on the eleventh article the question
+ should be put on each clause, and has found himself unable to divide the
+ article as suggested. The article charges several facts, but they are so
+ connected that they make but one allegation and they are charged as
+ constituting one misdemeanor.
+</p>
+<p>
+ The first fact charged is, in substance, that the President publicly
+ declared in August, 1866, that the Thirty-ninth Congress was a Congress
+ of only part of the States and not a constitutional Congress, intending
+ thereby to deny its constitutional competency to enact laws or propose
+ amendments of the Constitution; and this charge seems to have been made
+ as introductory, and as qualifying that which follows, namely, that the
+ President, in pursuance of this declaration, attempted to prevent the
+ execution of the tenure-of-office act by contriving and attempting to
+ contrive means to prevent Mr. Stanton from resuming the functions of
+ Secretary of War after the refusal of the Senate to concur in his
+ suspension, and also by contriving and attempting to contrive means to
+ prevent the execution of the appropriation act of March 2, 1867, and
+ also to prevent the execution of the rebel States governments act of
+ the same date.
+</p>
+<p>
+ The gravamen of the article seems to be that the President attempted
+ to defeat the execution of the tenure-of-office act, and that he
+ did this in pursuance of a declaration which was intended to deny
+ the constitutional competency of Congress to enact laws or propose
+ constitutional amendments, and by contriving means to prevent Mr.
+ Stanton from resuming his office of Secretary, and also to prevent the
+ execution of the appropriation act and the rebel States governments act.
+</p>
+<p>
+ The single substantive matter charged is the attempt to prevent the
+ execution of the tenure-of-office act, and the other facts are alleged
+ either as introductory and exhibiting this general purpose or as showing
+ the means contrived in furtherance of that attempt.
+</p>
+<p>
+ This single matter, connected with the other matters previously and
+ subsequently alleged, is charged as the high misdemeanor of which the
+ President is alleged to have been guilty.
+</p>
+<p>
+ The general question, guilty or not guilty of a high misdemeanor as
+ charged, seems fully to cover the whole charge, and will be put as to
+ this article as well as to the others, unless the Senate direct some
+ mode of division.
+</p>
+<p>
+ In the tenth article the division suggested by the Senator from New York
+ (Mr. Conkling) may be more easily made. It contains a general allegation
+ to the effect that on the 18th of August and on other days the
+ President, with intent to set aside the rightful authority of Congress
+ and bring it into contempt, delivered certain scandalous harangues, and
+ therein uttered loud threats and bitter menaces against Congress and the
+ laws of the United States enacted by Congress, thereby bringing the
+ office of President into disgrace, to the great scandal of all good
+ citizens, and sets forth in three distinct specifications the harangues,
+ threats, and menaces complained of.
+</p>
+<p>
+ In respect to this article, if the Senate sees fit so to direct, the
+ question of guilty or not guilty of the facts charged may be taken in
+ respect to the several specifications, and then the question of guilty
+ or not guilty of a high misdemeanor, as charged in the article, can also
+ be taken.
+</p>
+<p>
+ The Chief Justice, however, sees no objection to putting the general
+ question on this article in the same manner as on the others; for,
+ whether particular questions be put on the specifications or not, the
+ answer to the final question must be determined by the judgment of the
+ Senate whether or not the facts alleged in the specifications have been
+ sufficiently proved, and whether, if sufficiently proved, they amount
+ to a high misdemeanor within the meaning of the Constitution.
+</p>
+<p>
+ On the whole, therefore, the Chief Justice thinks that the better
+ practice will be to put the general question on each article without
+ attempting to make any subdivision, and will pursue this course if no
+ objection is made. He will, however, be pleased to conform to such
+ directions as the Senate may see fit to give in this respect.
+</p>
+<p>
+ Whereupon it was
+</p>
+<p class="q">
+ <i>Ordered</i>, That the question be put as proposed by the Presiding
+ Officer of the Senate, and each Senator shall rise in his place and
+ answer "guilty" or "not guilty" only.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ SATURDAY, MAY 16, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ The Chief Justice stated that, in pursuance of the order of the Senate,
+ he would first proceed to take the judgment of the Senate on the
+ eleventh article. The roll of the Senate was called, with the following
+ result:
+</p>
+<p>
+ The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+ Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+ Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+ Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+ Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade,
+ Williams, Willey, Wilson, and Yates&mdash;35.
+</p>
+<p>
+ The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+ Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+ Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+ Trumbull, Van Winkle, and Vickers&mdash;19.
+</p>
+<p>
+ The Chief Justice announced that upon this article thirty-five Senators
+ had voted "guilty" and nineteen Senators "not guilty," and declared that
+ two-thirds of the Senators present not having pronounced him guilty,
+ Andrew Johnson, President of the United States, stood acquitted of the
+ charges contained in the eleventh article of impeachment.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ TUESDAY, MAY 26, 1868.
+</p>
+<h4>
+ THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT.
+</h4>
+<p>
+ The Senate ordered that the vote be taken upon the second article of
+ impeachment. The roll of the Senate was called, with the following
+ result:
+</p>
+<p>
+ The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+ Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+ Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+ Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+ Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+ Williams, Wilson, and Yates&mdash;35.
+</p>
+<p>
+ The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+ Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+ Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+ Trumbull, Van Winkle, and Vickers&mdash;19.
+</p>
+<p>
+ The Chief Justice announced that upon this article thirty-five Senators
+ had voted "guilty" and nineteen Senators had voted "not guilty," and
+ declared that two-thirds of the Senators present not having pronounced
+ him guilty, Andrew Johnson, President of the United States, stood
+ acquitted of the charges contained in the second article of impeachment.
+</p>
+<p>
+ The Senate ordered that the vote be taken upon the third article of
+ impeachment. The roll of the Senate was called, with the following
+ result:
+</p>
+<p>
+ The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+ Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+ Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+ Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+ Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+ Williams, Wilson, and Yates&mdash;35.
+</p>
+<p>
+ The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+ Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+ Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+ Trumbull, Van Winkle, and Vickers&mdash;19.
+</p>
+<p>
+ The Chief Justice announced that upon this article thirty-five Senators
+ had voted "guilty" and nineteen Senators had voted "not guilty," and
+ declared that two-thirds of the Senators present not having pronounced
+ him guilty, Andrew Johnson, President of the United States, stood
+ acquitted of the charges contained in the third article.
+</p>
+<p>
+ No objection being made, the secretary, by direction of the Chief
+ Justice, entered the judgment of the Senate upon the second, third,
+ and eleventh articles, as follows:
+</p>
+<p>
+ The Senate having tried Andrew Johnson, President of the United States,
+ upon articles of impeachment exhibited against him by the House of
+ Representatives, and two-thirds of the Senators present not having found
+ him guilty of the charges contained in the second, third, and eleventh
+ articles of impeachment, it is therefore
+</p>
+<p>
+ <i>Ordered and adjudged</i>, That the said Andrew Johnson, President of the
+ United States, be, and he is, acquitted of the charges in said articles
+ made and set forth.
+</p>
+<p>
+ A motion "that the Senate sitting for the trial of the President upon
+ articles of impeachment do now adjourn without day" was adopted by a
+ vote of 34 yeas to 16 nays.
+</p>
+<p>
+ Those who voted in the affirmative are Messrs. Anthony, Cameron,
+ Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds,
+ Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Maine, Morrill
+ of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey,
+ Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade,
+ Willey, Williams, Wilson, and Yates.
+</p>
+<p>
+ Those who voted in the negative are Messrs. Bayard, Buckalew, Davis,
+ Dixon, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery,
+ Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, and Vickers.
+</p>
+<p>
+ The Chief Justice declared the Senate sitting as a court of impeachment
+ for the trial of Andrew Johnson, President of the United States, upon
+ articles of impeachment exhibited against him by the House of
+ Representatives, adjourned without day.
+</p>
+<div style="height: 4em;"><br><br><br><br></div>
+<h2>
+ ADDENDA.
+</h2>
+<p>
+ [An injunction of secrecy having been placed upon the following messages
+ by the Senate, they were not printed in the Executive Journal covering
+ their period, but were found in the imprinted Executive Journal of the
+ Forty-first Congress while searching for copy for Volume VII, and
+ consequently too late for insertion in their proper places in this
+ volume.]
+</p>
+<p class="r">
+ WASHINGTON, <i>January 29, 1869</i>.
+</p>
+<p>
+ <i>To the Senate</i>:
+</p>
+<p>
+ Referring to the three Executive communications of the 15th instant,
+ with which were transmitted to the Senate, respectively, a copy of a
+ convention between the United States and Great Britain upon the subject
+ of claims, a copy of a convention between the same parties in relation
+ to the question of boundary, and a protocol of a treaty between the same
+ parties concerning the rights of naturalized citizens and subjects of
+ the respective parties, I now transmit a copy of such correspondence
+ upon those subjects as has not been heretofore communicated to the
+ Senate.
+</p>
+<p>
+ In the progress of the negotiation the three subjects became to such a
+ degree associated with each other that it would be difficult to present
+ separately the correspondence upon each. The papers are therefore
+ transmitted in the order in which they are mentioned in the accompanying
+ list.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 30, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Referring to the Executive communication of the 15th instant, which
+ was accompanied by a copy of a convention between the United States
+ and Great Britain for the settlement of all outstanding claims, I now
+ transmit to the Senate the original of that instrument, and a report of
+ the Secretary of State pointing out the differences between the copy as
+ submitted to the Senate and the original as signed by the
+ plenipotentiaries.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="r">
+ WASHINGTON, <i>January 30, 1869</i>.
+</p>
+<p>
+ <i>To the Senate of the United States</i>:
+</p>
+<p>
+ Referring to the Executive communication of the 15th instant, which was
+ accompanied by a copy of a convention between the United States and
+ Great Britain providing for the reference to an arbiter of the question
+ of difference between the United States and Great Britain concerning the
+ northwest line of water boundary between the United States and the
+ British possessions in North America, I now transmit to the Senate the
+ original of that instrument, and a report of the Secretary of State
+ pointing out the differences between the copy as submitted to the Senate
+ and the original as signed by the plenipotentiaries.
+</p>
+<p class="r">
+ ANDREW JOHNSON.
+</p>
+<hr class="full">
+<h2>
+ Footnotes
+</h2>
+<a name="note-1"><!--Note--></a>
+<p class="foot">
+<u>1</u> Executive order.
+</p>
+<a name="note-2"><!--Note--></a>
+<p class="foot">
+<u>2</u> Order of Secretary of War.
+</p>
+<a name="note-3"><!--Note--></a>
+<p class="foot">
+<u>3</u> Brevet Brigadier-General James A. Ekin substituted; see
+ Special Orders, No. 216.
+</p>
+<a name="note-4"><!--Note--></a>
+<p class="foot">
+<u>4</u> Brevet Colonel C. H. Tompkins substituted; see Special
+ Orders, No. 216.
+</p>
+<a name="note-5"><!--Note--></a>
+<p class="foot">
+<u>5</u> With the confederated tribes of the Arapahoe and Cheyenne
+ Indians, concluded October 14, 1865; with the Apache, Cheyenne, and
+ Arapahoe tribes, respectively, concluded October 17, 1865; with the
+ several bands of the Comanche tribe, concluded October 18, 1865.
+</p>
+<a name="note-6"><!--Note--></a>
+<p class="foot">
+<u>6</u> Instructing commanders on the southern frontiers within the
+ Department of California "to take the necessary measures to preserve the
+ neutrality of the United States with respect to the parties engaged in
+ the existing war in Mexico, and to suffer no armed parties to pass the
+ frontier from the United States, nor suffer any arms or munitions of war
+ to be sent over the frontier to either belligerent," etc.
+</p>
+<a name="note-7"><!--Note--></a>
+<p class="foot">
+<u>7</u> Addressed to district attorneys and marshals of the United
+ States.
+</p>
+<a name="note-8"><!--Note--></a>
+<p class="foot">
+<u>8</u> Correspondence with Mr. Motley, envoy extraordinary
+ and minister plenipotentiary at Vienna, relative to his reported
+ resignation.
+</p>
+<a name="note-9"><!--Note--></a>
+<p class="foot">
+<u>9</u> Relating to an alleged emigration of citizens of the United
+ States to the dominions of the Sublime Porte for the purpose of settling
+ and acquiring landed property there.
+</p>
+<a name="note-10"><!--Note--></a>
+<p class="foot">
+<u>10</u> Stating that the Department of State has received no
+ information concerning the removal of the Protestant Church or religious
+ assembly meeting at the American embassy from the city of Rome by an
+ order of that Government.
+</p>
+<a name="note-11"><!--Note--></a>
+<p class="foot">
+<u>11</u> Copy of the letter on which the Secretary of State founded
+ his inquiries addressed to Mr. Motley, United States minister at Vienna,
+ with regard to his reported conversation and opinions.
+</p>
+<a name="note-12"><!--Note--></a>
+<p class="foot">
+<u>12</u> Relating to the reported transfer of the United States
+ minister from Stockholm to Bogota.
+</p>
+<a name="note-13"><!--Note--></a>
+<p class="foot">
+<u>13</u> Correspondence relative to the refusal of the United
+ States consul at Cadiz, Spain, to certify invoices of wines shipped
+ from that port, etc.
+</p>
+<a name="note-14"><!--Note--></a>
+<p class="foot">
+<u>14</u> Correspondence with foreign ministers of the United States
+ relative to the policy of the President toward the States lately in
+ rebellion.
+</p>
+<a name="note-15"><!--Note--></a>
+<p class="foot">
+<u>15</u> Correspondence relative to the salary of the United States
+ minister to Portugal.
+</p>
+<a name="note-16"><!--Note--></a>
+<p class="foot">
+<u>16</u> Stating that the correspondence relative to the refusal of
+ the United States consul at Cadiz, Spain, to certify invoices of wines
+ shipped from that port had been sent to the Senate.
+</p>
+<a name="note-17"><!--Note--></a>
+<p class="foot">
+<u>17</u> In 1850.
+</p>
+<a name="note-18"><!--Note--></a>
+<p class="foot">
+<u>18</u> Correspondence since March 4, 1857, touching the claim to
+ military service asserted by France and Prussia in reference to persons
+ born in those countries, but who have since become citizens of the
+ United States.
+</p>
+<a name="note-19"><!--Note--></a>
+<p class="foot">
+<u>19</u> Requesting information "in relation to a removal of the
+ Protestant Church or religious assembly meeting at the American embassy
+ from the city of Rome by an order of that Government."
+</p>
+<a name="note-20"><!--Note--></a>
+<p class="foot">
+<u>20</u> Dispatch from the United States consul at Geneva, with an
+ inclosure, refuting charges against his moral character, etc.
+</p>
+<a name="note-21"><!--Note--></a>
+<p class="foot">
+<u>21</u> Relating to trials in Canada of citizens of the United
+ States for complicity in the Fenian invasion of that country.
+</p>
+<a name="note-22"><!--Note--></a>
+<p class="foot">
+<u>22</u> Relating to the withdrawal of French troops from the
+ Mexican Republic.
+</p>
+<a name="note-23"><!--Note--></a>
+<p class="foot">
+<u>23</u> Relating to the fees of consular agents within the
+ districts of salaried consuls, etc.
+</p>
+<a name="note-24"><!--Note--></a>
+<p class="foot">
+<u>24</u> Relating to the exequatur of the consul of the Grand Duchy
+ of Oldenburg residing at New York.
+</p>
+<a name="note-25"><!--Note--></a>
+<p class="foot">
+<u>25</u> Relating to the absence of Territorial officers from their
+ posts of duty.
+</p>
+<a name="note-26"><!--Note--></a>
+<p class="foot">
+<u>26</u> Relating to the absence of Governor Alexander Cumming from
+ the Territory of Colorado since his appointment as governor.
+</p>
+<a name="note-27"><!--Note--></a>
+<p class="foot">
+<u>27</u> See Executive order of June 20, 1867, pp. 552-556.
+</p>
+<a name="note-28"><!--Note--></a>
+<p class="foot">
+<u>28</u> Pocket veto. Was never sent to Congress, but was deposited
+ in the Department of State.
+</p>
+<a name="note-29"><!--Note--></a>
+<p class="foot">
+<u>29</u> Joint resolution placing certain troops of Missouri on an
+ equal footing with others as to bounties.
+</p>
+<a name="note-30"><!--Note--></a>
+<p class="foot">
+<u>30</u> Relating to the removal of J. Lothrop Motley from his post
+ as minister of the United States at Vienna.
+</p>
+<a name="note-31"><!--Note--></a>
+<p class="foot">
+<u>31</u> Relating to the formation and the functions of the
+ Government of the united States of North Germany.
+</p>
+<a name="note-32"><!--Note--></a>
+<p class="foot">
+<u>32</u> Report of George H. Sharpe relative to the assassination
+ of President Lincoln and the attempted assassination of Secretary
+ Seward.
+</p>
+<a name="note-33"><!--Note--></a>
+<p class="foot">
+<u>33</u> Relating to the removal of Governor Ballard, of the
+ Territory of Idaho.
+</p>
+<a name="note-34"><!--Note--></a>
+<p class="foot">
+<u>34</u> Relating to the famine in Sweden and Norway.
+</p>
+<a name="note-35"><!--Note--></a>
+<p class="foot">
+<u>35</u> See pp. 618-620.
+</p>
+<a name="note-36"><!--Note--></a>
+<p class="foot">
+<u>36</u> See pp. 615-618.
+</p>
+<a name="note-37"><!--Note--></a>
+<p class="foot">
+<u>37</u> See pp. 613-615.
+</p>
+<a name="note-38"><!--Note--></a>
+<p class="foot">
+<u>38</u> See pp. 613-615.
+</p>
+<a name="note-39"><!--Note--></a>
+<p class="foot">
+<u>39</u> See pp. 618-620.
+</p>
+<a name="note-40"><!--Note--></a>
+<p class="foot">
+<u>40</u> See p. 613.
+</p>
+<a name="note-41"><!--Note--></a>
+<p class="foot">
+<u>41</u> See p. 615.
+</p>
+<a name="note-42"><!--Note--></a>
+<p class="foot">
+<u>42</u> See pp. 612-613.
+</p>
+<a name="note-43"><!--Note--></a>
+<p class="foot">
+<u>43</u> See p. 615.
+</p>
+<a name="note-44"><!--Note--></a>
+<p class="foot">
+<u>44</u> See pp. 618-620.
+</p>
+<a name="note-45"><!--Note--></a>
+<p class="foot">
+<u>45</u> See pp. 615-618.
+</p>
+<a name="note-46"><!--Note--></a>
+<p class="foot">
+<u>46</u> See pp. 603-610.
+</p>
+<a name="note-47"><!--Note--></a>
+<p class="foot">
+<u>47</u> See p. 615.
+</p>
+<a name="note-48"><!--Note--></a>
+<p class="foot">
+<u>48</u> See pp. 603-605.
+</p>
+<a name="note-49"><!--Note--></a>
+<p class="foot">
+<u>49</u> See p. 613.
+</p>
+<a name="note-50"><!--Note--></a>
+<p class="foot">
+<u>50</u> See pp. 613-615.
+</p>
+<a name="note-51"><!--Note--></a>
+<p class="foot">
+<u>51</u> See p. 615.
+</p>
+<a name="note-52"><!--Note--></a>
+<p class="foot">
+<u>52</u> See pp. 615-618.
+</p>
+<a name="note-53"><!--Note--></a>
+<p class="foot">
+<u>53</u> See pp. 613-615.
+</p>
+<a name="note-54"><!--Note--></a>
+<p class="foot">
+<u>54</u> Relating to a claim, under the act of Congress of August
+ 18, 1856, of citizens of the United States to guano on Alta Vela, an
+ island in the vicinity of Santo Domingo.
+</p>
+<a name="note-55"><!--Note--></a>
+<p class="foot">
+<u>55</u> Relating to unexpended appropriations for contingent
+ expenses of foreign intercourse; amount remaining on deposit with
+ Baring Brothers &amp; Co. September 30, 1867, etc.
+</p>
+<a name="note-56"><!--Note--></a>
+<p class="foot">
+<u>56</u> Declining to transmit copies of correspondence,
+ negotiations, and treaties with German States since January 1, 1868,
+ relative to the rights of naturalized citizens.
+</p>
+<a name="note-57"><!--Note--></a>
+<p class="foot">
+<u>57</u> Statement of amounts paid for legal services by the
+ Department of State during each year since 1860, with names of persons
+ to whom paid.
+</p>
+<a name="note-58"><!--Note--></a>
+<p class="foot">
+<u>58</u> Report of Elliot C. Cowdin, United States commissioner
+ to the Paris Exposition of 1867, on silk and silk manufactures.
+</p>
+<a name="note-59"><!--Note--></a>
+<p class="foot">
+<u>59</u> Transmitting correspondence pertaining to the convention
+ of February 22, 1868, with the North German Confederation, relative to
+ naturalization.
+</p>
+<a name="note-60"><!--Note--></a>
+<p class="foot">
+<u>60</u> Constitutions of South Carolina and Arkansas.
+</p>
+<a name="note-61"><!--Note--></a>
+<p class="foot">
+<u>61</u> Relating to application for exclusive privileges in
+ connection with hunting, trading, and the fisheries in Alaska.
+</p>
+<a name="note-62"><!--Note--></a>
+<p class="foot">
+<u>62</u> Report of Freeman H. Morse, United States consul at
+ Condon, on "The Foreign Maritime Commerce of the United States: Its
+ Past, Present, and Future," etc.
+</p>
+<a name="note-63"><!--Note--></a>
+<p class="foot">
+<u>63</u> Constitutions of North Carolina and Louisiana.
+</p>
+<a name="note-64"><!--Note--></a>
+<p class="foot">
+<u>64</u> Relating to the detention, at the request of the House
+ of Representatives, of the ironclad monitors <i>Oneoto</i> and <i>Catawba</i>,
+ purchased from the United States by Swift &amp; Co., and supposed to be
+ intended for the Government of Peru, then at war with a power friendly
+ to the United States.
+</p>
+<a name="note-65"><!--Note--></a>
+<p class="foot">
+<u>65</u> Constitution of Georgia.
+</p>
+<a name="note-66"><!--Note--></a>
+<p class="foot">
+<u>66</u> Letter from the president of the constitutional convention
+ of Florida, transmitting a copy of the constitution of that State.
+</p>
+<a name="note-67"><!--Note--></a>
+<p class="foot">
+<u>67</u> Correspondence relative to the act of Congress of March
+ 27, 1867, prohibiting persons in the diplomatic service of the United
+ States from wearing any uniform or official costume not previously
+ authorized by Congress.
+</p>
+<a name="note-68"><!--Note--></a>
+<p class="foot">
+<u>68</u> Petitions of merchants and shipowners of New York and
+ Boston relative to the detention, at the request of the House of
+ Representatives, of the ironclad monitors <i>Oneoto</i> and <i>Calawba</i>,
+ purchased from the United States by Swift &amp; Co., and supposed to be
+ intended for the Government of Peru, then at war with a power friendly
+ to the United States.
+</p>
+<a name="note-69"><!--Note--></a>
+<p class="foot">
+<u>69</u> Relating to absence from his post of the consul at Panama.
+</p>
+<a name="note-70"><!--Note--></a>
+<p class="foot">
+<u>70</u> Relating to the sending of a commissioner from the United
+ States to Spain.
+</p>
+<a name="note-71"><!--Note--></a>
+<p class="foot">
+<u>71</u> Giving reasons why reductions in the number of officers
+ and employees and in the salaries and expenses of the Department of
+ State should not be made.
+</p>
+<a name="note-72"><!--Note--></a>
+<p class="foot">
+<u>72</u> Relating to the exercise or claim by United States consuls
+ in Japan of judicial powers in cases arising between American citizens
+ and citizens or subjects of any foreign nation ether than Japan, etc.
+</p>
+<a name="note-73"><!--Note--></a>
+<p class="foot">
+<u>73</u> Note by the Executive Clerk of the Senate.&mdash;"The
+ communication from the Secretary of the Interior and this report of the
+ Commissioner of Indian Affairs did not accompany the above communication
+ from the president."
+</p>
+<a name="note-74"><!--Note--></a>
+<p class="foot">
+<u>74</u> Relating to buildings occupied in Washington by
+ Departments of the Government.
+</p>
+<a name="note-75"><!--Note--></a>
+<p class="foot">
+<u>75</u> Relating to the claim of William T. Harris, a United
+ States citizen, to property withheld by the Brazilian Government.
+</p>
+<a name="note-76"><!--Note--></a>
+<p class="foot">
+<u>76</u> See letter from the Chief Justice, pp. 718-720.
+</p>
+<hr class="full">
+<div style="height: 4em;"><br><br><br><br></div>
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
+*** END OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+***** This file should be named 12755-h.htm or 12755-h.zip *****
+This and all associated files of various formats will be found in:
+ https://www.gutenberg.org/1/2/7/5/12755/
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties. Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark. Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission. If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy. You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research. They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks. Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+https://gutenberg.org/license).
+
+
+Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A. By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement. If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B. "Project Gutenberg" is a registered trademark. It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement. There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement. See
+paragraph 1.C below. There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works. See paragraph 1.E below.
+
+1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works. Nearly all the individual works in the
+collection are in the public domain in the United States. If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed. Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work. You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D. The copyright laws of the place where you are located also govern
+what you can do with this work. Copyright laws in most countries are in
+a constant state of change. If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work. The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E. Unless you have removed all references to Project Gutenberg:
+
+1.E.1. The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2. If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges. If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3. If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder. Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5. Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6. You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form. However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form. Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7. Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8. You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+ the use of Project Gutenberg-tm works calculated using the method
+ you already use to calculate your applicable taxes. The fee is
+ owed to the owner of the Project Gutenberg-tm trademark, but he
+ has agreed to donate royalties under this paragraph to the
+ Project Gutenberg Literary Archive Foundation. Royalty payments
+ must be paid within 60 days following each date on which you
+ prepare (or are legally required to prepare) your periodic tax
+ returns. Royalty payments should be clearly marked as such and
+ sent to the Project Gutenberg Literary Archive Foundation at the
+ address specified in Section 4, "Information about donations to
+ the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+ you in writing (or by e-mail) within 30 days of receipt that s/he
+ does not agree to the terms of the full Project Gutenberg-tm
+ License. You must require such a user to return or
+ destroy all copies of the works possessed in a physical medium
+ and discontinue all use of and all access to other copies of
+ Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+ money paid for a work or a replacement copy, if a defect in the
+ electronic work is discovered and reported to you within 90 days
+ of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+ distribution of Project Gutenberg-tm works.
+
+1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark. Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1. Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection. Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from. If you
+received the work on a physical medium, you must return the medium with
+your written explanation. The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund. If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund. If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4. Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5. Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law. The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section 2. Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers. It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, is critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come. In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at https://www.pglaf.org.
+
+
+Section 3. Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service. The Foundation's EIN or federal tax identification
+number is 64-6221541. Its 501(c)(3) letter is posted at
+https://pglaf.org/fundraising. Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations. Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org. Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at https://pglaf.org
+
+For additional contact information:
+ Dr. Gregory B. Newby
+ Chief Executive and Director
+ gbnewby@pglaf.org
+
+
+Section 4. Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment. Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States. Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements. We do not solicit donations in locations
+where we have not received written confirmation of compliance. To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit https://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States. U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses. Donations are accepted in a number of other
+ways including including checks, online payments and credit card
+donations. To donate, please visit: https://pglaf.org/donate
+
+
+Section 5. General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart was the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone. For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included. Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+ https://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
+
+
+</pre>
+
+</body>
+</html>
diff --git a/old/12755.txt b/old/12755.txt
new file mode 100644
index 0000000..f937503
--- /dev/null
+++ b/old/12755.txt
@@ -0,0 +1,27114 @@
+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, by James D. Richardson
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Compilation of the Messages and Papers of the Presidents
+ Section 2 (of 2) of Volume 6: Andrew Johnson
+
+Author: James D. Richardson
+
+Release Date: June 28, 2004 [EBook #12755]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+
+
+
+
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+
+
+Andrew Johnson
+
+April 15, 1865, to March 4, 1869
+
+
+
+
+Andrew Johnson
+
+Andrew Johnson was born in Raleigh, N.C., December 29, 1808. His parents
+were very poor. When he was 4 years old his father died of injuries
+received in rescuing a person from drowning. At the age of 10 years
+Andrew was apprenticed to a tailor. His early education was almost
+entirely neglected, and, notwithstanding his natural craving to learn,
+he never spent a day in school. Was taught the alphabet by a
+fellow-workman, borrowed a book, and learned to read. In 1824 removed to
+Laurens Court-House, S.C., where he worked as a journeyman tailor. In
+May, 1826, returned to Raleigh, and in September, with his mother and
+stepfather, set out for Greeneville, Tenn., in a two-wheeled cart drawn
+by a blind pony. Here he married Eliza McCardle, a woman of refinement,
+who taught him to write, and read to him while he was at work during the
+day. It was not until he had been in Congress that he learned to write
+with ease. From Greeneville went to the West, but returned after the
+lapse of a year. In 1828 was elected alderman; was reelected in 1829 and
+1830, and in 1830 was advanced to the mayoralty, which office he held
+for three years. In 1831 was appointed by the county court a trustee
+of Rhea Academy, and about this time participated in the debates of a
+society at Greeneville College. In 1834 advocated the adoption of a new
+State constitution, by which the influence of the large landholders was
+abridged. In 1835 represented Greene and Washington counties in the
+legislature. Was defeated for the legislature in 1837, but in 1839 was
+reelected. In 1836 supported Hugh L. White for the Presidency, and in
+the political altercations between John Bell and James K. Polk, which
+distracted Tennessee at the time, supported the former. Mr. Johnson was
+the only ardent follower of Bell that failed to go over to the Whig
+party. Was an elector for the State at large on the Van Buren ticket in
+1840, and made a State reputation by the force of his oratory. In 1841
+was elected to the State senate from Greene and Hawkins counties, and
+while in that body was one of the "immortal thirteen" Democrats who,
+having it in their power to prevent the election of a Whig Senator, did
+so by refusing to meet the house in joint convention; also proposed that
+the basis of representation should rest upon white votes, without regard
+to the ownership of slaves. Was elected to Congress in 1843 over John A.
+Asken, a United States Bank Democrat, who was supported by the Whigs.
+His first speech was in support of the resolution to restore to General
+Jackson the fine imposed upon him at New Orleans; also supported the
+annexation of Texas. In 1845 was reelected, and supported Polk's
+Administration. Was regularly reelected to Congress until 1853. During
+this period opposed all expenditures for internal improvements that were
+not general; resisted and defeated the proposed contingent tax of 10 per
+cent on tea and coffee; made his celebrated defense of the veto power;
+urged the adoption of the homestead law, which was obnoxious to the
+extreme Southern element of his party; supported the compromise measures
+of 1850 as a matter of expediency, but opposed compromises in general
+as a sacrifice of principle. Was elected governor of Tennessee in 1853
+over Gustavus A. Henry, the "Eagle Orator" of the State. In his message
+to the legislature he dwelt upon the homestead law and other measures
+for the benefit of the working classes, and earned the title of
+the "Mechanic Governor." Opposed the Know-nothing movement with
+characteristic vehemence. Was reelected governor in 1855, defeating
+Meredith P. Gentry, the Whig-American candidate, after a most remarkable
+canvass. The Kansas-Nebraska bill received his earnest support. In 1857
+was elected to the United States Senate, where he urged the passage of
+the homestead bill, and on May 20, 1858, made his greatest speech on
+this subject. Opposed the grant of aid for the construction of a Pacific
+railroad. Was prominent in debate, and frequently clashed with Southern
+supporters of the Administration. His pronounced Unionism estranged him
+from the extremists on the Southern side, while his acceptance of
+slavery as an institution guaranteed by the Constitution caused him
+to hold aloof from the Republicans on the other. At the Democratic
+convention at Charleston, S.C., in 1860 was a candidate for the
+Presidential nomination, but received only the vote of Tennessee, and
+when the convention reassembled in Baltimore withdrew his name. In the
+canvass that followed supported John C. Breckinridge. At the session
+of Congress beginning in December, 1860, took decided and unequivocal
+grounds in opposition to secession, and on December 13 introduced a
+joint resolution proposing to amend the Constitution so as to elect the
+President and Vice-President by district votes, Senators by a direct
+popular vote, and to limit the terms of Federal judges to twelve
+years, the judges to be equally divided between slaveholding and
+non-slaveholding States. In his speech on this resolution, December 18
+and 19, declared his unyielding opposition to secession and announced
+his intention to stand by and act under the Constitution. Retained
+his seat in the Senate until appointed by President Lincoln military
+governor of Tennessee, March 4, 1862. March 12 reached Nashville, and
+organized a provisional government for the State; March 18 issued a
+proclamation in which he appealed to the people to return to their
+allegiance, to uphold the law, and to accept "a full and complete
+amnesty for all past acts and declarations;" April 5 removed the mayor
+and other officials of Nashville for refusing to take the oath of
+allegiance to the United States, and appointed others; urged the holding
+of Union meetings throughout the State, and frequently attended them in
+person; completed the railroad from Nashville to the Tennessee River;
+raised twenty-five regiments for service in the State; December 8, 1862,
+issued a proclamation ordering Congressional elections, and on the 15th
+levied an assessment upon the richer Southern sympathizers "in behalf of
+the many helpless widows, wives, and children in the city of Nashville
+who have been reduced to poverty and wretchedness in consequence of
+their husbands, sons, and fathers having been forced into the armies of
+this unholy and nefarious rebellion." Was nominated for Vice-President
+of the United States at the national Republican convention at Baltimore
+June 8, 1864, and was elected on November 8. In his letter of acceptance
+of the nomination Mr. Johnson virtually disclaimed any departure from
+his principles as a Democrat, but placed his acceptance upon the ground
+of "the higher duty of first preserving the Government." On the night of
+the 14th of April, 1865, President Lincoln was shot by an assassin and
+died the next morning. At 11 o'clock a.m. April 15 Mr. Johnson was sworn
+in as President, at his rooms in the Kirkwood House, Washington, by
+Chief Justice Chase, in the presence of nearly all the Cabinet officers
+and others. April 29, 1865, issued a proclamation for the removal of
+trade restrictions in most of the insurrectionary States, which, being
+in contravention of an act of Congress, was subsequently modified.
+May 9 issued an Executive order restoring Virginia to the Union. May 22
+proclaimed all ports, except four in Texas, opened to foreign commerce
+on July 1, 1865. May 29 issued a general amnesty proclamation, after
+which the fundamental and irreconcilable differences between President
+Johnson and the party that had elevated him to power became more
+apparent. He exercised the veto power to a very great extent, but it was
+generally nullified by the two-thirds votes of both Houses. From May 29
+to July 13, 1865, proclaimed provisional governors for North Carolina,
+Mississippi, Georgia, Texas, Alabama, South Carolina, and Florida, whose
+duties were to reorganize the State governments. The State governments
+were reorganized, but the Republicans claimed that the laws passed were
+so stringent in reference to the negroes that it was a worse form of
+slavery than the old. The thirteenth amendment to the Constitution
+became a law December 18, 1865, with Mr. Johnson's concurrence. The first
+breach between the President and the party in power was the veto of the
+Freedmen's Bureau bill, in February, 1866, which was designed to protect
+the negroes. March 27 vetoed the civil-rights bill, but it was passed
+over his veto. In a message of June 22, 1866, opposed the joint
+resolution proposing the fourteenth amendment to the Constitution. In
+June, 1866, the Republicans in Congress brought forward their plan of
+reconstruction, called the "Congressional plan," in contradistinction
+to that of the President. The chief features of the Congressional plan
+were to give the negroes the right to vote, to protect them in this
+right, and to prevent Confederate leaders from voting. January 5, 1867,
+vetoed the act giving negroes the right of suffrage in the District
+of Columbia, but it was passed over his veto. An attempt was made to
+impeach the President, but it failed. In January, 1867, a bill was
+passed to deprive the President of the power to proclaim general
+amnesty, which he disregarded. Measures were adopted looking to the
+meeting of the Fortieth and all subsequent Congresses immediately after
+the adjournment of the preceding. The President was deprived of the
+command of the Army by a rider to the army appropriation bill, which
+provided that his orders should only be given through the General, who
+was not to be removed without the previous consent of the Senate. The
+bill admitting Nebraska, providing that no law should ever be passed in
+that State denying the right of suffrage to any person because of his
+color or race, was vetoed by the President, but passed over his veto.
+March 2, 1867, vetoed the act to provide for the more efficient
+government of the rebel States, but it was passed over his veto.
+It embodied the Congressional plan of reconstruction, and divided the
+Southern States into five military districts, each under an officer of
+the Army not under the rank of brigadier-general, who was to exercise
+all the functions of government until the citizens had "formed a
+constitution of government in conformity with the Constitution
+of the United States in all respects." On the same day vetoed the
+tenure-of-office act, which was also passed over his veto. It provided
+that civil officers should remain in office until the confirmation of
+their successors; that the members of the Cabinet should be removed
+only with the consent of the Senate, and that when Congress was not in
+session the President could suspend but not remove any official, and in
+case the Senate at the next session should not ratify the suspension the
+suspended official should be reinducted into his office. August 5, 1867,
+requested Edwin M. Stanton to resign his office as Secretary of War.
+Mr. Stanton refused, was suspended, and General Grant was appointed
+Secretary of War _ad interim_. When Congress met, the Senate
+refused to ratify the suspension. General Grant then resigned, and Mr.
+Stanton resumed the duties of his office. The President removed him and
+appointed Lorenzo Thomas, Adjutant-General of the Army, Secretary of War
+_ad interim_. The Senate declared this act illegal, and Mr. Stanton
+refused to comply, and notified the Speaker of the House. On February
+24, 1868, the House of Representatives resolved to impeach the
+President, and on March 2 and 3 articles of impeachment were agreed upon
+by the House of Representatives, and on the 4th were presented to the
+Senate. The trial began on March 30. May 16 the test vote was had;
+thirty-five Senators voted for conviction and nineteen for acquittal. A
+change of one vote would have carried conviction. A verdict of acquittal
+was entered, and the Senate sitting as a court of impeachment adjourned
+_sine die_. After the expiration of his term the ex-President
+returned to Tennessee. Was a candidate for the United States Senate, but
+was defeated. In 1872 was an unsuccessful candidate for Congressman from
+the State at large. In January, 1875, was elected to the United States
+Senate, and took his seat at the extra session of that year. Shortly
+after the session began made a speech which was a skillful but bitter
+attack upon President Grant. While visiting his daughter near
+Elizabethton, in Carter County, Tenn., was stricken with paralysis July
+30, 1875, and died the following day. He was buried at Greeneville, Tenn.
+
+
+
+
+INAUGURAL ADDRESS.
+
+[From the Sunday Morning Chronicle, Washington, April 16, 1865, and
+The Sun, Baltimore, April 17, 1865.]
+
+GENTLEMEN: I must be permitted to say that I have been almost
+overwhelmed by the announcement of the sad event which has so recently
+occurred. I feel incompetent to perform duties so important and
+responsible as those which have been so unexpectedly thrown upon me.
+As to an indication of any policy which may be pursued by me in the
+administration of the Government, I have to say that that must be left
+for development as the Administration progresses. The message or
+declaration must be made by the acts as they transpire. The only
+assurance that I can now give of the future is reference to the past.
+The course which I have taken in the past in connection with this
+rebellion must be regarded as a guaranty of the future. My past public
+life, which has been long and laborious, has been founded, as I in good
+conscience believe, upon a great principle of right, which lies at the
+basis of all things. The best energies of my life have been spent in
+endeavoring to establish and perpetuate the principles of free
+government, and I believe that the Government in passing through its
+present perils will settle down upon principles consonant with popular
+rights more permanent and enduring than heretofore. I must be permitted
+to say, if I understand the feelings of my own heart, that I have long
+labored to ameliorate and elevate the condition of the great mass of the
+American people. Toil and an honest advocacy of the great principles of
+free government have been my lot. Duties have been mine; consequences
+are God's. This has been the foundation of my political creed, and I
+feel that in the end the Government will triumph and that these great
+principles will be permanently established.
+
+In conclusion, gentlemen, let me say that I want your encouragement and
+countenance. I shall ask and rely upon you and others in carrying the
+Government through its present perils. I feel in making this request
+that it will be heartily responded to by you and all other patriots
+and lovers of the rights and interests of a free people.
+
+APRIL 15, 1865.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas, by my direction, the Acting Secretary of State, in a notice to
+the public of the 17th, requested the various religious denominations
+to assemble on the 19th instant, on the occasion of the obsequies of
+Abraham Lincoln, late President of the United States, and to observe the
+same with appropriate ceremonies; but
+
+Whereas our country has become one great house of mourning, where the
+head of the family has been taken away, and believing that a special
+period should be assigned for again humbling ourselves before Almighty
+God, in order that the bereavement may be sanctified to the nation:
+
+Now, therefore, in order to mitigate that grief on earth which can
+only be assuaged by communion with the Father in heaven, and in
+compliance with the wishes of Senators and Representatives in Congress,
+communicated to me by resolutions adopted at the National Capitol,
+I, Andrew Johnson, President of the United States, do hereby appoint
+Thursday, the 25th day of May next, to be observed, wherever in the
+United States the flag of the country may be respected, as a day of
+humiliation and mourning, and I recommend my fellow citizens then to
+assemble in their respective places of worship, there to unite in solemn
+service to Almighty God in memory of the good man who has been removed,
+so that all shall be occupied at the same time in contemplation of his
+virtues and in sorrow for his sudden and violent end.
+
+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, the 25th day of April, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamation of the 25th instant Thursday, the 25th day of
+next month, was recommended as a day for special humiliation and prayer
+in consequence of the assassination of Abraham Lincoln, late President
+of the United States; but
+
+Whereas my attention has since been called to the fact that the day
+aforesaid is sacred to large numbers of Christians as one of rejoicing
+for the ascension of the Savior:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby suggest that the religious services recommended
+as aforesaid should be postponed until Thursday, the 1st day of June
+next.
+
+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 29th day of April, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it appears from evidence in the Bureau of Military Justice that
+the atrocious murder of the late President, Abraham Lincoln, and the
+attempted assassination of the Hon. William H. Seward, Secretary of
+State, were incited, concerted, and procured by and between Jefferson
+Davis, late of Richmond, Va., and Jacob Thompson, Clement C. Clay,
+Beverley Tucker, George N. Sanders, William C. Cleary, and other rebels
+and traitors against the Government of the United States harbored in
+Canada:
+
+Now, therefore, to the end that justice may be done, I, Andrew Johnson,
+President of the United States, do offer and promise for the arrest of
+said persons, or either of them, within the limits of the United States,
+so that they can be brought to trial, the following rewards:
+
+One hundred thousand dollars for the arrest of Jefferson Davis.
+
+Twenty-five thousand dollars for the arrest of Clement C. Clay.
+
+Twenty-five thousand dollars for the arrest of Jacob Thompson, late of
+Mississippi.
+
+Twenty-five thousand dollars for the arrest of George N. Sanders.
+
+Twenty-five thousand dollars for the arrest of Beverley Tucker.
+
+Ten thousand dollars for the arrest of William C. Cleary, late clerk of
+Clement C. Clay.
+
+The Provost-Marshal-General of the United States is directed to cause
+a description of said persons, with notice of the above rewards, to be
+published.
+
+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 2d day of May, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States, by his proclamation of the
+19th day of April, 1861, did declare certain States therein mentioned in
+insurrection against the Government of the United States; and
+
+Whereas armed resistance to the authority of this Government in the said
+insurrectionary States may be regarded as virtually at an end, and the
+persons by whom that resistance, as well as the operations of insurgent
+cruisers, was directed are fugitives or captives; and
+
+Whereas it is understood that some of those cruisers are still infesting
+the high seas and others are preparing to capture, burn, and destroy
+vessels of the United States:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, hereby enjoin all naval, military, and civil officers of
+the United States diligently to endeavor, by all lawful means, to arrest
+the said cruisers and to bring them into a port of the United States, in
+order that they may be prevented from committing further depredations on
+commerce and that the persons on board of them may no longer enjoy
+impunity for their crimes.
+
+And I do further proclaim and declare that if, after a reasonable time
+shall have elapsed for this proclamation to become known in the ports of
+nations claiming to have been neutrals, the said insurgent cruisers and
+the persons on board of them shall continue to receive hospitality in
+the said ports, this Government will deem itself justified in refusing
+hospitality to the public vessels of such nations in ports of the United
+States and in adopting such other measures as may be deemed advisable
+toward vindicating the national sovereignty.
+
+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 May, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamation of the President of the 11th day of April
+last certain ports of the United States therein specified, which had
+previously been subject to blockade, were, for objects of public safety,
+declared, in conformity with previous special legislation of Congress,
+to be closed against foreign commerce during the national will, to be
+thereafter expressed and made known by the President; and
+
+Whereas events and circumstances have since occurred which, in my
+judgment, render it expedient to remove that restriction, except as to
+the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel), and
+Brownsville, in the State of Texas:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that the ports aforesaid, not excepted
+as above, shall be open to foreign commerce from and after the 1st day
+of July next; that commercial intercourse with the said ports may from
+that time be carried on, subject to the laws of the United States and in
+pursuance of such regulations as may be prescribed by the Secretary of
+the Treasury. If, however, any vessel from a foreign port shall enter
+any of the before-named excepted ports in the State of Texas, she will
+continue to be held liable to the penalties prescribed by the act of
+Congress approved on the 13th day of July, 1861, and the persons on
+board of her to such penalties as may be incurred, pursuant to the laws
+of war, for trading or attempting to trade with an enemy.
+
+And I, Andrew Johnson, President of the United States, do hereby declare
+and make known that the United States of America do henceforth disallow
+to all persons trading or attempting to trade in any ports of the United
+States in violation of the laws thereof all pretense of belligerent
+rights and privileges; and I give notice that from the date of this
+proclamation all such offenders will be held and dealt with as pirates.
+
+It is also ordered that all restrictions upon trade heretofore imposed
+in the territory of the United States east of the Mississippi River,
+save those relating to contraband of war, to the reservation of the
+rights of the United States to property purchased in the territory of an
+enemy, and to the 25 per cent upon purchases of cotton be removed. All
+provisions of the internal-revenue law will be carried into effect under
+the proper officers.
+
+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 May, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States, on the 8th day of December,
+A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the object
+to suppress the existing rebellion, to induce all persons to return to
+their loyalty, and to restore the authority of the United States, issue
+proclamations offering amnesty and pardon to certain persons who had,
+directly or by implication, participated in the said rebellion; and
+
+Whereas many persons who had so engaged in said rebellion have, since
+the issuance of said proclamations, failed or neglected to take the
+benefits offered thereby; and
+
+Whereas many persons who have been justly deprived of all claim to
+amnesty and pardon thereunder by reason of their participation, directly
+or by implication, in said rebellion and continued hostility to the
+Government of the United States since the date of said proclamations now
+desire to apply for and obtain amnesty and pardon.
+
+To the end, therefore, that the authority of the Government of the
+United States may be restored and that peace, order, and freedom may
+be established, I, Andrew Johnson, President of the United States,
+do proclaim and declare that I hereby grant to all persons who have,
+directly or indirectly, participated in the existing rebellion, except
+as hereinafter excepted, amnesty and pardon, with restoration of all
+rights of property, except as to slaves and except in cases where legal
+proceedings under the laws of the United States providing for the
+confiscation of property of persons engaged in rebellion have been
+instituted; but upon the condition, nevertheless, that every such person
+shall take and subscribe the following oath (or affirmation) and
+thenceforward keep and maintain said oath inviolate, and which oath
+shall be registered for permanent preservation and shall be of the tenor
+and effect following, to wit:
+
+ I ---- ---- do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the
+ existing rebellion with reference to the emancipation of slaves.
+ So help me God.
+
+
+The following classes of persons are excepted from the benefits of this
+proclamation:
+
+First. All who are or shall have been pretended civil or diplomatic
+officers or otherwise domestic or foreign agents of the pretended
+Confederate government.
+
+Second. All who left judicial stations under the United States to aid
+the rebellion.
+
+Third. All who shall have been military or naval officers of said
+pretended Confederate government above the rank of colonel in the army
+or lieutenant in the navy.
+
+Fourth. All who left seats in the Congress of the United States to aid
+the rebellion.
+
+Fifth. All who resigned or tendered resignations of their commissions in
+the Army or Navy of the United States to evade duty in resisting the
+rebellion.
+
+Sixth. All who have engaged in any way in treating otherwise than
+lawfully as prisoners of war persons found in the United States service
+as officers, soldiers, seamen, or in other capacities.
+
+Seventh. All persons who have been or are absentees from the United
+States for the purpose of aiding the rebellion.
+
+Eighth. All military and naval officers in the rebel service who were
+educated by the Government in the Military Academy at West Point or the
+United States Naval Academy.
+
+Ninth. All persons who held the pretended offices of governors of States
+in insurrection against the United States.
+
+Tenth. All persons who left their homes within the jurisdiction and
+protection of the United States and passed beyond the Federal military
+lines into the pretended Confederate States for the purpose of aiding
+the rebellion.
+
+Eleventh. All persons who have been engaged in the destruction of the
+commerce of the United States upon the high seas and all persons who
+have made raids into the United States from Canada or been engaged in
+destroying the commerce of the United States upon the lakes and rivers
+that separate the British Provinces from the United States.
+
+Twelfth. All persons who, at the time when they seek to obtain the
+benefits hereof by taking the oath herein prescribed, are in military,
+naval, or civil confinement or custody, or under bonds of the civil,
+military, or naval authorities or agents of the United States as
+prisoners of war, or persons detained for offenses of any kind, either
+before or after conviction.
+
+Thirteenth. All persons who have voluntarily participated in said
+rebellion and the estimated value of whose taxable property is over
+$20,000.
+
+Fourteenth. All persons who have taken the oath of amnesty as prescribed
+in the President's proclamation of December 8, A.D. 1863, or an oath of
+allegiance to the Government of the United States since the date of said
+proclamation and who have not thenceforward kept and maintained the same
+inviolate.
+
+_Provided_, That special application may be made to the President
+for pardon by any person belonging to the excepted classes, and such
+clemency will be liberally extended as may be consistent with the facts
+of the case and the peace and dignity of the United States.
+
+The Secretary of State will establish rules and regulations for
+administering and recording the said amnesty oath, so as to insure its
+benefit to the people and guard the Government against fraud.
+
+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, the 29th day of May, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of North
+Carolina of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of North Carolina in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint William W. Holden provisional governor of the State of North
+Carolina, whose duty it shall be, at the earliest practicable period, to
+prescribe such rules and regulations as may be necessary and proper for
+convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of North Carolina to restore said State to its constitutional
+relations to the Federal Government and to present such a republican
+form of State government as will entitle the State to the guaranty of
+the United States therefor and its people to protection by the United
+States against invasion, insurrection, and domestic violence:
+_Provided_, That in any election that may be hereafter held for
+choosing delegates to any State convention as aforesaid no person shall
+be qualified as an elector or shall be eligible as a member of such
+convention unless he shall have previously taken and subscribed the oath
+of amnesty as set forth in the President's proclamation of May 29, A.D.
+1865, and is a voter qualified as prescribed by the constitution and
+laws of the State of North Carolina in force immediately before the 20th
+day of May, A.D. 1861, the date of the so-called ordinance of secession;
+and the said convention, when convened, or the legislature that may be
+thereafter assembled, will prescribe the qualification of electors and
+the eligibility of persons to hold office under the constitution and
+laws of the State--a power the people of the several States composing
+the Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which North
+Carolina is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 29th day of May, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Mississippi of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Mississippi in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do
+hereby appoint William L. Sharkey, of Mississippi, provisional governor
+of the State of Mississippi, whose duty it shall be, at the earliest
+practicable period, to prescribe such rules and regulations as may be
+necessary and proper for convening a convention composed of delegates
+to be chosen by that portion of the people of said State who are loyal
+to the United States, and no others, for the purpose of altering or
+amending the constitution thereof, and with authority to exercise within
+the limits of said State all the powers necessary and proper to enable
+such loyal people of the State of Mississippi to restore said State to
+its constitutional relations to the Federal Government and to present
+such a republican form of State government as will entitle the State to
+the guaranty of the United States therefor and its people to protection
+by the United States against invasion, insurrection, and domestic
+violence: _Provided_, That in any election that may be hereafter
+held for choosing delegates to any State convention as aforesaid no
+person shall be qualified as an elector or shall be eligible as a member
+of such convention unless he shall have previously taken and subscribed
+the oath of amnesty as set forth in the President's proclamation of
+May 29, A.D. 1865, and is a voter qualified as prescribed by the
+constitution and laws of the State of Mississippi in force immediately
+before the 9th of January, A.D. 1861, the date of the so-called
+ordinance of secession; and the said convention, when convened, or
+the legislature that may be thereafter assembled, will prescribe the
+qualification of electors and the eligibility of persons to hold office
+under the constitution and laws of the State--a power the people of the
+several States composing the Federal Union have rightfully exercised
+from the origin of the Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Mississippi is included proceed to hold courts within said State
+in accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+[SEAL.]
+
+In testimony 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 13th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamation[1] of the 29th of April, 1865, all
+restrictions upon internal, domestic, and commercial intercourse,
+with certain exceptions therein specified and set forth, were removed
+"in such parts of the States of Tennessee, Virginia, North Carolina,
+South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+Louisiana as lies east of the Mississippi River as shall be embraced
+within the lines of national military occupation;" and
+
+[Footnote 1: Executive order.]
+
+Whereas by my proclamation of the 22d of May, 1865, for reasons therein
+given, it was declared that certain ports of the United States which had
+been previously closed against foreign commerce should, with certain
+specified exceptions, be reopened to such commerce on and after the
+1st day of July next, subject to the laws of the United States, and in
+pursuance of such regulations as might be prescribed by the Secretary
+of the Treasury; and
+
+Whereas I am satisfactorily informed that dangerous combinations against
+the laws of the United States no longer exist within the State of
+Tennessee; that the insurrection heretofore existing within said State
+has been suppressed; that within the boundaries thereof the authority of
+the United States is undisputed, and that such officers of the United
+States as have been duly commissioned are in the undisturbed exercise of
+their official functions:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that all restrictions upon internal,
+domestic, and coastwise intercourse and trade and upon the removal of
+products of States heretofore declared in insurrection, reserving and
+excepting only those relating to contraband of war, as hereinafter
+recited, and also those which relate to the reservation of the rights
+of the United States to property purchased in the territory of an enemy
+heretofore imposed in the territory of the United States east of the
+Mississippi River, are annulled, and I do hereby direct that they be
+forthwith removed; and that on and after the 1st day of July next all
+restrictions upon foreign commerce with said ports, with the exception
+and reservation aforesaid, be likewise removed; and that the commerce of
+said States shall be conducted under the supervision of the regularly
+appointed officers of the customs provided by law, and such officers of
+the customs shall receive any captured and abandoned property that may
+be turned over to them under the law by the military or naval forces of
+the United States and dispose of such property as shall be directed by
+the Secretary of the Treasury. The following articles, contraband of
+war, are excepted from the effect of this proclamation: Arms,
+ammunition, all articles from which ammunition is made, and gray
+uniforms and cloth.
+
+And I hereby also proclaim and declare that the insurrection, so far as
+it relates to and within the State of Tennessee and the inhabitants of
+the said State of Tennessee as reorganized and constituted under their
+recently adopted constitution and reorganization and accepted by them,
+is suppressed, and therefore, also, that all the disabilities and
+disqualifications attaching to said State and the inhabitants thereof
+consequent upon any proclamation issued by virtue of the fifth section
+of the act entitled "An act further to provide for the collection of
+duties on imports and for other purposes," approved the 13th day of
+July, 1861, are removed.
+
+But nothing herein contained shall be considered or construed as in any
+wise changing or impairing any of the penalties and forfeitures for
+treason heretofore incurred under the laws of the United States or any
+of the provisions, restrictions, or disabilities set forth in my
+proclamation bearing date the 29th day of May, 1865, or as impairing
+existing regulations for the suspension of the _habeas corpus_ and
+the exercise of military law in cases where it shall be necessary for
+the general public safety and welfare during the existing insurrection;
+nor shall this proclamation affect or in any way impair any laws
+heretofore passed by Congress and duly approved by the President or any
+proclamations or orders issued by him during the aforesaid insurrection
+abolishing slavery or in any way affecting the relations of slavery,
+whether of persons or property; but, on the contrary, all such laws and
+proclamations heretofore made or issued are expressly saved and declared
+to be in full force and virtue.
+
+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 13th day of June, A.D. 1865, and
+of the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Georgia of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Georgia in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint James Johnson, of Georgia, provisional governor of the State of
+Georgia, whose duty it shall be, at the earliest practicable period,
+to prescribe such rules and regulations as may be necessary and proper
+for convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Georgia to restore said State to its constitutional relations
+to the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Georgia in force immediately before the 19th of January, A.D. 1861,
+the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws
+of the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Georgia is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 17th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution
+made Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of Texas
+of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of the State of Texas in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Andrew J. Hamilton, of Texas, provisional governor of the State
+of Texas, whose duty it shall be, at the earliest practicable period, to
+prescribe such rules and regulations as may be necessary and proper for
+convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Texas to restore said State to its constitutional relations to
+the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Texas in force immediately before the 1st day of February, A.D. 1861,
+the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which Texas
+is included proceed to hold courts within said State in accordance with
+the provisions of the act of Congress. The Attorney-General will
+instruct the proper officers to libel and bring to judgment,
+confiscation, and sale property subject to confiscation and enforce the
+administration of justice within said State in all matters within the
+cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 17th day of June, A.D. 1865, and of
+the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Alabama of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Alabama in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Lewis E. Parsons, of Alabama, provisional governor of the State
+of Alabama, whose duty it shall be, at the earliest practicable period,
+to prescribe such rules and regulations as may be necessary and proper
+for convening a convention composed of delegates to be chosen by that
+portion of the people of said State who are loyal to the United States,
+and no others, for the purpose of altering or amending the constitution
+thereof, and with authority to exercise within the limits of said State
+all the powers necessary and proper to enable such loyal people of the
+State of Alabama to restore said State to its constitutional relations
+to the Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Alabama in force immediately before the 11th day of January, A.D.
+1861, the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State, a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Alabama is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 21st day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamations of the President of the 19th and 27th of
+April, 1861, a blockade of certain ports of the United States was set on
+foot; but
+
+Whereas the reasons for that measure have ceased to exist:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare and proclaim the blockade aforesaid to
+be rescinded as to all the ports aforesaid, including that of Galveston
+and other ports west of the Mississippi River, which ports will be open
+to foreign commerce on the 1st of July next on the terms and conditions
+set forth in my proclamation of the 22d of May last.
+
+It is to be understood, however, that the blockade thus rescinded was an
+international measure for the purpose of protecting the sovereign rights
+of the United States. The greater or less subversion of civil authority
+in the region to which it applied and the impracticability of at once
+restoring that in due efficiency may for a season make it advisable to
+employ the Army and Navy of the United States toward carrying the laws
+into effect wherever such employment may be necessary.
+
+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 23d day of June, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas it has been the desire of the General Government of the United
+States to restore unrestricted commercial intercourse between and in the
+several States as soon as the same could be safely done in view of
+resistance to the authority of the United States by combinations of
+armed insurgents; and
+
+Whereas that desire has been shown in my proclamations of the 29th of
+April, 1865, the 13th of June, 1865, and the 23d of June, 1865; and
+
+Whereas it now seems expedient and proper to remove restrictions upon
+internal, domestic, and coastwise trade and commercial intercourse
+between and within the States and Territories west of the Mississippi
+River:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare that all restrictions upon internal,
+domestic, and coastwise intercourse and trade and upon the purchase and
+removal of products of States and parts of States and Territories
+heretofore declared in insurrection, lying west of the Mississippi River
+(excepting only those relating to property heretofore purchased by the
+agents or captured by or surrendered to the forces of the United States
+and to the transportation thereto or therein on private account of arms,
+ammunition, all articles from which ammunition is made, gray uniforms,
+and gray cloth), are annulled; and I do hereby direct that they be
+forthwith removed, and also that the commerce of such States and parts
+of States shall be conducted under the supervision of the regularly
+appointed officers of the customs, [who] shall receive any captured and
+abandoned property that may be turned over to them under the law by the
+military or naval forces of the United States and dispose of the same in
+accordance with instructions on the subject issued by the Secretary of
+the Treasury.
+
+In testimony 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 24th day of June, A.D. 1865, and of
+the Independence of the United States of America the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United States shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of South
+Carolina of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of South Carolina in
+securing them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint Benjamin F. Perry, of South Carolina, provisional governor of
+the State of South Carolina, whose duty it shall be, at the earliest
+practicable period, to prescribe such rules and regulations as may be
+necessary and proper for convening a convention composed of delegates
+to be chosen by that portion of the people of said State who are loyal
+to the United States, and no others, for the purpose of altering or
+amending the constitution thereof, and with authority to exercise within
+the limits of said State all the powers necessary and proper to enable
+such loyal people of the State of South Carolina to restore said State
+to its constitutional relations to the Federal Government and to present
+such a republican form of State government as will entitle the State to
+the guaranty of the United States therefor and its people to protection
+by the United States against invasion, insurrection, and domestic
+violence: _Provided_, That in any election that may be hereafter
+held for choosing delegates to any State convention as aforesaid no
+person shall be qualified as an elector or shall be eligible as a member
+of such convention unless he shall have previously taken and subscribed
+the oath of amnesty as set forth in the President's proclamation
+of May 29, A.D. 1865, and is a voter qualified as prescribed by
+the constitution and laws of the State of South Carolina in force
+immediately before the 17th day of November, A.D. 1860, the date of
+the so-called ordinance of secession; and the said convention, when
+convened, or the legislature that may be thereafter assembled, will
+prescribe the qualification of electors and the eligibility of persons
+to hold office under the constitution and laws of the State--a power the
+people of the several States composing the Federal Union have rightfully
+exercised from the origin of the Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws
+of the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+South Carolina is included proceed to hold courts within said
+State in accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+[SEAL.]
+
+In testimony 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 30th day of June, A.D. 1865, and
+of the Independence of the United States the eighty-ninth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the fourth section of the fourth article of the Constitution of
+the United States declares that the United Stales shall guarantee to
+every State in the Union a republican form of government and shall
+protect each of them against invasion and domestic violence; and
+
+Whereas the President of the United States is by the Constitution made
+Commander in Chief of the Army and Navy, as well as chief civil
+executive officer of the United States, and is bound by solemn oath
+faithfully to execute the office of President of the United States and
+to take care that the laws be faithfully executed; and
+
+Whereas the rebellion which has been waged by a portion of the people of
+the United States against the properly constituted authorities of the
+Government thereof in the most violent and revolting form, but whose
+organized and armed forces have now been almost entirely overcome, has
+in its revolutionary progress deprived the people of the State of
+Florida of all civil government; and
+
+Whereas it becomes necessary and proper to carry out and enforce the
+obligations of the United States to the people of Florida in securing
+them in the enjoyment of a republican form of government:
+
+Now, therefore, in obedience to the high and solemn duties imposed upon
+me by the Constitution of the United States and for the purpose of
+enabling the loyal people of said State to organize a State government
+whereby justice may be established, domestic tranquillity insured, and
+loyal citizens protected in all their rights of life, liberty, and
+property, I, Andrew Johnson, President of the United States and
+Commander in Chief of the Army and Navy of the United States, do hereby
+appoint William Marvin provisional governor of the State of Florida,
+whose duty it shall be, at the earliest practicable period, to prescribe
+such rules and regulations as may be necessary and proper for convening
+a convention composed of delegates to be chosen by that portion of the
+people of said State who are loyal to the United States, and no others,
+for the purpose of altering or amending the constitution thereof, and
+with authority to exercise within the limits of said State all the
+powers necessary and proper to enable such loyal people of the State of
+Florida to restore said State to its constitutional relations to the
+Federal Government and to present such a republican form of State
+government as will entitle the State to the guaranty of the United
+States therefor and its people to protection by the United States
+against invasion, insurrection, and domestic violence: _Provided_,
+That in any election that may be hereafter held for choosing delegates
+to any State convention as aforesaid no person shall be qualified as an
+elector or shall be eligible as a member of such convention unless he
+shall have previously taken and subscribed the oath of amnesty as set
+forth in the President's proclamation of May 29, A.D. 1865, and is a
+voter qualified as prescribed by the constitution and laws of the State
+of Florida in force immediately before the 10th day of January, A.D.
+1861, the date of the so-called ordinance of secession; and the said
+convention, when convened, or the legislature that may be thereafter
+assembled, will prescribe the qualification of electors and the
+eligibility of persons to hold office under the constitution and laws of
+the State--a power the people of the several States composing the
+Federal Union have rightfully exercised from the origin of the
+Government to the present time.
+
+And I do hereby direct--
+
+First. That the military commander of the department and all officers
+and persons in the military and naval service aid and assist the said
+provisional governor in carrying into effect this proclamation; and they
+are enjoined to abstain from in any way hindering, impeding, or
+discouraging the loyal people from the organization of a State
+government as herein authorized.
+
+Second. That the Secretary of State proceed to put in force all laws of
+the United States the administration whereof belongs to the State
+Department applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed to nominate for
+appointment assessors of taxes and collectors of customs and internal
+revenue and such other officers of the Treasury Department as are
+authorized by law and put in execution the revenue laws of the United
+States within the geographical limits aforesaid. In making appointments
+the preference shall be given to qualified loyal persons residing within
+the districts where their respective duties are to be performed; but if
+suitable residents of the districts shall not be found, then persons
+residing in other States or districts shall be appointed.
+
+Fourth. That the Postmaster-General proceed to establish post-offices
+and post routes and put into execution the postal laws of the United
+States within the said State, giving to loyal residents the preference
+of appointment; but if suitable residents are not found, then to appoint
+agents, etc., from other States.
+
+Fifth. That the district judge for the judicial district in which
+Florida is included proceed to hold courts within said State in
+accordance with the provisions of the act of Congress. The
+Attorney-General will instruct the proper officers to libel and bring to
+judgment, confiscation, and sale property subject to confiscation and
+enforce the administration of justice within said State in all matters
+within the cognizance and jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of the Navy take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Seventh. That the Secretary of the Interior put in force the laws
+relating to the Interior Department applicable to the geographical
+limits aforesaid.
+
+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 13th day of July, A.D. 1865, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by my proclamations of the 13th and 24th of June, 1865, removing
+restrictions, in part, upon internal, domestic, and coastwise
+intercourse and trade with those States recently declared in
+insurrection, certain articles were excepted from the effect of said
+proclamations as contraband of war; and
+
+Whereas the necessity for restricting trade in said articles has now in
+a great measure ceased:
+
+It is hereby ordered that on and after the 1st day of September, 1865.
+all restrictions aforesaid be removed, so that the articles declared by
+the said proclamations to be contraband of war may be imported into and
+sold in said States, subject only to such regulations as the Secretary
+of the Treasury may prescribe.
+
+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 20th day of August, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by a proclamation of the 5th day of July, 1864, the President of
+the United States, when the civil war was flagrant and when combinations
+were in progress in Kentucky for the purpose of inciting insurgent raids
+into that State, directed that the proclamation suspending the privilege
+of the writ of _habeas corpus_ should be made effectual in Kentucky
+and that martial law should be established there and continue until said
+proclamation should be revoked or modified; and
+
+Whereas since then the danger from insurgent raids into Kentucky has
+substantially passed away:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, by virtue of the authority vested in me by the
+Constitution, do hereby declare that the said proclamation of the 5th
+day of July, 1864, shall be, and is hereby, modified in so far that
+martial law shall be no longer in force in Kentucky from and after the
+date hereof.
+
+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 12th day of October, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has pleased Almighty God during the year which is now coming
+to an end to relieve our beloved country from the fearful scourge of
+civil war and to permit us to secure the blessings of peace, unity, and
+harmony, with a great enlargement of civil liberty; and
+
+Whereas our Heavenly Father has also during the year graciously averted
+from us the calamities of foreign war, pestilence, and famine, while our
+granaries are full of the fruits of an abundant season; and
+
+Whereas righteousness exalteth a nation, while sin is a reproach to any
+people:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby recommend to the people thereof that they do
+set apart and observe the first Thursday of December next as a day of
+national thanksgiving to the Creator of the Universe for these great
+deliverances and blessings.
+
+And I do further recommend that on that occasion the whole people make
+confession of our national sins against His infinite goodness, and with
+one heart and one mind implore the divine guidance in the ways of
+national virtue and holiness.
+
+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 28th day of October, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by the proclamation of the President of the United States of the
+15th day of September, 1863, the privilege of the writ of _habeas
+corpus_ was, in certain cases therein set forth, suspended throughout
+the United States; and
+
+Whereas the reasons for that suspension may be regarded as having ceased
+in some of the States and Territories:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby proclaim and declare that the suspension
+aforesaid and all other proclamations and orders suspending the
+privilege of the writ of _habeas corpus_ in the States and
+Territories of the United States are revoked and annulled, excepting as
+to the States of Virginia, Kentucky, Tennessee, North Carolina, South
+Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas,
+and Texas, the District of Columbia, and the Territories of New Mexico
+and Arizona.
+
+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 December, A.D. 1865, and
+of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+EXECUTIVE CHAMBER,
+
+_Washington, April 29, 1865_.
+
+Being desirous to relieve all loyal citizens and well-disposed persons
+residing in insurrectionary States from unnecessary commercial
+restrictions and to encourage them to return to peaceful pursuits--
+
+_It is hereby ordered_, I. That all restrictions upon internal,
+domestic, and coastwise commercial intercourse be discontinued in such
+parts of the States of Tennessee, Virginia, North Carolina, South
+Carolina, Georgia, Florida, Alabama, Mississippi, and so much of
+Louisiana as lies east of the Mississippi River as shall be embraced
+within the lines of national military occupation, excepting only such
+restrictions as are imposed by acts of Congress and regulations in
+pursuance thereof prescribed by the Secretary of the Treasury and
+approved by the President, and excepting also from the effect of this
+order the following articles contraband of war, to wit: Arms,
+ammunition, all articles from which ammunition is manufactured, gray
+uniforms and cloth, locomotives, cars, railroad iron, and machinery for
+operating railroads, telegraph wires, insulators, and instruments for
+operating telegraphic lines.
+
+II. That all existing military and naval orders in any manner
+restricting internal, domestic, and coastwise commercial intercourse and
+trade with or in the localities above named be, and the same are hereby,
+revoked, and that no military or naval officer in any manner interrupt
+or interfere with the same, or with any boats or other vessels engaged
+therein under proper authority, pursuant to the regulations of the
+Secretary of the Treasury.
+
+ANDREW JOHNSON.
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, April 29, 1865_.
+
+The Executive order of January 20, 1865, prohibiting the exportation of
+hay, is rescinded from and after the 1st day of May, 1865.
+
+By order of the President:
+
+EDWIN M STANTON.
+
+_Secretary of War_.
+
+
+
+EXECUTIVE CHAMBER,
+
+_Washington City, May 1, 1865_.
+
+Whereas the Attorney-General of the United States hath given his opinion
+that the persons implicated in the murder of the late President, Abraham
+Lincoln, and the attempted assassination of the Hon. William H. Seward,
+Secretary of State, and in an alleged conspiracy to assassinate other
+officers of the Federal Government at Washington City, and their aiders
+and abettors, are subject to the jurisdiction of and lawfully triable
+before a military commission--
+
+_It is ordered_:
+
+First. That the assistant adjutant-general detail nine competent
+military officers to serve as a commission for the trial of said
+parties, and that the Judge-Advocate-General proceed to prefer charges
+against said parties for their alleged offenses and bring them to trial
+before said military commission; that said trial or trials be conducted
+by the said Judge-Advocate-General, and as recorder thereof, in person,
+aided by such assistant or special judge-advocate as he may designate,
+and that said trials be conducted with all diligence consistent with the
+ends of justice; the said commission to sit without regard to hours.
+
+Second. That Brevet Major-General Hartranft be assigned to duty as
+special provost-marshal-general for the purpose of said trial, and
+attendance upon said commission, and the execution of its mandates.
+
+Third. That the said commission establish such order or rules of
+proceeding as may avoid unnecessary delay and conduce to the ends of
+public justice.
+
+ANDREW JOHNSON.
+
+Official copy:
+
+W.A. NICHOLS,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+
+_Washington, D.C., May 3, 1865_.
+
+Order Rescinding Regulations Prohibiting the Exportation of Arms,
+Ammunition, Horses, Mules, and Live Stock.
+
+The Executive order of November 21, 1862, prohibiting the exportation of
+arms and ammunition from the United States, and the Executive order of
+May 13, 1863,[2] prohibiting the exportation of horses, mules, and live
+stock, being no longer required by public necessities, the aforesaid
+orders are hereby rescinded and annulled.
+
+By order of the President of the United States:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+[Footnote 2: Order of Secretary of War.]
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, May 4, 1865_.
+
+This being the day of the funeral of the late President, Abraham
+Lincoln, at Springfield, Ill., the Executive Office and the various
+Departments will be closed at 12 m. to-day.
+
+ANDREW JOHNSON,
+
+_President of the United States_.
+
+
+
+SPECIAL ORDERS, No. 211.
+
+
+WAR DEPARTMENT,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, May 6, 1865_.
+
+ * * * * *
+
+4. A military commission is hereby appointed to meet at Washington,
+D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon
+thereafter as practicable, for the trial of David E. Herold, George A.
+Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may
+be brought before it, implicated in the murder of the late President,
+Abraham Lincoln, and the attempted assassination of the Hon. William H.
+Seward, Secretary of State, and in an alleged conspiracy to assassinate
+other officers of the Federal Government at Washington City, and their
+aiders and abettors.
+
+_Detail for the court_.
+
+ Major-General David Hunter, United States Volunteers.
+ Major-General Lewis Wallace, United States Volunteers.
+ Brevet Major-General August V. Kautz, United States Volunteers.
+ Brigadier-General Albion P. Howe, United States Volunteers.
+ Brigadier-General Robert S. Foster, United States Volunteers.
+ Brevet Brigadier-General Cyrus B. Comstock,[A] United States Volunteers.
+ Brigadier-General T.M. Harris, United States Volunteers.
+ Brevet Colonel Horace Porter,[B] aid-de-camp.
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
+ Brigadier-General Joseph Holt, Judge-Advocate-General, United States
+ Army, is appointed the judge-advocate and recorder of the commission,
+ to be aided by such assistant or special judge-advocate as he may
+ designate.
+
+
+The commission will sit without regard to hours.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+[Footnote 3: Brevet Brigadier-General James A. Ekin substituted; see
+Special Orders, No. 216.]
+
+[Footnote 4: Brevet Colonel C. H. Tompkins substituted; see Special
+Orders, No. 216.]
+
+
+
+WAR DEPARTMENT, _Washington City, May 7, 1865_.
+
+Brigadier-General Holt, Judge-Advocate-General, having designated the
+Hon. John A. Bingham as a special judge-advocate, whose aid he requires
+in the prosecution of Herold and others before the military commission
+of which Major-General Hunter is presiding officer:
+
+_It is ordered_, That the said John A. Bingham be, and he is hereby,
+appointed special judge-advocate for the purpose aforesaid, to aid the
+Judge-Advocate-General, pursuant to the order of the President in
+respect to said military commission.
+
+By order of the President:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+SPECIAL ORDERS. No. 216.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, May 9, 1865_.
+
+ * * * * *
+
+91. Brevet Brigadier-General Cyrus B. Comstock, United States
+Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby
+relieved from duty as members of the military commission appointed in
+Special Orders, No. 211, paragraph 4, dated "War Department,
+Adjutant-General's Office, Washington, May 6, 1865," and Brevet
+Brigadier-General James A. Ekin, United States Volunteers, and Brevet
+Colonel C.H. Tompkins, United States Army, are detailed in their
+places, respectively.
+
+The commission will be composed as follows:
+
+ Major-General David Hunter, United States Volunteers.
+ Major-General Lewis Wallace, United States Volunteers.
+ Brevet Major-General August V. Kautz, United States Volunteers.
+ Brigadier-General Albion P. Howe, United States Volunteers.
+ Brigadier-General Robert S. Poster, United States Volunteers.
+ Brevet Brigadier-General James A. Ekin, United States Volunteers.
+ Brigadier-General T.M. Harris, United States Volunteers.
+ Brevet Colonel C.H. Tompkins, United States Army.
+ Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.
+ Brigadier-General Joseph Holt, judge-advocate and recorder.
+
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE CHAMBER,
+
+_Washington City, May 9, 1865_.
+
+Executive Order to Reestablish the Authority of the United States and
+Execute the Laws within the Geographical Limits Known as the State of
+Virginia.
+
+_Ordered_, first. That all acts and proceedings of the political,
+military, and civil organizations which have been in a state of
+insurrection and rebellion within the State of Virginia against the
+authority and laws of the United States, and of which Jefferson Davis,
+John Letcher, and William Smith were late the respective chiefs, are
+declared null and void. All persons who shall exercise, claim, pretend,
+or attempt to exercise any political, military, or civil power,
+authority, jurisdiction, or right by, through, or under Jefferson Davis,
+late of the city of Richmond, and his confederates, or under John
+Letcher or William Smith and their confederates, or under any pretended
+political, military, or civil commission or authority issued by them or
+either of them since the 17th day of April, 1861, shall be deemed and
+taken as in rebellion against the United States, and shall be dealt with
+accordingly.
+
+Second. That the Secretary of State proceed to put in force all laws of
+the United States the administration whereof belongs to the Department
+of State applicable to the geographical limits aforesaid.
+
+Third. That the Secretary of the Treasury proceed without delay to
+nominate for appointment assessors of taxes and collectors of customs
+and internal revenue and such other officers of the Treasury Department
+as are authorized by law, and shall put in execution the revenue laws of
+the United States within the geographical limits aforesaid. In making
+appointments the preference shall be given to qualified loyal persons
+residing within the districts where their respective duties are to be
+performed; but if suitable persons shall not be found residents of the
+districts, then persons residing in other States or districts shall be
+appointed.
+
+Fourth. That the Postmaster-General shall proceed to establish
+post-offices and post routes and put into execution the postal laws of
+the United States within the said State, giving to loyal residents the
+preference of appointment; but if suitable persons are not found, then
+to appoint agents, etc., from other States.
+
+Fifth. That the district judge of said district proceed to hold courts
+within said State in accordance with the provisions of the act of
+Congress. The Attorney-General will instruct the proper officers to
+libel and bring to judgment, confiscation, and sale property subject to
+confiscation, and enforce the administration of justice within said
+State in all matters, civil and criminal, within the cognizance and
+jurisdiction of the Federal courts.
+
+Sixth. That the Secretary of War assign such assistant
+provost-marshal-general and such provost-marshals in each district of
+said State as he may deem necessary.
+
+Seventh. The Secretary of the Navy will take possession of all public
+property belonging to the Navy Department within said geographical
+limits and put in operation all acts of Congress in relation to naval
+affairs having application to the said State.
+
+Eighth. The Secretary of the Interior will also put in force the laws
+relating to the Department of the Interior.
+
+Ninth. That to carry into effect the guaranty by the Federal
+Constitution of a republican form of State government and afford the
+advantage and security of domestic laws, as well as to complete the
+reestablishment of the authority and laws of the United States and the
+full and complete restoration of peace within the limits aforesaid,
+Francis H. Peirpoint, governor of the State of Virginia, will be aided
+by the Federal Government so far as may be necessary in the lawful
+measures which he may take for the extension and administration of the
+State government throughout the geographical limits of said State.
+
+In testimony whereof I have hereunto set my hand and caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+ANDREW JOHNSON.
+
+By the President:
+ W. HUNTER,
+ _Acting Secretary of State_.
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, May 27, 1865_.
+
+_Ordered_, That in all cases of sentences by military tribunals of
+imprisonment during the war the sentence be remitted and that the
+prisoners be discharged. The Adjutant-General will issue immediately the
+necessary instructions to carry this order into effect.
+
+By order of the President of the United States:
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, D.C., May 31, 1865_.
+
+To-morrow, the 1st of June, being the day appointed for special
+humiliation and prayer in consequence of the assassination of Abraham
+Lincoln, late President of the United States, the Executive Office and
+the various Departments will be closed during the day.
+
+ANDREW JOHNSON,
+
+_President of the United States_.
+
+
+
+GENERAL ORDERS, No. 107.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 2, 1865_.
+
+_Ordered_, That all military restrictions upon trade in any of the
+States or Territories of the United States, except in articles
+contraband of war--to wit, arms, ammunition, gray cloth, and all
+articles from which ammunition is manufactured; locomotives, cars,
+railroad iron, and machinery for operating railroads; telegraph wires,
+insulators, and instruments for operating telegraphic lines--shall cease
+from and after the present date.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, June 2, 1865_.
+
+Whereas, pursuant to the order of the President and as a means required
+by the public safety, directions were issued from this Department, under
+date of the 17th of December, 1864, requiring passports from all
+travelers entering the United States, except immigrant passengers
+directly entering an American port from a foreign country; and
+
+Whereas the necessities which required the adoption of that measure are
+believed no longer to exist:
+
+Now, therefore, the President directs that from and after this date the
+order above referred to shall be, and the same is hereby, rescinded.
+
+Nothing in this regulation, however, will be construed to relieve from
+due accountability any enemies of the United States or offenders against
+their peace and dignity who may hereafter seek to enter the country or
+at any time be found within its lawful jurisdiction.
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., June 2, 1865_.
+
+Whereas by an act of Congress approved March 3, 1865, there was
+established in the War Department a Bureau of Refugees, Freedmen, and
+Abandoned Lands, and to which, in accordance with the said act of
+Congress, is committed the supervision and management of all abandoned
+lands and the control of all subjects relating to refugees and freedmen
+from rebel States, or from any district of country within the territory
+embraced in the operations of the Army, under such rules and regulations
+as may be prescribed by the head of the Bureau and approved by the
+President; and
+
+Whereas it appears that the management of abandoned lands and subjects
+relating to refugees and freedmen, as aforesaid, have been and still
+are, by orders based on military exigencies or legislation based on
+previous statutes, partly in the hands of military officers disconnected
+with said Bureau and partly in charge of officers of the Treasury
+Department: It is therefore
+
+_Ordered_, That all officers of the Treasury Department, all military
+officers, and all others in the service of the United States turn over
+to the authorized officers of said Bureau all abandoned lands and
+property contemplated in said act of Congress approved March 3, 1865,
+establishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that
+may now be under or within their control. They will also turn over to
+such officers all funds collected by tax or otherwise for the benefit of
+refugees or freedmen or accruing from abandoned lands or property set
+apart for their use, and will transfer to them all official records
+connected with the administration of affairs which pertain to said
+Bureau.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 109.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 6, 1865_.
+
+ORDER FOR THE DISCHARGE OF CERTAIN PRISONERS OF WAR.
+
+The prisoners of war at the several depots in the North will be
+discharged under the following regulations and restrictions:
+
+I. All enlisted men of the rebel army and petty officers and seamen of
+the rebel navy will be discharged upon taking the oath of allegiance.
+
+II. Officers of the rebel army not above the grade of captain and of
+the rebel navy not above the grade of lieutenant, except such as have
+graduated at the United States Military or Naval academies and such
+as held a commission in either the United States Army or Navy at the
+beginning of the rebellion, may be discharged upon taking the oath
+of allegiance.
+
+III. When the discharges hereby ordered are completed, regulations will
+be issued in respect to the discharge of officers having higher rank
+than captain in the army or lieutenant in the navy.
+
+IV. The several commanders of prison stations will discharge each day as
+many of the prisoners hereby authorized to be discharged as proper rolls
+can be prepared for, beginning with those who have been longest in
+prison and from the most remote points of the country; and certified
+rolls will be forwarded daily to the Commissary-General of Prisoners of
+those so discharged. The oath of allegiance only will be administered,
+but notice will be given that all who desire will be permitted to take
+the oath of amnesty after their release, in accordance with the
+regulations of the Department of State respecting the amnesty.
+
+V. The Quartermaster's Department will furnish transportation to all
+released prisoners to the nearest accessible point to their homes, by
+rail or by steamboat.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, June 6, 1865_.
+
+Whereas circumstances of recent occurrence have made it no longer
+necessary to continue the prohibition of the departure for her
+destination of the gunboat _Fusyama_, built at New York for the Japanese
+Government, it is consequently ordered that that prohibition be removed.
+The Secretary of the Treasury will therefore cause a clearance to be
+issued to the _Fusyama_, and the Secretary of the Navy will not allow
+any obstacle thereto.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, June 13, 1865.]
+
+CIRCULAR.
+
+ATTORNEY-GENERAL'S OFFICE,
+
+_Washington, June 7, 1865_.
+
+By direction of the President, all persons belonging to the excepted
+classes enumerated in the President's amnesty proclamation of May 29,
+1865, who may make special applications to the President for pardon are
+hereby notified that before their respective applications will be
+considered it must be shown that they have respectively taken and
+subscribed the oath (or affirmation) in said proclamation prescribed.
+Every such person desiring a special pardon should make personal
+application in writing therefor, and should transmit with such
+application the original oath (or affirmation) as taken and subscribed
+before an officer authorized under the rules and regulations promulgated
+by the Secretary of State to administer the amnesty oath prescribed in
+the said proclamation of the President.
+
+JAMES SPEED,
+
+_Attorney-General_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington, D.C., June 9, 1865_.
+
+It is represented to me in a communication from the Secretary of the
+Interior that Indians in New Mexico have been seized and reduced into
+slavery, and it is recommended that the authority of the executive
+branch of the Government should be exercised for the effectual
+suppression of a practice which is alike in violation of the rights
+of the Indians and of the provisions of the organic law of the said
+Territory.
+
+Concurring in this recommendation, I do hereby order that the heads
+of the several Executive Departments do enjoin upon the subordinates,
+agents, and employees under their respective orders or supervision in
+that Territory to discountenance the practice aforesaid and to take all
+lawful means to suppress the same.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL COURT-MARTIAL ORDERS, No. 356.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, July 5, 1865_.
+
+I. Before a military commission which convened at Washington, D.C.,
+May 9, 1865, pursuant to paragraph 4 of Special Orders, No. 211,
+dated May 6, 1865, and paragraph 91 of Special Orders, No. 216, dated
+May 9, 1865, War Department, Adjutant-General's Office, Washington,
+and of which Major-General David Hunter, United States Volunteers, is
+president, were arraigned and tried David E. Herold, G.A. Atzerodt,
+Lewis Payne, Mary E. Surratt, Michael O'Laughlin, Edward Spangler,
+Samuel Arnold, and Samuel A. Mudd.
+
+
+CHARGE I.
+
+For maliciously, unlawfully, and traitorously, and in aid of the
+existing armed rebellion against the United States of America, on or
+before the 6th day of March, A.D. 1865, and on divers other days between
+that day and the 15th day of April, A.D. 1865, combining, confederating,
+and conspiring together with one John H. Surratt, John Wilkes Booth,
+Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson,
+William C. Cleary, Clement C. Clay, George Harper, George Young, and
+others unknown to kill and murder, within the Military Department of
+Washington, and within the fortified and intrenched lines thereof,
+Abraham Lincoln, late, and at the time of said combining, confederating,
+and conspiring, President of the United States of America and Commander
+in Chief of the Army and Navy thereof; Andrew Johnson, now
+Vice-President of the United States aforesaid; William H. Seward,
+Secretary of State of the United States aforesaid; and Ulysses S. Grant,
+Lieutenant-General of the Army of the United States aforesaid, then in
+command of the armies of the United States, under the direction of the
+said Abraham Lincoln; and in pursuance of and in prosecuting said
+malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of
+said rebellion, afterwards, to wit, on the 14th day of April, A.D. 1865,
+within the Military Department of Washington aforesaid, and within the
+fortified and intrenched lines of said military department, together
+with said John Wilkes Booth and John H. Surratt, maliciously,
+unlawfully, and traitorously murdering the said Abraham Lincoln, then
+President of the United States and Commander in Chief of the Army and
+Navy of the United States as aforesaid; and maliciously, unlawfully, and
+traitorously assaulting, with intent to kill and murder, the said
+William H. Seward, then Secretary of State of the United States as
+aforesaid; and lying in wait, with intent maliciously, unlawfully, and
+traitorously to kill and murder the said Andrew Johnson, then being
+Vice-President of the United States, and the said Ulysses S. Grant, then
+being Lieutenant-General and in command of the armies of the United
+States as aforesaid.
+
+
+SPECIFICATION FIRST.
+
+In this, that they, the said David E. Herold, Edward Spangler, Lewis
+Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A.
+Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and
+John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis,
+George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary,
+Clement C. Clay, George Harper, George Young, and, others unknown,
+citizens of the United States aforesaid, and who were then engaged In
+armed rebellion against the United States of America, within the limits
+thereof, did, in aid of said armed rebellion, on or before the 6th day
+of March, A.D. 1865, and on divers other days and times between that day
+and the 15th day of April, A.D. 1865, combine, confederate, and conspire
+together at Washington City, within the Military Department of
+Washington, and within the intrenched fortifications and military lines
+of the said United States there being, unlawfully, maliciously, and
+traitorously to kill and murder Abraham Lincoln, then President of the
+United States aforesaid and Commander in Chief of the Army and Navy
+thereof; and unlawfully, maliciously, and traitorously to kill and
+murder Andrew Johnson, now Vice-President of the said United States,
+upon whom, on the death of said Abraham Lincoln, after the 4th day of
+March, A.D. 1865, the office of President of the said United States and
+Commander in Chief of the Army and Navy thereof would devolve; and to
+unlawfully, maliciously, and traitorously kill and murder Ulysses S.
+Grant, then Lieutenant-General, and, under the direction of the said
+Abraham Lincoln, in command of the armies of the United States
+aforesaid; and unlawfully, maliciously, and traitorously to kill and
+murder William H. Seward, then Secretary of State of the United States
+aforesaid, whose duty it was by law, upon the death of said President
+and Vice-President of the United States aforesaid, to cause an election
+to be held for electors of President of the United States--the
+conspirators aforesaid designing and intending by the killing and murder
+of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and
+William H. Seward, as aforesaid, to deprive the Army and Navy of the
+said United States of a constitutional Commander in Chief, and to
+deprive the armies of the United States of their lawful commander, and
+to prevent a lawful election of President and Vice-President of the
+United States aforesaid, and by the means aforesaid to aid and comfort
+the insurgents engaged in armed rebellion against the said United States
+as aforesaid, and thereby to aid in the subversion and overthrow of the
+Constitution and laws of the said United States.
+
+And being so combined, confederated, and conspiring together in the
+prosecution of said unlawful and traitorous conspiracy, on the night of
+the 14th day of April, A.D. 1865, at the hour of about 10 o'clock and 15
+minutes p.m., at Ford's Theater, on Tenth street, in the city of
+Washington, and within the military department and military lines
+aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in
+pursuance of said unlawful and traitorous conspiracy, did then and there
+unlawfully, maliciously, and traitorously, and with intent to kill and
+murder the said Abraham Lincoln, discharge a pistol then held in the
+hands of him, the said Booth, the same being then loaded with powder and
+a leaden ball, against and upon the left and posterior side of the head
+of the said Abraham Lincoln, and did thereby then and there inflict upon
+him, the said Abraham Lincoln, then President of the said United States
+and Commander in Chief of the Army and Navy thereof, a mortal wound,
+whereof afterwards, to wit, on the 15th day of April, A.D. 1865, at
+Washington City aforesaid, the said Abraham Lincoln died; and thereby
+then and there, and in pursuance of said conspiracy, the said defendants
+and the said John Wilkes Booth and John H. Surratt did unlawfully,
+traitorously, and maliciously, and with the intent to aid the rebellion
+as aforesaid, kill and murder the said Abraham Lincoln, President of the
+United States as aforesaid.
+
+And in further prosecution of the unlawful and traitorous conspiracy
+aforesaid and of the murderous and traitorous intent of said conspiracy,
+the said Edward Spangler, on said 14th day of April, A.D. 1865, at about
+the same hour of that day as aforesaid, within said military department
+and the military lines aforesaid, did aid and assist the said John
+Wilkes Booth to obtain entrance to the box in said theater in which said
+Abraham Lincoln was sitting at the time he was assaulted and shot, as
+aforesaid, by John Wilkes Booth; and also did then and there aid said
+Booth in barring and obstructing the door of the box of said theater, so
+as to hinder and prevent any assistance to or rescue of the said Abraham
+Lincoln against the murderous assault of the said John Wilkes Booth, and
+did aid and abet him in making his escape after the said Abraham Lincoln
+had been murdered in manner aforesaid.
+
+And in further prosecution of said unlawful, murderous, and traitorous
+conspiracy, and in pursuance thereof, and with the intent as aforesaid,
+the said David B. Herold did, on the night of the 14th of April, A.D.
+1865, within the military department and military lines aforesaid, aid,
+abet, and assist the said John Wilkes Booth in the killing and murder of
+the said Abraham Lincoln, and did then and there aid and abet and assist
+him, the said John Wilkes Booth, in attempting to escape through the
+military lines aforesaid, and did accompany and assist the said John
+Wilkes Booth in attempting to conceal himself and escape from justice
+after killing and murdering said Abraham Lincoln, as aforesaid.
+
+And in further prosecution of said unlawful and traitorous conspiracy
+and of the intent thereof as aforesaid, the said Lewis Payne did, on the
+same night of the 14th day of April, A.D. 1865, about the same hour of
+10 o'clock and 15 minutes p.m., at the city of Washington, and within
+the military department and the military lines aforesaid, unlawfully and
+maliciously make an assault upon the said William H. Seward, Secretary
+of State, as aforesaid, in the dwelling house and bedchamber of him, the
+said William H. Seward, and the said Payne did then and there, with a
+large knife held in his hand, unlawfully, traitorously, and in pursuance
+of said conspiracy, strike, stab, cut, and attempt to kill and murder
+the said William H. Seward, and did thereby then and there, and with the
+intent aforesaid, with said knife, inflict upon the face and throat of
+the said William H. Seward divers grievous wounds; and the said Lewis
+Payne, in further prosecution of said conspiracy, at the same time and
+place last aforesaid, did attempt, with the knife aforesaid and a pistol
+held in his hand, to kill and murder Frederick W. Seward, Augustus H.
+Seward, Emrick W. Hansell, and George F. Robinson, who were then
+striving to protect and rescue the said William H. Seward from murder by
+the said Lewis Payne, and did then and there, with said knife and pistol
+held in his hands, inflict upon the head of said Frederick W. Seward and
+upon the persons of said Augustus H. Seward, Emrick W. Hansell, and
+George F. Robinson divers grievous and dangerous wounds, with intent
+then and there to kill and murder the said Frederick W. Seward, Augustus
+H. Seward, Emrick W. Hansell, and George F. Robinson.
+
+And in further prosecution of said conspiracy and its traitorous and
+murderous designs, the said George A. Atzerodt did, on the night of the
+14th of April, A.D. 1865, and about the same hour of the night
+aforesaid, within the military department and the military lines
+aforesaid, lie in wait for Andrew Johnson, then Vice-President of the
+United States aforesaid, with the intent unlawfully and maliciously to
+kill and murder him, the said Andrew Johnson.
+
+And in the further prosecution of the conspiracy aforesaid and of its
+murderous and treasonable purposes aforesaid, on the nights of the 13th
+and 14th of April, A.D. 1865, at Washington City, and within the
+military department and military lines aforesaid, the said Michael
+O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+Lieutenant-General and commander of the armies of the United States as
+aforesaid, with intent then and there to kill and murder the said
+Ulysses S. Grant.
+
+And in further prosecution of said conspiracy, the said Samuel Arnold
+did, within the military department and military lines aforesaid, on or
+before the 6th day of March, A.D. 1865, and on divers other days and
+times between that day and the 15th day of April, A.D. 1865, combine,
+conspire with, and aid, counsel, abet, comfort, and support the said
+John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin,
+and their confederates in said unlawful, murderous, and traitorous
+conspiracy and in the execution thereof, as aforesaid.
+
+And in further prosecution of the said conspiracy, Mary B. Surratt did,
+at Washington City, and within the military department and military
+lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+divers other days and times between that day and the 20th day of April,
+A.D. 1865, receive, entertain, harbor and conceal, aid and assist, the
+said John Wilkes Booth, David B. Herold, Lewis Payne, John H. Surratt,
+Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their
+confederates, with knowledge of the murderous and traitorous conspiracy
+aforesaid, and with intent to aid, abet, and assist them in the
+execution thereof and in escaping from justice after the murder of the
+said Abraham Lincoln, as aforesaid.
+
+And in further prosecution of said conspiracy, the said Samuel A. Mudd
+did, at Washington City, and within the military department and military
+lines aforesaid, on or before the 6th day of March, A.D. 1865, and on
+divers other days and times between that day and the 20th day of April,
+A.D. 1865, advise, encourage, receive, entertain, harbor and conceal,
+aid and assist, the said John Wilkes Booth, David B. Herold, Lewis
+Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary B.
+Surratt, and Samuel Arnold, and their confederates, with knowledge of
+the murderous and traitorous conspiracy aforesaid, and with intent to
+aid, abet, and assist them in the execution thereof and in escaping from
+justice after the murder of the said Abraham Lincoln, in pursuance of
+said conspiracy, in manner aforesaid.
+
+To which charge and specification the accused, David B. Herold, G.A.
+Atzerodt, Lewis Payne, Mary B. Surratt, Michael O'Laughlin, Edward
+Spangler, Samuel Arnold, and Samuel A. Mudd, pleaded "not guilty."
+
+
+FINDINGS AND SENTENCES.
+
+1. In the case of David B. Herold, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; as to which part thereof, not guilty."
+
+Of the charge, "Guilty, except the words of the charge that he combined,
+confederated, and conspired with Edward Spangler; as to which part of
+said charge, not guilty."
+
+And the commission does therefore sentence him, the said David B.
+Herold, "To be hanged by the neck until he be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+2. In the case of George A. Atzerodt, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said George A.
+Atzerodt, "To be hung by the neck until he be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+3. In the case of Lewis Payne, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Lewis Payne,
+"To be hung by the neck until he be dead, at such time and place as the
+President of the United States shall direct; two-thirds of the members
+of the commission concurring therein."
+
+4. In the case of Mary B. Surratt, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except as to receiving, entertaining,
+harboring, and concealing Samuel Arnold and Michael O'Laughlin, and
+except as to combining, confederating, and conspiring with Edward
+Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except as to combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence her, the said Mary B.
+Surratt, "To be hung by the neck until she be dead, at such time and
+place as the President of the United States shall direct; two-thirds of
+the members of the commission concurring therein."
+
+5. In the case of Michael O'Laughlin, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except the words thereof as follows: 'And
+in the further prosecution of the conspiracy aforesaid and of its
+murderous and treasonable purposes aforesaid, on the nights of the 13th
+and 14th of April, A.D. 1865, at Washington City, and within the
+military department and military lines aforesaid, the said Michael
+O'Laughlin did then and there lie in wait for Ulysses S. Grant, then
+Lieutenant-General and commander of the armies of the United States,
+with intent then and there to kill and murder the said Ulysses S.
+Grant;' of said words, not guilty; and except combining, confederating,
+and conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Michael
+O'Laughlin, "To be imprisoned at hard labor for life at such
+penitentiary as the President of the United States shall designate."
+
+6. In the case of Edward Spangler, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Not guilty, except as to the words, 'The said
+Edward Spangler, on said 14th day of April, A.D. 1865, at about the same
+hour of that day as aforesaid, within said military department and the
+military lines aforesaid, did aid and abet him (meaning John Wilkes
+Booth) in making his escape after the said Abraham Lincoln had been
+murdered in manner aforesaid;' and of these words, guilty."
+
+Of the charge, "Not guilty, but guilty of having feloniously and
+traitorously aided and abetted John Wilkes Booth in making his escape
+after having killed and murdered Abraham Lincoln, President of the
+United States, he the said Edward Spangler, at the time of aiding and
+abetting as aforesaid, well knowing that the said Abraham Lincoln,
+President as aforesaid, had been murdered by the said John Wilkes Booth,
+as aforesaid."
+
+And the commission does therefore sentence him, the said Edward
+Spangler, "To be confined at hard labor for the period of six years at
+such penitentiary as the President of the United States shall
+designate."
+
+7. In the case of Samuel Arnold, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Samuel Arnold,
+"To be imprisoned at hard labor for life at such penitentiary as the
+President of the United States shall designate."
+
+8. In the case of Samuel A. Mudd, the commission, having maturely
+considered the evidence adduced, finds the accused as follows:
+
+Of the specification, "Guilty, except combining, confederating, and
+conspiring with Edward Spangler; of this, not guilty; and except
+receiving, entertaining, harboring, and concealing Lewis Payne, John H.
+Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and
+Samuel Arnold; of this, not guilty."
+
+Of the charge, "Guilty, except combining, confederating, and conspiring
+with Edward Spangler; of this, not guilty."
+
+And the commission does therefore sentence him, the said Samuel A. Mudd,
+"To be imprisoned at hard labor for life at such penitentiary as the
+President of the United States shall designate."
+
+
+II. The proceedings, findings, and sentences in the foregoing cases
+having been submitted to the President of the United States, the
+following are his orders:
+
+
+EXECUTIVE MANSION, _July 5, 1865_.
+
+The foregoing sentences in the cases of David E. Herold, George A.
+Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel
+Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it
+is ordered that the sentences in the cases of David E. Herold, G.A.
+Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by
+the proper military authority, under the direction of the Secretary of
+War, on the 7th day of July, 1865, between the hours of 10 o'clock a.m.
+and 2 o'clock p.m. of that day. It is further ordered that the prisoners
+Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin
+be confined at hard labor in the penitentiary at Albany, N.Y., during
+the period designated in their respective sentences.
+
+ANDREW JOHNSON, _President_.
+
+
+III. Major-General W.S. Hancock, United States Volunteers, commanding
+Middle Military Division, is commanded to cause the foregoing sentences
+in the cases of David E. Herold, G.A. Atzerodt, Lewis Payne, and Mary E.
+Surratt to be duly executed in accordance with the President's order.
+
+
+EXECUTIVE MANSION, _July 15, 1865_.
+
+IV. The Executive order dated July 5, 1865, approving the sentences in
+the cases of Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael
+O'Laughlin, is hereby modified so as to direct that the said Arnold,
+Mudd, Spangler, and O'Laughlin be confined at hard labor in the military
+prison at Dry Tortugas, Florida, during the period designated in their
+respective sentences.
+
+The Adjutant-General of the Army is directed to issue orders for the
+said prisoners to be transported to the Dry Tortugas, and to be confined
+there accordingly.
+
+ANDREW JOHNSON, _President_.
+
+
+V. Major-General W.S. Hancock, United States Volunteers, commanding
+Middle Military Division, is commanded to send the prisoners Samuel
+Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, under
+charge of a commissioned officer, with a sufficient guard, to the Dry
+Tortugas, Florida, where they will be delivered to the commanding
+officer of the post, who is hereby ordered to confine the said Arnold,
+Mudd, Spangler, and O'Laughlin at hard labor during the periods
+designated in their respective sentences.
+
+VI. The military commission of which Major-General David Hunter is
+president is hereby dissolved.
+
+By command of the President of the United States:
+
+E.D. TOWNSEND, _Assistant Adjutant-General_.
+
+
+
+WASHINGTON, _August 7, 1865_.
+
+An impression seems to prevail that the interests of persons having
+business with the executive government require that they should have
+personal interviews with the President or heads of Departments. As this
+impression is believed to be entirely unfounded, it is expected that
+applications relating to such business will hereafter be made in writing
+to the head of that Department to which the business may have been
+assigned by law. Those applications will in their order be considered
+and disposed of by heads of Departments, subject to the approval of the
+President. This order is made necessary by the unusual numbers of
+persons visiting the seat of Government. It is impracticable to grant
+personal interviews to all of them, and desirable that there should be
+no invidious distinction in this respect. Similar business of persons
+who can not conveniently leave their homes must be neglected if the time
+of the executive officers here is engrossed by personal interviews with
+others.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, August 26, 1865.]
+
+DEPARTMENT OF STATE,
+
+_Washington, August 25, 1865_.
+
+Paroled prisoners asking passports as citizens of the United States, and
+against whom no special charges may be pending, will be furnished with
+passports upon application therefor to the Department of State in the
+usual form. Such passports will, however, be issued upon the condition
+that the applicants do not return to the United States without leave of
+the President. Other persons implicated in the rebellion who may wish to
+go abroad will apply to the Department of State for passports, and the
+applications will be disposed of according to the merits of the several
+cases.
+
+By the President of the United States:
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE OFFICE, _September 7, 1865_.
+
+_It is hereby ordered_, That so much of the Executive order bearing date
+the 7th [2d] day of June, 1865, as made it the duty of all officers
+of the Treasury Department, military officers, and all others in the
+service of the United States to turn over to the authorized officers
+of the Bureau of Refugees, Freedmen, and Abandoned Lands all funds
+collected by tax or otherwise for the benefit of refugees or freedmen,
+or accruing from abandoned lands or property set apart for their use,
+be, and the same is hereby, suspended.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+GENERAL ORDERS, No. 138.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, September 16, 1865_.
+
+To provide for the transportation required by the Bureau of Refugees,
+Freedmen, and Abandoned Lands--
+
+_It is ordered_, That upon the requisition of the Commissioner or the
+assistant commissioners of the Bureau transportation be furnished such
+destitute refugees and freedmen as are dependent upon the Government for
+support to points where they can procure employment and subsistence and
+support themselves, and thus relieve the Government, provided such
+transportation be confined by assistant commissioners within the limits
+of their jurisdiction.
+
+Second. Free transportation on Government transports and United States
+military railroads will be furnished to such teachers only of refugees
+and freedmen, and persons laboring voluntarily in behalf of refugees and
+freedmen, as may be duly accredited by the Commissioner or assistant
+commissioners of the Bureau.
+
+All stores and schoolbooks necessary to the subsistence, comfort, and
+instruction of dependent refugees and freedmen may be transported at
+Government expense, when such stores and books shall be turned over to
+the officers of the Quartermaster's Department, with the approval of the
+assistant commissioners, Commissioner, or department commander, the same
+to be transported as public stores, consigned to the quartermaster of
+the post to which they are destined, who, after inspection, will turn
+them over to the assistant commissioners or Bureau agent for whom they
+are intended for distribution.
+
+All army officers traveling on public duty, under the orders of the
+commissioners, within the limits of their respective jurisdictions, will
+be entitled to mileage or actual cost of transportation, according to
+the revised Army Regulations, when transportation has not been furnished
+them by the Quartermaster's Department.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_
+
+
+
+SPECIAL ORDERS, NO. 503.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, September 19, 1865_.
+
+ * * * * *
+
+It has been represented to the Department that commanders of
+military posts and districts in Georgia, and particularly Brevet
+Brigadier-General C.H. Grosvenor, provost-marshal-general, and Brevet
+Major-General King, commanding in the district of Augusta, have assumed
+to decide questions of contracts and conflicting claims of property
+between individuals, and to order the delivery, surrender, or transfer
+of property and documents of title as between private persons, in which
+the Government is not concerned.
+
+All such acts and proceedings on the part of military authorities in
+said State are declared by the President to be without authority and
+null and void.
+
+All military commanders and authorities within said State are strictly
+ordered to abstain from any such acts, and not in any way to interfere
+with or assume to adjudicate any right, title, or claim of property
+between private individuals, and to suspend all action upon any orders
+heretofore made in respect to the ownership or delivery of property and
+the validity of contracts between private persons.
+
+They are also forbidden from being directly or indirectly interested in
+any sales or contracts for cotton or other products of said State, and
+from using or suffering to be used any Government transportation for the
+transporting of cotton or other products of said State for or in behalf
+of private persons on any pretense whatever.
+
+Military officers have no authority to interfere in any way in questions
+of sale or contracts of any kind between individuals or to decide any
+question of property between them without special instructions from this
+Department authorizing their action, and the usurpation of such power
+will be treated as a grave military offense.
+
+Major-General Steedman, commanding the Department of Georgia,
+is specially charged with the enforcement of this order, and
+directed to make report as to any acts, proceedings, or orders
+of Brevet Major-General King and Brevet Brigadier-General Grosvenor,
+provost-marshal-general, in regard to contracts or conflicting claims
+of individuals in relation to cotton or other products, and to suspend
+all action upon any such orders until further instructions.
+
+By order of the President of the United States.
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 145.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, October 9, 1865_.
+
+Whereas certain tracts of land, situated on the coast of South Carolina,
+Georgia, and Florida, at the time for the most part vacant, were set
+apart by Major-General W. T. Sherman's special field order No. 15 for
+the benefit of refugees and freedmen that had been congregated by the
+operations of war or had been left to take care of themselves by their
+former owners; and
+
+Whereas an expectation was thereby created that they would be able to
+retain possession of said lands; and
+
+Whereas a large number of the former owners are earnestly soliciting the
+restoration of the same and promising to absorb the labor and care for
+the freedmen:
+
+_It is ordered_, That Major-General Howard, Commissioner of the
+Bureau of Refugees, Freedmen, and Abandoned Lands, proceed to the
+several above-named States and endeavor to effect an arrangement
+mutually satisfactory to the freedmen and the landowners, and make
+report. And in case a mutually satisfactory arrangement can be effected,
+he is duly empowered and directed to issue such orders as may become
+necessary, after a full and careful investigation of the interests of
+the parties concerned.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE OFFICE, _October 11, 1865_.
+
+Whereas the following-named persons, to wit, John A. Campbell, of
+Alabama; John H. Reagan, of Texas; Alexander H. Stephens, of Georgia;
+George A. Trenholm, of South Carolina, and Charles Clark, of
+Mississippi, lately engaged in rebellion against the United States
+Government, who are now in close custody, have made their submission to
+the authority of the United States and applied to the President for
+pardon under his proclamation; and
+
+Whereas the authority of the Federal Government is sufficiently restored
+in the aforesaid States to admit of the enlargement of said persons from
+close custody:
+
+_It is ordered_, That they be released on giving their respective
+paroles to appear at such time and place as the President may designate
+to answer any charge that he may direct to be preferred against them,
+and also that they will respectively abide until further orders in the
+places herein designated, and not depart therefrom, to wit:
+
+John A. Campbell, in the State of Alabama; John H. Reagan, in the State
+of Texas; Alexander H. Stephens, in the State of Georgia; George A.
+Trenholm, in the State of South Carolina; and Charles Clark, in the
+State of Mississippi. And if the President should grant his pardon to
+any of said persons, such person's parole will be thereby discharged.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+EXECUTIVE OFFICE,
+
+_Washington City, November 11, 1865_.
+
+_Ordered_, That the civil and military agents of the Government transfer
+to the assistant commissioner of the Bureau of Refugees, Freedmen, and
+Abandoned Lands for Alabama the use and custody of all real estate,
+buildings, or other property, except cotton, seized or held by them in
+that State as belonging to the late rebel government, together with
+all such funds as may arise or have arisen from the rent, sale, or
+disposition of such property which have not been finally paid into
+the Treasury of the United States.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+GENERAL ORDERS, N0. 164.
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, November 24, 1865_.
+
+_Ordered_, That--
+
+I. All persons claiming reward for the apprehension of John Wilkes
+Booth, Lewis Payne, G.A. Atzerodt, and David E. Herold, and Jefferson
+Davis, or either of them, are notified to file their claims and their
+proofs with the Adjutant-General for final adjudication by the special
+commission appointed to award and determine upon the validity of such
+claims before the 1st day of January next, after which time no claims
+will be received.
+
+II. The rewards offered for the arrest of Jacob Thompson, Beverley
+Tucker, George N. Sanders, William G. Cleary, and John H. Surratt are
+revoked.
+
+By order of the President of the United States:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+WASHINGTON, _December 4, 1865_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+To express gratitude to God in the name of the people for the
+preservation of the United States is my first duty in addressing you.
+Our thoughts next revert to the death of the late President by an act
+of parricidal treason. The grief of the nation is still fresh. It finds
+some solace in the consideration that he lived to enjoy the highest
+proof of its confidence by entering on the renewed term of the Chief
+Magistracy to which he had been elected; that he brought the civil war
+substantially to a close; that his loss was deplored in all parts of the
+Union, and that foreign nations have rendered justice to his memory.
+His removal cast upon me a heavier weight of cares than ever devolved
+upon any one of his predecessors. To fulfill my trust I need the support
+and confidence of all who are associated with me in the various
+departments of Government and the support and confidence of the people.
+There is but one way in which I can hope to gain their necessary aid.
+It is to state with frankness the principles which guide my conduct, and
+their application to the present state of affairs, well aware that the
+efficiency of my labors will in a great measure depend on your and their
+undivided approbation.
+
+The Union of the United States of America was intended by its authors to
+last as long as the States themselves shall last. "The Union shall be
+perpetual" are the words of the Confederation. "To form a more perfect
+Union," by an ordinance of the people of the United States, is the
+declared purpose of the Constitution. The hand of Divine Providence was
+never more plainly visible in the affairs of men than in the framing and
+the adopting of that instrument. It is beyond comparison the greatest
+event in American history, and, indeed, is it not of all events in
+modern times the most pregnant with consequences for every people of the
+earth? The members of the Convention which prepared it brought to their
+work the experience of the Confederation, of their several States, and
+of other republican governments, old and new; but they needed and they
+obtained a wisdom superior to experience. And when for its validity it
+required the approval of a people that occupied a large part of a
+continent and acted separately in many distinct conventions, what is
+more wonderful than that, after earnest contention and long discussion,
+all feelings and all opinions were ultimately drawn in one way to its
+support? The Constitution to which life was thus imparted contains
+within itself ample resources for its own preservation. It has power
+to enforce the laws, punish treason, and insure domestic tranquillity.
+In case of the usurpation of the government of a State by one man or
+an oligarchy, it becomes a duty of the United States to make good the
+guaranty to that State of a republican form of government, and so to
+maintain the homogeneousness of all. Does the lapse of time reveal
+defects? A simple mode of amendment is provided in the Constitution
+itself, so that its conditions can always be made to conform to the
+requirements of advancing civilization. No room is allowed even for the
+thought of a possibility of its coming to an end. And these powers of
+self-preservation have always been asserted in their complete integrity
+by every patriotic Chief Magistrate--by Jefferson and Jackson not less
+than by Washington and Madison. The parting advice of the Father of his
+Country, while yet President, to the people of the United States was
+that the free Constitution, which was the work of their hands, might be
+sacredly maintained; and the inaugural words of President Jefferson
+held up "the preservation of the General Government in its whole
+constitutional vigor as the sheet anchor of our peace at home and safety
+abroad." The Constitution is the work of "the people of the United
+States," and it should be as indestructible as the people.
+
+It is not strange that the framers of the Constitution, which had no
+model in the past, should not have fully comprehended the excellence of
+their own work. Fresh from a struggle against arbitrary power, many
+patriots suffered from harassing fears of an absorption of the State
+governments by the General Government, and many from a dread that the
+States would break away from their orbits. But the very greatness
+of our country should allay the apprehension of encroachments by the
+General Government, The subjects that come unquestionably within its
+jurisdiction are so numerous that it must ever naturally refuse to be
+embarrassed by questions that lie beyond it. Were it otherwise the
+Executive would sink beneath the burden, the channels of justice would
+be choked, legislation would be obstructed by excess, so that there is
+a greater temptation to exercise some of the functions of the General
+Government through the States than to trespass on their rightful sphere.
+The "absolute acquiescence in the decisions of the majority" was at the
+beginning of the century enforced by Jefferson as "the vital principle
+of republics;" and the events of the last four years have established,
+we will hope forever, that there lies no appeal to force.
+
+The maintenance of the Union brings with it "the support of the State
+governments in all their rights," but it is not one of the rights of any
+State government to renounce its own place in the Union or to nullify
+the laws of the Union. The largest liberty is to be maintained in the
+discussion of the acts of the Federal Government, but there is no appeal
+from its laws except to the various branches of that Government itself,
+or to the people, who grant to the members of the legislative and of the
+executive departments no tenure but a limited one, and in that manner
+always retain the powers of redress.
+
+"The sovereignty of the States" is the language of the Confederacy, and
+not the language of the Constitution. The latter contains the emphatic
+words--
+
+ This Constitution and the laws of the United States which shall be made
+ in pursuance thereof, and all treaties made or which shall be made under
+ the authority of the United States, shall be the supreme law of the
+ land, and the judges in every State shall be bound thereby, anything in
+ the constitution or laws of any State to the contrary notwithstanding.
+
+
+Certainly the Government of the United States is a limited government,
+and so is every State government a limited government. With us this idea
+of limitation spreads through every form of administration--general,
+State, and municipal--and rests on the great distinguishing principle of
+the recognition of the rights of man. The ancient republics absorbed
+the individual in the state--prescribed his religion and controlled
+his activity. The American system rests on the assertion of the equal
+right of every man to life, liberty, and the pursuit of happiness, to
+freedom of conscience, to the culture and exercise of all his faculties.
+As a consequence the State government is limited--as to the General
+Government in the interest of union, as to the individual citizen in the
+interest of freedom.
+
+States, with proper limitations of power, are essential to the existence
+of the Constitution of the United States. At the very commencement, when
+we assumed a place among the powers of the earth, the Declaration of
+Independence was adopted by States; so also were the Articles of
+Confederation; and when "the people of the United States" ordained and
+established the Constitution it was the assent of the States, one by
+one, which gave it vitality. In the event, too, of any amendment to the
+Constitution, the proposition of Congress needs the confirmation of
+States. Without States one great branch of the legislative government
+would be wanting. And if we look beyond the letter of the Constitution
+to the character of our country, its capacity for comprehending within
+its jurisdiction a vast continental empire is due to the system of
+States. The best security for the perpetual existence of the States is
+the "supreme authority" of the Constitution of the United States. The
+perpetuity of the Constitution brings with it the perpetuity of the
+States; their mutual relation makes us what we are, and in our political
+system their connection is indissoluble. The whole can not exist without
+the parts, nor the parts without the whole. So long as the Constitution
+of the United States endures, the States will endure. The destruction of
+the one is the destruction of the other; the preservation of the one is
+the preservation of the other.
+
+I have thus explained my views of the mutual relations of the
+Constitution and the States, because they unfold the principles on
+which I have sought to solve the momentous questions and overcome the
+appalling difficulties that met me at the very commencement of my
+Administration. It has been my steadfast object to escape from the
+sway of momentary passions and to derive a healing policy from the
+fundamental and unchanging principles of the Constitution.
+
+I found the States suffering from the effects of a civil war. Resistance
+to the General Government appeared to have exhausted itself. The United
+States had recovered possession of their forts and arsenals, and their
+armies were in the occupation of every State which had attempted to
+secede. Whether the territory within the limits of those States should
+be held as conquered territory, under military authority emanating from
+the President as the head of the Army, was the first question that
+presented itself for decision.
+
+Now military governments, established for an indefinite period, would
+have offered no security for the early suppression of discontent, would
+have divided the people into the vanquishers and the vanquished, and
+would have envenomed hatred rather than have restored affection. Once
+established, no precise limit to their continuance was conceivable. They
+would have occasioned an incalculable and exhausting expense. Peaceful
+emigration to and from that portion of the country is one of the best
+means that can be thought of for the restoration of harmony, and that
+emigration would have been prevented; for what emigrant from abroad,
+what industrious citizen at home, would place himself willingly under
+military rule? The chief persons who would have followed in the train of
+the Army would have been dependents on the General Government or men who
+expected profit from the miseries of their erring fellow-citizens. The
+powers of patronage and rule which would have been exercised, under the
+President, over a vast and populous and naturally wealthy region are
+greater than, unless under extreme necessity, I should be willing to
+intrust to any one man. They are such as, for myself, I could never,
+unless on occasions of great emergency, consent to exercise. The willful
+use of such powers, if continued through a period of years, would have
+endangered the purity of the general administration and the liberties of
+the States which remained loyal.
+
+Besides, the policy of military rule over a conquered territory would
+have implied that the States whose inhabitants may have taken part in
+the rebellion had by the act of those inhabitants ceased to exist. But
+the true theory is that all pretended acts of secession were from the
+beginning null and void. The States can not commit treason nor screen
+the individual citizens who may have committed treason any more than
+they can make valid treaties or engage in lawful commerce with any
+foreign power. The States attempting to secede placed themselves in a
+condition where their vitality was impaired, but not extinguished; their
+functions suspended, but not destroyed.
+
+But if any State neglects or refuses to perform its offices there is the
+more need that the General Government should maintain all its authority
+and as soon as practicable resume the exercise of all its functions.
+On this principle I have acted, and have gradually and quietly, and by
+almost imperceptible steps, sought to restore the rightful energy of the
+General Government and of the States. To that end provisional governors
+have been appointed for the States, conventions called, governors
+elected, legislatures assembled, and Senators and Representatives chosen
+to the Congress of the United States. At the same time the courts of the
+United States, as far as could be done, have been reopened, so that the
+laws of the United States may be enforced through their agency. The
+blockade has been removed and the custom-houses reestablished in ports
+of entry, so that the revenue of the United States may be collected. The
+Post-Office Department renews its ceaseless activity, and the General
+Government is thereby enabled to communicate promptly with its officers
+and agents. The courts bring security to persons and property; the
+opening of the ports invites the restoration of industry and commerce;
+the post-office renews the facilities of social intercourse and of
+business. And is it not happy for us all that the restoration of each
+one of these functions of the General Government brings with it a
+blessing to the States over which they are extended? Is it not a sure
+promise of harmony and renewed attachment to the Union that after all
+that has happened the return of the General Government is known only as
+a beneficence?
+
+I know very well that this policy is attended with some risk; that for
+its success it requires at least the acquiescence of the States which it
+concerns; that it implies an invitation to those States, by renewing
+their allegiance to the United States, to resume their functions as
+States of the Union. But it is a risk that must be taken. In the choice
+of difficulties it is the smallest risk; and to diminish and if possible
+to remove all danger, I have felt it incumbent on me to assert one other
+power of the General Government--the power of pardon. As no State can
+throw a defense over the crime of treason, the power of pardon is
+exclusively vested in the executive government of the United States. In
+exercising that power I have taken every precaution to connect it with
+the clearest recognition of the binding force of the laws of the United
+States and an unqualified acknowledgment of the great social change of
+condition in regard to slavery which has grown out of the war.
+
+The next step which I have taken to restore the constitutional relations
+of the States has been an invitation to them to participate in the high
+office of amending the Constitution. Every patriot must wish for a
+general amnesty at the earliest epoch consistent with public safety. For
+this great end there is need of a concurrence of all opinions and the
+spirit of mutual conciliation. All parties in the late terrible conflict
+must work together in harmony. It is not too much to ask, in the name of
+the whole people, that on the one side the plan of restoration shall
+proceed in conformity with a willingness to cast the disorders of the
+past into oblivion, and that on the other the evidence of sincerity in
+the future maintenance of the Union shall be put beyond any doubt by the
+ratification of the proposed amendment to the Constitution, which
+provides for the abolition of slavery forever within the limits of our
+country. So long as the adoption of this amendment is delayed, so long
+will doubt and jealousy and uncertainty prevail. This is the measure
+which will efface the sad memory of the past: this is the measure which
+will most certainly call population and capital and security to those
+parts of the Union that need them most. Indeed, it is not too much to
+ask of the States which are now resuming their places in the family of
+the Union to give this pledge of perpetual loyalty and peace. Until it
+is done the past, however much we may desire it, will not be forgotten.
+The adoption of the amendment reunites us beyond all power of
+disruption; it heals the wound that is still imperfectly closed; it
+removes slavery, the element which has so long perplexed and divided the
+country; it makes of us once more a united people, renewed and
+strengthened, bound more than ever to mutual affection and support.
+
+The amendment to the Constitution being adopted, it would remain for the
+States whose powers have been so long in abeyance to resume their places
+in the two branches of the National Legislature, and thereby complete
+the work of restoration. Here it is for you, fellow-citizens of the
+Senate, and for you, fellow-citizens of the House of Representatives,
+to judge, each of you for yourselves, of the elections, returns, and
+qualifications of your own members.
+
+The full assertion of the powers of the General Government requires the
+holding of circuit courts of the United States within the districts
+where their authority has been interrupted. In the present posture of
+our public affairs strong objections have been urged to holding those
+courts in any of the States where the rebellion has existed; and it was
+ascertained by inquiry that the circuit court of the United States would
+not be held within the district of Virginia during the autumn or early
+winter, nor until Congress should have "an opportunity to consider and
+act on the whole subject." To your deliberations the restoration of
+this branch of the civil authority of the United States is therefore
+necessarily referred, with the hope that early provision will be made
+for the resumption of all its functions. It is manifest that treason,
+most flagrant in character, has been committed. Persons who are charged
+with its commission should have fair and impartial trials in the highest
+civil tribunals of the country, in order that the Constitution and the
+laws may be fully vindicated, the truth clearly established and affirmed
+that treason is a crime, that traitors should be punished and the
+offense made infamous, and, at the same time, that the question may be
+judicially settled, finally and forever, that no State of its own will
+has the right to renounce its place in the Union.
+
+The relations of the General Government toward the 4,000,000 inhabitants
+whom the war has called into freedom have engaged my most serious
+consideration. On the propriety of attempting to make the freed-men
+electors by the proclamation of the Executive I took for my counsel the
+Constitution itself, the interpretations of that instrument by its
+authors and their contemporaries, and recent legislation by Congress.
+When at the first movement toward independence, the Congress of the
+United States instructed the several States to institute governments of
+their own, they left each State to decide for itself the conditions for
+the enjoyment of the elective franchise. During the period of the
+Confederacy there continued to exist a very great diversity in the
+qualifications of electors in the several States, and even within a
+State a distinction of qualifications prevailed with regard to the
+officers who were to be chosen. The Constitution of the United States
+recognizes these diversities when it enjoins that in the choice of
+members of the House of Representatives of the United States "the
+electors in each State shall have the qualifications requisite for
+electors of the most numerous branch of the State legislature." After
+the formation of the Constitution it remained, as before, the uniform
+usage for each State to enlarge the body of its electors according to
+its own judgment, and under this system one State after another has
+proceeded to increase the number of its electors, until now universal
+suffrage, or something very near it, is the general rule. So fixed was
+this reservation of power in the habits of the people and so
+unquestioned has been the interpretation of the Constitution that during
+the civil war the late President never harbored the purpose--certainly
+never avowed the purpose--of disregarding it; and in the acts of
+Congress during that period nothing can be found which, during the
+continuance of hostilities, much less after their close, would have
+sanctioned any departure by the Executive from a policy which has so
+uniformly obtained. Moreover, a concession of the elective franchise to
+the freedmen by act of the President of the United States must have been
+extended to all colored men, wherever found, and so must have
+established a change of suffrage in the Northern, Middle, and Western
+States, not less than in the Southern and Southwestern. Such an act
+would have created a new class of voters, and would have been an
+assumption of power by the President which nothing in the Constitution
+or laws of the United States would have warranted.
+
+On the other hand, every danger of conflict is avoided when the
+settlement of the question is referred to the several States. They can,
+each for itself, decide on the measure, and whether it is to be adopted
+at once and absolutely or introduced gradually and with conditions. In
+my judgment the freedmen, if they show patience and manly virtues, will
+sooner obtain a participation in the elective franchise through the
+States than through the General Government, even if it had power to
+intervene. When the tumult of emotions that have been raised by the
+suddenness of the social change shall have subsided, it may prove that
+they will receive the kindest usage from some of those on whom they have
+heretofore most closely depended.
+
+But while I have no doubt that now, after the close of the war, it
+is not competent for the General Government to extend the elective
+franchise in the several States, it is equally clear that good faith
+requires the security of the freedmen in their liberty and their
+property, their right to labor, and their right to claim the just return
+of their labor. I can not too strongly urge a dispassionate treatment
+of this subject, which should be carefully kept aloof from all party
+strife. We must equally avoid hasty assumptions of any natural
+impossibility for the two races to live side by side in a state of
+mutual benefit and good will. The experiment involves us in no
+inconsistency; let us, then, go on and make that experiment in good
+faith, and not be too easily disheartened. The country is in need of
+labor, and the freedmen are in need of employment, culture, and
+protection. While their right of voluntary migration and expatriation
+is not to be questioned, I would not advise their forced removal and
+colonization. Let us rather encourage them to honorable and useful
+industry, where it may be beneficial to themselves and to the country;
+and, instead of hasty anticipations of the certainty of failure,
+let there be nothing wanting to the fair trial of the experiment.
+The change in their condition is the substitution of labor by contract
+for the status of slavery. The freedman can not fairly be accused of
+unwillingness to work so long as a doubt remains about his freedom
+of choice in his pursuits and the certainty of his recovering his
+stipulated wages. In this the interests of the employer and the employed
+coincide. The employer desires in his workmen spirit and alacrity, and
+these can be permanently secured in no other way. And if the one ought
+to be able to enforce the contract, so ought the other. The public
+interest will be best promoted if the several States will provide
+adequate protection and remedies for the freedmen. Until this is in some
+way accomplished there is no chance for the advantageous use of their
+labor, and the blame of ill success will not rest on them.
+
+I know that sincere philanthropy is earnest for the immediate
+realization of its remotest aims; but time is always an element in
+reform. It is one of the greatest acts on record to have brought
+4,000,000 people into freedom. The career of free industry must be
+fairly opened to them, and then their future prosperity and condition
+must, after all, rest mainly on themselves. If they fail, and so perish
+away, let us be careful that the failure shall not be attributable to
+any denial of justice. In all that relates to the destiny of the
+freedmen we need not be too anxious to read the future; many incidents
+which, from a speculative point of view, might raise alarm will quietly
+settle themselves. Now that slavery is at an end, or near its end, the
+greatness of its evil in the point of view of public economy becomes
+more and more apparent. Slavery was essentially a monopoly of labor, and
+as such locked the States where it prevailed against the incoming of
+free industry. Where labor was the property of the capitalist, the white
+man was excluded from employment, or had but the second best chance of
+finding it; and the foreign emigrant turned away from the region where
+his condition would be so precarious. With the destruction of the
+monopoly free labor will hasten from all parts of the civilized world to
+assist in developing various and immeasurable resources which have
+hitherto lain dormant. The eight or nine States nearest the Gulf of
+Mexico have a soil of exuberant fertility, a climate friendly to long
+life, and can sustain a denser population than is found as yet in any
+part of our country. And the future influx of population to them will
+be mainly from the North or from the most cultivated nations in Europe.
+From the sufferings that have attended them during our late struggle let
+us look away to the future, which is sure to be laden for them with
+greater prosperity than has ever before been known. The removal of the
+monopoly of slave labor is a pledge that those regions will be peopled
+by a numerous and enterprising population, which will vie with any in
+the Union in compactness, inventive genius, wealth, and industry.
+
+Our Government springs from and was made for the people--not the people
+for the Government. To them it owes allegiance; from them it must derive
+its courage, strength, and wisdom. But while the Government is thus
+bound to defer to the people, from whom it derives its existence, it
+should, from the very consideration of its origin, be strong in its
+power of resistance to the establishment of inequalities. Monopolies,
+perpetuities, and class legislation are contrary to the genius of free
+government, and ought not to be allowed. Here there is no room for
+favored classes or monopolies; the principle of our Government is that
+of equal laws and freedom of industry. Wherever monopoly attains a
+foothold, it is sure to be a source of danger, discord, and trouble. We
+shall but fulfill our duties as legislators by according "equal and
+exact justice to all men," special privileges to none. The Government is
+subordinate to the people; but, as the agent and representative of the
+people, it must be held superior to monopolies, which in themselves
+ought never to be granted, and which, where they exist, must be
+subordinate and yield to the Government.
+
+The Constitution confers on Congress the right to regulate commerce
+among the several States. It is of the first necessity, for the
+maintenance of the Union, that that commerce should be free and
+unobstructed. No State can be justified in any device to tax the transit
+of travel and commerce between States. The position of many States is
+such that if they were allowed to take advantage of it for purposes of
+local revenue the commerce between States might be injuriously burdened,
+or even virtually prohibited. It is best, while the country is still
+young and while the tendency to dangerous monopolies of this kind is
+still feeble, to use the power of Congress so as to prevent any selfish
+impediment to the free circulation of men and merchandise. A tax on
+travel and merchandise in their transit constitutes one of the worst
+forms of monopoly, and the evil is increased if coupled with a denial of
+the choice of route. When the vast extent of our country is considered,
+it is plain that every obstacle to the free circulation of commerce
+between the States ought to be sternly guarded against by appropriate
+legislation within the limits of the Constitution.
+
+The report of the Secretary of the Interior explains the condition of
+the public lands, the transactions of the Patent Office and the Pension
+Bureau, the management of our Indian affairs, the progress made in the
+construction of the Pacific Railroad, and furnishes information in
+reference to matters of local interest in the District of Columbia. It
+also presents evidence of the successful operation of the homestead act,
+under the provisions of which 1,160,533 acres of the public lands were
+entered during the last fiscal year--more than one-fourth of the whole
+number of acres sold or otherwise disposed of during that period. It is
+estimated that the receipts derived from this source are sufficient to
+cover the expenses incident to the survey and disposal of the lands
+entered under this act, and that payments in cash to the extent of from
+40 to 50 per cent will be made by settlers who may thus at any time
+acquire title before the expiration of the period at which it would
+otherwise vest. The homestead policy was established only after long and
+earnest resistance; experience proves its wisdom. The lands in the hands
+of industrious settlers, whose labor creates wealth and contributes to
+the public resources, are worth more to the United States than if they
+had been reserved as a solitude for future purchasers.
+
+The lamentable events of the last four years and the sacrifices made by
+the gallant men of our Army and Navy have swelled the records of the
+Pension Bureau to an unprecedented extent. On the 30th day of June last
+the total number of pensioners was 85,986, requiring for their annual
+pay, exclusive of expenses, the sum of $8,023,445. The number of
+applications that have been allowed since that date will require a large
+increase of this amount for the next fiscal year, The means for the
+payment of the stipends due under existing laws to our disabled soldiers
+and sailors and to the families of such as have perished in the service
+of the country will no doubt be cheerfully and promptly granted.
+A grateful people will not hesitate to sanction any measures having
+for their object the relief of soldiers mutilated and families made
+fatherless in the efforts to preserve our national existence.
+
+The report of the Postmaster-General presents an encouraging exhibit
+of the operations of the Post-Office Department during the year. The
+revenues of the past year, from the loyal States alone, exceeded the
+maximum annual receipts from all the States previous to the rebellion
+in the sum of $6,038,091; and the annual average increase of revenue
+during the last four years, compared with the revenues of the four
+years immediately preceding the rebellion, was $3,533,845. The revenues
+of the last fiscal year amounted to $14,556,158 and the expenditures
+to $13,694,728, leaving a surplus of receipts over expenditures of
+$861,430. Progress has been made in restoring the postal service in the
+Southern States. The views presented by the Postmaster-General against
+the policy of granting subsidies to the ocean mail steamship lines upon
+established routes and in favor of continuing the present system, which
+limits the compensation for ocean service to the postage earnings, are
+recommended to the careful consideration of Congress.
+
+It appears from the report of the Secretary of the Navy that while at
+the commencement of the present year there were in commission 530
+vessels of all classes and descriptions, armed with 3,000 guns and
+manned by 51,000 men, the number of vessels at present in commission is
+117, with 830 guns and 12,128 men. By this prompt reduction of the naval
+forces the expenses of the Government have been largely diminished, and
+a number of vessels purchased for naval purposes from the merchant
+marine have been returned to the peaceful pursuits of commerce. Since
+the suppression of active hostilities our foreign squadrons have been
+reestablished, and consist of vessels much more efficient than those
+employed on similar service previous to the rebellion. The suggestion
+for the enlargement of the navy-yards, and especially for the
+establishment of one in fresh water for ironclad vessels, is deserving
+of consideration, as is also the recommendation for a different location
+and more ample grounds for the Naval Academy.
+
+In the report of the Secretary of War a general summary is given of the
+military campaigns of 1864 and 1865, ending in the suppression of armed
+resistance to the national authority in the insurgent States. The
+operations of the general administrative bureaus of the War Department
+during the past year are detailed and an estimate made of the
+appropriations that will be required for military purposes in the fiscal
+year commencing the 1st day of July, 1866. The national military force
+on the 1st of May, 1865, numbered 1,000,516 men. It is proposed to
+reduce the military establishment to a peace footing, comprehending
+50,000 troops of all arms, organized so as to admit of an enlargement
+by filling up the ranks to 82,600 if the circumstances of the country
+should require an augmentation of the Army. The volunteer force has
+already been reduced by the discharge from service of over 800,000
+troops, and the Department is proceeding rapidly in the work of further
+reduction. The war estimates are reduced from $516,240,131 to
+$33,814,461, which amount, in the opinion of the Department, is adequate
+for a peace establishment. The measures of retrenchment in each bureau
+and branch of the service exhibit a diligent economy worthy of
+commendation. Reference is also made in the report to the necessity of
+providing for a uniform militia system and to the propriety of making
+suitable provision for wounded and disabled officers and soldiers.
+
+The revenue system of the country is a subject of vital interest to its
+honor and prosperity, and should command the earnest consideration of
+Congress. The Secretary of the Treasury will lay before you a full and
+detailed report of the receipts and disbursements of the last fiscal
+year, of the first quarter of the present fiscal year, of the probable
+receipts and expenditures for the other three quarters, and the
+estimates for the year following the 30th of June, 1866. I might content
+myself with a reference to that report, in which you will find all the
+information required for your deliberations and decision, but the
+paramount importance of the subject so presses itself on my own mind
+that I can not but lay before you my views of the measures which are
+required for the good character, and I might almost say for the
+existence, of this people. The life of a republic lies certainly in the
+energy, virtue, and intelligence of its citizens; but it is equally true
+that a good revenue system is the life of an organized government. I
+meet you at a time when the nation has voluntarily burdened itself with
+a debt unprecedented in our annals. Vast as is its amount, it fades away
+into nothing when compared with the countless blessings that will be
+conferred upon our country and upon man by the preservation of the
+nation's life. Now, on the first occasion of the meeting of Congress
+since the return of peace, it is of the utmost importance to inaugurate
+a just policy, which shall at once be put in motion, and which shall
+commend itself to those who come after us for its continuance. We must
+aim at nothing less than the complete effacement of the financial evils
+that necessarily followed a state of civil war. We must endeavor to
+apply the earliest remedy to the deranged state of the currency, and not
+shrink from devising a policy which, without being oppressive to the
+people, shall immediately begin to effect a reduction of the debt, and,
+if persisted in, discharge it fully within a definitely fixed number of
+years.
+
+It is our first duty to prepare in earnest for our recovery from the
+ever-increasing evils of an irredeemable currency without a sudden
+revulsion, and yet without untimely procrastination. For that end we
+must each, in our respective positions, prepare the way. I hold it the
+duty of the Executive to insist upon frugality in the expenditures, and
+a sparing economy is itself a great national resource. Of the banks to
+which authority has been given to issue notes secured by bonds of the
+United States we may require the greatest moderation and prudence, and
+the law must be rigidly enforced when its limits are exceeded. We may
+each one of us counsel our active and enterprising countrymen to be
+constantly on their guard, to liquidate debts contracted in a paper
+currency, and by conducting business as nearly as possible on a system
+of cash payments or short credits to hold themselves prepared to return
+to the standard of gold and silver. To aid our fellow-citizens in the
+prudent management of their monetary affairs, the duty devolves on us to
+diminish by law the amount of paper money now in circulation. Five years
+ago the bank-note circulation of the country amounted to not much more
+than two hundred millions; now the circulation, bank and national,
+exceeds seven hundred millions. The simple statement of the fact
+recommends more strongly than any words of mine could do the necessity
+of our restraining this expansion. The gradual reduction of the currency
+is the only measure that can save the business of the country from
+disastrous calamities, and this can be almost imperceptibly accomplished
+by gradually funding the national circulation in securities that may be
+made redeemable at the pleasure of the Government.
+
+Our debt is doubly secure--first in the actual wealth and still greater
+undeveloped resources of the country, and next in the character of our
+institutions. The most intelligent observers among political economists
+have not failed to remark that the public debt of a country is safe in
+proportion as its people are free; that the debt of a republic is the
+safest of all. Our history confirms and establishes the theory, and is,
+I firmly believe, destined to give it a still more signal illustration.
+The secret of this superiority springs not merely from the fact that in
+a republic the national obligations are distributed more widely through
+countless numbers in all classes of society; it has its root in the
+character of our laws. Here all men contribute to the public welfare and
+bear their fair share of the public burdens. During the war, under the
+impulses of patriotism, the men of the great body of the people, without
+regard to their own comparative want of wealth, thronged to our armies
+and filled our fleets of war, and held themselves ready to offer their
+lives for the public good. Now, in their turn, the property and income
+of the country should bear their just proportion of the burden of
+taxation, while in our impost system, through means of which increased
+vitality is incidentally imparted to all the industrial interests of
+the nation, the duties should be so adjusted as to fall most heavily
+on articles of luxury, leaving the necessaries of life as free from
+taxation as the absolute wants of the Government economically
+administered will justify. No favored class should demand freedom from
+assessment, and the taxes should be so distributed as not to fall unduly
+on the poor, but rather on the accumulated wealth of the country. We
+should look at the national debt just as it is--not as a national
+blessing, but as a heavy burden on the industry of the country, to be
+discharged without unnecessary delay.
+
+It is estimated by the Secretary of the Treasury that the expenditures
+for the fiscal year ending the 30th of June, 1866, will exceed the
+receipts $112,194,947. It is gratifying, however, to state that it is
+also estimated that the revenue for the year ending the 30th of June,
+1867, will exceed the expenditures in the sum of $111,682,818. This
+amount, or so much as may be deemed sufficient for the purpose, may be
+applied to the reduction of the public debt, which on the 31st day of
+October, 1865, was $2,740,854,750. Every reduction will diminish the
+total amount of interest to be paid, and so enlarge the means of still
+further reductions, until the whole shall be liquidated; and this, as
+will be seen from the estimates of the Secretary of the Treasury, may be
+accomplished by annual payments even within a period not exceeding
+thirty years. I have faith that we shall do all this within a reasonable
+time; that as we have amazed the world by the suppression of a civil war
+which was thought to be beyond the control of any government, so we
+shall equally show the superiority of our institutions by the prompt and
+faithful discharge of our national obligations.
+
+The Department of Agriculture under its present direction is
+accomplishing much in developing and utilizing the vast agricultural
+capabilities of the country, and for information respecting the details
+of its management reference is made to the annual report of the
+Commissioner.
+
+I have dwelt thus fully on our domestic affairs because of their
+transcendent importance. Under any circumstances our great extent of
+territory and variety of climate, producing almost everything that is
+necessary for the wants and even the comforts of man, make us singularly
+independent of the varying policy of foreign powers and protect us
+against every temptation to "entangling alliances," while at the present
+moment the reestablishment of harmony and the strength that comes from
+harmony will be our best security against "nations who feel power and
+forget right." For myself, it has been and it will be my constant aim to
+promote peace and amity with all foreign nations and powers, and I have
+every reason to believe that they all, without exception, are animated
+by the same disposition. Our relations with the Emperor of China, so
+recent in their origin, are most friendly. Our commerce with his
+dominions is receiving new developments, and it is very pleasing to find
+that the Government of that great Empire manifests satisfaction with our
+policy and reposes just confidence in the fairness which marks our
+intercourse. The unbroken harmony between the United States and the
+Emperor of Russia is receiving a new support from an enterprise designed
+to carry telegraphic lines across the continent of Asia, through his
+dominions, and so to connect us with all Europe by a new channel of
+intercourse. Our commerce with South America is about to receive
+encouragement by a direct line of mail steamships to the rising Empire
+of Brazil. The distinguished party of men of science who have recently
+left our country to make a scientific exploration of the natural history
+and rivers and mountain ranges of that region have received from the
+Emperor that generous welcome which was to have been expected from his
+constant friendship for the United States and his well-known zeal in
+promoting the advancement of knowledge. A hope is entertained that our
+commerce with the rich and populous countries that border the
+Mediterranean Sea may be largely increased. Nothing will be wanting on
+the part of this Government to extend the protection of our flag over
+the enterprise of our fellow-citizens. We receive from the powers in
+that region assurances of good will; and it is worthy of note that a
+special envoy has brought us messages of condolence on the death of our
+late Chief Magistrate from the Bey of Tunis, whose rule includes the old
+dominions of Carthage, on the African coast.
+
+Our domestic contest, now happily ended, has left some traces in our
+relations with one at least of the great maritime powers. The formal
+accordance of belligerent rights to the insurgent States was
+unprecedented, and has not been justified by the issue. But in the
+systems of neutrality pursued by the powers which made that concession
+there was a marked difference. The materials of war for the insurgent
+States were furnished, in a great measure, from the workshops of Great
+Britain, and British ships, manned by British subjects and prepared for
+receiving British armaments, sallied from the ports of Great Britain to
+make war on American commerce under the shelter of a commission from the
+insurgent States. These ships, having once escaped from British ports,
+ever afterwards entered them in every part of the world to refit, and so
+to renew their depredations. The consequences of this conduct were most
+disastrous to the States then in rebellion, increasing their desolation
+and misery by the prolongation of our civil contest. It had, moreover,
+the effect, to a great extent, to drive the American flag from the sea,
+and to transfer much of our shipping and our commerce to the very power
+whose subjects had created the necessity for such a change. These events
+took place before I was called to the administration of the Government.
+The sincere desire for peace by which I am animated led me to approve
+the proposal, already made, to submit the question which had thus arisen
+between the countries to arbitration. These questions are of such moment
+that they must have commanded the attention of the great powers, and are
+so interwoven with the peace and interests of every one of them as to
+have insured an impartial decision. I regret to inform you that Great
+Britain declined the arbitrament, but, on the other hand, invited us to
+the formation of a joint commission to settle mutual claims between the
+two countries, from which those for the depredations before mentioned
+should be excluded. The proposition, in that very unsatisfactory form,
+has been declined.
+
+The United States did not present the subject as an impeachment of the
+good faith of a power which was professing the most friendly
+dispositions, but as involving questions of public law of which the
+settlement is essential to the peace of nations; and though pecuniary
+reparation to their injured citizens would have followed incidentally
+on a decision against Great Britain, such compensation was not their
+primary object. They had a higher motive, and it was in the interests of
+peace and justice to establish important principles of international
+law. The correspondence will be placed before you. The ground on which
+the British minister rests his justification is, substantially, that the
+municipal law of a nation and the domestic interpretations of that law
+are the measure of its duty as a neutral, and I feel bound to declare my
+opinion before you and before the world that that justification can not
+be sustained before the tribunal of nations. At the same time, I do not
+advise to any present attempt at redress by acts of legislation. For the
+future, friendship between the two countries must rest on the basis of
+mutual justice.
+
+From the moment of the establishment of our free Constitution the
+civilized world has been convulsed by revolutions in the interests of
+democracy or of monarchy, but through all those revolutions the United
+States have wisely and firmly refused to become propagandists of
+republicanism. It is the only government suited to our condition; but
+we have never sought to impose it on others, and we have consistently
+followed the advice of Washington to recommend it only by the careful
+preservation and prudent use of the blessing. During all the intervening
+period the policy of European powers and of the United States has, on
+the whole, been harmonious. Twice, indeed, rumors of the invasion of
+some parts of America in the interest of monarchy have prevailed; twice
+my predecessors have had occasion to announce the views of this nation
+in respect to such interference. On both occasions the remonstrance of
+the United States was respected from a deep conviction on the part of
+European Governments that the system of noninterference and mutual
+abstinence from propagandism was the true rule for the two hemispheres.
+Since those times we have advanced in wealth and power, but we retain
+the same purpose to leave the nations of Europe to choose their own
+dynasties and form their own systems of government. This consistent
+moderation may justly demand a corresponding moderation. We should
+regard it as a great calamity to ourselves, to the cause of good
+government, and to the peace of the world should any European power
+challenge the American people, as it were, to the defense of
+republicanism against foreign interference. We can not foresee and are
+unwilling to consider what opportunities might present themselves, what
+combinations might offer to protect ourselves against designs inimical
+to our form of government. The United States desire to act in the
+future as they have ever acted heretofore; they never will be driven
+from that course but by the aggression of European powers, and we
+rely on the wisdom and justice of those powers to respect the system of
+noninterference which has so long been sanctioned by time, and which by
+its good results has approved itself to both continents.
+
+The correspondence between the United States and France in reference to
+questions which have become subjects of discussion between the two
+Governments will at a proper time be laid before Congress.
+
+When, on the organization of our Government under the Constitution, the
+President of the United States delivered his inaugural address to the
+two Houses of Congress, he said to them, and through them to the country
+and to mankind, that--
+
+ The preservation of the sacred fire of liberty and the destiny of the
+ republican model of government are justly considered, perhaps, as
+ _deeply_, as _finally_, staked on the experiment intrusted to the hands
+ of the American people.
+
+
+And the House of Representatives answered Washington by the voice of
+Madison:
+
+ We adore the Invisible Hand which has led the American people, through
+ so many difficulties, to cherish a conscious responsibility for the
+ destiny of republican liberty.
+
+
+More than seventy-six years have glided away since these words were
+spoken; the United States have passed through severer trials than were
+foreseen; and now, at this new epoch in our existence as one nation,
+with our Union purified by sorrows and strengthened by conflict and
+established by the virtue of the people, the greatness of the occasion
+invites us once more to repeat with solemnity the pledges of our fathers
+to hold ourselves answerable before our fellow-men for the success of
+the republican form of government. Experience has proved its sufficiency
+in peace and in war; it has vindicated its authority through dangers and
+afflictions, and sudden and terrible emergencies, which would have
+crushed any system that had been less firmly fixed in the hearts of the
+people. At the inauguration of Washington the foreign relations of the
+country were few and its trade was repressed by hostile regulations; now
+all the civilized nations of the globe welcome our commerce, and their
+governments profess toward us amity. Then our country felt its way
+hesitatingly along an untried path, with States so little bound together
+by rapid means of communication as to be hardly known to one another,
+and with historic traditions extending over very few years; now
+intercourse between the States is swift and intimate; the experience of
+centuries has been crowded into a few generations, and has created an
+intense, indestructible nationality. Then our jurisdiction did not reach
+beyond the inconvenient boundaries of the territory which had achieved
+independence; now, through cessions of lands, first colonized by Spain
+and France, the country has acquired a more complex character, and has
+for its natural limits the chain of lakes, the Gulf of Mexico, and on
+the east and the west the two great oceans. Other nations were wasted by
+civil wars for ages before they could establish for themselves the
+necessary degree of unity; the latent conviction that our form of
+government is the best ever known to the world has enabled us to emerge
+from civil war within four years with a complete vindication of the
+constitutional authority of the General Government and with our local
+liberties and State institutions unimpaired.
+
+The throngs of emigrants that crowd to our shores are witnesses of the
+confidence of all peoples in our permanence. Here is the great land of
+free labor, where industry is blessed with unexampled rewards and the
+bread of the workingman is sweetened by the consciousness that the cause
+of the country "is his own cause, his own safety, his own dignity." Here
+everyone enjoys the free use of his faculties and the choice of activity
+as a natural right. Here, under the combined influence of a fruitful
+soil, genial climes, and happy institutions, population has increased
+fifteen-fold within a century. Here, through the easy development of
+boundless resources, wealth has increased with twofold greater rapidity
+than numbers, so that we have become secure against the financial
+vicissitudes of other countries and, alike in business and in opinion,
+are self-centered and truly independent. Here more and more care is
+given to provide education for everyone born on our soil. Here religion,
+released from political connection with the civil government, refuses to
+subserve the craft of statesmen, and becomes in its independence the
+spiritual life of the people. Here toleration is extended to every
+opinion, in the quiet certainty that truth needs only a fair field to
+secure the victory. Here the human mind goes forth unshackled in the
+pursuit of science, to collect stores of knowledge and acquire an
+ever-increasing mastery over the forces of nature. Here the national
+domain is offered and held in millions of separate freeholds, so that
+our fellow-citizens, beyond the occupants of any other part of the
+earth, constitute in reality a people. Here exists the democratic form
+of government; and that form of government, by the confession of
+European statesmen, "gives a power of which no other form is capable,
+because it incorporates every man with the state and arouses everything
+that belongs to the soul."
+
+Where in past history does a parallel exist to the public happiness
+which is within the reach of the people of the United States? Where in
+any part of the globe can institutions be found so suited to their
+habits or so entitled to their love as their own free Constitution?
+Every one of them, then, in whatever part of the land he has his home,
+must wish its perpetuity. Who of them will not now acknowledge, in the
+words of Washington, that "every step by which the people of the United
+States have advanced to the character of an independent nation seems to
+have been distinguished by some token of providential agency"? Who will
+not join with me in the prayer that the Invisible Hand which has led us
+through the clouds that gloomed around our path will so guide us onward
+to a perfect restoration of fraternal affection that we of this day may
+be able to transmit our great inheritance of State governments in all
+their rights, of the General Government in its whole constitutional
+vigor, to our posterity, and they to theirs through countless
+generations?
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 11, 1865_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit a report of this date from the Secretary of State, and the
+papers referred to therein, concerning the Universal Exposition to be
+held at Paris in the year 1867, in which the United States have been
+invited by the Government of France to take part. I commend the subject
+to your early and favorable consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 13, 1865_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 11th instant,
+requesting information on the subject of a decree of the so-called
+Emperor of Mexico of the 3d of October last, I transmit a report from
+the Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1865_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+11th instant, requesting information relative to a so-called decree
+concerning the reestablishment of slavery or peonage in the Republic
+of Mexico, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 18, 1865_.
+
+_To the Senate and House of Representatives of the United States_:
+
+In compliance with the requirements of the third section of the act
+approved March 3, 1865, I transmit herewith a communication from the
+Secretary of War, with the accompanying report and estimates of the
+Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 18, 1865_.
+
+_To the Senate of the United States_:
+
+In reply to the resolution adopted by the Senate on the 12th instant,
+I have the honor to state that the rebellion waged by a portion of the
+people against the properly constituted authority of the Government of
+the United States has been suppressed; that the United States are in
+possession of every State in which the insurrection existed, and that,
+as far as it could be done, the courts of the United States have been
+restored, post-offices reestablished, and steps taken to put into
+effective operation the revenue laws of the country.
+
+As the result of the measures instituted by the Executive with the view
+of inducing a resumption of the functions of the States comprehended in
+the inquiry of the Senate, the people of North Carolina, South Carolina,
+Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee have
+reorganized their respective State governments, and "are yielding
+obedience to the laws and Government of the United States" with more
+willingness and greater promptitude than under the circumstances could
+reasonably have been anticipated. The proposed amendment to the
+Constitution, providing for the abolition of slavery forever within the
+limits of the country, has been ratified by each one of those States,
+with the exception of Mississippi, from which no official information
+has been received, and in nearly all of them measures have been adopted
+or are now pending to confer upon freedmen the privileges which are
+essential to their comfort, protection, and security. In Florida and
+Texas the people are making commendable progress in restoring their
+State governments, and no doubt is entertained that they will at an
+early period be in a condition to resume all of their practical
+relations with the General Government.
+
+In "that portion of the Union lately in rebellion" the aspect of affairs
+is more promising than, in view of all the circumstances, could well
+have been expected. The people throughout the entire South evince a
+laudable desire to renew their allegiance to the Government and to
+repair the devastations of war by a prompt and cheerful return to
+peaceful pursuits, and abiding faith is entertained that their actions
+will conform to their professions, and that in acknowledging the
+supremacy of the Constitution and laws of the United States their
+loyalty will be unreservedly given to the Government, whose leniency
+they can not fail to appreciate and whose fostering care will soon
+restore them to a condition of prosperity. It is true that in some of
+the States the demoralizing effects of the war are to be seen in
+occasional disorders; but these are local in character, not frequent in
+occurrence, and are rapidly disappearing as the authority of civil law
+is extended and sustained. Perplexing questions are naturally to be
+expected from the great and sudden change in the relations between the
+two races; but systems are gradually developing themselves under which
+the freedman will receive the protection to which he is justly entitled,
+and, by means of his labor, make himself a useful and independent member
+in the community in which he has a home.
+
+From all the information in my possession and from that which I have
+recently derived from the most reliable authority I am induced to
+cherish the belief that sectional animosity is surely and rapidly
+merging itself into a spirit of nationality, and that representation,
+connected with a properly adjusted system of taxation, will result in
+a harmonious restoration of the relation of the States to the National
+Union.
+
+The report of Carl Schurz is herewith transmitted, as requested by the
+Senate. No reports from the Hon. John Covode have been received by the
+President. The attention of the Senate is invited to the accompanying
+report from Lieutenant-General Grant, who recently made a tour of
+inspection through several of the States whose inhabitants participated
+in the rebellion.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 20, 1865_.
+
+_To the Senate of the United States_:
+
+In reply to the resolution of the Senate of the 19th instant, requesting
+that the President, if not inconsistent with the public service,
+communicate to the Senate the "report of General Howard of his
+observations of the condition of the seceded States and the operation of
+the Freedmen's Bureau therein," I have to state that the report of the
+Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands
+was yesterday transmitted to both Houses of Congress, as required by the
+third section of the act approved March 3, 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 21, 1865_.
+
+_To the Senate_:
+
+In compliance with the resolution of the Senate of the 11th instant,
+respecting the occupation by the French troops of the Republic of Mexico
+and the establishment of a monarchy there, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th ultimo,
+requesting information in regard to any plans to induce the immigration
+of dissatisfied citizens of the United States into Mexico, their
+organization there with the view to create disturbances in the United
+States, and especially in regard to the plans of Dr. William M. Gwin and
+M.F. Maury, and to the action taken by the Government of the United
+States to prevent the success of such schemes, I transmit a report from
+the Acting Secretary of State and the papers by which it was
+accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the Senate of the United States_:
+
+I have received the following preamble and resolution, adopted by the
+Senate on the 21st ultimo:
+
+ Whereas the Constitution declares that "in all criminal prosecutions
+ the accused shall enjoy the right of a speedy and public trial by an
+ impartial jury of the State or district wherein the crime shall have
+ been committed;" and
+
+ Whereas several months have elapsed since Jefferson Davis, late
+ president of the so-called Confederate States, was captured and confined
+ for acts notoriously done by him as such, which acts, if duly proved,
+ render him guilty of treason against the United States and liable to the
+ penalties thereof; and
+
+ Whereas hostilities between the Government of the United States and the
+ insurgents have ceased, and not one of the latter, so far as is known to
+ the Senate, is now held in confinement for the part he may have acted in
+ the rebellion except said Jefferson Davis: Therefore,
+
+ _Resolved_, That the President be respectfully requested, if compatible
+ with the public safety, to inform the Senate upon what charges or for
+ what reasons said Jefferson Davis is still held in confinement, and why
+ he has not been put upon his trial.
+
+
+In reply to the resolution I transmit the accompanying reports from the
+Secretary of War and the Attorney-General, and at the same time invite
+the attention of the Senate to that portion of my message dated the 4th
+day of December last which refers to Congress the questions connected
+with the holding of circuit courts of the United States within the
+districts where their authority has been interrupted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+the 18th ultimo, requesting information in regard to steps taken by the
+so-called Emperor of Mexico or by any European power to obtain from the
+United States a recognition of the so-called Empire of Mexico, and what
+action has been taken in the premises by the Government of the United
+States, I transmit a report from the Acting Secretary of State and the
+papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 10, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 8th
+instant, asking for information in regard to the alleged kidnaping in
+Mexico of the child of an American lady, I transmit a report from the
+Acting Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 12, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a communication addressed to me by Messrs. John
+Evans and J.B. Chaifee as "United States Senators elect from the State
+of Colorado," together with the accompanying documents.
+
+Under authority of the act of Congress approved the 21st day of
+March, 1864, the people of Colorado, through a convention, formed a
+constitution making provision for a State government, which, when
+submitted to the qualified voters of the Territory, was rejected.
+
+In the summer of 1865 a second convention was called by the executive
+committees of the several political parties in the Territory, which
+assembled at Denver on the 8th of August, 1865. On the 12th of that
+month this convention adopted a State constitution, which was submitted
+to the people on the 5th of September, 1865, and ratified by a majority
+of 155 of the qualified voters. The proceedings in the second instance
+for the formation of a State government having differed in time and mode
+from those specified in the act of March 21, 1864, I have declined to
+issue the proclamation for which provision is made in the fifth section
+of the law, and therefore submit the question for the consideration and
+further action of Congress.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE OFFICE, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the several treaties[5] with the Indians of the Southwest
+referred to in the accompanying communication from the Secretary of
+the Interior.
+
+ANDREW JOHNSON.
+
+[Footnote 5: With the confederated tribes of the Arapahoe and Cheyenne
+Indians, concluded October 14, 1865; with the Apache, Cheyenne, and
+Arapahoe tribes, respectively, concluded October 17, 1865; with the
+several bands of the Comanche tribe, concluded October 18, 1865.]
+
+
+
+EXECUTIVE OFFICE, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the several treaties with bands of the Sioux Nation of Indians
+which are referred to in the accompanying communication from the
+Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 20, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate herewith, for its constitutional action
+thereon, the treaties with the Omaha and Winnebago Indians referred to
+in the accompanying communication from the Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 11th instant,
+requesting information in regard to a negotiation for the transit of
+United States troops in 1861 through Mexican territory, I transmit a
+report from the Acting Secretary of State and the papers by which it
+was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and the Empire of
+Japan for the reduction of import duties, which was signed at Yedo the
+28th of January, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the Empire of Japan and the
+Governments of the United States, Great Britain, France, and Holland,
+providing for the payment to said Governments of the sum of $3,000,000
+for indemnities and expenses, which was signed by the respective parties
+at Yokohama on the 22d of October, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th instant,
+requesting the President "to communicate to the Senate, if in his
+opinion not inconsistent with the public interest, any letters from
+Major-General Sheridan, commanding the Military Division of the Gulf,
+or from any other officer of the Department of Texas, in regard to the
+present condition of affairs on the southeastern frontier of the United
+States, and especially in regard to any violation of neutrality on the
+part of the army now occupying the right bank of the Rio Grande,"
+I transmit herewith a report from the Secretary of War, bearing date
+the 24th instant.
+
+Concurring in his opinion that the publication of the correspondence
+at this time is not consistent with the public interest, the papers
+referred to in the accompanying report are for the present withheld.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+22d instant, requesting the communication of any correspondence or other
+information in regard to a demonstration by the Congress of the United
+States of Colombia, or any other country, in honor of President Juarez,
+of the Republic of Mexico, I transmit herewith a report from the Acting
+Secretary of State, with the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 8th
+instant, asking for information in regard to the reported surrender of
+the rebel pirate vessel called the _Shenandoah_, I transmit a report
+from the Acting Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1866_.
+
+_To the Senate and House of Representatives_:
+
+Believing that the commercial interests of our country would be promoted
+by a formal recognition of the independence of the Dominican Republic,
+while such a recognition would be in entire conformity with the settled
+policy of the United States, I have with that view nominated to the
+Senate an officer of the same grade with the one now accredited to the
+Republic of Hayti; and I recommend that an appropriation be made by
+Congress toward providing for his compensation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+10th ultimo, requesting information in regard to the organization in the
+city of New York of the "Imperial Mexican Express Company" under a grant
+from the so-called Emperor of Mexico, I transmit a report from the
+Secretary of State and the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 2, 1866_.
+
+_To the Senate of the United States_:
+
+The accompanying correspondence is transmitted to the Senate in
+compliance with its resolution of the 16th ultimo, requesting the
+President, "if not inconsistent with the public interest, to communicate
+to the Senate any correspondence which may have taken place between
+himself and any of the judges of the Supreme Court touching the holding
+of the civil courts of the United States in the insurrectionary States
+for the trial of crimes against the United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 2, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 30th ultimo, requesting
+the President, "if not incompatible with the public interests, to
+communicate to the Senate a copy of the late report of Major-General
+Sherman upon the condition of the States in his department, in which he
+has lately made a tour of inspection," I transmit herewith a copy of a
+communication, dated December 22, 1865, addressed to the Headquarters of
+the Army by Major-General Sherman, commanding the Military Division of
+the Mississippi.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the
+10th ultimo, requesting the President of the United States, "if not
+incompatible with the public interest, to communicate to the House
+any report or reports made by the Judge-Advocate-General or any other
+officer of the Government as to the grounds, facts, or accusations upon
+which Jefferson Davis, Clement C. Clay, jr., Stephen R. Mallory, and
+David L. Yulee, or either of them, are held in confinement," I transmit
+herewith reports from the Secretary of War and the Attorney-General,
+and concur in the opinion therein expressed that the publication of
+the papers called for by the resolution is not at the present time
+compatible with the public interest.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for the consideration of Congress, a correspondence between
+the Secretary of State and the minister of France accredited to this
+Government, and also other papers, relative to a proposed international
+conference at Constantinople upon the subject of cholera.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1866_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying report from the Secretary of War, in answer
+to the resolution of the House of Representatives of the 27th ultimo,
+requesting information in regard to the distribution of the rewards
+offered by the Government for the arrest of the assassins of the late
+President Lincoln.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 27th ultimo, I
+transmit, herewith a communication from the Secretary of War, together
+with the reports of the assistant commissioners of the Freedmen's Bureau
+made since December 1, 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolutions of the Senate of the 5th of January and
+27th of February last, requesting information in regard to provisional
+governors of States, I transmit reports from the Secretary of State and
+the Secretary of War, to whom the resolutions were referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 6, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon, a
+treaty with the Utah, Yampah-Ute, Pah-Vant, San-Pete-Ute, Tim-p-nogs,
+and Cum-um-bah bands of the Utah Indians, referred to in the
+accompanying papers from the Secretary of the Interior.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+12th of January last, requesting information in regard to provisional
+governments of certain States, I transmit a report from the Secretary
+of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, requesting certain information in relation to President Benito
+Juarez, of Mexico, I transmit a report from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 8, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate, a copy of a letter of
+the 21st ultimo from the governor of the Territory of Colorado to the
+Secretary of State, with the memorial to which it refers, relative to
+the location of the Pacific Railroad.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 12, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for your consideration, a copy of two communications from
+the minister of the United States at Paris, in regard to a proposed
+exhibition of fishery and water culture, to be held at Arcachon, near
+Bordeaux, in France, in July next.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 15, 1866_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th instant, upon the
+subject of the supposed kidnaping of colored persons in the Southern
+States for the purpose of selling them as slaves in Cuba, I transmit a
+report from the Secretary of State, to whom the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 19, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives dated
+January 5, 1866, requesting information as to the number of men and
+officers in the regular and volunteer service of the United States,
+I transmit a report from the Secretary of War, with the papers by which
+it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+11th of December last, requesting information upon the present condition
+of affairs in the Republic of Mexico, I transmit a report from the
+Secretary of State and the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon,
+a treaty made with the Great and Little Osage Indians on the 29th
+September, 1865, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action thereon, a
+treaty made with the Woll-pah-pe tribe of Snake Indians on the 12th of
+August, 1865, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 26, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a memorial of the legislature of Alabama,
+asking an extension of time for the completion of certain railroads in
+said State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 30, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate,
+a treaty negotiated with the Shawnee Indians, dated March 1, 1866,
+with supplemental article, dated March 14, 1866, with accompanying
+communications from the honorable Secretary of the Interior and
+Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 3, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report by the Secretary of War, in compliance with
+the Senate resolution of the 7th March, 1866, respecting the improvement
+of the Washington City Canal, to promote the health of the metropolis.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 3, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a communication from the Secretary of the Treasury, dated the
+22d ultimo, together with a letter addressed to him by the governor of
+Alabama, asking that the State of Alabama may be allowed to assume and
+pay in State bonds the direct tax now due from that State to the United
+States, or that delay of payment may be authorized until the State can
+by the sale of its bonds or by taxation make provision for the
+liquidation of the indebtedness.
+
+I concur in the opinion of the Secretary of the Treasury "that it is
+desirable that the State of Alabama and the other Southern States should
+be allowed to assume and pay their proportion of the direct taxes now
+due," and therefore recommend the necessary legislation by Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 4, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with the
+accompanying papers, relative to the claim on this Government of the
+owners of the British vessel _Magicienne_, and recommend an
+appropriation for the satisfaction of the claim, pursuant to the award
+of the arbitrators.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 5, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit communications from the Secretary of the Treasury
+and the Postmaster-General, suggesting a modification of the oath of
+office prescribed by the act of Congress approved July 2, 1862. I fully
+concur in their recommendation, and as the subject pertains to the
+efficient administration of the revenue and postal laws in the Southern
+States I earnestly commend it to the early consideration of Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 6, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the constitutional action of the Senate, a supplemental
+article to the Pottawatomie treaty of November 15, 1861, concluded on
+the 29th ultimo, together with the accompanying communications from the
+Secretary of the Interior and Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 7, 1866_.
+
+_To the House of Representatives of the United States_:
+
+I transmit a communication from the Secretary of the Interior, with the
+accompanying papers, in reference to grants of land made by acts of
+Congress passed in the years 1850, 1853, and 1856 to the States of
+Mississippi, Alabama, Arkansas, Florida, and Louisiana, to aid in
+the construction of certain railroads. As these acts will expire by
+limitation on the 11th day of August, 1866, leaving the roads for
+whose benefit they were conferred in an unfinished condition, it is
+recommended that the time within which they may be completed be extended
+for a period of five years.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 11, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 27th ultimo,
+in relation to the seizure and detention at New York of the steamship
+_Meteor_, I transmit herewith a report from the Secretary of State and
+the papers by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Bois Forte band of Chippewa Indians on the
+7th instant, together with the accompanying communications from the
+Secretary of the Interior and Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 10th
+instant, requesting information in regard to the rights and interests
+of American citizens in the fishing grounds adjacent to the British
+Provinces, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 20, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the Senate's resolution of the 8th January, 1866, I
+transmit herewith a communication from the Secretary of War of the 19th
+instant, covering copies of the correspondence respecting General
+Orders, No. 17,[6] issued by the commander of the Department of
+California, and also the Attorney-General's opinion as to the question
+whether the order involves a breach of neutrality toward Mexico.
+
+ANDREW JOHNSON.
+
+[Footnote 6: Instructing commanders on the southern frontiers within the
+Department of California "to take the necessary measures to preserve the
+neutrality of the United States with respect to the parties engaged in
+the existing war in Mexico, and to suffer no armed parties to pass the
+frontier from the United States, nor suffer any arms or munitions of war
+to be sent over the frontier to either belligerent," etc.]
+
+
+
+WASHINGTON, D.C., _April 20, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 2d
+instant, requesting information respecting the collection of the remains
+of officers and soldiers killed and buried on the various battlefields
+about Atlanta, I transmit herewith a report on the subject from the
+Secretary of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 21, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication of this date from the Secretary
+of War, covering a copy of the proceedings of a board of officers in
+relation to brevet appointments in the Regular Army, requested in the
+Senate's resolution of the 18th April, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 23, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention which was signed at Tangier on the 31st of
+May last between the United States and other powers on the one part and
+the Sultan of Morocco on the other part, concerning the administration
+and maintenance of a light-house on Cape Spartel.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 23, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 16th
+instant, requesting information relative to the proposed evacuation of
+Mexico by French military forces, I transmit a report from the Secretary
+of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., April 24, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I submit herewith, for the consideration of Congress, the accompanying
+communication from the Secretary of the Interior, in relation to the
+Union Pacific Railroad Company, eastern division.
+
+It appears that the company were required to complete 100 miles of
+their road within three years after their acceptance of the conditions
+of the original act of Congress. This period expired December 22, 1865.
+Sixty-two miles had been previously accepted by the Government. Since
+that date an additional section of 23 miles has been completed.
+Commissioners appointed for that purpose have examined and reported
+upon it, and an application has been made for its acceptance.
+
+The failure to complete 100 miles of road within the period prescribed
+renders it questionable whether the executive officers of the Government
+are authorized to issue the bonds and patents to which the company would
+be entitled if this as well as the other requirements of the act had
+been faithfully observed.
+
+This failure may to some extent be ascribed to the financial condition
+of the country incident to the recent civil war. As the company appear
+to be engaged in the energetic prosecution of their work and manifest a
+disposition to comply with the conditions of the grant, I recommend that
+the time for the completion of this part of the road be extended and
+that authority be given for the issue of bonds and patents on account of
+the section now offered for acceptance notwithstanding such failure,
+should the company in other respects be thereunto entitled.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 28, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty this day concluded with the Choctaw and Chickasaw nations of
+Indians.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 30, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 25th
+instant, requesting information in regard to the rebel debt known as the
+cotton loan, I transmit a report from the Secretary of State, to whom
+the resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 2, 1866_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 23d
+ultimo, I transmit a report from the Secretary of War, from which it
+will be perceived that it is not deemed compatible with the public
+interests to communicate to the House the report made by General Smith
+and the Hon. James T. Brady of their investigations at New Orleans, La.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 4, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 5th
+of March, 1866, requesting the names of persons worth more than $20,000
+to whom special pardons have been issued, and a statement of the amount
+of property which has been seized as belonging to the enemies of the
+Government, or as abandoned property, and returned to those who claimed
+to be the original owners, I transmit herewith reports from the
+Secretary of State, the Secretary of the Treasury, the Secretary of
+War, and the Attorney-General, together with a copy of the amnesty
+proclamation of the 29th of May, 1865, and a copy of the warrants issued
+in cases in which special pardons are granted. The second, third, and
+fourth conditions of the warrant prescribe the terms, so far as property
+is concerned, upon which all such pardons are granted and accepted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 4, 1866_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my message of the 12th of March last, communicating
+information in regard to a proposed exposition of fishery and water
+culture at Arcachon, in France, I communicate a copy of another dispatch
+from the minister of the United States in Paris to the Secretary of
+State, and again invite the attention of Congress to the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 7, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 19th ultimo,
+I transmit herewith a report from Benjamin C. Truman, relative to the
+condition of the Southern people and the States in which the rebellion
+existed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 9, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and the acting charge d'affaires of the United States at
+Guayaquil, in the Republic of Ecuador, from which it appears that the
+Government of that Republic has failed to pay the first installment of
+the award of the commissioners under the convention between the United
+States and Ecuador of the 25th November, 1862, which installment was due
+on the 17th of February last.
+
+As debts of this character from one government to another are justly
+regarded as of a peculiarly sacred character, and as further diplomatic
+measures are not in this instance likely to be successful, the
+expediency of authorizing other proceedings in case they should
+ultimately prove to be indispensable is submitted to your consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 10, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Treasury, in
+answer to the resolution of the House of Representatives of the 3d
+instant, requesting information concerning discriminations made by the
+so-called Maximilian Government of Mexico against American commerce,
+or against commerce from particular American ports.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 11, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to that part
+of the resolution of the House of Representatives of the 7th instant
+which calls for information in regard to the clerks employed in the
+Department of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 16, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of the correspondence between the
+Secretary of State and Cornelius Vanderbilt, of New York, relative to
+the joint resolution of the 28th of January, 1864, upon the subject of
+the gift of the steamer _Vanderbilt_ to the United States.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, May 7, 1866_.
+
+Hon. SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+SIR: I have the honor to submit herewith a communication of the
+Secretary of War, inclosing one from the Lieutenant-General, relative
+to the necessity for legislation upon the subject of the Army.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 17, 1866_.
+
+_To the House of Representatives_:
+
+In further response to the resolution of the House of Representatives of
+the 7th instant, calling for information in regard to clerks employed in
+the several Executive Departments, I transmit herewith reports from the
+Secretary of the Navy and the Secretary of the Interior and the
+Postmaster-General.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 22, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Treasury, made in
+compliance with the resolution of the House of Representatives of the
+7th instant, calling for information in respect to clerks employed in
+the several Executive Departments of the Government.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 22, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 27th
+ultimo, requesting a collation of the provisions in reference to
+freedmen contained in the amended constitutions of the Southern States
+and in the laws of those States passed since the suppression of the
+rebellion, I transmit a report from the Secretary of State, to whom the
+resolution was referred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 24, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Postmaster-General, made in answer
+to the resolution of the House of Representatives of the 14th instant,
+calling for information relative to the proposed mail steamship service
+between the United States and Brazil.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 25, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+21st instant, I transmit herewith a report from the Secretary of War,
+with the accompanying papers, in reference to the operations of the
+Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 30, 1866_.
+
+_To the Senate and House of Representatives_:
+
+With sincere regret I announce to Congress that Winfield Scott, late
+Lieutenant-General in the Army of the United States, departed this life
+at West Point, in the State of New York, on the 29th day of May instant,
+at 11 o'clock in the forenoon. I feel well assured that Congress will
+share in the grief of the nation which must result from its bereavement
+of a citizen whose high fame is identified with the military history of
+the Republic.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 30, 1866_.
+
+_To the House of Representatives_:
+
+I transmit a communication from the Secretary of War, covering a
+supplemental report to that already made to the House of
+Representatives, in answer to its resolution of the 21st instant,
+requesting the reports of General Steedman and others in reference to
+the operations of the Bureau of Refugees, Freedmen, and Abandoned Lands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 5, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and the Republic of
+Venezuela on the subject of the claims of citizens of the United States
+upon the Government of that Republic, which convention was signed by the
+plenipotentiaries of the parties at the city of Caracas on the 25th of
+April last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 9, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Acting Secretary of the Interior,
+communicating the information requested by a resolution of the House of
+Representatives of the 21st ultimo, in relation to the removal of the
+Sioux Indians of Minnesota and the provisions made for their
+accommodation in the Territory of Nebraska.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 9, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with a call of the Senate, as expressed in a resolution
+adopted on the 6th instant, I transmit a copy of the report of the Board
+of Visitors to the United States Naval Academy for the year 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 10th
+ultimo, calling for information relative to the claims of citizens of
+the United States against the Republic of Venezuela, I transmit a report
+from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the Senate and House of Representatives_:
+
+It is proper that I should inform Congress that a copy of an act of the
+legislature of Georgia of the 10th of March last has been officially
+communicated to me, by which that State accepts the donation of lands
+for the benefit of colleges for agriculture and the mechanic arts, which
+donation was provided for by the acts of Congress of the 2d of July,
+1862, and 14th of April, 1864.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 11, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I communicate and invite the attention of Congress to a copy of joint
+resolutions of the senate and house of representatives of the State
+of Georgia, requesting a suspension of the collection of the
+internal-revenue tax due from that State pursuant to the act of Congress
+of the 5th of August, 1861.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 13, 1866_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 11th
+instant, requesting information concerning the provisions of the laws
+and ordinances of the late insurgent States on the subject of the rebel
+debt, so called, I transmit a report from the Secretary of State and the
+document by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 14, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 28th
+of May, requesting information as to what progress has been made in
+completing the maps connected with the boundary survey under the treaty
+of Washington, with copies of any correspondence on this subject not
+heretofore printed, I transmit a report from the Secretary of State
+and the documents which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 15, 1866_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 13th instant,
+calling for information in regard to the departure of troops from
+Austria to Mexico, I transmit a report from the Secretary of State and
+the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 16, 1866_.
+
+_To the Senate of the United States_:
+
+I communicate herewith a report from the Acting Secretary of the
+Interior, furnishing, as requested by a resolution of the Senate of the
+25th ultimo, information touching the transactions of the executive
+branch of the Government respecting the transportation, settlement,
+and colonization of persons of the African race.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 18, 1866_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 11th
+instant, requesting information in regard to the dispatch of military
+forces from Austria for service in Mexico, I transmit a report from the
+Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+21st ultimo, requesting information as to the collection of the direct
+tax in the States whose inhabitants participated in the rebellion, I
+transmit a communication from the Secretary of the Treasury, accompanied
+by a report from the Deputy Commissioner of Internal Revenue.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 22, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I submit to Congress a report of the Secretary of State, to whom was
+referred the concurrent resolution of the 18th instant, respecting a
+submission to the legislatures of the States of an additional article to
+the Constitution of the United States. It will be seen from this report
+that the Secretary of State had, on the 16th instant, transmitted to the
+governors of the several States certified copies of the joint resolution
+passed on the 13th instant, proposing an amendment to the Constitution.
+
+Even in ordinary times any question of amending the Constitution must be
+justly regarded as of paramount importance. This importance is at the
+present time enhanced by the fact that the joint resolution was not
+submitted by the two Houses for the approval of the President and that
+of the thirty-six States which constitute the Union eleven are excluded
+from representation in either House of Congress, although, with the
+single exception of Texas, they have been entirely restored to all their
+functions as States in conformity with the organic law of the land, and
+have appeared at the national capital by Senators and Representatives,
+who have applied for and have been refused admission to the vacant
+seats. Nor have the sovereign people of the nation been afforded an
+opportunity of expressing their views upon the important questions which
+the amendment involves. Grave doubts, therefore, may naturally and
+justly arise as to whether the action of Congress is in harmony with
+the sentiments of the people, and whether State legislatures, elected
+without reference to such an issue, should be called upon by Congress
+to decide respecting the ratification of the proposed amendment.
+
+Waiving the question as to the constitutional validity of the
+proceedings of Congress upon the joint resolution proposing the
+amendment or as to the merits of the article which it submits through
+the executive department to the legislatures of the States, I deem it
+proper to observe that the steps taken by the Secretary of State, as
+detailed in the accompanying report, are to be considered as purely
+ministerial, and in no sense whatever committing the Executive to an
+approval or a recommendation of the amendment to the State legislatures
+or to the people. On the contrary, a proper appreciation of the letter
+and spirit of the Constitution, as well as of the interests of national
+order, harmony, and union, and a due deference for an enlightened public
+judgment may at this time well suggest a doubt whether any amendment to
+the Constitution ought to be proposed by Congress and pressed upon the
+legislatures of the several States for final decision until after the
+admission of such loyal Senators and Representatives of the now
+unrepresented States as have been or as may hereafter be chosen in
+conformity with the Constitution and laws of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1866_.
+
+_To the Senate and House of Representatives_:
+
+In further answer to recent resolutions of the Senate and House of
+Representatives, requesting information in regard to the employment of
+European troops in Mexico, I transmit to Congress a copy of a dispatch
+of the 4th of this month addressed to the Secretary of State by the
+minister of the United States at Paris.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+18th instant, calling for information in regard to the arrest and
+imprisonment in Ireland of American citizens, I transmit herewith
+a report from the Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _June 23, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior,
+communicating in part the information requested by a resolution of the
+House of Representatives of the 23d of April last, in relation to
+appropriations and expenditures connected with the Indian service.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 28, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a communication from the Secretary of the Navy and the
+accompanying copy of a report and maps prepared by a board of examiners
+appointed under authority of the joint resolution approved June 1, 1866,
+"to examine a site for a fresh-water basin for ironclad vessels of the
+United States Navy."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 28, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, made in answer to the resolution of the House of
+Representatives of the 4th instant, requesting information as to whether
+any of the civil or military employees of the Government have assisted
+in the rendition of public honors to the rebel living or dead.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+The accompanying report of the Secretary of the Treasury is transmitted
+to the Senate in compliance with its resolution of the 20th ultimo,
+calling for a statement of the expenditures of the United States for the
+various public works of the Government in each State and Territory of
+the Union and in the District of Columbia from the year 1860 to the
+close of the year 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Seminole Nation of Indians on the 21st day of
+March, 1866, together with the accompanying communications from the
+Secretary of the Interior and the Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the constitutional action of the Senate, a
+treaty concluded with the Creek Nation of Indians on the 14th day of
+June, 1866, together with the accompanying communications from the
+Secretary of the Interior and the Commissioner of Indian Affairs.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of yesterday,
+requesting information relative to proposed international movements in
+connection with the Paris Universal Exposition for the reform of systems
+of coinage, weights, and measures, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit to Congress a report, dated 12th instant, with the
+accompanying papers, received from the Secretary of State, in compliance
+with the requirements of the eighteenth section of the act entitled "An
+act to regulate the diplomatic and consular systems of the United
+States," approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1866_.
+
+_To the Senate of the United States_:
+
+I transmit, for the constitutional action of the Senate, certain
+articles of agreement made at the Delaware Agency, Kans., on the 4th
+instant between the United States and the Delaware Indians.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1866_.
+
+_To the Senate_:
+
+I herewith submit, for the constitutional action of the Senate, a treaty
+negotiated at the city of Washington, D.C., on the 19th instant, between
+the United States, represented by Dennis N. Cooley, Commissioner of
+Indian Affairs, and Elijah Sells, superintendent of Indian affairs for
+the southern superintendency, and the Cherokee Nation of Indians;
+represented by its delegates, James McDaniel, Smith Christie, White
+Catcher, L.H. Benge, J.B. Jones, and Daniel H. Ross.
+
+The distracted condition of the Cherokee Nation and the peculiar
+relation of many of its members to this Government during the rebellion
+presented almost insuperable difficulties to treating with them. The
+treaty now submitted is a result of protracted negotiations. Its
+stipulations are, it is believed, as satisfactory to the contracting
+parties and furnish as just provisions for the welfare of the Indians
+and as strong guaranties for the maintenance of peaceful relations with
+them as under the circumstances could be expected.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 24, 1866_.
+
+_To the Senate of the United States_:
+
+I hereby transmit, for the constitutional action of the Senate, a treaty
+concluded on the 15th of November, 1865, between the United States and
+the confederate tribes and bands of Indians of middle Oregon, the same
+being amendatory and supplemental to the treaty with said Indians of the
+25th of June, 1855.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 24, 1866_.
+
+_To the House of Representatives_:
+
+The following "Joint resolution, restoring Tennessee to her relations in
+the Union," was last evening presented for my approval:
+
+Whereas in the year 1861 the government of the State of Tennessee was
+seized upon and taken possession of by persons in hostility to the
+United States, and the inhabitants of said State, in pursuance of an act
+of Congress, were declared to be in a state of insurrection against the
+United States; and
+
+Whereas said State government can only be restored to its former
+political relations in the Union by the consent of the lawmaking power
+of the United States; and
+
+Whereas the people of said State did, on the 22d day of February, 1865,
+by a large popular vote, adopt and ratify a constitution of government
+whereby slavery was abolished and all ordinances and laws of secession
+and debts contracted under the same were declared void; and
+
+Whereas a State government has been organized under said constitution
+which has ratified the amendment to the Constitution of the United
+States abolishing slavery, also the amendment proposed by the
+Thirty-ninth Congress, and has done other acts proclaiming and denoting
+loyalty: Therefore,
+
+_Be it resolved by the Senate and House of Representatives of the United
+States in Congress assembled_, That the State of Tennessee is hereby
+restored to her former proper practical relations to the Union, and is
+again entitled to be represented by Senators and Representatives in
+Congress.
+
+The preamble simply consists of statements, some of which are assumed,
+while the resolution is merely a declaration of opinion. It comprises no
+legislation, nor does it confer any power which is binding upon the
+respective Houses, the Executive, or the States. It does not admit to
+their seats in Congress the Senators and Representatives from the State
+of Tennessee, for, notwithstanding the passage of the resolution, each
+House, in the exercise of the constitutional right to judge for itself
+of the elections, returns, and qualifications of its members, may, at
+its discretion, admit them or continue to exclude them. If a joint
+resolution of this kind were necessary and binding as a condition
+precedent to the admission of members of Congress, it would happen, in
+the event of a veto by the Executive, that Senators and Representatives
+could only be admitted to the halls of legislation by a two-thirds vote
+of each of the Houses.
+
+Among other reasons recited in the preamble for the declaration
+contained in the resolution is the ratification by the State government
+of Tennessee of "the amendment to the Constitution of the United States
+abolishing slavery, also the amendment proposed by the Thirty-ninth
+Congress." If, as is also declared in the preamble, "said State
+government can only be restored to its former political relations in the
+Union by the consent of the lawmaking power of the United States," it
+would really seem to follow that the joint resolution which at this late
+day has received the sanction of Congress should have been passed,
+approved, and placed on the statute books before any amendment to the
+Constitution was submitted to the legislature of Tennessee for
+ratification. Otherwise the inference is plainly deducible that while,
+in the opinion of Congress, the people of a State may be too strongly
+disloyal to be entitled to representation, they may nevertheless, during
+the suspension of their "former proper practical relations to the
+Union," have an equally potent voice with other and loyal States in
+propositions to amend the Constitution, upon which so essentially depend
+the stability, prosperity, and very existence of the nation.
+
+A brief reference to my annual message of the 4th of December last will
+show the steps taken by the Executive for the restoration to their
+constitutional relations to the Union of the States that had been
+affected by the rebellion. Upon the cessation of active hostilities
+provisional governors were appointed, conventions called, governors
+elected by the people, legislatures assembled, and Senators and
+Representatives chosen to the Congress of the United States. At the same
+time the courts of the United States were reopened, the blockade
+removed, the custom-houses reestablished, and postal operations resumed.
+The amendment to the Constitution abolishing slavery forever within the
+limits of the country was also submitted to the States, and they were
+thus invited to and did participate in its ratification, thus exercising
+the highest functions pertaining to a State. In addition nearly all of
+these States, through their conventions and legislatures, had adopted
+and ratified constitutions "of government whereby slavery was abolished
+and all ordinances and laws of secession and debts contracted under the
+same were declared void." So far, then, the political existence of the
+States and their relations to the Federal Government had been fully and
+completely recognized and acknowledged by the executive department of
+the Government; and the completion of the work of restoration, which had
+progressed so favorably, was submitted to Congress, upon which devolved
+all questions pertaining to the admission to their seats of the Senators
+and Representatives chosen from the States whose people had engaged in
+the rebellion.
+
+All these steps had been taken when, on the 4th day of December, 1865,
+the Thirty-ninth Congress assembled. Nearly eight months have elapsed
+since that time; and no other plan of restoration having been proposed
+by Congress for the measures instituted by the Executive, it is now
+declared, in the joint resolution submitted for my approval, "that the
+State of Tennessee is hereby restored to her former proper practical
+relations to the Union, and is again entitled to be represented by
+Senators and Representatives in Congress." Thus, after the lapse of
+nearly eight months, Congress proposes to pave the way to the admission
+to representation of one of the eleven States whose people arrayed
+themselves in rebellion against the constitutional authority of the
+Federal Government.
+
+Earnestly desiring to remove every cause of further delay, whether real
+or imaginary, on the part of Congress to the admission to seats of loyal
+Senators and Representatives from the State of Tennessee, I have,
+notwithstanding the anomalous character of this proceeding, affixed
+my signature to the resolution. My approval, however, is not to be
+construed as an acknowledgment of the right of Congress to pass laws
+preliminary to the admission of duly qualified Representatives from any
+of the States. Neither is it to be considered as committing me to all
+the statements made in the preamble, some of which are, in my opinion,
+without foundation in fact, especially the assertion that the State of
+Tennessee has ratified the amendment to the Constitution of the United
+States proposed by the Thirty-ninth Congress. No official notice of such
+ratification has been received by the Executive or filed in the
+Department of State; on the contrary, unofficial information from the
+most reliable sources induces the belief that the amendment has not yet
+been constitutionally sanctioned by the legislature of Tennessee. The
+right of each House under the Constitution to judge of the elections,
+returns, and qualifications of its own members is undoubted, and my
+approval or disapproval of the resolution could not in the slightest
+degree increase or diminish the authority in this respect conferred
+upon the two branches of Congress.
+
+In conclusion I can not too earnestly repeat my recommendation for the
+admission of Tennessee, and all other States, to a fair and equal
+participation in national legislation when they present themselves in
+the persons of loyal Senators and Representatives who can comply with
+all the requirements of the Constitution and the laws. By this means
+harmony and reconciliation will be effected, the practical relations of
+all the States to the Federal Government reestablished, and the work of
+restoration, inaugurated upon the termination of the war, successfully
+completed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 25, 1866_.
+
+_To the Senate of the United States_:
+
+I nominate Lieutenant-General Ulysses S. Grant to be General of the Army
+of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 26, 1866_.
+
+_To the House of Representatives_:
+
+In answer to two resolutions of the House of Representatives of the 23d
+instant, in the following words, respectively--
+
+ _Resolved_, That the House of Representatives respectfully request the
+ President of the United States to urge upon the Canadian authorities,
+ and also the British Government, the release of the Fenian prisoners
+ recently captured in Canada;
+
+ _Resolved_, That this House respectfully request the President to cause
+ the prosecutions instituted in the United States courts against the
+ Fenians to be discontinued, if compatible with the public interest--
+
+
+I transmit a report on the subject from the Secretary of State, together
+with the documents which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _February 19, 1866_.
+
+_To the Senate of the United States_:
+
+I have examined with care the bill, which originated in the Senate and
+has been passed by the two Houses of Congress, to amend an act entitled
+"An act to establish a bureau for the relief of freedmen and refugees,"
+and for other purposes. Having with much regret come to the conclusion
+that it would not be consistent with the public welfare to give my
+approval to the measure, I return the bill to the Senate with my
+objections to its becoming a law.
+
+I might call to mind in advance of these objections that there is no
+immediate necessity for the proposed measure. The act to establish a
+bureau for the relief of freedmen and refugees, which was approved in
+the month of March last, has not yet expired. It was thought stringent
+and extensive enough for the purpose in view in time of war. Before it
+ceases to have effect further experience may assist to guide us to a
+wise conclusion as to the policy to be adopted in time of peace.
+
+I share with Congress the strongest desire to secure to the freedmen
+the full enjoyment of their freedom and property and their entire
+independence and equality in making contracts for their labor, but the
+bill before me contains provisions which in my opinion are not warranted
+by the Constitution and are not well suited to accomplish the end in
+view.
+
+The bill proposes to establish by authority of Congress military
+jurisdiction over all parts of the United States containing refugees and
+freedmen. It would by its very nature apply with most force to those
+parts of the United States in which the freedmen most abound, and it
+expressly extends the existing temporary jurisdiction of the Freedmen's
+Bureau, with greatly enlarged powers, over those States "in which the
+ordinary course of judicial proceedings has been interrupted by the
+rebellion." The source from which this military jurisdiction is to
+emanate is none other than the President of the United States, acting
+through the War Department and the Commissioner of the Freedmen's
+Bureau. The agents to carry out this military jurisdiction are to be
+selected either from the Army or from civil life; the country is to be
+divided into districts and subdistricts, and the number of salaried
+agents to be employed may be equal to the number of counties or parishes
+in all the United States where freedmen and refugees are to be found.
+
+The subjects over which this military jurisdiction is to extend in every
+part of the United States include protection to "all employees, agents,
+and officers of this bureau in the exercise of the duties imposed" upon
+them by the bill. In eleven States it is further to extend over all
+cases affecting freedmen and refugees discriminated against "by local
+law, custom, or prejudice." In those eleven States the bill subjects any
+white person who may be charged with depriving a freedman of "any civil
+rights or immunities belonging to white persons" to imprisonment or
+fine, or both, without, however, defining the "civil rights and
+immunities" which are thus to be secured to the freedmen by military
+law. This military jurisdiction also extends to all questions that may
+arise respecting contracts. The agent who is thus to exercise the office
+of a military judge may be a stranger, entirely ignorant of the laws of
+the place, and exposed to the errors of judgment to which all men are
+liable. The exercise of power over which there is no legal supervision
+by so vast a number of agents as is contemplated by the bill must, by
+the very nature of man, be attended by acts of caprice, injustice, and
+passion.
+
+The trials having their origin under this bill are to take place without
+the intervention of a jury and without any fixed rules of law or
+evidence. The rules on which offenses are to be "heard and determined"
+by the numerous agents are such rules and regulations as the President,
+through the War Department, shall prescribe. No previous presentment is
+required nor any indictment charging the commission of a crime against
+the laws; but the trial must proceed on charges and specifications. The
+punishment will be, not what the law declares, but such as a
+court-martial may think proper; and from these arbitrary tribunals there
+lies no appeal, no writ of error to any of the courts in which the
+Constitution of the United States vests exclusively the judicial power
+of the country.
+
+While the territory and the classes of actions and offenses that are
+made subject to this measure are so extensive, the bill itself, should
+it become a law, will have no limitation in point of time, but will form
+a part of the permanent legislation of the country. I can not reconcile
+a system of military jurisdiction of this kind with the words of the
+Constitution which declare that "no person shall be held to answer
+for a capital or otherwise infamous crime unless on a presentment or
+indictment of a grand jury, except in cases arising in the land or naval
+forces, or in the militia when in actual service in time of war or
+public danger," and that "in all criminal prosecutions the accused shall
+enjoy the right to a speedy and public trial by an impartial jury of the
+State and district wherein the crime shall have been committed." The
+safeguards which the experience and wisdom of ages taught our fathers
+to establish as securities for the protection of the innocent, the
+punishment of the guilty, and the equal administration of justice are
+to be set aside, and for the sake of a more vigorous interposition in
+behalf of justice we are to take the risks of the many acts of injustice
+that would necessarily follow from an almost countless number of agents
+established in every parish or county in nearly a third of the States of
+the Union, over whose decisions there is to be no supervision or control
+by the Federal courts. The power that would be thus placed in the hands
+of the President is such as in time of peace certainly ought never to be
+intrusted to any one man.
+
+If it be asked whether the creation of such a tribunal within a State is
+warranted as a measure of war, the question immediately presents itself
+whether we are still engaged in war. Let us not unnecessarily disturb
+the commerce and credit and industry of the country by declaring to the
+American people and to the world that the United States are still in a
+condition of civil war. At present there is no part of our country in
+which the authority of the United States is disputed. Offenses that may
+be committed by individuals should not work a forfeiture of the rights
+of whole communities. The country has returned, or is returning, to a
+state of peace and industry, and the rebellion is in fact at an end.
+The measure, therefore, seems to be as inconsistent with the actual
+condition of the country as it is at variance with the Constitution of
+the United States.
+
+If, passing from general considerations, we examine the bill in detail,
+it is open to weighty objections.
+
+In time of war it was eminently proper that we should provide for
+those who were passing suddenly from a condition of bondage to a state
+of freedom. But this bill proposes to make the Freedmen's Bureau,
+established by the act of 1865 as one of many great and extraordinary
+military measures to suppress a formidable rebellion, a permanent branch
+of the public administration, with its powers greatly enlarged. I have
+no reason to suppose, and I do not understand it to be alleged, that
+the act of March, 1865, has proved deficient for the purpose for which
+it was passed, although at that time and for a considerable period
+thereafter the Government of the United States remained unacknowledged
+in most of the States whose inhabitants had been involved in the
+rebellion. The institution of slavery, for the military destruction of
+which the Freedmen's Bureau was called into existence as an auxiliary,
+has been already effectually and finally abrogated throughout the whole
+country by an amendment of the Constitution of the United States, and
+practically its eradication has received the assent and concurrence of
+most of those States in which it at any time had an existence. I am not,
+therefore, able to discern in the condition of the country anything to
+justify an apprehension that the powers and agencies of the Freedmen's
+Bureau, which were effective for the protection of freedmen and refugees
+during the actual continuance of hostilities and of African servitude,
+will now, in a time of peace and after the abolition of slavery, prove
+inadequate to the same proper ends. If I am correct in these views,
+there can be no necessity for the enlargement of the powers of the
+Bureau, for which provision is made in the bill.
+
+The third section of the bill authorizes a general and unlimited grant
+of support to the destitute and suffering refugees and freedmen, their
+wives and children. Succeeding sections make provision for the rent or
+purchase of landed estates for freedmen, and for the erection for their
+benefit of suitable buildings for asylums and schools, the expenses to
+be defrayed from the Treasury of the whole people. The Congress of the
+United States has never heretofore thought itself empowered to establish
+asylums beyond the limits of the District of Columbia, except for the
+benefit of our disabled soldiers and sailors. It has never founded
+schools for any class of our own people, not even for the orphans of
+those who have fallen in the defense of the Union, but has left the care
+of education to the much more competent and efficient control of the
+States, of communities, of private associations, and of individuals.
+It has never deemed itself authorized to expend the public money for
+the rent or purchase of homes for the thousands, not to say millions,
+of the white race who are honestly toiling from day to day for their
+subsistence. A system for the support of indigent persons in the United
+States was never contemplated by the authors of the Constitution; nor
+can any good reason be advanced why, as a permanent establishment,
+it should be founded for one class or color of our people more than
+another. Pending the war many refugees and freedmen received support
+from the Government, but it was never intended that they should
+thenceforth be fed, clothed, educated, and sheltered by the United
+States. The idea on which the slaves were assisted to freedom was that
+on becoming free they would be a self-sustaining population. Any
+legislation that shall imply that they are not expected to attain a
+self-sustaining condition must have a tendency injurious alike to their
+character and their prospects.
+
+The appointment of an agent for every county and parish will create an
+immense patronage, and the expense of the numerous officers and their
+clerks, to be appointed by the President, will be great in the
+beginning, with a tendency steadily to increase. The appropriations
+asked by the Freedmen's Bureau as now established, for the year 1866,
+amount to $11,745,000. It may be safely estimated that the cost to be
+incurred under the pending bill will require double that amount--more
+than the entire sum expended in any one year under the Administration of
+the second Adams. If the presence of agents in every parish and county
+is to be considered as a war measure, opposition, or even resistance,
+might be provoked; so that to give effect to their jurisdiction troops
+would have to be stationed within reach of every one of them, and thus a
+large standing force be rendered necessary. Large appropriations would
+therefore be required to sustain and enforce military jurisdiction in
+every county or parish from the Potomac to the Rio Grande. The condition
+of our fiscal affairs is encouraging, but in order to sustain the
+present measure of public confidence it is necessary that we practice
+not merely customary economy, but, as far as possible, severe
+retrenchment.
+
+In addition to the objections already stated, the fifth section of the
+bill proposes to take away land from its former owners without any
+legal proceedings being first had, contrary to that provision of the
+Constitution which declares that no person shall "be deprived of life,
+liberty, or property without due process of law." It does not appear
+that a part of the lands to which this section refers may not be owned
+by minors or persons of unsound mind, or by those who have been faithful
+to all their obligations as citizens of the United States. If any
+portion of the land is held by such persons, it is not competent for
+any authority to deprive them of it. If, on the other hand, it be found
+that the property is liable to confiscation, even then it can not be
+appropriated to public purposes until by due process of law it shall
+have been declared forfeited to the Government.
+
+There is still further objection to the bill, on grounds seriously
+affecting the class of persons to whom it is designed to bring relief.
+It will tend to keep the mind of the freedman in a state of uncertain
+expectation and restlessness, while to those among whom he lives it will
+be a source of constant and vague apprehension.
+
+Undoubtedly the freedman should be protected, but he should be protected
+by the civil authorities, especially by the exercise of all the
+constitutional powers of the courts of the United States and of the
+States. His condition is not so exposed as may at first be imagined.
+He is in a portion of the country where his labor can not well be
+spared. Competition for his services from planters, from those who
+are constructing or repairing railroads, and from capitalists in his
+vicinage or from other States will enable him to command almost his own
+terms. He also possesses a perfect right to change his place of abode,
+and if, therefore, he does not find in one community or State a mode of
+life suited to his desires or proper remuneration for his labor, he can
+move to another where that labor is more esteemed and better rewarded.
+In truth, however, each State, induced by its own wants and interests,
+will do what is necessary and proper to retain within its borders all
+the labor that is needed for the development of its resources. The laws
+that regulate supply and demand will maintain their force, and the wages
+of the laborer will be regulated thereby. There is no danger that the
+exceedingly great demand for labor will not operate in favor of the
+laborer.
+
+Neither is sufficient consideration given to the ability of the freedmen
+to protect and take care of themselves. It is no more than justice to
+them to believe that as they have received their freedom with moderation
+and forbearance, so they will distinguish themselves by their industry
+and thrift, and soon show the world that in a condition of freedom they
+are self-sustaining, capable of selecting their own employment and
+their own places of abode, of insisting for themselves on a proper
+remuneration, and of establishing and maintaining their own asylums and
+schools. It is earnestly hoped that instead of wasting away they will by
+their own efforts establish for themselves a condition of respectability
+and prosperity. It is certain that they can attain to that condition
+only through their own merits and exertions.
+
+In this connection the query presents itself whether the system proposed
+by the bill will not, when put into complete operation, practically
+transfer the entire care, support, and control of 4,000,000 emancipated
+slaves to agents, overseers, or taskmasters, who, appointed at
+Washington, are to be located in every county and parish throughout the
+United States containing freedmen and refugees. Such a system would
+inevitably tend to a concentration of power in the Executive which would
+enable him, if so disposed, to control the action of this numerous class
+and use them for the attainment of his own political ends.
+
+I can not but add another very grave objection to this bill. The
+Constitution imperatively declares, in connection with taxation, that
+each State _shall_ have at least one Representative, and fixes the rule
+for the number to which, in future times, each State shall be entitled.
+It also provides that the Senate of the United States _shall_ be
+composed of two Senators from each State, and adds with peculiar force
+"that no State, without its consent, shall be deprived of its equal
+suffrage in the Senate." The original act was necessarily passed in the
+absence of the States chiefly to be affected, because their people were
+then contumaciously engaged in the rebellion. Now the case is changed,
+and some, at least, of those States are attending Congress by loyal
+representatives, soliciting the allowance of the constitutional right
+for representation. At the time, however, of the consideration and the
+passing of this bill there was no Senator or Representative in Congress
+from the eleven States which are to be mainly affected by its
+provisions. The very fact that reports were and are made against the
+good disposition of the people of that portion of the country is an
+additional reason why they need and should have representatives of their
+own in Congress to explain their condition, reply to accusations,
+and assist by their local knowledge in the perfecting of measures
+immediately affecting themselves. While the liberty of deliberation
+would then be free and Congress would have full power to decide
+according to its judgment, there could be no objection urged that the
+States most interested had not been permitted to be heard. The principle
+is firmly fixed in the minds of the American people that there should be
+no taxation without representation. Great burdens have now to be borne
+by all the country, and we may best demand that they shall be borne
+without murmur when they are voted by a majority of the representatives
+of all the people. I would not interfere with the unquestionable right
+of Congress to judge, each House for itself, "of the elections, returns,
+and qualifications of its own members;" but that authority can not be
+construed as including the right to shut out in time of peace any State
+from the representation to which it is entitled by the Constitution.
+At present all the people of eleven States are excluded--those who
+were most faithful during the war not less than others. The State of
+Tennessee, for instance, whose authorities engaged in rebellion, was
+restored to all her constitutional relations to the Union by the
+patriotism and energy of her injured and betrayed people. Before the war
+was brought to a termination they had placed themselves in relations
+with the General Government, had established a State government of their
+own, and, as they were not included in the emancipation proclamation,
+they by their own act had amended their constitution so as to abolish
+slavery within the limits of their State. I know no reason why the State
+of Tennessee, for example, should not fully enjoy "all her
+constitutional relations to the United States."
+
+The President of the United States stands toward the country in
+a somewhat different attitude from that of any member of Congress.
+Each member of Congress is chosen from a single district or State;
+the President is chosen by the people of all the States. As eleven
+States are not at this time represented in either branch of Congress, it
+would seem to be his duty on all proper occasions to present their just
+claims to Congress. There always will be differences of opinion in the
+community, and individuals may be guilty of transgressions of the law,
+but these do not constitute valid objections against the right of a
+State to representation. I would in no wise interfere with the
+discretion of Congress with regard to the qualifications of members; but
+I hold it my duty to recommend to you, in the interests of peace and the
+interests of union, the admission of every State to its share in public
+legislation when, however insubordinate, insurgent, or rebellious its
+people may have been, it presents itself, not only in an attitude of
+loyalty and harmony, but in the persons of representatives whose loyalty
+can not be questioned under any existing constitutional or legal test.
+It is plain that an indefinite or permanent exclusion of any part of the
+country from representation must be attended by a spirit of disquiet and
+complaint. It is unwise and dangerous to pursue a course of measures
+which will unite a very large section of the country against another
+section of the country, however much the latter may preponderate. The
+course of emigration, the development of industry and business, and
+natural causes will raise up at the South men as devoted to the Union as
+those of any other part of the land; but if they are all excluded from
+Congress, if in a permanent statute they are declared not to be in full
+constitutional relations to the country, they may think they have cause
+to become a unit in feeling and sentiment against the Government. Under
+the political education of the American people the idea is inherent and
+ineradicable that the consent of the majority of the whole people is
+necessary to secure a willing acquiescence in legislation.
+
+The bill under consideration refers to certain of the States as though
+they had not "been fully restored in all their constitutional relations
+to the United States." If they have not, let us at once act together to
+secure that desirable end at the earliest possible moment. It is hardly
+necessary for me to inform Congress that in my own judgment most of
+those States, so far, at least, as depends upon their own action, have
+already been fully restored, and are to be deemed as entitled to enjoy
+their constitutional rights as members of the Union. Reasoning from the
+Constitution itself and from the actual situation of the country, I feel
+not only entitled but bound to assume that with the Federal courts
+restored and those of the several States in the full exercise of their
+functions the rights and interests of all classes of people will,
+with the aid of the military in cases of resistance to the laws,
+be essentially protected against unconstitutional infringement or
+violation. Should this expectation unhappily fail, which I do not
+anticipate, then the Executive is already fully armed with the powers
+conferred by the act of March, 1865, establishing the Freedmen's Bureau,
+and hereafter, as heretofore, he can employ the land and naval forces of
+the country to suppress insurrection or to overcome obstructions to the
+laws.
+
+In accordance with the Constitution, I return the bill to the Senate,
+in the earnest hope that a measure involving questions and interests so
+important to the country will not become a law, unless upon deliberate
+consideration by the people it shall receive the sanction of an
+enlightened public judgment.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 27, 1866_.
+
+_To the Senate of the United States_:
+
+I regret that the bill, which has passed both Houses of Congress,
+entitled "An act to protect all persons in the United States in their
+civil rights and furnish the means of their vindication," contains
+provisions which I can not approve consistently with my sense of duty to
+the whole people and my obligations to the Constitution of the United
+States. I am therefore constrained to return it to the Senate, the House
+in which it originated, with my objections to its becoming a law.
+
+By the first section of the bill all persons born in the United States
+and not subject to any foreign power, excluding Indians not taxed, are
+declared to be citizens of the United States. This provision comprehends
+the Chinese of the Pacific States, Indians subject to taxation, the
+people called gypsies, as well as the entire race designated as blacks,
+people of color, negroes, mulattoes, and persons of African blood. Every
+individual of these races born in the United States is by the bill made
+a citizen of the United States. It does not purport to declare or confer
+any other right of citizenship than Federal citizenship. It does not
+purport to give these classes of persons any status as citizens of
+States, except that which may result from their status as citizens of
+the United States. The power to confer the right of State citizenship is
+just as exclusively with the several States as the power to confer the
+right of Federal citizenship is with Congress.
+
+The right of Federal citizenship thus to be conferred on the several
+excepted races before mentioned is now for the first time proposed to be
+given by law. If, as is claimed by many, all persons who are native born
+already are, by virtue of the Constitution, citizens of the United
+States, the passage of the pending bill can not be necessary to make
+them such. If, on the other hand, such persons are not citizens, as may
+be assumed from the proposed legislation to make them such, the grave
+question presents itself whether, when eleven of the thirty-six States
+are unrepresented in Congress at the present time, it is sound policy
+to make our entire colored population and all other excepted classes
+citizens of the United States. Four millions of them have just emerged
+from slavery into freedom. Can it be reasonably supposed that they
+possess the requisite qualifications to entitle them to all the
+privileges and immunities of citizens of the United States? Have the
+people of the several States expressed such a conviction? It may also be
+asked whether it is necessary that they should be declared citizens in
+order that they may be secured in the enjoyment of the civil rights
+proposed to be conferred by the bill. Those rights are, by Federal as
+well as State laws, secured to all domiciled aliens and foreigners, even
+before the completion of the process of naturalization; and it may
+safely be assumed that the same enactments are sufficient to give like
+protection and benefits to those for whom this bill provides special
+legislation. Besides, the policy of the Government from its origin to
+the present time seems to have been that persons who are strangers to
+and unfamiliar with our institutions and our laws should pass through
+a certain probation, at the end of which, before attaining the coveted
+prize, they must give evidence of their fitness to receive and to
+exercise the rights of citizens as contemplated by the Constitution of
+the United States. The bill in effect proposes a discrimination against
+large numbers of intelligent, worthy, and patriotic foreigners, and in
+favor of the negro, to whom, after long years of bondage, the avenues to
+freedom and intelligence have just now been suddenly opened. He must of
+necessity, from his previous unfortunate condition of servitude, be less
+informed as to the nature and character of our institutions than he who,
+coming from abroad, has, to some extent at least, familiarized himself
+with the principles of a Government to which he voluntarily intrusts
+"life, liberty, and the pursuit of happiness." Yet it is now proposed,
+by a single legislative enactment, to confer the rights of citizens upon
+all persons of African descent born within the extended limits of the
+United States, while persons of foreign birth who make our land their
+home must undergo a probation of five years, and can only then become
+citizens upon proof that they are "of good moral character, attached to
+the principles of the Constitution of the United States, and well
+disposed to the good order and happiness of the same."
+
+The first section of the bill also contains an enumeration of the rights
+to be enjoyed by these classes so made citizens "in every State and
+Territory in the United States." These rights are "to make and enforce
+contracts; to sue, be parties, and give evidence; to inherit, purchase,
+lease, sell, hold, and convey real and personal property," and to have
+"full and equal benefit of all laws and proceedings for the security of
+person and property as is enjoyed by white citizens." So, too, they are
+made subject to the same punishment, pains, and penalties in common with
+white citizens, and to none other. Thus a perfect equality of the white
+and colored races is attempted to be fixed by Federal law in every State
+of the Union over the vast field of State jurisdiction covered by these
+enumerated rights. In no one of these can any State ever exercise any
+power of discrimination between the different races. In the exercise of
+State policy over matters exclusively affecting the people of each State
+it has frequently been thought expedient to discriminate between the
+two races. By the statutes of some of the States, Northern as well
+as Southern, it is enacted, for instance, that no white person shall
+intermarry with a negro or mulatto. Chancellor Kent says, speaking of
+the blacks, that--
+
+ Marriages between them and the whites are forbidden in some of the
+ States where slavery does not exist, and they are prohibited in all the
+ slaveholding States; and when not absolutely contrary to law, they are
+ revolting, and regarded as an offense against public decorum.
+
+I do not say that this bill repeals State laws on the subject of
+marriage between the two races, for as the whites are forbidden to
+intermarry with the blacks, the blacks can only make such contracts as
+the whites themselves are allowed to make, and therefore can not under
+this bill enter into the marriage contract with the whites. I cite this
+discrimination, however, as an instance of the State policy as to
+discrimination, and to inquire whether if Congress can abrogate all
+State laws of discrimination between the two races in the matter of real
+estate, of suits, and of contracts generally Congress may not also
+repeal the State laws as to the contract of marriage between the two
+races. Hitherto every subject embraced in the enumeration of rights
+contained in this bill has been considered as exclusively belonging to
+the States. They all relate to the internal police and economy of the
+respective States. They are matters which in each State concern the
+domestic condition of its people, varying in each according to its own
+peculiar circumstances and the safety and well-being of its own
+citizens. I do not mean to say that upon all these subjects there are
+not Federal restraints--as, for instance, in the State power of
+legislation over contracts there is a Federal limitation that no State
+shall pass a law impairing the obligations of contracts; and, as to
+crimes, that no State shall pass an _ex post facto_ law; and, as to
+money, that no State shall make anything but gold and silver a legal
+tender; but where can we find a Federal prohibition against the power
+of any State to discriminate, as do most of them, between aliens and
+citizens, between artificial persons, called corporations, and natural
+persons, in the right to hold real estate? If it be granted that
+Congress can repeal all State laws discriminating between whites and
+blacks in the subjects covered by this bill, why, it may be asked, may
+not Congress repeal in the same way all State laws discriminating
+between the two races on the subjects of suffrage and office? If
+Congress can declare by law who shall hold lands, who shall testify, who
+shall have capacity to make a contract in a State, then Congress can by
+law also declare who, without regard to color or race, shall have the
+right to sit as a juror or as a judge, to hold any office, and, finally,
+to vote "in every State and Territory of the United States." As respects
+the Territories, they come within the power of Congress, for as to them
+the lawmaking power is the Federal power; but as to the States no
+similar provision exists vesting in Congress the power "to make rules
+and regulations" for them.
+
+The object of the second section of the bill is to afford discriminating
+protection to colored persons in the full enjoyment of all the rights
+secured to them by the preceding section. It declares--
+
+ That any person who, under color of any law, statute, ordinance,
+ regulation, or custom, shall subject, or cause to be subjected, any
+ inhabitant of any State or Territory to the deprivation of any right
+ secured or protected by this act, or to different punishment, pains, or
+ penalties on account of such person having at any time been held in a
+ condition of slavery or involuntary servitude, except as a punishment
+ for crime whereof the party shall have been duly convicted, or by reason
+ of his color or race, than is prescribed for the punishment of white
+ persons, shall be deemed guilty of a misdemeanor, and on conviction
+ shall be punished by fine not exceeding $1,000, or imprisonment not
+ exceeding one year, or both, in the discretion of the court.
+
+
+This section seems to be designed to apply to some existing or future
+law of a State or Territory which may conflict with the provisions of
+the bill now under consideration. It provides for counteracting such
+forbidden legislation by imposing fine and imprisonment upon the
+legislators who may pass such conflicting laws, or upon the officers or
+agents who shall put or attempt to put them into execution. It means an
+official offense, not a common crime committed against law upon the
+persons or property of the black race. Such an act may deprive the black
+man of his property, but not of the _right_ to hold property. It means
+a deprivation of the right itself, either by the State judiciary or
+the State legislature. It is therefore assumed that under this section
+members of State legislatures who should vote for laws conflicting with
+the provisions of the bill, that judges of the State courts who should
+render judgments in antagonism with its terms, and that marshals and
+sheriffs who should, as ministerial officers, execute processes
+sanctioned by State laws and issued by State judges in execution of
+their judgments could be brought before other tribunals and there
+subjected to fine and imprisonment for the performance of the duties
+which such State laws might impose. The legislation thus proposed
+invades the judicial power of the State. It says to every State court or
+judge, If you decide that this act is unconstitutional; if you refuse,
+under the prohibition of a State law, to allow a negro to testify; if
+you hold that over such a subject-matter the State law is paramount, and
+"under color" of a State law refuse the exercise of the right to the
+negro, your error of judgment, however conscientious, shall subject
+you to fine and imprisonment. I do not apprehend that the conflicting
+legislation which the bill seems to contemplate is so likely to occur as
+to render it necessary at this time to adopt a measure of such doubtful
+constitutionality.
+
+In the next place, this provision of the bill seems to be unnecessary,
+as adequate judicial remedies could be adopted to secure the desired end
+without invading the immunities of legislators, always important to be
+preserved in the interest of public liberty; without assailing the
+independence of the judiciary, always essential to the preservation of
+individual rights; and without impairing the efficiency of ministerial
+officers, always necessary for the maintenance of public peace and
+order. The remedy proposed by this section seems to be in this respect
+not only anomalous, but unconstitutional; for the Constitution
+guarantees nothing with certainty if it does not insure to the several
+States the right of making and executing laws in regard to all matters
+arising within their jurisdiction, subject only to the restriction that
+in cases of conflict with the Constitution and constitutional laws of
+the United States the latter should be held to be the supreme law of the
+land.
+
+The third section gives the district courts of the United States
+exclusive "cognizance of all crimes and offenses committed against the
+provisions of this act," and concurrent jurisdiction with the circuit
+courts of the United States of all civil and criminal cases "affecting
+persons who are denied or can not enforce in the courts or judicial
+tribunals of the State or locality where they may be any of the rights
+secured to them by the first section." The construction which I have
+given to the second section is strengthened by this third section, for
+it makes clear what kind of denial or deprivation of the rights secured
+by the first section was in contemplation. It is a denial or deprivation
+of such rights "in the courts or judicial tribunals of the State." It
+stands, therefore, clear of doubt that the offense and the penalties
+provided in the second section are intended for the State judge who, in
+the clear exercise of his functions as a judge, not acting ministerially
+but judicially, shall decide contrary to this Federal law. In other
+words, when a State judge, acting upon a question involving a conflict
+between a State law and a Federal law, and bound, according to his own
+judgment and responsibility, to give an impartial decision between the
+two, comes to the conclusion that the State law is valid and the Federal
+law is invalid, he must not follow the dictates of his own judgment, at
+the peril of fine and imprisonment. The legislative department of the
+Government of the United States thus takes from the judicial department
+of the States the sacred and exclusive duty of judicial decision, and
+converts the State judge into a mere ministerial officer, bound to
+decide according to the will of Congress.
+
+It is clear that in States which deny to persons whose rights are
+secured by the first section of the bill any one of those rights all
+criminal and civil cases affecting them will, by the provisions of the
+third section, come under the exclusive cognizance of the Federal
+tribunals. It follows that if, in any State which denies to a colored
+person any one of all those rights, that person should commit a crime
+against the laws of a State--murder, arson, rape, or any other
+crime--all protection and punishment through the courts of the State are
+taken away, and he can only be tried and punished in the Federal courts.
+How is the criminal to be tried? If the offense is provided for and
+punished by Federal law, that law, and not the State law, is to govern.
+It is only when the offense does not happen to be within the purview of
+Federal law that the Federal courts are to try and punish him under any
+other law. Then resort is to be had to "the common law, as modified and
+changed" by State legislation, "so far as the same is not inconsistent
+with the Constitution and laws of the United States." So that over this
+vast domain of criminal jurisprudence provided by each State for the
+protection of its own citizens and for the punishment of all persons who
+violate its criminal laws, Federal law, whenever it can be made to
+apply, displaces State law. The question here naturally arises, from
+what source Congress derives the power to transfer to Federal tribunals
+certain classes of cases embraced in this section. The Constitution
+expressly declares that the judicial power of the United States "shall
+extend to all cases, in law and equity, arising under this Constitution,
+the laws of the United States, and treaties made or which shall be made
+under their authority; to all cases affecting ambassadors, other public
+ministers, and consuls; to all cases of admiralty and maritime
+jurisdiction; to controversies to which the United States shall be a
+party; to controversies between two or more States, between a State and
+citizens of another State, between citizens of different States, between
+citizens of the same State claiming lands under grants of different
+States, and between a State, or the citizens thereof, and foreign
+states, citizens, or subjects." Here the judicial power of the United
+States is expressly set forth and defined; and the act of September 24,
+1789, establishing the judicial courts of the United States, in
+conferring upon the Federal courts jurisdiction over cases originating
+in State tribunals, is careful to confine them to the classes enumerated
+in the above-recited clause of the Constitution. This section of the
+bill undoubtedly comprehends cases and authorizes the exercise of powers
+that are not, by the Constitution, within the jurisdiction of the courts
+of the United States. To transfer them to those courts would be an
+exercise of authority well calculated to excite distrust and alarm on
+the part of all the States, for the bill applies alike to all of
+them--as well to those that have as to those that have not been engaged
+in rebellion.
+
+It may be assumed that this authority is incident to the power granted
+to Congress by the Constitution, as recently amended, to enforce, by
+appropriate legislation, the article declaring that--
+
+ Neither slavery nor involuntary servitude, except as a punishment for
+ crime whereof the party shall have been duly convicted, shall exist
+ within the United States or any place subject to their jurisdiction.
+
+
+It can not, however, be justly claimed that, with a view to the
+enforcement of this article of the Constitution, there is at present any
+necessity for the exercise of all the powers which this bill confers.
+Slavery has been abolished, and at present nowhere exists within the
+jurisdiction of the United States; nor has there been, nor is it likely
+there will be, any attempt to revive it by the people or the States.
+If, however, any such attempt shall be made, it will then become the
+duty of the General Government to exercise any and all incidental powers
+necessary and proper to maintain inviolate this great constitutional law
+of freedom.
+
+The fourth section of the bill provides that officers and agents of the
+Freedmen's Bureau shall be empowered to make arrests, and also that
+other officers may be specially commissioned for that purpose by the
+President of the United States. It also authorizes circuit courts of the
+United States and the superior courts of the Territories to appoint,
+without limitation, commissioners, who are to be charged with the
+performance of _quasi_ judicial duties. The fifth section empowers the
+commissioners so to be selected by the courts to appoint in writing,
+under their hands, one or more suitable persons from time to time to
+execute warrants and other processes described by the bill. These
+numerous official agents are made to constitute a sort of police,
+in addition to the military, and are authorized to summon a _posse
+comitatus_, and even to call to their aid such portion of the land
+and naval forces of the United States, or of the militia, "as may be
+necessary to the performance of the duty with which they are charged."
+This extraordinary power is to be conferred upon agents irresponsible to
+the Government and to the people, to whose number the discretion of the
+commissioners is the only limit, and in whose hands such authority might
+be made a terrible engine of wrong, oppression, and fraud. The general
+statutes regulating the land and naval forces of the United States, the
+militia, and the execution of the laws are believed to be adequate for
+every emergency which can occur in time of peace. If it should prove
+otherwise, Congress can at any time amend those laws in such manner as,
+while subserving the public welfare, not to jeopard the rights,
+interests, and liberties of the people.
+
+The seventh section provides that a fee of $10 shall be paid to each
+commissioner in every case brought before him, and a fee of $5 to his
+deputy or deputies "for each person he or they may arrest and take
+before any such commissioner," "with such other fees as may be deemed
+reasonable by such commissioner," "in general for performing such other
+duties as may be required in the premises." All these fees are to be
+"paid out of the Treasury of the United States," whether there is a
+conviction or not; but in case of conviction they are to be recoverable
+from the defendant. It seems to me that under the influence of such
+temptations bad men might convert any law, however beneficent, into an
+instrument of persecution and fraud.
+
+By the eighth section of the bill the United States courts, which sit
+only in one place for white citizens, must migrate with the marshal and
+district attorney (and necessarily with the clerk, although he is not
+mentioned) to any part of the district upon the order of the President,
+and there hold a court, "for the purpose of the more speedy arrest and
+trial of persons charged with a violation of this act;" and there the
+judge and officers of the court must remain, upon the order of the
+President, "for the time therein designated."
+
+The ninth section authorizes the President, or such person as he may
+empower for that purpose, "to employ such part of the land or naval
+forces of the United States, or of the militia, as shall be necessary
+to prevent the violation and enforce the due execution of this act."
+This language seems to imply a permanent military force, that is to be
+always at hand, and whose only business is to be the enforcement of this
+measure over the vast region where it is intended to operate.
+
+I do not propose to consider the policy of this bill. To me the details
+of the bill seem fraught with evil. The white race and the black race of
+the South have hitherto lived together under the relation of master and
+slave--capital owning labor. Now, suddenly, that relation is changed,
+and as to ownership capital and labor are divorced. They stand now each
+master of itself. In this new relation, one being necessary to the
+other, there will be a new adjustment, which both are deeply interested
+in making harmonious. Each has equal power in settling the terms, and
+if left to the laws that regulate capital and labor it is confidently
+believed that they will satisfactorily work out the problem. Capital, it
+is true, has more intelligence, but labor is never so ignorant as not to
+understand its own interests, not to know its own value, and not to see
+that capital must pay that value.
+
+This bill frustrates this adjustment. It intervenes between capital and
+labor and attempts to settle questions of political economy through the
+agency of numerous officials whose interest it will be to foment discord
+between the two races, for as the breach widens their employment will
+continue, and when it is closed their occupation will terminate.
+
+In all our history, in all our experience as a people living under
+Federal and State law, no such system as that contemplated by the
+details of this bill has ever before been proposed or adopted. They
+establish for the security of the colored race safeguards which go
+infinitely beyond any that the General Government has ever provided for
+the white race. In fact, the distinction of race and color is by the
+bill made to operate in favor of the colored and against the white race.
+They interfere with the municipal legislation of the States, with the
+relations existing exclusively between a State and its citizens, or
+between inhabitants of the same State--an absorption and assumption of
+power by the General Government which, if acquiesced in, must sap and
+destroy our federative system of limited powers and break down the
+barriers which preserve the rights of the States. It is another step,
+or rather stride, toward centralization and the concentration of all
+legislative powers in the National Government. The tendency of the
+bill must be to resuscitate the spirit of rebellion and to arrest the
+progress of those influences which are more closely drawing around the
+States the bonds of union and peace.
+
+My lamented predecessor, in his proclamation of the 1st of January,
+1863, ordered and declared that all persons held as slaves within
+certain States and parts of States therein designated were and
+thenceforward should be free; and further, that the executive government
+of the United States, including the military and naval authorities
+thereof, would recognize and maintain the freedom of such persons.
+This guaranty has been rendered especially obligatory and sacred by the
+amendment of the Constitution abolishing slavery throughout the United
+States. I therefore fully recognize the obligation to protect and
+defend that class of our people whenever and wherever it shall become
+necessary, and to the full extent compatible with the Constitution of
+the United States.
+
+Entertaining these sentiments, it only remains for me to say that I will
+cheerfully cooperate with Congress in any measure that may be necessary
+for the protection of the civil rights of the freedmen, as well as those
+of all other classes of persons throughout the United States, by
+judicial process, under equal and impartial laws, in conformity with the
+provisions of the Federal Constitution.
+
+I now return the bill to the Senate, and regret that in considering the
+bills and joint resolutions--forty-two in number--which have been thus
+far submitted for my approval I am compelled to withhold my assent from
+a second measure that has received the sanction of both Houses of
+Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 15, 1866_.
+
+_To the Senate of the United States_:
+
+I return to the Senate, in which House it originated, the bill, which
+has passed both Houses of Congress, entitled "An act for the admission
+of the State of Colorado into the Union," with my objections to its
+becoming a law at this time.
+
+First. From the best information which I have been able to obtain
+I do not consider the establishment of a State government at present
+necessary for the welfare of the people of Colorado. Under the existing
+Territorial government all the rights, privileges, and interests of the
+citizens are protected and secured. The qualified voters choose their
+own legislators and their own local officers, and are represented in
+Congress by a Delegate of their own selection. They make and execute
+their own municipal laws, subject only to revision by Congress--an
+authority not likely to be exercised unless in extreme or extraordinary
+cases. The population is small, some estimating it so low as 25,000,
+while advocates of the bill reckon the number at from 35,000 to 40,000
+souls. The people are principally recent settlers, many of whom are
+understood to be ready for removal to other mining districts beyond
+the limits of the Territory if circumstances shall render them more
+inviting. Such a population can not but find relief from excessive
+taxation if the Territorial system, which devolves the expenses of the
+executive, legislative, and judicial departments upon the United States,
+is for the present continued. They can not but find the security of
+person and property increased by their reliance upon the national
+executive power for the maintenance of law and order against the
+disturbances necessarily incident to all newly organized communities.
+
+Second. It is not satisfactorily established that a majority of the
+citizens of Colorado desire or are prepared for an exchange of a
+Territorial for a State government. In September, 1864, under the
+authority of Congress, an election was lawfully appointed and held for
+the purpose of ascertaining the views of the people upon this particular
+question. Six thousand one hundred and ninety-two votes were cast, and
+of this number a majority of 3,152 was given against the proposed
+change. In September, 1865, without any legal authority, the question
+was again presented to the people of the Territory, with the view of
+obtaining a reconsideration of the result of the election held in
+compliance with the act of Congress approved March 21, 1864. At this
+second election 5,905 votes were polled, and a majority of 155 was given
+in favor of a State organization. It does not seem to me entirely safe
+to receive this, the last-mentioned, result, so irregularly obtained, as
+sufficient to outweigh the one which had been legally obtained in the
+first election. Regularity and conformity to law are essential to the
+preservation of order and stable government, and should, as far as
+practicable, always be observed in the formation of new States.
+
+Third. The admission of Colorado at this time as a State into the
+Federal Union appears to me to be incompatible with the public interests
+of the country. While it is desirable that Territories, when
+sufficiently matured, should be organized as States, yet the spirit of
+the Constitution seems to require that there should be an approximation
+toward equality among the several States composing the Union. No State
+can have less or more than two Senators in Congress. The largest State
+has a population of 4,000,000; several of the States have a population
+exceeding 2,000,000, and many others have a population exceeding
+1,000,000. A population of 127,000 is the ratio of apportionment of
+Representatives among the several States.
+
+If this bill should become a law, the people of Colorado, 30,000 in
+number, would have in the House of Representatives one member, while New
+York, with a population of 4,000,000, has but thirty-one; Colorado would
+have in the electoral college three votes, while New York has only
+thirty-three; Colorado would have in the Senate two votes, while New
+York has no more.
+
+Inequalities of this character have already occurred, but it is believed
+that none have happened where the inequality was so great. When such
+inequality has been allowed, Congress is supposed to have permitted it
+on the ground of some high public necessity and under circumstances
+which promised that it would rapidly disappear through the growth and
+development of the newly admitted State. Thus, in regard to the several
+States in what was formerly called the "Northwest Territory," lying east
+of the Mississippi, their rapid advancement in population rendered it
+certain that States admitted with only one or two Representatives in
+Congress would in a very short period be entitled to a great increase
+of representation. So, when California was admitted, on the ground of
+commercial and political exigencies, it was well foreseen that that
+State was destined rapidly to become a great, prosperous, and important
+mining and commercial community. In the case of Colorado, I am not aware
+that any national exigency, either of a political or commercial nature,
+requires a departure from the law of equality which has been so
+generally adhered to in our history.
+
+If information submitted in connection with this bill is reliable,
+Colorado, instead of increasing, has declined in population. At an
+election for members of a Territorial legislature held in 1861, 10,580
+votes were cast; at the election before mentioned, in 1864, the number
+of votes cast was 6,192; while at the irregular election held in 1865,
+which is assumed as a basis for legislative action at this time, the
+aggregate of votes was 5,905. Sincerely anxious for the welfare and
+prosperity of every Territory and State, as well as for the prosperity
+and welfare of the whole Union, I regret this apparent decline of
+population in Colorado; but it is manifest that it is due to emigration
+which is going on from that Territory into other regions within the
+United States, which either are in fact or are believed by the
+inhabitants of Colorado to be richer in mineral wealth and agricultural
+resources. If, however, Colorado has not really declined in population,
+another census or another election under the authority of Congress would
+place the question beyond doubt, and cause but little delay in the
+ultimate admission of the Territory as a State if desired by the people.
+
+The tenor of these objections furnishes the reply which may be expected
+to an argument in favor of the measure derived from the enabling act
+which was passed by Congress on the 21st day of March, 1864. Although
+Congress then supposed that the condition of the Territory was such as
+to warrant its admission as a State, the result of two years' experience
+shows that every reason which existed for the institution of a
+Territorial instead of a State government in Colorado at its first
+organization still continues in force.
+
+The condition of the Union at the present moment is calculated to
+inspire caution in regard to the admission of new States. Eleven of the
+old States have been for some time, and still remain, unrepresented
+in Congress. It is a common interest of all the States, as well those
+represented as those unrepresented, that the integrity and harmony of
+the Union should be restored as completely as possible, so that all
+those who are expected to bear the burdens of the Federal Government
+shall be consulted concerning the admission of new States; and that
+in the meantime no new State shall be prematurely and unnecessarily
+admitted to a participation in the political power which the Federal
+Government wields, not for the benefit of any individual State or
+section, but for the common safety, welfare, and happiness of the whole
+country.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 15, 1866_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act to enable the New York and Montana Iron Mining
+and Manufacturing Company to purchase a certain amount of the public
+lands not now in market" is herewith returned to the Senate, in which it
+originated, with the objections which induce me to withhold my approval.
+
+By the terms of this bill the New York and Montana Iron Mining and
+Manufacturing Company are authorized, at any time within one year after
+the date of approval, to _preempt_ two tracts of land in the Territory
+of Montana, not exceeding in the aggregate twenty sections, and not
+included in any Indian reservation or in any Government reservation for
+military or other purposes. Three of these sections may be selected from
+lands containing _iron ore and coal_, and the remainder from _timber_
+lands lying near thereto. These selections are to be made under
+regulations from the Secretary of the Interior and be subject to his
+approval. The company, on the selection of the lands, may acquire
+immediate possession by permanently marking their boundaries and
+publishing description thereof in any two newspapers of general
+circulation in the Territory of Montana. Patents are to be issued on
+the performance, within two years, of the following conditions:
+
+First. The lands to be surveyed at the expense of the company, and each
+tract to be "as nearly in a square form as may be practicable."
+
+Second. The company to furnish evidence satisfactory to the Secretary of
+the Interior that they have erected and have in operation in one or more
+places on said lands iron works capable of manufacturing at least 1,500
+tons of iron per annum.
+
+Third. The company to have paid for said lands the minimum price of
+$1.25 per acre.
+
+It is also provided that the "patents shall convey no title to any
+mineral lands except iron and coal, or to any lands held by right of
+possession, or by any other title, _except Indian title_, valid at
+the time of the selection of the said lands." The company are to have
+the privileges of _ordinary preemptors_ and be subject to the same
+restrictions as such preemptors with reference to wood and timber on the
+lands, with the exception of so much as may be necessarily used in the
+erection of buildings and in the legitimate business of manufacturing
+iron.
+
+The parties upon whom these privileges are conferred are designated in
+the bill as "The New York and Montana Iron Mining and Manufacturing
+Company." Their names and residence not being disclosed, it must be
+inferred that this company is a corporation, which, under color of
+corporate powers derived from some State or Territorial legislative
+authority, proposes to carry on the business of mining and manufacturing
+iron, and to accomplish these ends seeks this grant of public land in
+Montana. Two questions thus arise, viz, whether the privileges the bill
+would confer should be granted to any person or persons, and, secondly,
+whether, if unobjectionable in other respects, they should be conferred
+upon a corporation.
+
+The public domain is a national trust, set apart and held for the
+general welfare upon principles of equal justice, and not to be bestowed
+as a special privilege upon a favored class. The proper rules for the
+disposal of public land have from the earliest period been the subject
+of earnest inquiry, grave discussion, and deliberate judgment. The
+purpose of _direct_ revenue was the first object, and this was attained
+by public sale to the highest bidder, and subsequently by the right of
+private purchase at a fixed minimum. It was soon discovered that the
+surest and most speedy means of promoting the wealth and prosperity of
+the country was by encouraging actual settlement and occupation, and
+hence a system of preemption rights, resulting most beneficially, in all
+the Western Territories. By progressive steps it has advanced to the
+homestead principle, securing to every head of a family, widow, and
+single man 21 years of age and to every soldier who has borne arms for
+his country a landed estate sufficient, with industry, for the purpose
+of independent support.
+
+Without tracing the system of preemption laws through the several
+stages, it is sufficient to observe that it rests upon certain just
+and plain principles, firmly established in all our legislation. The
+object of these laws is to encourage the expansion of population and
+the development of agricultural interests, and hence they have been
+invariably restricted to settlers. Actual residence and cultivation are
+made indispensable conditions; and, to guard the privilege from abuses
+of speculation or monopoly, the law is rigid as to the mode of
+establishing claims by adequate testimony, with penalties for perjury.
+Mining, trading, or any pursuit other than culture of the soil is
+interdicted, mineral lands being expressly excluded from preemption
+privileges, excepting those containing coal, which, in quantities not
+exceeding 160 acres, are restricted to individuals in actual possession
+and commerce, with an enhanced minimum of $20 per acre.
+
+For a quarter of a century the quantity of land subject to agricultural
+preemption has been limited so as not to exceed a quarter section, or
+160 acres; and, still further to guard against monopoly, the privilege
+of preemption is not allowed to any person who owns 320 acres of land in
+any State or Territory of the United States, nor is any person entitled
+to more than one preemptive right, nor is it extended to lands to which
+the Indian usufruct has not been extinguished. To restrict the
+privilege within reasonable limits, credit to the ordinary preemptor on
+_offered_ land is not extended beyond twelve months, within which time
+the minimum price must be paid. Where the settlement is upon _unoffered_
+territory, the time for payment is limited to the day of public offering
+designated by proclamation of the President; while, to prevent
+depreciation of the land by waste or destruction of what may constitute
+its value, penal enactments have been made for the punishment of persons
+depredating upon public timber.
+
+Now, supposing the New York and Montana Iron Mining and Manufacturing
+Company to be entitled to all the preemption rights which it has been
+found just and expedient to bestow upon natural persons, it will be seen
+that the privileges conferred by the bill in question are in direct
+conflict with every principle heretofore observed in respect to the
+disposal of the public lands.
+
+The bill confers preemption right to _mineral lands_, which, excepting
+coal lands, at an enhanced minimum, have heretofore, as a general
+principle, been carefully excluded from preemption. The object of the
+company is not to cultivate the soil or to promote agriculture, but is
+for the sole purpose of mining and manufacturing iron. The company is
+not limited, like ordinary preemptors, to one preemptive claim of a
+quarter section, but may preempt two bodies of land, amounting in
+the aggregate to twenty sections, containing 12,800 acres, or eighty
+ordinary individual preemption rights. The timber is not protected, but,
+on the contrary, is devoted to speedy destruction; for even before the
+consummation of title the company are allowed to consume whatever may be
+necessary in the erection of buildings and the business of manufacturing
+iron. For these special privileges, in contravention of the land policy
+of so many years, the company are required to pay only the minimum price
+of $1.25 per acre, or one-sixteenth of the established minimum, and are
+granted a credit of two years, or twice the time allowed ordinary
+preemptors on offered lands.
+
+Nor is this all. The preemption right in question covers three sections
+of land containing iron ore and _coal_. The act passed on the 1st of
+July, 1864, made it lawful for the President to cause tracts embracing
+coal beds or coal fields to be offered at public sale in suitable legal
+subdivisions to the highest bidder, after public notice of not less than
+three months, at a minimum price of $20 per acre, and any lands not thus
+disposed of were thereafter to be liable to private entry at said
+minimum. By the act of March 3, 1865, the right of preemption to coal
+lands is granted to any citizen of the United States who at that date
+was engaged in the business of coal mining on the public domain for
+purposes of commerce; and he is authorized to enter, according to legal
+subdivisions, at the minimum price of $20 per acre, a quantity of land
+not exceeding 160 acres, to embrace his improvements and mining
+premises. Under these acts the minimum price of three sections of coal
+lands would be thirty-eight thousand four hundred dollars ($38,400).
+
+By the bill now in question these sections containing _coal and iron_
+are bestowed on this company at the nominal price of $1.25 per acre, or
+two thousand four hundred dollars ($2,400), thus making a gratuity or
+gift to the New York and Montana Iron Mining and Manufacturing Company
+of thirty-six thousand dollars ($36,000).
+
+On what ground can such a gratuity to this company be justified,
+especially at a time when the burdens of taxation bear so heavily upon
+all classes of the people?
+
+Less than two years ago it appears to have been the deliberate judgment
+of Congress that tracts of land containing coal beds or coal fields
+should be sold, after three months' notice, to the bidder at public
+auction who would give the highest price over $20 per acre, and that
+a citizen engaged in the business of actual coal mining on the public
+domain should only secure a tract of 160 acres, at private entry, upon
+payment of $20 per acre and formal and satisfactory proof that he in all
+respects came within the requirements of the statute. It can not be that
+the coal fields of Montana have depreciated nearly twenty fold in value
+since July, 1864. So complete a revolution in the land policy as is
+manifested by this act can only be ascribed, therefore, to an
+inadvertence, which Congress will, I trust, promptly correct.
+
+Believing that the preemption policy--so deliberately adopted, so long
+practiced, so carefully guarded with a view to the disposal of the
+public lands in a manner that would promote the population and
+prosperity of the country--should not be perverted to the purposes
+contemplated by this bill, I would be constrained to withhold my
+sanction even if this company were, as natural persons, entitled to the
+privileges of ordinary preemptors; for if a corporation, as the name and
+the absence of any designation of individuals would denote, the measure
+before me is liable to another fatal objection.
+
+Why should incorporated companies have the privileges of individual
+preemptors? What principle of justice requires such a policy? What
+motive of public welfare can fail to condemn it? Lands held by
+corporations were regarded by ancient laws as held in mortmain, or by
+"dead hand," and from the time of Magna Charta corporations required
+the royal license to hold land, because such holding was regarded as in
+derogation of public policy and common right. Preemption is itself a
+special privilege, only authorized by its supposed public benefit in
+promoting the settlement and cultivation of vacant territory and in
+rewarding the enterprise of the persons upon whom the privilege is
+bestowed. "Preemption rights," as declared by the Supreme Court of the
+United States, "are founded in an enlightened public policy, rendered
+necessary by the enterprise of our citizens. The adventurous pioneer,
+who is found in advance of our settlements, encounters many hardships,
+and not unfrequently dangers from savage incursions. He is generally
+poor, and it is fit that his enterprise should be rewarded by the
+privilege of purchasing the spot selected by him, not to exceed 160
+acres."
+
+It may be said that this company, before they obtain a patent, must
+prove that within two years they "have erected and have in operation
+in one or more places on the said lands iron works with a capacity for
+manufacturing at least 1,500 tons of iron per annum." On the other hand,
+they are to have possession for two years of more than 12,000 acres of
+the choice land of the Territory, of which nearly 2,000 acres are to
+contain _iron ore and coal_ and over 10,000 acres to be of _timber_
+land selected by themselves. They will thus have the first and exclusive
+choice. In fact, they are the only parties who at this time would have
+any privilege whatever in the way of obtaining titles in that Territory.
+Inasmuch as Montana has not yet been organized into a land district, the
+general preemption laws for the benefit of individual settlers have not
+yet been extended to that country, nor has a single acre of public
+land in the Territory yet been surveyed. With such exclusive and
+extraordinary privileges, how many companies would be willing to
+undertake furnaces that would produce 5 tons per day in much less time
+than two years?
+
+It is plain the pretended consideration on which the patent is to issue
+bears no just proportion to that of the ordinary preemptor, and that
+this bill is but the precursor of a system of land distribution to a
+privileged class, unequal, unjust, and which ought not to receive the
+sanction of the General Government. Many thousand pioneers have turned
+their steps to the Western Territories, seeking, with their wives and
+children, homesteads to be acquired by sturdy industry under the
+preemption laws. On their arrival they should not find the timbered
+lands and the tracts containing iron ore and coal already surveyed and
+claimed by corporate companies, favored by the special legislation of
+Congress, and with boundaries fixed even in advance of the public
+surveys--a departure from the salutary provision requiring a settler
+upon unsurveyed lands to limit the boundaries of his claim to the lines
+of the public survey after they shall have been established. He receives
+a title only to a legal subdivision, including his residence and
+improvements. The survey of the company may not accord with that which
+will hereafter be made by the Government, while the patent that issues
+will be descriptive of and confer a title to the tract as surveyed by
+the company.
+
+I am aware of no precedent for granting such exclusive rights to a
+manufacturing company for a nominal consideration. Congress have made
+concessions to railway companies of alternate sections within given
+limits of the lines of their roads. This policy originated in the belief
+that the facilities afforded by reaching the parts of the country remote
+from the great centers of population would expedite the settlement and
+sale of the public domain. These incidental advantages were secured
+without pecuniary loss to the Government, by reason of the enhanced
+value of the reserved sections, which are held at the double minimum.
+Mining and manufacturing companies, however, have always been
+distinguished from public-improvement corporations. The former are, in
+law and in fact, only private associations for trade and business on
+individual account and for personal benefit. Admitting the proposition
+that railroad grants can stand on sound principle, it is plain that such
+can not be the case with concessions to companies like that contemplated
+by this measure. In view of the strong temptation to monopolize the
+public lands, with the pernicious results, it would seem at least of
+doubtful expediency to lift corporations above all competition with
+actual settlers by authorizing them to become purchasers of public lands
+in the Territories for any purpose, and particularly when clothed with
+the special benefits of this bill. For myself, I am convinced that the
+privileges of ordinary preemptors ought not to be extended to
+incorporated companies.
+
+A third objection may be mentioned, as it exemplifies the spirit in
+which special privileges are sought by incorporated companies.
+
+Land subject to Indian occupancy has always been scrupulously guarded by
+law from preemption settlement or encroachment under any pretext until
+the Indian title should be extinguished. In the fourth section of this
+act, however, lands held by "Indian title" are excepted from prohibition
+against the patent to be issued to the New York and Montana Iron Mining
+and Manufacturing Company.
+
+The bill provides that the patent "shall convey no title to any mineral
+lands _except iron and coal_, or to any lands held by right of
+possession, or by any other title, _except Indian title_, valid at
+the time of the selection of the said lands." It will be seen that by
+the first section lands in "Indian reservations" are excluded from
+individual preemption right, but by the fourth section the patent may
+cover any Indian title except a _reservation_; so that no matter what
+may be the nature of the Indian title, unless it be in a reservation,
+it is unprotected from the privilege conceded by this bill.
+
+Without further pursuing the subject, I return the bill to the Senate
+without my signature, and with the following as prominent objections to
+its becoming a law:
+
+First. That it gives to the New York and Montana Iron Mining and
+Manufacturing Company preemption privileges to iron and coal lands on a
+large scale and at the ordinary minimum--a privilege denied to ordinary
+preemptors. It bestows upon the company large tracts of _coal_ lands at
+one-sixteenth of the minimum price required from ordinary preemptors.
+It also relieves the company from restrictions imposed upon ordinary
+preemptors in respect to _timber lands_; allows double the time for
+payment granted to preemptors on offered lands; and these privileges are
+for purposes not heretofore authorized by the preemption laws, but for
+trade and manufacturing.
+
+Second. Preemption rights on such a scale to private corporations are
+unequal and hostile to the policy and principles which sanction
+preemption laws.
+
+Third. The bill allows this company to take possession of land, use it,
+and acquire a patent thereto before the Indian title is extinguished,
+and thus violates the good faith of the Government toward the aboriginal
+tribes.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 16, 1866_.
+
+_To the House of Representatives_:
+
+A careful examination of the bill passed by the two Houses of Congress
+entitled "An act to continue in force and to amend 'An act to establish
+a bureau for the relief of freedmen and refugees, and for other
+purposes'" has convinced me that the legislation which it proposes would
+not be consistent with the welfare of the country, and that it falls
+clearly within the reasons assigned in my message of the 19th of
+February last, returning, without my signature, a similar measure which
+originated in the Senate. It is not my purpose to repeat the objections
+which I then urged. They are yet fresh in your recollection, and can be
+readily examined as a part of the records of one branch of the National
+Legislature. Adhering to the principles set forth in that message, I now
+reaffirm them and the line of policy therein indicated.
+
+The only ground upon which this kind of legislation can be justified is
+that of the war-making power. The act of which this bill is intended
+as amendatory was passed during the existence of the war. By its own
+provisions it is to terminate within one year from the cessation of
+hostilities and the declaration of peace. It is therefore yet in
+existence, and it is likely that it will continue in force as long
+as the freedmen may require the benefit of its provisions. It will
+certainly remain in operation as a law until some months subsequent to
+the meeting of the next session of Congress, when, if experience shall
+make evident the necessity of additional legislation, the two Houses
+will have ample time to mature and pass the requisite measures. In the
+meantime the questions arise, Why should this war measure be continued
+beyond the period designated in the original act, and why in time of
+peace should military tribunals be created to continue until each
+"State shall be fully restored in its constitutional relations to the
+Government and shall be duly represented in the Congress of the United
+States"?
+
+It was manifest, with respect to the act approved March 3, 1865, that
+prudence and wisdom alike required that jurisdiction over all cases
+concerning the free enjoyment of the immunities and rights of
+citizenship, as well as the protection of person and property, should
+be conferred upon some tribunal in every State or district where the
+ordinary course of judicial proceedings was interrupted by the
+rebellion, and until the same should be fully restored. At that time,
+therefore, an urgent necessity existed for the passage of some such
+law. Now, however, war has substantially ceased; the ordinary course of
+judicial proceedings is no longer interrupted; the courts, both State
+and Federal, are in full, complete, and successful operation, and
+through them every person, regardless of race and color, is entitled to
+and can be heard. The protection granted to the white citizen is already
+conferred by law upon the freedman; strong and stringent guards, by way
+of penalties and punishments, are thrown around his person and property,
+and it is believed that ample protection will be afforded him by due
+process of law, without resort to the dangerous expedient of "military
+tribunals," now that the war has been brought to a close. The necessity
+no longer existing for such tribunals, which had their origin in the
+war, grave objections to their continuance must present themselves to
+the minds of all reflecting and dispassionate men. Independently of the
+danger, in representative republics, of conferring upon the military,
+in time of peace, extraordinary powers--so carefully guarded against
+by the patriots and statesmen of the earlier days of the Republic,
+so frequently the ruin of governments founded upon the same free
+principles, and subversive of the rights and liberties of the
+citizen--the question of practical economy earnestly commends itself to
+the consideration of the lawmaking power. With an immense debt already
+burdening the incomes of the industrial and laboring classes, a due
+regard for their interests, so inseparably connected with the welfare of
+the country, should prompt us to rigid economy and retrenchment, and
+influence us to abstain from all legislation that would unnecessarily
+increase the public indebtedness. Tested by this rule of sound political
+wisdom, I can see no reason for the establishment of the "military
+jurisdiction" conferred upon the officials of the Bureau by the
+fourteenth section of the bill.
+
+By the laws of the United States and of the different States competent
+courts, Federal and State, have been established and are now in full
+practical operation. By means of these civil tribunals ample redress is
+afforded for all private wrongs, whether to the person or the property
+of the citizen, without denial or unnecessary delay. They are open to
+all, without regard to color or race. I feel well assured that it will
+be better to trust the rights, privileges, and immunities of the citizen
+to tribunals thus established, and presided over by competent and
+impartial judges, bound by fixed rules of law and evidence, and where
+the right of trial by jury is guaranteed and secured, than to the
+caprice or judgment of an officer of the Bureau, who it is possible
+may be entirely ignorant of the principles that underlie the just
+administration of the law. There is danger, too, that conflict of
+jurisdiction will frequently arise between the civil courts and these
+military tribunals, each having concurrent jurisdiction over the person
+and the cause of action--the one judicature administered and controlled
+by civil law, the other by the military. How is the conflict to be
+settled, and who is to determine between the two tribunals when it
+arises? In my opinion, it is wise to guard against such conflict by
+leaving to the courts and juries the protection of all civil rights
+and the redress of all civil grievances.
+
+The fact can not be denied that since the actual cessation of
+hostilities many acts of violence, such, perhaps, as had never been
+witnessed in their previous history, have occurred in the States
+involved in the recent rebellion. I believe, however, that public
+sentiment will sustain me in the assertion that such deeds of wrong are
+not confined to any particular State or section, but are manifested over
+the entire country, demonstrating that the cause that produced them
+does not depend upon any particular locality, but is the result of
+the agitation and derangement incident to a long and bloody civil war.
+While the prevalence of such disorders must be greatly deplored, their
+occasional and temporary occurrence would seem to furnish no necessity
+for the extension of the Bureau beyond the period fixed in the original
+act.
+
+Besides the objections which I have thus briefly stated, I may urge upon
+your consideration the additional reason that recent developments in
+regard to the practical operations of the Bureau in many of the States
+show that in numerous instances it is used by its agents as a means of
+promoting their individual advantage, and that the freedmen are employed
+for the advancement of the personal ends of the officers instead of
+their own improvement and welfare, thus confirming the fears originally
+entertained by many that the continuation of such a Bureau for any
+unnecessary length of time would inevitably result in fraud, corruption,
+and oppression. It is proper to state that in cases of this character
+investigations have been promptly ordered, and the offender punished
+whenever his guilt has been satisfactorily established.
+
+As another reason against the necessity of the legislation contemplated
+by this measure, reference may be had to the "civil-rights bill," now a
+law of the land, and which will be faithfully executed so long as it
+shall remain unrepealed and may not be declared unconstitutional by
+courts of competent jurisdiction. By that act it is enacted--
+
+ That all persons born in the United States and not subject to any
+ foreign power, excluding Indians not taxed, are hereby declared to
+ be citizens of the United States; and such citizens, of every race
+ and color, without regard to any previous condition of slavery or
+ involuntary servitude, except as a punishment for crime whereof the
+ party shall have been duly convicted, shall have the same right in every
+ State and Territory in the United States to make and enforce contracts;
+ to sue, be parties, and give evidence; to inherit, purchase, lease,
+ sell, hold, and convey real and personal property, and to full and equal
+ benefit of all laws and proceedings for the security of person and
+ property, as is enjoyed by white citizens, and shall be subject to like
+ punishment, pains, and penalties, and to none other, any law, statute,
+ ordinance, regulation, or custom to the contrary notwithstanding.
+
+
+By the provisions of the act full protection is afforded through the
+district courts of the United States to all persons injured, and whose
+privileges, as thus declared, are in any way impaired; and heavy
+penalties are denounced against the person who willfully violates the
+law. I need not state that that law did not receive my approval; yet its
+remedies are far more preferable than those proposed in the present
+bill--the one being civil and the other military.
+
+By the sixth section of the bill herewith returned certain proceedings
+by which the lands in the "parishes of St. Helena and St. Luke, South
+Carolina," were sold and bid in, and afterwards disposed of by the tax
+commissioners, are ratified and confirmed. By the seventh, eighth,
+ninth, tenth, and eleventh sections provisions by law are made for the
+disposal of the lands thus acquired to a particular class of citizens.
+While the quieting of titles is deemed very important and desirable, the
+discrimination made in the bill seems objectionable, as does also the
+attempt to confer upon the commissioners judicial powers by which
+citizens of the United States are to be deprived of their property in a
+mode contrary to that provision of the Constitution which declares that
+no person shall "be deprived of life, liberty, or property without due
+process of law." As a general principle, such legislation is unsafe,
+unwise, partial, and unconstitutional. It may deprive persons of their
+property who are equally deserving objects of the nation's bounty as
+those whom by this legislation Congress seeks to benefit. The title to
+the land thus to be portioned out to a favored class of citizens must
+depend upon the regularity of the tax sales under the law as it existed
+at the time of the sale, and no subsequent legislation can give
+validity to the right thus acquired as against the original claimants.
+The attention of Congress is therefore invited to a more mature
+consideration of the measures proposed in these sections of the bill.
+
+In conclusion I again urge upon Congress the danger of class
+legislation, so well calculated to keep the public mind in a state of
+uncertain expectation, disquiet, and restlessness and to encourage
+interested hopes and fears that the National Government will continue to
+furnish to classes of citizens in the several States means for support
+and maintenance regardless of whether they pursue a life of indolence or
+of labor, and regardless also of the constitutional limitations of the
+national authority in times of peace and tranquillity.
+
+The bill is herewith returned to the House of Representatives, in which
+it originated, for its final action.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 28, 1866_.
+
+_To the House of Representatives_:
+
+I herewith return, without my approval, the bill entitled "An act
+erecting the Territory of Montana into a surveying district, and for
+other purposes."
+
+The bill contains four sections, the first of which erects the Territory
+into a surveying district and authorizes the appointment of a
+surveyor-general; the second constitutes the Territory a land district;
+the third authorizes the appointment of a register and receiver for said
+district; and the fourth requires the surveyor-general to--
+
+ select and survey eighteen alternate odd sections of nonmineral timber
+ lands within said district for the New York and Montana Iron Mining and
+ Manufacturing Company, incorporated under the laws of the State of New
+ York, which lands the said company shall have immediate possession of on
+ the payment of _$1.25_ per acre, and shall have a patent for the same
+ whenever, within two years after their selection, they shall have
+ furnished evidence satisfactory to the Secretary of the Interior that
+ they have erected and have in operation on the said lands iron works
+ with a capacity for manufacturing 1,500 tons of iron per annum:
+ _Provided_, That the said lands shall revert to the United States in
+ case the above-mentioned iron works be not erected within the specified
+ time: _And provided_, That until the title to the said lands shall have
+ been perfected the timber shall not be cut off from more than one
+ section of the said lands.
+
+To confer the special privileges specified in this fourth section
+appears to be the chief object of the bill, the provisions of which are
+subject to some of the most important objections that induced me to
+return to the Senate with my disapproval the bill entitled "An act to
+enable the New York and Montana Iron Mining and Manufacturing Company
+to purchase a certain amount of the public lands not now in market."
+That bill authorized the same corporation to select and survey in the
+Territory of Montana, in square form, twenty-one sections of land, three
+of which might contain coal and iron ore, for which the minimum rate of
+$1.25 per acre was to be paid. The present bill omits these sections of
+mineral lands, and directs the surveyor-general to select and survey the
+timber lands; but it contains the objectionable feature of granting
+to a private mining and manufacturing corporation exclusive rights and
+privileges in the public domain which are by law denied to individuals.
+The first choice of timber land in the Territory is bestowed upon a
+corporation foreign to the Territory and over which Congress has no
+control. The surveyor-general of the district, a public officer who
+should have no connection with any purchase of public land, is made the
+agent of the corporation to select the land, the selections to be made
+in the absence of all competition; and over 11,000 acres are bestowed
+at the lowest price of public lands. It is by no means certain that
+the substitution of alternate sections for the compact body of lands
+contemplated by the other bill is any less injurious to the public
+interest, for alternate sections stripped of timber are not likely
+to enhance the value of those reserved by the Government. Be this as
+it may, this bill bestows a large monopoly of public lands without
+adequate consideration; confers a right and privilege in quantity
+equivalent to seventy-two preemption rights; introduces a dangerous
+system of privileges to private trading corporations; and is an unjust
+discrimination in favor of traders and speculators against individual
+settlers and pioneers who are seeking homes and improving our Western
+Territories. Such a departure from the long-established, wise, and just
+policy which has heretofore governed the disposition of the public funds
+[lands] can not receive my sanction. The objections enumerated apply to
+the fourth section of the bill. The first, second, and third sections,
+providing for the appointment of a surveyor-general, register, and
+receiver, are unobjectionable if any necessity requires the creation
+of these offices and the additional expenses of a new surveying land
+district. But they appear in this instance to be only needed as a part
+of the machinery to enable the "New York and Montana Iron Mining and
+Manufacturing Company" to secure these privileges; for I am informed by
+the proper Department, in a communication hereto annexed, that there is
+no public necessity for a surveyor-general, register, or receiver in
+Montana Territory, since it forms part of an existing surveying and land
+district, wherein the public business is, under present laws, transacted
+with adequate facility, so that the provisions of the first, second, and
+third sections would occasion needless expense to the General
+Government.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 13th day of October, 1864, having been
+issued to Esteban Rogers, recognizing him as consul _ad interim_ of the
+Republic of Chile for the port of New York and its dependencies and
+declaring him free to exercise and enjoy such functions, powers, and
+privileges as are allowed to consuls by the law of nations or by the
+laws of the United States and existing treaty stipulations between the
+Government of Chile and the United States; but as it is deemed advisable
+that the said Esteban Rogers should no longer be permitted to continue
+in the exercise of said functions, powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said
+Esteban Rogers as consul _ad interim_ of the Republic of Chile for
+the port of New York and its dependencies and will not permit him to
+exercise or enjoy any of the functions, powers, or privileges allowed to
+a consular officer of that nation; and that I do hereby wholly revoke
+and annul the said exequatur heretofore given and do declare the same
+to be absolutely null and void from this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, this 12th day of February, A.D.
+1866, and of the Independence of the United States of America the
+ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 7th day of October, 1864, having been
+issued to Claudius Edward Habicht, recognizing him as consul of Sweden
+and Norway at New York and declaring him free to exercise and enjoy such
+functions, powers, and privileges as are allowed to consuls by the law
+of nations or by the laws of the United States and existing treaty
+stipulations between the Government of Sweden and Norway and the United
+States; but as it is deemed advisable that the said Claudius Edward
+Habicht should no longer be permitted to continue in the exercise of
+said functions, powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said
+Claudius Edward Habicht as consul of Sweden and Norway at New York and
+will not permit him to exercise or enjoy any of the functions, powers,
+or privileges allowed to a consular officer of that nation; and that I
+do hereby wholly revoke and annul the said exequatur heretofore given
+and do declare the same to be absolutely null and void from this day
+forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+and of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 1st day of July, 1865, having been issued
+to S.M. Svenson, recognizing him as vice-consul of Sweden and Norway at
+New Orleans and declaring him free to exercise and enjoy such functions,
+powers, and privileges as are allowed to vice-consuls by the law of
+nations or by the laws of the United States and existing treaty
+stipulations between the Government of Sweden and Norway and the United
+States; but as it is deemed advisable that the said S.M. Svenson should
+no longer be permitted to continue in the exercise of said functions,
+powers, and privileges:
+
+These are therefore to declare that I no longer recognize the said S.M.
+Svenson as vice-consul of Sweden and Norway at New Orleans and will
+not permit him to exercise or enjoy any of the functions, powers, or
+privileges allowed to a consular officer of that nation; and that I do
+hereby wholly revoke and annul the said exequatur heretofore given and
+do declare the same to be absolutely null and void from this day
+forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand, at Washington, the 26th day of March, A.D. 1866,
+and of the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by proclamations of the 15th and 19th of April, 1861, the
+President of the United States, in virtue of the power vested in him by
+the Constitution and the laws, declared that the laws of the United
+States were opposed and the execution thereof obstructed in the States
+of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+and Texas by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings or by the powers vested in the marshals
+by law; and
+
+Whereas by another proclamation, made on the 16th day of August, in the
+same year, in pursuance of an act of Congress approved July 13, 1861,
+the inhabitants of the States of Georgia, South Carolina, Virginia,
+North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+Mississippi, and Florida (except the inhabitants of that part of the
+State of Virginia lying west of the Alleghany Mountains and of such
+other parts of that State and the other States before named as might
+maintain a loyal adhesion to the Union and the Constitution or might be
+from time to time occupied and controlled by forces of the United States
+engaged in the dispersion of insurgents) were declared to be in a state
+of insurrection against the United States; and
+
+Whereas by another proclamation, of the 1st day of July, 1862, issued in
+pursuance of an act of Congress approved June 7, in the same year, the
+insurrection was declared to be still existing in the States aforesaid,
+with the exception of certain specified counties in the State of
+Virginia; and
+
+Whereas by another proclamation, made on the 2d day of April, 1863, in
+pursuance of the act of Congress of July 13, 1861, the exceptions named
+in the proclamation of August 16, 1861, were revoked and the inhabitants
+of the States of Georgia, South Carolina, North Carolina, Tennessee,
+Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+(except the forty-eight counties of Virginia designated as West Virginia
+and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+North Carolina) were declared to be still in a state of insurrection
+against the United States; and
+
+Whereas the House of Representatives, on the 22d day of July, 1861,
+adopted a resolution in the words following, namely:
+
+ _Resolved by the House of Representatives of the Congress of the United
+ States_, That the present deplorable civil war has been forced upon the
+ country by the disunionists of the Southern States now in revolt against
+ the constitutional Government and in arms around the capital; that in
+ this national emergency Congress, banishing all feelings of mere passion
+ or resentment, will recollect only its duty to the whole country; that
+ this war is not waged upon our part in any spirit of oppression, nor for
+ any purpose of conquest or subjugation, nor purpose of overthrowing or
+ interfering with the rights or established institutions of those States,
+ but to defend and maintain the supremacy of the Constitution and to
+ preserve the Union, with all the dignity, equality, and rights of the
+ several States unimpaired; and that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas the Senate of the United States, on the 25th day of July,
+1861, adopted a resolution in the words following, to wit:
+
+ _Resolved_, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas these resolutions, though not joint or concurrent in form,
+are substantially identical, and as such may be regarded as having
+expressed the sense of Congress upon the subject to which they relate;
+and
+
+Whereas by my proclamation of the 13th day of June last the insurrection
+in the State of Tennessee was declared to have been suppressed, the
+authority of the United States therein to be undisputed, and such United
+States officers as had been duly commissioned to be in the undisturbed
+exercise of their official functions; and
+
+Whereas there now exists no organized armed resistance of misguided
+citizens or others to the authority of the United States in the States
+of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can
+be sustained and enforced therein by the proper civil authority, State
+or Federal, and the people of said States are well and loyally disposed
+and have conformed or will conform in their legislation to the condition
+of affairs growing out of the amendment to the Constitution of the
+United States prohibiting slavery within the limits and jurisdiction of
+the United States; and
+
+Whereas, in view of the before-recited premises, it is the manifest
+determination of the American people that no State of its own will has
+the right or the power to go out of, or separate itself from, or be
+separated from, the American Union, and that therefore each State ought
+to remain and constitute an integral part of the United States; and
+
+Whereas the people of the several before-mentioned States have, in the
+manner aforesaid, given satisfactory evidence that they acquiesce in
+this sovereign and important resolution of national unity; and
+
+Whereas it is believed to be a fundamental principle of government that
+people who have revolted and who have been overcome and subdued must
+either be dealt with so as to induce them voluntarily to become friends
+or else they must be held by absolute military power or devastated so as
+to prevent them from ever again doing harm as enemies, which last-named
+policy is abhorrent to humanity and to freedom; and
+
+Whereas the Constitution of the United States provides for constituent
+communities only as States, and not as Territories, dependencies,
+provinces, or protectorates; and
+
+Whereas such constituent States must necessarily be, and by the
+Constitution and laws of the United States are, made equals and placed
+upon a like footing as to political rights, immunities, dignity, and
+power with the several States with which they are united; and
+
+Whereas the observance of political equality, as a principle of right
+and justice, is well calculated to encourage the people of the aforesaid
+States to be and become more and more constant and persevering in their
+renewed allegiance; and
+
+Whereas standing armies, military occupation, martial law, military
+tribunals, and the suspension of the privilege of the writ of _habeas
+corpus_ are in time of peace dangerous to public liberty, incompatible
+with the individual rights of the citizen, contrary to the genius and
+spirit of our free institutions, and exhaustive of the national
+resources, and ought not, therefore, to be sanctioned or allowed except
+in cases of actual necessity for repelling invasion or suppressing
+insurrection or rebellion; and
+
+Whereas the policy of the Government of the United States from the
+beginning of the insurrection to its overthrow and final suppression has
+been in conformity with the principles herein set forth and enumerated:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the insurrection which heretofore
+existed in the States of Georgia, South Carolina, Virginia, North
+Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and
+Florida is at an end and is henceforth to be so regarded.
+
+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 2d day of April, A.D. 1866, and of
+the Independence of the United States of America the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas the exequatur of Claudius Edward Habicht, recognizing him as
+consul of Sweden and Norway at New York, and that of S.M. Svenson as
+vice-consul of Sweden and Norway at New Orleans were formally revoked on
+the 26th day of March last; and
+
+Whereas representations have been made to me since that date which have
+effectually relieved those gentlemen from the charges of unlawful and
+unfriendly conduct heretofore entertained against them:
+
+Now, therefore, be it known that I, Andrew Johnson, President of
+the United States of America, do hereby annul the revocation of the
+exequaturs of the said Claudius Edward Habicht and S.M. Svenson and
+restore to them the right to exercise the functions and privileges
+heretofore granted as consular officers of the Government of Sweden
+and Norway.
+
+In testimony whereof I have hereunto signed my name and caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 30th day of May, A.D. 1866, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas it has become known to me that certain evil-disposed persons
+have, within the territory and jurisdiction of the United States, begun
+and set on foot and have provided and prepared, and are still engaged in
+providing and preparing, means for a military expedition and enterprise,
+which expedition and enterprise is to be carried on from the territory
+and jurisdiction of the United States against colonies, districts, and
+people of British North America, within the dominions of the United
+Kingdom of Great Britain and Ireland, with which said colonies,
+districts, and people and Kingdom the United States are at peace; and
+
+Whereas the proceedings aforesaid constitute a high misdemeanor,
+forbidden by the laws of the United States as well as by the law of
+nations:
+
+Now, therefore, for the purpose of preventing the carrying on of the
+unlawful expedition and enterprise aforesaid from the territory and
+jurisdiction of the United States and to maintain the public peace as
+well as the national honor and enforce obedience and respect to the laws
+of the United States, I, Andrew Johnson, President of the United States,
+do admonish and warn all good citizens of the United States against
+taking part in or in any wise aiding, countenancing, or abetting said
+unlawful proceedings; and I do exhort all judges, magistrates, marshals,
+and officers in the service of the United States to employ all their
+lawful authority and power to prevent and defeat the aforesaid unlawful
+proceedings and to arrest and bring to justice all persons who may be
+engaged therein.
+
+And, pursuant to the act of Congress in such case made and provided,
+I do furthermore authorize and empower Major-General George G. Meade,
+commander of the Military Division of the Atlantic, to employ the land
+and naval forces of the United States and the militia thereof to arrest
+and prevent the setting on foot and carrying on the expedition and
+enterprise aforesaid.
+
+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 6th day of June, A.D. 1866, and of
+the Independence of the United States the ninetieth.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas a war is existing in the Republic of Mexico, aggravated by
+foreign military intervention; and
+
+Whereas the United States, in accordance with their settled habits and
+policy, are a neutral power in regard to the war which thus afflicts the
+Republic of Mexico; and
+
+Whereas it has become known that one of the belligerents in the said
+war, namely, the Prince Maximilian, who asserts himself to be Emperor in
+Mexico, has issued a decree in regard to the port of Matamoras and other
+Mexican ports which are in the occupation and possession of another of
+the said belligerents, namely, the United States of Mexico, which decree
+is in the following words:
+
+ The port of Matamoras and all those of the northern frontier which have
+ withdrawn from their obedience to the Government are closed to foreign
+ and coasting traffic during such time as the empire of the law shall not
+ be therein reinstated.
+
+ ART. 2. Merchandise proceeding from the said ports, on arriving at any
+ other where the excise of the Empire is collected, shall pay the duties
+ on importation, introduction, and consumption, and, on satisfactory
+ proof of contravention, shall be irremissibly confiscated. Our minister
+ of the treasury is charged with the punctual execution of this decree.
+
+ Given at Mexico, the 9th of July, 1866.
+
+
+And whereas the decree thus recited, by declaring a belligerent blockade
+unsupported by competent military or naval force, is in violation of the
+neutral rights of the United States as defined by the law of nations as
+well as of the treaties existing between the United States of America
+and the aforesaid United States of Mexico:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the aforesaid decree is held and will
+be held by the United States to be absolutely null and void as against
+the Government and citizens of the United States, and that any attempt
+which shall be made to enforce the same against the Government or the
+citizens of the United States will be disallowed.
+
+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, the 17th day of August, A.D. 1866, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by proclamations of the 15th and 19th of April, 1861, the
+President of the United States, in virtue of the power vested in him
+by the Constitution and the laws, declared that the laws of the United
+States were opposed and the execution thereof obstructed in the States
+of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
+and Texas by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings, or by the powers vested in the marshals
+by law; and
+
+Whereas by another proclamation, made on the 16th day of August, in the
+same year, in pursuance of an act of Congress approved July 13, 1861,
+the inhabitants of the States of Georgia, South Carolina, Virginia,
+North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
+Mississippi, and Florida (except the inhabitants of that part of the
+State of Virginia lying west of the Alleghany Mountains, and except also
+the inhabitants of such other parts of that State and the other States
+before named as might maintain a loyal adhesion to the Union and the
+Constitution or might be from time to time occupied and controlled by
+forces of the United States engaged in the dispersion of insurgents)
+were declared to be in a state of insurrection against the United
+States; and
+
+Whereas by another proclamation, of the 1st day of July, 1862, issued in
+pursuance of an act of Congress approved June 7, in the same year, the
+insurrection was declared to be still existing in the States aforesaid,
+with the exception of certain specified counties in the State of
+Virginia; and
+
+Whereas by another proclamation, made on the 2d day of April, 1863, in
+pursuance of the act of Congress of July 13, 1861, the exceptions named
+in the proclamation of August 16, 1861, were revoked and the inhabitants
+of the States of Georgia, South Carolina, North Carolina, Tennessee,
+Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia
+(except the forty-eight counties of Virginia designated as West Virginia
+and the ports of New Orleans, Key West, Port Royal, and Beaufort, in
+North Carolina) were declared to be still in a state of insurrection
+against the United States; and
+
+Whereas by another proclamation, of the 15th day of September, 1863,
+made in pursuance of the act of Congress approved March 3, 1863, the
+rebellion was declared to be still existing and the privilege of the
+writ of _habeas corpus_ was in certain specified cases suspended
+throughout the United States, said suspension to continue throughout
+the duration of the rebellion or until said proclamation should, by
+a subsequent one to be issued by the President of the United States,
+be modified or revoked; and
+
+Whereas the House of Representatives, on the 22d day of July, 1861,
+adopted a resolution in the words following, namely:
+
+ _Resolved by the House of Representatives of the Congress of the United
+ States_, That the present deplorable civil war has been forced upon
+ the country by the dis-unionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feelings of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not waged upon our part in any spirit of
+ oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and to preserve the Union, with all the dignity,
+ equality, and rights of the several States unimpaired; and that as
+ soon as these objects are accomplished the war ought to cease.
+
+
+And whereas the Senate of the United States, on the 25th day of July,
+1861, adopted a resolution in the words following, to wit:
+
+ _Resolved_, That the present deplorable civil war has been forced upon
+ the country by the disunionists of the Southern States now in revolt
+ against the constitutional Government and in arms around the capital;
+ that in this national emergency Congress, banishing all feeling of
+ mere passion or resentment, will recollect only its duty to the whole
+ country; that this war is not prosecuted upon our part in any spirit
+ of oppression, nor for any purpose of conquest or subjugation, nor
+ purpose of overthrowing or interfering with the rights or established
+ institutions of those States, but to defend and maintain the supremacy
+ of the Constitution and all laws made in pursuance thereof and to
+ preserve the Union, with all the dignity, equality, and rights of
+ the several States unimpaired; that as soon as these objects are
+ accomplished the war ought to cease.
+
+
+And whereas these resolutions, though not joint or concurrent in form,
+are substantially identical, and as such have hitherto been and yet are
+regarded as having expressed the sense of Congress upon the subject to
+which they relate; and
+
+Whereas the President of the United States, by proclamation of the 13th
+of June, 1865, declared that the insurrection in the State of Tennessee
+had been suppressed, and that the authority of the United States therein
+was undisputed, and that such United States officers as had been duly
+commissioned were in the undisturbed exercise of their official
+functions; and
+
+Whereas the President of the United States, by further proclamation,
+issued on the 2d day of April, 1866, did promulgate and declare that
+there no longer existed any armed resistance of misguided citizens or
+others to the authority of the United States in any or in all the States
+before mentioned, excepting only the State of Texas, and did further
+promulgate and declare that the laws could be sustained and enforced in
+the several States before mentioned, except Texas, by the proper civil
+authorities, State or Federal, and that the people of the said States,
+except Texas, are well and loyally disposed and have conformed or will
+conform in their legislation to the condition of affairs growing out of
+the amendment to the Constitution of the United States prohibiting
+slavery within the limits and jurisdiction of the United States;
+
+And did further declare in the same proclamation that it is the manifest
+determination of the American people that no State, of its own will, has
+a right or power to go out of, or separate itself from, or be separated
+from, the American Union; and that, therefore, each State ought to
+remain and constitute an integral part of the United States;
+
+And did further declare in the same last-mentioned proclamation that
+the several aforementioned States, excepting Texas, had in the manner
+aforesaid given satisfactory evidence that they acquiesce in this
+sovereign and important resolution of national unity; and
+
+Whereas the President of the United States in the same proclamation did
+further declare that it is believed to be a fundamental principle of
+government that the people who have revolted and who have been overcome
+and subdued must either be dealt with so as to induce them voluntarily
+to become friends or else they must be held by absolute military power
+or devastated so as to prevent them from ever again doing harm as
+enemies, which last-named policy is abhorrent to humanity and to
+freedom; and
+
+Whereas the President did in the same proclamation further declare
+that the Constitution of the United States provides for constituent
+communities only as States, and not as Territories, dependencies,
+provinces, or protectorates;
+
+And further, that such constituent States must necessarily be, and by
+the Constitution and laws of the United States are, made equals and
+placed upon a like footing as to political rights, immunities, dignity,
+and power with the several States with which they are united;
+
+And did further declare that the observance of political equality, as
+a principle of right and justice, is well calculated to encourage the
+people of the before named States, except Texas, to be and to become
+more and more constant and persevering in their renewed allegiance; and
+
+Whereas the President did further declare that standing armies,
+military occupation, martial law, military tribunals, and the suspension
+of the writ of _habeas corpus_ are in time of peace dangerous to public
+liberty, incompatible with the individual rights of the citizen,
+contrary to the genius and spirit of our free institutions, and
+exhaustive of the national resources, and ought not, therefore, to be
+sanctioned or allowed except in cases of actual necessity for repelling
+invasion or suppressing insurrection or rebellion;
+
+And the President did further, in the same proclamation, declare that
+the policy of the Government of the United States from the beginning
+of the insurrection to its overthrow and final suppression had been
+conducted in conformity with the principles in the last-named
+proclamation recited; and
+
+Whereas the President, in the said proclamation of the 13th of June,
+1865, upon the grounds therein stated and hereinbefore recited, did then
+and thereby proclaim and declare that the insurrection which heretofore
+existed in the several States before named, except in Texas, was at an
+end and was henceforth to be so regarded; and
+
+Whereas subsequently to the said 2d day of April, 1866, the insurrection
+in the State of Texas has been completely and everywhere suppressed and
+ended and the authority of the United States has been successfully and
+completely established in the said State of Texas and now remains
+therein unresisted and undisputed, and such of the proper United States
+officers as have been duly commissioned within the limits of the said
+State are now in the undisturbed exercise of their official functions;
+and
+
+Whereas the laws can now be sustained and enforced in the said State of
+Texas by the proper civil authority, State or Federal, and the people
+of the said State of Texas, like the people of the other States before
+named, are well and loyally disposed and have conformed or will conform
+in their legislation to the condition of affairs growing out of the
+amendment of the Constitution of the United States prohibiting slavery
+within the limits and jurisdiction of the United States; and
+
+Whereas all the reasons and conclusions set forth in regard to the
+several States therein specially named now apply equally and in all
+respects to the State of Texas, as well as to the other States which
+had been involved in insurrection; and
+
+Whereas adequate provision has been made by military orders to enforce
+the execution of the acts of Congress, aid the civil authorities, and
+secure obedience to the Constitution and laws of the United States
+within the State of Texas if a resort to military force for such purpose
+should at any time become necessary:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby proclaim and declare that the insurrection which heretofore
+existed in the State of Texas is at an end and is to be henceforth so
+regarded in that State as in the other States before named in which the
+said insurrection was proclaimed to be at an end by the aforesaid
+proclamation of the 2d day of April, 1866.
+
+And I do further proclaim that the said insurrection is at an end and
+that peace, order, tranquillity, and civil authority now exist in and
+throughout the whole of the United States of America.
+
+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 20th day of August, A.D. 1866, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Almighty God, our Heavenly Father, has been pleased to vouchsafe to us
+as a people another year of that national life which is an indispensable
+condition of peace, security, and progress. That year has, moreover,
+been crowned with many peculiar blessings.
+
+The civil war that so recently closed among us has not been anywhere
+reopened; foreign intervention has ceased to excite alarm or
+apprehension; intrusive pestilence has been benignly mitigated; domestic
+tranquillity has improved, sentiments of conciliation have largely
+prevailed, and affections of loyalty and patriotism have been widely
+renewed; our fields have yielded quite abundantly, our mining industry
+has been richly rewarded, and we have been allowed to extend our
+railroad system far into the interior recesses of the country, while
+our commerce has resumed its customary activity in foreign seas.
+
+These great national blessings demand a national acknowledgment.
+
+Now, therefore, I, Andrew Johnson. President of the United States, do
+hereby recommend that Thursday, the 29th day of November next, be set
+apart and be observed everywhere in the several States and Territories
+of the United States by the people thereof as a day of thanksgiving and
+praise to Almighty God, with due remembrance that "in His temple doth
+every man speak of His honor." I recommend also that on the same solemn
+occasion they do humbly and devoutly implore Him to grant to our
+national councils and to our whole people that divine wisdom which
+alone can lead any nation into the ways of all good.
+
+In offering these national thanksgivings, praises, and supplications we
+have the divine assurance that "the Lord remaineth a king forever; them
+that are meek shall He guide in judgment and such as are gentle shall He
+learn His way; the Lord shall give strength to His people, and the Lord
+shall give to His people the blessing of peace."
+
+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 8th day of October, A.D. 1866, and
+of the Independence of the United States the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+[From the Daily National Intelligencer, April 9, 1866.]
+
+EXECUTIVE MANSION, _April 7, 1866_.
+
+It is eminently right and proper that the Government of the United
+States should give earnest and substantial evidence of its just
+appreciation of the services of the patriotic men who when the life of
+the nation was imperiled entered the Army and Navy to preserve the
+integrity of the Union, defend the Government, and maintain and
+perpetuate unimpaired its free institutions.
+
+_It is therefore directed_--
+
+First. That in appointments to office in the several Executive
+Departments of the General Government and the various branches of
+the public service connected with said Departments preference shall
+be given to such meritorious and honorably discharged soldiers and
+sailors--particularly those who have been disabled by wounds received
+or diseases contracted in the line of duty--as may possess the proper
+qualifications.
+
+Second. That in all promotions in said Departments and the several
+branches of the public service connected therewith such persons shall
+have preference, when equally eligible and qualified, over those who
+have not faithfully and honorably served in the land or naval forces
+of the United States.
+
+ANDREW JOHNSON.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, April 13, 1866_.
+
+On the 14th of April, 1865, great affliction was brought upon the
+American people by the assassination of the lamented Abraham Lincoln,
+then President of the United States. The undersigned is therefore
+directed by the President to announce that in commemoration of that
+event the public offices will be closed to-morrow, the 14th instant.
+
+WILLIAM H. SEWARD.
+
+
+
+GENERAL ORDERS, No. 26.
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE.
+ _Washington, May 1, 1866_.
+
+ORDER IN RELATION TO TRIALS BY MILITARY COURTS AND COMMISSIONS.
+
+Whereas some military commanders are embarrassed by doubts as to the
+operation of the proclamation of the President dated the 2d day of
+April, 1866, upon trials by military courts-martial and military
+officers; to remove such doubts--
+
+_It is ordered by the President_, That hereafter, whenever offenses
+committed by civilians are to be tried where civil tribunals are in
+existence which can try them, their cases are not authorized to be, and
+will not be, brought before military courts-martial or commissions, but
+will be committed to the proper civil authorities. This order is not
+applicable to camp followers, as provided for under the sixtieth article
+of war, or to contractors and others specified in section 16, act of
+July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and
+offenses cognizable by the Rules and Articles of War and by the acts of
+Congress above cited will continue to be tried and punished by military
+tribunals as prescribed by the Rules and Articles of War and acts of
+Congress hereinafter cited, to wit:
+
+ [Sixtieth of the Rules and Articles of War.]
+
+ 60. All sutlers and retainers to the camp, and all persons whatsoever
+ serving with the armies of the United States in the field, though not
+ enlisted soldiers, are to be subject to orders, according to the rules
+ and discipline of war.
+
+
+ [Extract from "An act to define the pay and emoluments of certain
+ officers of the Army, and for other purposes," approved July 17, 1862.]
+
+ SEC. 16. _And be it further enacted_, That whenever any contractor for
+ subsistence, clothing, arms, ammunition, munitions of war, and for every
+ description of supplies for the Army or Navy of the United States, shall
+ be found guilty by a court-martial of fraud or willful neglect of duty,
+ he shall be punished by fine, imprisonment, or such other punishment as
+ the court-martial shall adjudge; and any person who shall contract to
+ furnish supplies of any kind or description for the Army or Navy, _he_
+ shall be deemed and taken as a part of the land or naval forces of the
+ United States for which he shall contract to furnish said supplies, and
+ be subject to the rules and regulations for the government of the land
+ and naval forces of the United States.
+
+
+ [Extract from "An act to prevent and punish frauds upon the Government
+ of the United States," approved March 2, 1863.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That any person in the land or
+ naval forces of the United States, or in the militia in actual service
+ of the United States in time of war, who shall make or cause to be made,
+ or present or cause to be presented for payment or approval to or by any
+ person or officer in the civil or military service of the United States,
+ any claim upon or against the Government of the United States, or
+ any department or officer thereof, knowing such claim to be false,
+ fictitious, or fraudulent; any person in such forces or service who
+ shall, for the purpose of obtaining or aiding in obtaining the approval
+ or payment of such claim, make, use, or cause to be made or used, any
+ false bill, receipt, voucher, entry, roll, account, claim, statement,
+ certificate, affidavit, or deposition, knowing the same to contain any
+ false or fraudulent statement or entry; any person in said forces or
+ service who shall make or procure to be made, or knowingly advise the
+ making of, any false oath to any fact, statement, or certificate,
+ voucher or entry, for the purpose of obtaining or of aiding to obtain
+ any approval or payment of any claim against the United States, or any
+ department or officer thereof; any person in said forces or service who,
+ for the purpose of obtaining or enabling any other person to obtain
+ from the Government of the United States, or any department or officer
+ thereof, any payment or allowance, or the approval or signature of any
+ person in the military, naval, or civil service of the United States
+ of or to any false, fraudulent, or fictitious claim, shall forge or
+ counterfeit, or cause or procure to be forged or counterfeited, any
+ signature upon any bill, receipt, voucher, account, claim, roll,
+ statement, affidavit, or deposition; and any person in said forces or
+ service who shall utter or use the same as true or genuine, knowing the
+ same to have been forged or counterfeited; any person in said forces or
+ service who shall enter into any agreement, combination, or conspiracy
+ to cheat or defraud the Government of the United States, or any
+ department or officer thereof, by obtaining or aiding and assisting to
+ obtain the payment or allowance of any false or fraudulent claim; any
+ person in said forces or service who shall steal, embezzle, or knowingly
+ and willfully misappropriate or apply to his own use or benefit, or who
+ shall wrongfully and knowingly sell, convey, or dispose of any ordnance,
+ arms, ammunition, clothing, subsistence stores, money, or other property
+ of the United States, furnished or to be used for the military or naval
+ service of the United States; any contractor, agent, paymaster,
+ quartermaster, or other person whatsoever in said forces or service
+ having charge, possession, custody, or control of any money or other
+ public property used or to be used in the military or naval service of
+ the United States, who shall, with intent to defraud the United States,
+ or willfully to conceal such money or other property, deliver or cause
+ to be delivered to any other person having authority to receive the same
+ any amount of such money or other public property less than that for
+ which he shall receive a certificate or receipt; any person in said
+ forces or service who is or shall be authorized to make or deliver any
+ certificate, voucher, or receipt, or other paper certifying the receipt
+ of arms, ammunition, provisions, clothing, or other public property so
+ used or to be used, who shall make or deliver the same to any person
+ without having full knowledge of the truth of the facts stated therein,
+ and with intent to cheat, defraud, or injure the United States; any
+ person in said forces or service who shall knowingly purchase or
+ receive, in pledge for any obligation or indebtedness, from any soldier,
+ officer, or other person called into or employed in said forces or
+ service, any arms, equipments, ammunition, clothes, or military stores,
+ or other public property, such soldier, officer, or other person not
+ having the lawful right to pledge or sell the same, shall be deemed
+ guilty of a criminal offense, and shall be subject to the rules and
+ regulations made for the government of the military and naval forces of
+ the United States, and of the militia when called into and employed in
+ the actual service of the United States in time of war, and to the
+ provisions of this act. And every person so offending may be arrested
+ and held for trial by a court-martial, and if found guilty shall be
+ punished by fine and imprisonment, or such other punishment as the
+ court-martial may adjudge, save the punishment of death.
+
+ SEC. 2. _And be it further enacted_, That any person heretofore called
+ or hereafter to be called into or employed in such forces or service who
+ shall commit any violation of this act, and shall afterwards receive his
+ discharge or be dismissed from the service, shall, notwithstanding such
+ discharge or dismissal, continue to be liable to be arrested and held
+ for trial and sentence by a court-martial in the same manner and to the
+ same extent as if he had not received such discharge or been dismissed.
+
+ * * * * *
+
+By order of the Secretary of War:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION, _May 29, 1866_.
+
+The President with profound sorrow announces to the people of the United
+States the death of Winfield Scott, the late Lieutenant-General of the
+Army. On the day which may be appointed for his funeral the several
+Executive Departments of the Government will be closed.
+
+The heads of the War and Navy Departments will respectively give orders
+for paying appropriate honors to the memory of the deceased.
+
+ANDREW JOHNSON.
+
+
+
+[From the Daily National Intelligencer, June 6, 1866.]
+
+ATTORNEY-GENERAL'S OFFICE,
+
+_Washington, D.C., June 5, 1866_.
+
+By direction of the President, you[7] are hereby instructed to cause
+the arrest of all prominent, leading, or conspicuous persons called
+"Fenians" who you may have probable cause to believe have been or may
+be guilty of violations of the neutrality laws of the United States.
+
+JAMES SPEED,
+
+_Attorney-General_.
+
+[Footnote 7: Addressed to district attorneys and marshals of the United
+States.]
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, June 18, 1866_.
+
+The President directs the undersigned to perform the painful duty
+of announcing to the people of the United States that Lewis Cass,
+distinguished not more by faithful service in varied public trusts than
+by exalted patriotism at a recent period of political disorder, departed
+this life at 4 o'clock yesterday morning. The several Executive
+Departments of the Government will cause appropriate honors to be
+rendered to the memory of the deceased at home and abroad wherever the
+national name and authority are acknowledged.
+
+WILLIAM H. SEWARD.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., October 26, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: Recent advices indicate an early evacuation of Mexico by the French
+expeditionary forces and that the time has arrived when our minister to
+Mexico should place himself in communication with that Republic.
+
+In furtherance of the objects of his mission and as evidence of the
+earnest desire felt by the United States for the proper adjustment of
+the questions involved, I deem it of great importance that General Grant
+should by his presence and advice cooperate with our minister.
+
+I have therefore to ask that you will request General Grant to proceed
+to some point on our Mexican frontier most suitable and convenient for
+communication with our minister, or (if General Grant deems it best) to
+accompany him to his destination in Mexico, and to give him the aid of
+his advice in carrying out the instructions of the Secretary of State,
+a copy of which is herewith sent for the General's information.
+
+General Grant will make report to the Secretary of War of such matters
+as, in his discretion, ought to be communicated to the Department.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., October 30, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: General Ulysses S. Grant having found it inconvenient to assume
+the duties specified in my letter to you of the 26th instant, you will
+please relieve him from the same and assign them in all respects to
+William T. Sherman, Lieutenant-General of the Army of the United States.
+By way of guiding General Sherman in the performance of his duties, you
+will furnish him with a copy of your special orders to General Grant,
+made in compliance with my letter of the 26th instant, together with a
+copy of the instructions of the Secretary of State to Lewis D. Campbell,
+esq., therein mentioned. The Lieutenant-General will proceed to the
+execution of his duties without delay.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., November 1, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: In the report of General Grant of the 27th ultimo, inclosed in your
+communication of that date, reference is made to the force at present
+stationed in the Military Department of Washington (which embraces the
+District of Columbia, the counties of Alexander and Fairfax, Va., and
+the States of Maryland and Delaware), and it is stated that the entire
+number of troops comprised in the command is 2,224, of which only 1,550
+are enumerated as "effective." In view of the prevalence in various
+portions of the country of a revolutionary and turbulent disposition,
+which might at any moment assume insurrectionary proportions and lead to
+serious disorders, and of the duty of the Government to be at all times
+prepared to act with decision and effect, this force is not deemed
+adequate for the protection and security of the seat of Government.
+
+I therefore request that you will at once take such measures as will
+insure its safety, and thus discourage any attempt for its possession
+by insurgent or other illegal combinations.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., November 2, 1866_.
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: There is ground to apprehend danger of an insurrection in Baltimore
+against the constituted authorities of the State of Maryland on or about
+the day of the election soon to be held in that city, and that in such
+contingency the aid of the United States might be invoked under the acts
+of Congress which pertain to that subject. While I am averse to any
+military demonstration that would have a tendency to interfere with the
+free exercise of the elective franchise in Baltimore or be construed
+into any interference in local questions, I feel great solicitude that
+should an insurrection take place the Government should be prepared to
+meet and promptly put it down. I accordingly desire you to call General
+Grant's attention to the subject, leaving to his own discretion and
+judgment the measures of preparation and precaution that should be
+adopted.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 3, 1866_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+After a brief interval the Congress of the United States resumes its
+annual legislative labors. An all-wise and merciful Providence has
+abated the pestilence which visited our shores, leaving its calamitous
+traces upon some portions of our country. Peace, order, tranquillity,
+and civil authority have been formally declared to exist throughout the
+whole of the United States. In all of the States civil authority has
+superseded the coercion of arms, and the people, by their voluntary
+action, are maintaining their governments in full activity and complete
+operation. The enforcement of the laws is no longer "obstructed in any
+State by combinations too powerful to be suppressed by the ordinary
+course of judicial proceedings," and the animosities engendered by the
+war are rapidly yielding to the beneficent influences of our free
+institutions and to the kindly effects of unrestricted social and
+commercial intercourse. An entire restoration of fraternal feeling
+must be the earnest wish of every patriotic heart; and we will have
+accomplished our grandest national achievement when, forgetting the sad
+events of the past and remembering only their instructive lessons, we
+resume our onward career as a free, prosperous, and united people.
+
+In my message of the 4th of December, 1865, Congress was informed of the
+measures which had been instituted by the Executive with a view to the
+gradual restoration of the States in which the insurrection occurred to
+their relations with the General Government. Provisional governors had
+been appointed, conventions called, governors elected, legislatures
+assembled, and Senators and Representatives chosen to the Congress
+of the United States. Courts had been opened for the enforcement of
+laws long in abeyance. The blockade had been removed, custom-houses
+reestablished, and the internal-revenue laws put in force, in order that
+the people might contribute to the national income. Postal operations
+had been renewed, and efforts were being made to restore them to their
+former condition of efficiency. The States themselves had been asked to
+take part in the high function of amending the Constitution, and of thus
+sanctioning the extinction of African slavery as one of the legitimate
+results of our internecine struggle.
+
+Having progressed thus far, the executive department found that it had
+accomplished nearly all that was within the scope of its constitutional
+authority. One thing, however, yet remained to be done before the work
+of restoration could be completed, and that was the admission to
+Congress of loyal Senators and Representatives from the States whose
+people had rebelled against the lawful authority of the General
+Government. This question devolved upon the respective Houses, which
+by the Constitution are made the judges of the elections, returns, and
+qualifications of their own members, and its consideration at once
+engaged the attention of Congress.
+
+In the meantime the executive department--no other plan having been
+proposed by Congress--continued its efforts to perfect, as far as was
+practicable, the restoration of the proper relations between the
+citizens of the respective States, the States, and the Federal
+Government, extending from time to time, as the public interests seemed
+to require, the judicial, revenue, and postal systems of the country.
+With the advice and consent of the Senate, the necessary officers were
+appointed and appropriations made by Congress for the payment of their
+salaries. The proposition to amend the Federal Constitution, so as to
+prevent the existence of slavery within the United States or any place
+subject to their jurisdiction, was ratified by the requisite number
+of States, and on the 18th day of December, 1865, it was officially
+declared to have become valid as a part of the Constitution of the
+United States. All of the States in which the insurrection had existed
+promptly amended their constitutions so as to make them conform to the
+great change thus effected in the organic law of the land; declared null
+and void all ordinances and laws of secession; repudiated all pretended
+debts and obligations created for the revolutionary purposes of the
+insurrection, and proceeded in good faith to the enactment of measures
+for the protection and amelioration of the condition of the colored
+race. Congress, however, yet hesitated to admit any of these States to
+representation, and it was not until toward the close of the eighth
+month of the session that an exception was made in favor of Tennessee
+by the admission of her Senators and Representatives.
+
+I deem it a subject of profound regret that Congress has thus far
+failed to admit to seats loyal Senators and Representatives from the
+other States whose inhabitants, with those of Tennessee, had engaged
+in the rebellion. Ten States--more than one-fourth of the whole
+number--remain without representation; the seats of fifty members in the
+House of Representatives and of twenty members in the Senate are yet
+vacant, not by their own consent, not by a failure of election, but by
+the refusal of Congress to accept their credentials. Their admission,
+it is believed, would have accomplished much toward the renewal and
+strengthening of our relations as one people and removed serious cause
+for discontent on the part of the inhabitants of those States. It would
+have accorded with the great principle enunciated in the Declaration
+of American Independence that no people ought to bear the burden of
+taxation and yet be denied the right of representation. It would have
+been in consonance with the express provisions of the Constitution that
+"each State shall have at least one Representative" and "that no State,
+without its consent, shall be deprived of its equal suffrage in the
+Senate." These provisions were intended to secure to every State and
+to the people of every State the right of representation in each House
+of Congress; and so important was it deemed by the framers of the
+Constitution that the equality of the States in the Senate should be
+preserved that not even by an amendment of the Constitution can any
+State, without its consent, be denied a voice in that branch of the
+National Legislature.
+
+It is true it has been assumed that the existence of the States was
+terminated by the rebellious acts of their inhabitants, and that, the
+insurrection having been suppressed, they were thenceforward to be
+considered merely as conquered territories. The legislative, executive,
+and judicial departments of the Government have, however, with great
+distinctness and uniform consistency, refused to sanction an assumption
+so incompatible with the nature of our republican system and with the
+professed objects of the war. Throughout the recent legislation of
+Congress the undeniable fact makes itself apparent that these ten
+political communities are nothing less than States of this Union. At the
+very commencement of the rebellion each House declared, with a unanimity
+as remarkable as it was significant, that the war was not "waged upon
+our part in any spirit of oppression, nor for any purpose of conquest or
+subjugation, nor purpose of overthrowing or interfering with the rights
+or established institutions of those States, but to defend and maintain
+the supremacy of the Constitution and all laws made in pursuance
+thereof, and to preserve the Union, with all the dignity, equality,
+and rights of the several States unimpaired; and that as soon as these
+objects" were "accomplished the war ought to cease." In some instances
+Senators were permitted to continue their legislative functions, while
+in other instances Representatives were elected and admitted to seats
+after their States had formally declared their right to withdraw from
+the Union and were endeavoring to maintain that right by force of arms.
+All of the States whose people were in insurrection, as States, were
+included in the apportionment of the direct tax of $20,000,000 annually
+laid upon the United States by the act approved 5th August, 1861.
+Congress, by the act of March 4, 1862, and by the apportionment of
+representation thereunder also recognized their presence as States in
+the Union; and they have, for judicial purposes, been divided into
+districts, as States alone can be divided. The same recognition appears
+in the recent legislation in reference to Tennessee, which evidently
+rests upon the fact that the functions of the State were not destroyed
+by the rebellion, but merely suspended; and that principle is of course
+applicable to those States which, like Tennessee, attempted to renounce
+their places in the Union.
+
+The action of the executive department of the Government upon this
+subject has been equally definite and uniform, and the purpose of the
+war was specifically stated in the proclamation issued by my predecessor
+on the 22d day of September, 1862. It was then solemnly proclaimed and
+declared "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."
+
+The recognition of the States by the judicial department of the
+Government has also been clear and conclusive in all proceedings
+affecting them as States had in the Supreme, circuit, and district
+courts.
+
+In the admission of Senators and Representatives from any and all of the
+States there can be no just ground of apprehension that persons who are
+disloyal will be clothed with the powers of legislation, for this could
+not happen when the Constitution and the laws are enforced by a vigilant
+and faithful Congress. Each House is made the "judge of the elections,
+returns, and qualifications of its own members," and may, "with the
+concurrence of two-thirds, expel a member." When a Senator or
+Representative presents his certificate of election, he may at once
+be admitted or rejected; or, should there be any question as to his
+eligibility, his credentials may be referred for investigation to the
+appropriate committee. If admitted to a seat, it must be upon evidence
+satisfactory to the House of which he thus becomes a member that
+he possesses the requisite constitutional and legal qualifications.
+If refused admission as a member for want of due allegiance to the
+Government and returned to his constituents, they are admonished that
+none but persons loyal to the United States will be allowed a voice
+in the legislative councils of the nation, and the political power
+and moral influence of Congress are thus effectively exerted in the
+interests of loyalty to the Government and fidelity to the Union. Upon
+this question, so vitally affecting the restoration of the Union and the
+permanency of our present form of government, my convictions, heretofore
+expressed, have undergone no change, but, on the contrary, their
+correctness has been confirmed by reflection and time. If the admission
+of loyal members to seats in the respective Houses of Congress was wise
+and expedient a year ago, it is no less wise and expedient now. If this
+anomalous condition is right now--if in the exact condition of these
+States at the present time it is lawful to exclude them from
+representation--I do not see that the question will be changed by the
+efflux of time. Ten years hence, if these States remain as they are, the
+right of representation will be no stronger, the right of exclusion will
+be no weaker.
+
+The Constitution of the United States makes it the duty of the President
+to recommend to the consideration of Congress "such measures as he shall
+judge necessary and expedient." I know of no measure more imperatively
+demanded by every consideration of national interest, sound policy,
+and equal justice than the admission of loyal members from the now
+unrepresented States. This would consummate the work of restoration
+and exert a most salutary influence in the reestablishment of peace,
+harmony, and fraternal feeling. It would tend greatly to renew the
+confidence of the American people in the vigor and stability of their
+institutions. It would bind us more closely together as a nation and
+enable us to show to the world the inherent and recuperative power of a
+government founded upon the will of the people and established upon the
+principles of liberty, justice, and intelligence. Our increased strength
+and enhanced prosperity would irrefragably demonstrate the fallacy of
+the arguments against free institutions drawn from our recent national
+disorders by the enemies of republican government. The admission of
+loyal members from the States now excluded from Congress, by allaying
+doubt and apprehension, would turn capital now awaiting an opportunity
+for investment into the channels of trade and industry. It would
+alleviate the present troubled condition of those States, and by
+inducing emigration aid in the settlement of fertile regions now
+uncultivated and lead to an increased production of those staples which
+have added so greatly to the wealth of the nation and commerce of the
+world. New fields of enterprise would be opened to our progressive
+people, and soon the devastations of war would be repaired and all
+traces of our domestic differences effaced from the minds of our
+countrymen.
+
+In our efforts to preserve "the unity of government which constitutes
+us one people" by restoring the States to the condition which they held
+prior to the rebellion, we should be cautious, lest, having rescued
+our nation from perils of threatened disintegration, we resort to
+consolidation, and in the end absolute despotism, as a remedy for the
+recurrence of similar troubles. The war having terminated, and with it
+all occasion for the exercise of powers of doubtful constitutionality,
+we should hasten to bring legislation within the boundaries prescribed
+by the Constitution and to return to the ancient landmarks established
+by our fathers for the guidance of succeeding generations.
+
+ The constitution which at any time exists till changed by an explicit
+ and authentic act of the whole people is sacredly obligatory upon all.
+ * * * If in the opinion of the people the distribution or modification
+ of the constitutional powers be in any particular wrong, let it be
+ corrected by an amendment in the way which the Constitution designates;
+ but let there be no change by usurpation, for * * * it is the customary
+ weapon by which free governments are destroyed.
+
+
+Washington spoke these words to his countrymen when, followed by their
+love and gratitude, he voluntarily retired from the cares of public
+life. "To keep in all things within the pale of our constitutional
+powers and cherish the Federal Union as the only rock of safety" were
+prescribed by Jefferson as rules of action to endear to his "countrymen
+the true principles of their Constitution and promote a union of
+sentiment and action, equally auspicious to their happiness and safety."
+Jackson held that the action of the General Government should always be
+strictly confined to the sphere of its appropriate duties, and justly
+and forcibly urged that our Government is not to be maintained nor our
+Union preserved "by invasions of the rights and powers of the several
+States. In thus attempting to make our General Government strong we make
+it weak. Its true strength consists in leaving individuals and States as
+much as possible to themselves; in making itself felt, not in its power,
+but in its beneficence; not in its control, but in its protection; not
+in binding the States more closely to the center, but leaving each to
+move unobstructed in its proper constitutional orbit." These are the
+teachings of men whose deeds and services have made them illustrious,
+and who, long since withdrawn from the scenes of life, have left to
+their country the rich legacy of their example, their wisdom, and their
+patriotism. Drawing fresh inspiration from their lessons, let us emulate
+them in love of country and respect for the Constitution and the laws.
+
+The report of the Secretary of the Treasury affords much information
+respecting the revenue and commerce of the country. His views upon
+the currency and with reference to a proper adjustment of our revenue
+system, internal as well as impost, are commended to the careful
+consideration of Congress. In my last annual message I expressed my
+general views upon these subjects. I need now only call attention to the
+necessity of carrying into every department of the Government a system
+of rigid accountability, thorough retrenchment, and wise economy.
+With no exceptional nor unusual expenditures, the oppressive burdens of
+taxation can be lessened by such a modification of our revenue laws as
+will be consistent with the public faith and the legitimate and
+necessary wants of the Government.
+
+The report presents a much more satisfactory condition of our finances
+than one year ago the most sanguine could have anticipated. During the
+fiscal year ending the 30th June, 1865 (the last year of the war), the
+public debt was increased $941,902,537, and on the 31st of October,
+1865, it amounted to $2,740,854,750. On the 31st day of October, 1866,
+it had been reduced to $2,551,310,006, the diminution during a period of
+fourteen months, commencing September 1, 1865, and ending October 31,
+1866, having been $206,379,565. In the last annual report on the state
+of the finances it was estimated that during the three quarters of the
+fiscal year ending the 30th of June last the debt would be increased
+$112,194,947. During that period, however, it was reduced $31,196,387,
+the receipts of the year having been $89,905,905 more and the
+expenditures $200,529,235 less than the estimates. Nothing could more
+clearly indicate than these statements the extent and availability of
+the national resources and the rapidity and safety with which, under
+our form of government, great military and naval establishments can be
+disbanded and expenses reduced from a war to a peace footing.
+
+During the fiscal year ending June 30, 1866, the receipts were
+$558,032,620 and the expenditures $520,750,940, leaving an available
+surplus of $37,281,680. It is estimated that the receipts for the fiscal
+year ending the 30th June, 1867, will be $475,061,386, and that the
+expenditures will reach the sum of $316,428,078, leaving in the Treasury
+a surplus of $158,633,308. For the fiscal year ending June 30, 1886, it
+is estimated that the receipts will amount to $436,000,000 and that the
+expenditures will be $350,247,641, showing an excess of $85,752,359 in
+favor of the Government. These estimated receipts may be diminished
+by a reduction of excise and import duties, but after all necessary
+reductions shall have been made the revenue of the present and of
+following years will doubtless be sufficient to cover all legitimate
+charges upon the Treasury and leave a large annual surplus to be applied
+to the payment of the principal of the debt. There seems now to be no
+good reason why taxes may not be reduced as the country advances in
+population and wealth, and yet the debt be extinguished within the
+next quarter of a century.
+
+The report of the Secretary of War furnishes valuable and important
+information in reference to the operations of his Department during the
+past year. Few volunteers now remain in the service, and they are being
+discharged as rapidly as they can be replaced by regular troops. The
+Army has been promptly paid, carefully provided with medical treatment,
+well sheltered and subsisted, and is to be furnished with breech-loading
+small arms. The military strength of the nation has been unimpaired
+by the discharge of volunteers, the disposition of unserviceable or
+perishable stores, and the retrenchment of expenditure. Sufficient war
+material to meet any emergency has been retained, and from the disbanded
+volunteers standing ready to respond to the national call large armies
+can be rapidly organized, equipped, and concentrated. Fortifications on
+the coast and frontier have received or are being prepared for more
+powerful armaments; lake surveys and harbor and river improvements are
+in course of energetic prosecution. Preparations have been made for the
+payment of the additional bounties authorized during the recent session
+of Congress, under such regulations as will protect the Government from
+fraud and secure to the honorably discharged soldier the well-earned
+reward of his faithfulness and gallantry. More than 6,000 maimed
+soldiers have received artificial limbs or other surgical apparatus,
+and 41 national cemeteries, containing the remains of 104,526 Union
+soldiers, have already been established. The total estimate of military
+appropriations is $25,205,669.
+
+It is stated in the report of the Secretary of the Navy that the naval
+force at this time consists of 278 vessels, armed with 2,351 guns. Of
+these, 115 vessels, carrying 1,029 guns, are in commission, distributed
+chiefly among seven squadrons. The number of men in the service is
+13,600. Great activity and vigilance have been displayed by all the
+squadrons, and their movements have been judiciously and efficiently
+arranged in such manner as would best promote American commerce and
+protect the rights and interests of our countrymen abroad. The vessels
+unemployed are undergoing repairs or are laid up until their services
+may be required. Most of the ironclad fleet is at League Island, in the
+vicinity of Philadelphia, a place which, until decisive action should be
+taken by Congress, was selected by the Secretary of the Navy as the most
+eligible location for that class of vessels. It is important that a
+suitable public station should be provided for the ironclad fleet.
+It is intended that these vessels shall be in proper condition for any
+emergency, and it is desirable that the bill accepting League Island for
+naval purposes, which passed the House of Representatives at its last
+session, should receive final action at an early period, in order that
+there may be a suitable public station for this class of vessels, as
+well as a navy-yard of area sufficient for the wants of the service
+on the Delaware River. The naval pension fund amounts to $11,750,000,
+having been increased $2,750,000 during the year. The expenditures
+of the Department for the fiscal year ending 30th June last were
+$43,324,526, and the estimates for the coming year amount to
+$23,568,436. Attention is invited to the condition of our seamen and the
+importance of legislative measures for their relief and improvement. The
+suggestions in behalf of this deserving class of our fellow-citizens are
+earnestly recommended to the favorable attention of Congress.
+
+The report of the Postmaster-General presents a most satisfactory
+condition of the postal service and submits recommendations which
+deserve the consideration of Congress. The revenues of the Department
+for the year ending June 30, 1866, were $14,386,986 and the expenditures
+$15,352,079, showing an excess of the latter of $965,093. In
+anticipation of this deficiency, however, a special appropriation was
+made by Congress in the act approved July 28, 1866. Including the
+standing appropriation of $700,000 for free mail matter as a legitimate
+portion of the revenues, yet remaining unexpended, the actual deficiency
+for the past year is only $265,093--a sum within $51,141 of the amount
+estimated in the annual report of 1864. The decrease of revenue compared
+with the previous year was 1-1/5 per cent, and the increase of
+expenditures, owing principally to the enlargement of the mail service
+in the South, was 12 per cent. On the 30th of June last there were in
+operation 6,930 mail routes, with an aggregate length of 180,921 miles,
+an aggregate annual transportation of 71,837,914 miles, and an aggregate
+annual cost, including all expenditures, of $8,410,184. The length of
+railroad routes is 32,092 miles and the annual transportation 30,609,467
+miles. The length of steamboat routes is 14,346 miles and the annual
+transportation 3,411,962 miles. The mail service is rapidly increasing
+throughout the whole country, and its steady extension in the Southern
+States indicates their constantly improving condition. The growing
+importance of the foreign service also merits attention. The post-office
+department of Great Britain and our own have agreed upon a preliminary
+basis for a new postal convention, which it is believed will prove
+eminently beneficial to the commercial interests of the United States,
+inasmuch as it contemplates a reduction of the international letter
+postage to one-half the existing rates; a reduction of postage with
+all other countries to and from which correspondence is transmitted
+in the British mail, or in closed mails through the United Kingdom;
+the establishment of uniform and reasonable charges for the sea
+and territorial transit of correspondence in closed mails; and an
+allowance to each post-office department of the right to use all mail
+communications established under the authority of the other for the
+dispatch of correspondence, either in open or closed mails, on the same
+terms as those applicable to the inhabitants of the country providing
+the means of transmission.
+
+The report of the Secretary of the Interior exhibits the condition
+of those branches of the public service which are committed to his
+supervision. During the last fiscal year 4,629,312 acres of public
+land were disposed of, 1,892,516 acres of which were entered under the
+homestead act. The policy originally adopted relative to the public
+lands has undergone essential modifications. Immediate revenue, and not
+their rapid settlement, was the cardinal feature of our land system.
+Long experience and earnest discussion have resulted in the conviction
+that the early development of our agricultural resources and the
+diffusion of an energetic population over our vast territory are objects
+of far greater importance to the national growth and prosperity than the
+proceeds of the sale of the land to the highest bidder in open market.
+The preemption laws confer upon the pioneer who complies with the terms
+they impose the privilege of purchasing a limited portion of "unoffered
+lands" at the minimum price. The homestead enactments relieve the
+settler from the payment of purchase money, and secure him a permanent
+home upon the condition of residence for a term of years. This liberal
+policy invites emigration from the Old and from the more crowded
+portions of the New World. Its propitious results are undoubted, and
+will be more signally manifested when time shall have given to it a
+wider development.
+
+Congress has made liberal grants of public land to corporations in
+aid of the construction of railroads and other internal improvements.
+Should this policy hereafter prevail, more stringent provisions will
+be required to secure a faithful application of the fund. The title to
+the lands should not pass, by patent or otherwise, but remain in the
+Government and subject to its control until some portion of the road has
+been actually built. Portions of them might then from time to time be
+conveyed to the corporation, but never in a greater ratio to the whole
+quantity embraced by the grant than the completed parts bear to the
+entire length of the projected improvement. This restriction would not
+operate to the prejudice of any undertaking conceived in good faith
+and executed with reasonable energy, as it is the settled practice to
+withdraw from market the lands falling within the operation of such
+grants, and thus to exclude the inception of a subsequent adverse right.
+A breach of the conditions which Congress may deem proper to impose
+should work a forfeiture of claim to the lands so withdrawn but
+unconveyed, and of title to the lands conveyed which remain unsold.
+
+Operations on the several lines of the Pacific Railroad have been
+prosecuted with unexampled vigor and success. Should no unforeseen
+causes of delay occur, it is confidently anticipated that this great
+thoroughfare will be completed before the expiration of the period
+designated by Congress.
+
+During the last fiscal year the amount paid to pensioners, including the
+expenses of disbursement, was $13,459,996, and 50,177 names were added
+to the pension rolls. The entire number of pensioners June 30, 1866,
+was 126,722. This fact furnishes melancholy and striking proof of
+the sacrifices made to vindicate the constitutional authority of the
+Federal Government and to maintain inviolate the integrity of the Union.
+They impose upon us corresponding obligations. It is estimated that
+$33,000,000 will be required to meet the exigencies of this branch of
+the service during the next fiscal year.
+
+Treaties have been concluded with the Indians, who, enticed into armed
+opposition to our Government at the outbreak of the rebellion, have
+unconditionally submitted to our authority and manifested an earnest
+desire for a renewal of friendly relations.
+
+During the year ending September 30, 1866, 8,716 patents for useful
+inventions and designs were issued, and at that date the balance in
+the Treasury to the credit of the patent fund was $228,297.
+
+As a subject upon which depends an immense amount of the production and
+commerce of the country, I recommend to Congress such legislation as
+may be necessary for the preservation of the levees of the Mississippi
+River. It is a matter of national importance that early steps should
+be taken, not only to add to the efficiency of these barriers against
+destructive inundations, but for the removal of all obstructions to the
+free and safe navigation of that great channel of trade and commerce.
+
+The District of Columbia under existing laws is not entitled to that
+representation in the national councils which from our earliest history
+has been uniformly accorded to each Territory established from time to
+time within our limits. It maintains peculiar relations to Congress, to
+whom the Constitution has granted the power of exercising exclusive
+legislation over the seat of Government. Our fellow-citizens residing
+in the District, whose interests are thus confided to the special
+guardianship of Congress, exceed in number the population of several of
+our Territories, and no just reason is perceived why a Delegate of their
+choice should not be admitted to a seat in the House of Representatives.
+No mode seems so appropriate and effectual of enabling them to make
+known their peculiar condition and wants and of securing the local
+legislation adapted to them. I therefore recommend the passage of a
+law authorizing the electors of the District of Columbia to choose a
+Delegate, to be allowed the same rights and privileges as a Delegate
+representing a Territory. The increasing enterprise and rapid progress
+of improvement in the District are highly gratifying, and I trust that
+the efforts of the municipal authorities to promote the prosperity of
+the national metropolis will receive the efficient and generous
+cooperation of Congress.
+
+The report of the Commissioner of Agriculture reviews the operations of
+his Department during the past year, and asks the aid of Congress in
+its efforts to encourage those States which, scourged by war, are now
+earnestly engaged in the reorganization of domestic industry.
+
+It is a subject of congratulation that no foreign combinations
+against our domestic peace and safety or our legitimate influence
+among the nations have been formed or attempted. While sentiments of
+reconciliation, loyalty, and patriotism have increased at home, a more
+just consideration of our national character and rights has been
+manifested by foreign nations.
+
+The entire success of the Atlantic telegraph between the coast of
+Ireland and the Province of Newfoundland is an achievement which has
+been justly celebrated in both hemispheres as the opening of an era in
+the progress of civilization. There is reason to expect that equal
+success will attend and even greater results follow the enterprise for
+connecting the two continents through the Pacific Ocean by the projected
+line of telegraph between Kamchatka and the Russian possessions in
+America.
+
+The resolution of Congress protesting against pardons by foreign
+governments of persons convicted of infamous offenses on condition of
+emigration to our country has been communicated to the states with which
+we maintain intercourse, and the practice, so justly the subject of
+complaint on our part, has not been renewed.
+
+The congratulations of Congress to the Emperor of Russia upon his escape
+from attempted assassination have been presented to that humane and
+enlightened ruler and received by him with expressions of grateful
+appreciation.
+
+The Executive, warned of an attempt by Spanish American adventurers to
+induce the emigration of freedmen of the United States to a foreign
+country, protested against the project as one which, if consummated,
+would reduce them to a bondage even more oppressive than that from
+which they have just been relieved. Assurance has been received from
+the Government of the State in which the plan was matured that the
+proceeding will meet neither its encouragement nor approval. It is
+a question worthy of your consideration whether our laws upon this
+subject are adequate to the prevention or punishment of the crime
+thus meditated.
+
+In the month of April last, as Congress is aware, a friendly
+arrangement was made between the Emperor of France and the President
+of the United States for the withdrawal from Mexico of the French
+expeditionary military forces. This withdrawal was to be effected in
+three detachments, the first of which, it was understood, would leave
+Mexico in November, now past, the second in March next, and the third
+and last in November, 1867. Immediately upon the completion of the
+evacuation the French Government was to assume the same attitude of
+nonintervention in regard to Mexico as is held by the Government of the
+United States. Repeated assurances have been given by the Emperor since
+that agreement that he would complete the promised evacuation within
+the period mentioned, or sooner.
+
+It was reasonably expected that the proceedings thus contemplated would
+produce a crisis of great political interest in the Republic of Mexico.
+The newly appointed minister of the United States, Mr. Campbell, was
+therefore sent forward on the 9th day of November last to assume his
+proper functions as minister plenipotentiary of the United States to
+that Republic. It was also thought expedient that he should be attended
+in the vicinity of Mexico by the Lieutenant-General of the Army of the
+United States, with the view of obtaining such information as might be
+important to determine the course to be pursued by the United States in
+reestablishing and maintaining necessary and proper intercourse with the
+Republic of Mexico. Deeply interested in the cause of liberty and
+humanity, it seemed an obvious duty on our part to exercise whatever
+influence we possessed for the restoration and permanent establishment
+in that country of a domestic and republican form of government.
+
+Such was the condition of our affairs in regard to Mexico when, on the
+22d of November last, official information was received from Paris that
+the Emperor of France had some time before decided not to withdraw a
+detachment of his forces in the month of November past, according to
+engagement, but that this decision was made with the purpose of
+withdrawing the whole of those forces in the ensuing spring. Of this
+determination, however, the United States had not received any notice
+or intimation, and so soon as the information was received by the
+Government care was taken to make known its dissent to the Emperor of
+France.
+
+I can not forego the hope that France will reconsider the subject and
+adopt some resolution in regard to the evacuation of Mexico which will
+conform as nearly as practicable with the existing engagement, and thus
+meet the just expectations of the United States. The papers relating
+to the subject will be laid before you. It is believed that with the
+evacuation of Mexico by the expeditionary forces no subject for serious
+differences between France and the United States would remain. The
+expressions of the Emperor and people of France warrant a hope that the
+traditionary friendship between the two countries might in that case be
+renewed and permanently restored.
+
+A claim of a citizen of the United States for indemnity for spoliations
+committed on the high seas by the French authorities in the exercise of
+a belligerent power against Mexico has been met by the Government of
+France with a proposition to defer settlement until a mutual convention
+for the adjustment of all claims of citizens and subjects of both
+countries arising out of the recent wars on this continent shall
+be agreed upon by the two countries. The suggestion is not deemed
+unreasonable, but it belongs to Congress to direct the manner in which
+claims for indemnity by foreigners as well as by citizens of the United
+States arising out of the late civil war shall be adjudicated and
+determined. I have no doubt that the subject of all such claims will
+engage your attention at a convenient and proper time.
+
+It is a matter of regret that no considerable advance has been made
+toward an adjustment of the differences between the United States and
+Great Britain arising out of the depredations upon our national commerce
+and other trespasses committed during our civil war by British subjects,
+in violation of international law and treaty obligations. The delay,
+however, may be believed to have resulted in no small degree from the
+domestic situation of Great Britain. An entire change of ministry
+occurred in that country during the last session of Parliament. The
+attention of the new ministry was called to the subject at an early day,
+and there is some reason to expect that it will now be considered in a
+becoming and friendly spirit. The importance of an early disposition of
+the question can not be exaggerated. Whatever might be the wishes of the
+two Governments, it is manifest that good will and friendship between
+the two countries can not be established until a reciprocity in the
+practice of good faith and neutrality shall be restored between the
+respective nations.
+
+On the 6th of June last, in violation of our neutrality laws, a military
+expedition and enterprise against the British North American colonies
+was projected and attempted to be carried on within the territory and
+jurisdiction of the United States. In obedience to the obligation
+imposed upon the Executive by the Constitution to see that the laws are
+faithfully executed, all citizens were warned by proclamation against
+taking part in or aiding such unlawful proceedings, and the proper
+civil, military, and naval officers were directed to take all necessary
+measures for the enforcement of the laws. The expedition failed, but it
+has not been without its painful consequences. Some of our citizens who,
+it was alleged, were engaged in the expedition were captured, and have
+been brought to trial as for a capital offense in the Province of
+Canada. Judgment and sentence of death have been pronounced against
+some, while others have been acquitted. Fully believing in the maxim of
+government that severity of civil punishment for misguided persons who
+have engaged in revolutionary attempts which have disastrously failed is
+unsound and unwise, such representations have been made to the British
+Government in behalf of the convicted persons as, being sustained by
+an enlightened and humane judgment, will, it is hoped, induce in their
+cases an exercise of clemency and a judicious amnesty to all who were
+engaged in the movement. Counsel has been employed by the Government to
+defend citizens of the United States on trial for capital offenses in
+Canada, and a discontinuance of the prosecutions which were instituted
+in the courts of the United States against those who took part in the
+expedition has been directed.
+
+I have regarded the expedition as not only political in its nature, but
+as also in a great measure foreign from the United States in its causes,
+character, and objects. The attempt was understood to be made in
+sympathy with an insurgent party in Ireland, and by striking at a
+British Province on this continent was designed to aid in obtaining
+redress for political grievances which, it was assumed, the people of
+Ireland had suffered at the hands of the British Government during a
+period of several centuries. The persons engaged in it were chiefly
+natives of that country, some of whom had, while others had not, become
+citizens of the United States under our general laws of naturalization.
+Complaints of misgovernment in Ireland continually engage the attention
+of the British nation, and so great an agitation is now prevailing in
+Ireland that the British Government have deemed it necessary to suspend
+the writ of _habeas corpus_ in that country. These circumstances must
+necessarily modify the opinion which we might otherwise have entertained
+in regard to an expedition expressly prohibited by our neutrality laws.
+So long as those laws remain upon our statute books they should be
+faithfully executed, and if they operate harshly, unjustly, or
+oppressively Congress alone can apply the remedy by their modification
+or repeal.
+
+Political and commercial interests of the United States are not unlikely
+to be affected in some degree by events which are transpiring in the
+eastern regions of Europe, and the time seems to have come when our
+Government ought to have a proper diplomatic representation in Greece.
+
+This Government has claimed for all persons not convicted or accused or
+suspected of crime an absolute political right of self-expatriation and
+a choice of new national allegiance. Most of the European States have
+dissented from this principle, and have claimed a right to hold such of
+their subjects as have emigrated to and been naturalized in the United
+States and afterwards returned on transient visits to their native
+countries to the performance of military service in like manner as
+resident subjects. Complaints arising from the claim in this respect
+made by foreign states have heretofore been matters of controversy
+between the United States and some of the European powers, and the
+irritation consequent upon the failure to settle this question increased
+during the war in which Prussia, Italy, and Austria were recently
+engaged. While Great Britain has never acknowledged the right of
+expatriation, she has not for some years past practically insisted
+upon the opposite doctrine. France has been equally forbearing, and
+Prussia has proposed a compromise, which, although evincing increased
+liberality, has not been accepted by the United States. Peace is now
+prevailing everywhere in Europe, and the present seems to be a favorable
+time for an assertion by Congress of the principle so long maintained by
+the executive department that naturalization by one state fully exempts
+the native-born subject of any other state from the performance of
+military service under any foreign government, so long as he does not
+voluntarily renounce its rights and benefits.
+
+In the performance of a duty imposed upon me by the Constitution
+I have thus submitted to the representatives of the States and of the
+people such information of our domestic and foreign affairs as the
+public interests seem to require. Our Government is now undergoing its
+most trying ordeal, and my earnest prayer is that the peril may be
+successfully and finally passed without impairing its original strength
+and symmetry. The interests of the nation are best to be promoted by the
+revival of fraternal relations, the complete obliteration of our past
+differences, and the reinauguration of all the pursuits of peace.
+Directing our efforts to the early accomplishment of these great
+ends, let us endeavor to preserve harmony between the coordinate
+departments of the Government, that each in its proper sphere may
+cordially cooperate with the other in securing the maintenance of
+the Constitution, the preservation of the Union, and the perpetuity
+of our free institutions.
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 8, 1866_.
+
+_To the House of Representatives_:
+
+In reply to a resolution of the House of Representatives of the 5th
+instant, inquiring if any portion of Mexican territory has been occupied
+by United States troops, I transmit the accompanying report upon the
+subject from the Secretary of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 8, 1866_.
+
+_To the House of Representatives_:
+
+I have the honor to communicate a report of the Secretary of State
+relating to the discovery and arrest of John H. Surratt.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 11, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the Secretary of War and the
+Attorney-General, in compliance with a resolution of the 3d instant,
+requesting the President to communicate to the House, "if not in his
+opinion incompatible with the public interests, the information asked
+for in a resolution of this House dated the 23d June last, and which
+resolution he has up to this time failed to answer, as to whether any
+application has been made to him for the pardon of G.E. Pickett, who
+acted as a major-general of the rebel forces in the late war for the
+suppression of insurrection, and, if so, what has been the action
+thereon; and also to communicate copies of all papers, entries,
+indorsements, and other documentary evidence in relation to any
+proceeding in connection with such application; and that he also inform
+this House whether, since the adjournment at Raleigh, N.C., on the
+30th of March last, of the last board or court of inquiry convened to
+investigate the facts attending the hanging of a number of United States
+soldiers for alleged desertion from the rebel army, any further measures
+have been taken to bring the said Pickett or other perpetrators of that
+crime to punishment."
+
+In transmitting the accompanying papers containing the information
+requested by the House of Representatives it is proper to state that,
+instead of bearing date the 23d of June last, the first resolution was
+dated the 23d of July, and was received by the Executive only four days
+before the termination of the session.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1866_.
+
+_To the Senate and House of Representatives_:
+
+I communicate a translation of a letter of the 17th of August last
+addressed to me by His Majesty Alexander, Emperor of Russia, in reply to
+the joint resolution of Congress approved on the 16th day of May, 1866,
+relating to the attempted assassination of the Emperor, a certified copy
+of which was, in compliance with the request of Congress, forwarded to
+His Majesty by the hands of Gustavus V. Fox, late Assistant Secretary of
+the Navy of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 15, 1866_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, in
+answer to a resolution of the House of Representatives of the 10th
+instant, in relation to the Atchison and Pikes Peak Railroad Company.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 20, 1866_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of
+December 4 last, requesting information "relating to the attempt of
+Santa Anna and Ortega to organize armed expeditions within the United
+States for the purpose of overthrowing the National Government of the
+Republic of Mexico," I transmit a report from the Secretary of State
+and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 21, 1866_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 19th
+instant, calling for a copy of certain correspondence relating to the
+joint occupancy of the island of San Juan, in Washington Territory,
+I transmit a report from the Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 3, 1867_.
+
+_To the House of Representatives_:
+
+I have the honor to communicate an additional report of the Secretary of
+State relating to the discovery and arrest of John H. Surratt.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of War and the
+accompanying papers, in reply to the resolution of the House of
+Representatives of the 13th ultimo, requesting copies of all official
+documents, orders, letters, and papers of every description relative to
+the trial by a military commission and conviction of Crawford Keys and
+others for the murder of Emory Smith and others, and to the respite
+of the sentence in the case of said Crawford Keys or either of his
+associates, their transfer to Fort Delaware, and subsequent release
+upon a writ of _habeas corpus_.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying report from the Attorney-General as a
+partial reply to the resolution of the House of Representatives of the
+10th ultimo, requesting a "list of names of all persons engaged in the
+late rebellion against the United States Government who have been
+pardoned by the President from April 15, 1865, to this date; that said
+list shall also state the rank of each person who has been so pardoned,
+if he has been engaged in the military service of the so-called
+Confederate government, and the position if he shall have held any civil
+office under said so-called Confederate government; and shall also
+further state whether such person has at any time prior to April 14,
+1861, held any office under the United States Government, and, if so,
+what office, together with the reasons for granting such pardons and
+also the names of the person or persons at whose solicitation such
+pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 9, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy, in
+answer to a resolution of the House of the 19th ultimo, requesting a
+statement of the amounts charged to the State Department since May 1,
+1865, for services rendered by naval vessels.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 9, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+with the accompanying documents, in answer to a resolution of the Senate
+of the 5th ultimo, calling for copies of orders, instructions, and
+directions issued from that Department in relation to the employment of
+officers and others in the navy-yards of the United States, and all
+communications received in relation to employment at the Norfolk
+Navy-Yard.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 10, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to a resolution of
+the 17th ultimo, calling for information relative to the revolution in
+Candia, a report of the Secretary of State, with accompanying documents.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, January 14, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of the 19th ultimo,
+requesting information regarding the occupation of Mexican territory by
+the troops of the United States, I transmit a report of the Secretary of
+State and one of the Secretary of War, and the documents by which they
+were accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 18, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the 19th ultimo, requesting certain
+information in regard to the Universal Exposition to be held at Paris
+during the present year, I transmit a report from the Secretary of State
+and the documents to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 19, 1867_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report from the Secretary of the Interior,
+in answer to a resolution of the House of Representatives of the 16th
+instant, in relation to the clerks of the Federal courts and the marshal
+of the United States for the district of North Carolina.
+
+ANDREW JOHNSON.
+
+
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of War and the
+accompanying papers, in compliance with the resolution of the House of
+Representatives of the 19th ultimo, requesting copies of all papers in
+possession of the President touching the case of George St. Leger
+Grenfel.
+
+ANDREW JOHNSON.
+
+JANUARY 21, 1867.
+
+
+
+WASHINGTON, _January 23, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 21st
+instant, a report from the Secretary of State, with accompanying
+papers.[8]
+
+ANDREW JOHNSON.
+
+[Footnote 8: Correspondence with Mr. Motley, envoy extraordinary
+and minister plenipotentiary at Vienna, relative to his reported
+resignation.]
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report[9] from the Secretary of State, with
+accompanying papers, in answer to the Senate's resolution of the
+7th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 9: Relating to an alleged emigration of citizens of the United
+States to the dominions of the Sublime Porte for the purpose of settling
+and acquiring landed property there.]
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution of the House of Representatives of the
+7th instant, in relation to the attempted compromise of certain suits
+instituted in the English courts in behalf of the United States against
+Fraser, Trenholm & Co., alleged agents of the so-called Confederate
+government, I transmit a report from the Secretary of State and the
+documents by which it was accompanied.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report[10] from the Secretary of State, in answer
+to the resolution of the House of Representatives of the 24th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 10: Stating that the Department of State has received no
+information concerning the removal of the Protestant Church or religious
+assembly meeting at the American embassy from the city of Rome by an
+order of that Government.]
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+12th ultimo and its request of the 28th instant for all correspondence,
+reports, and information in my possession in relation to the riot which
+occurred in the city of New Orleans on the 30th day of July last, I
+transmit herewith copies of telegraphic dispatches upon the subject,
+and reports from the Secretary of War, with the papers accompanying
+the same.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+4th of December last, requesting information upon the present condition
+of affairs in the Republic of Mexico, and of one of the 18th of the same
+month, desiring me to communicate to the House of Representatives copies
+of all correspondence on the subject of the evacuation of Mexico by the
+French troops not before officially published, I transmit a report from
+the Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 31, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, containing the information in reference to appointments
+to office requested in the resolution adopted by the House of
+Representatives on the 6th of December last.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 31, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report by the Secretary of War of January 30,
+containing the information asked for in a resolution of the House of
+Representatives of January 25, 1867, hereto annexed, respecting the
+execution of "An act providing for the appointment of a commissioner to
+examine and report upon certain claims of the State of Iowa," approved
+July 25, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 31, 1867_.
+
+_To the Senate of the United States_:
+
+The accompanying reports from the heads of the several Executive
+Departments of the Government are submitted in compliance with a
+resolution of the Senate dated the 12th ultimo, inquiring whether any
+person appointed to an office required by law to be filled by and with
+the advice and consent of the Senate, and who was commissioned during
+the recess of the Senate, previous to the assembling of the present
+Congress, to fill a vacancy, has been continued in such office and
+permitted to discharge its functions, either by the granting of a new
+commission or otherwise, since the end of the session of the Senate on
+the 28th day of July last, without the submission of the name of such
+person to the Senate for its confirmation; and particularly whether a
+surveyor or naval officer of the port of Philadelphia has thus been
+continued in office without the consent of the Senate, and, if any such
+officer has performed the duties of that office, whether he has received
+any salary or compensation therefor.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded the 29th day of August, 1866, between Alexander
+Cummings, governor of Colorado Territory and _ex officio_ superintendent
+of Indian affairs, Hon. A.C. Hunt, and D.C. Oakes, United States Indian
+agent, duly authorized and appointed as commissioners for the purpose,
+and the chiefs and warriors of the Uintah Jampa, or Grand River, bands
+of Utah Indians.
+
+A letter of the Secretary of the Interior of the 31st of January, with
+copy of letter from the Commissioner of Indian Affairs of the 28th of
+January, 1867, together with a map showing the tract of country claimed
+by said Indians, accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 2d instant, requesting
+the Secretary of State to report what steps have been taken him to
+secure to the United States the right to make the necessary surveys for
+an interoceanic ship canal through the territory of Colombia, I transmit
+herewith the report of the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith communicate a report from the Secretary of the Interior of
+this date, in answer to a resolution of the Senate of the 31st ultimo,
+in relation to the deputy marshals, bailiffs, and criers in the District
+of Columbia who have received compensation for the year 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit a report of the Secretary of the Treasury, in answer to a
+resolution of the Senate of the 31st ultimo, on the subject of a treaty
+of reciprocity with the Hawaiian Islands.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 5, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the Senate's resolution of the 2d
+instant, a report from the Secretary of State, with an accompanying
+document.[11]
+
+ANDREW JOHNSON.
+
+[Footnote 11: Copy of the letter on which the Secretary of State founded
+his inquiries addressed to Mr. Motley, United States minister at Vienna,
+with regard to his reported conversation and opinions.]
+
+
+
+WASHINGTON, _February 5, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making inquiry
+as to the States which have ratified the amendment to the Constitution
+proposed by the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the
+4th instant, requesting me to communicate to that body any official
+correspondence which may have taken place with regard to the visit of
+Professor Agassiz to Brazil, I transmit herewith the report of the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 7, 1867_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report of the Secretary of the Interior,
+in answer to a resolution of the House of Representatives of the 22d
+ultimo, requesting information relative to the condition, occupancy,
+and area of the Hot Springs Reservation, in the State of Arkansas.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in answer to the Senate's resolution of the 7th
+instant, a report[12] from the Secretary of State, with an accompanying
+document.
+
+ANDREW JOHNSON.
+
+[Footnote 12: Relating to the reported transfer of the United States
+minister from Stockholm to Bogota.]
+
+
+
+WASHINGTON, _February 11, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 6th of February,
+1867, requesting me to transmit copies of all correspondence not
+heretofore communicated on the subject of grants to American citizens
+for railroad and telegraph lines across the territory of the Republic of
+Mexico, I submit herewith the report of the Secretary of State and the
+papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 16, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making further
+inquiry as to the States which have ratified the amendment to the
+Constitution proposed by the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 16, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th of July last,
+relative to the practicability of establishing equal reciprocal
+relations between the United States and the British North American
+Provinces and to the actual condition of the question of the fisheries,
+I transmit a report on the subject from the Secretary of State, with
+the papers to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1867_.
+
+_To the Senate of the United States_:
+
+I have received a resolution of the Senate dated the 8th day of January
+last, requesting the President to inform the Senate if any violations of
+the act entitled "An act to protect all persons in the United States in
+their civil rights and furnish the means of their vindication" have come
+to his knowledge, and, if so, what steps, if any, have been taken by him
+to enforce the law and punish the offenders.
+
+Not being cognizant of any cases which came within the purview of the
+resolution, in order that the inquiry might have the fullest range I
+referred it to the heads of the several Executive Departments, whose
+reports are herewith communicated for the information of the Senate.
+
+With the exception of the cases mentioned in the reports of the
+Secretary of War and the Attorney-General, no violations, real or
+supposed, of the act to which the resolution refers have at any time
+come to the knowledge of the Executive. The steps taken in these cases
+to enforce the law appear in these reports.
+
+The Secretary of War, under date of the 15th instant, submitted a series
+of reports from the General Commanding the armies of the United States
+and other military officers as to supposed violations of the act alluded
+to in the resolution, with the request that they should be referred to
+the Attorney-General "for his investigation and report, to the end that
+the cases may be designated which are cognizant by the civil authorities
+and such as are cognizant by military tribunals." I have directed the
+reference so to be made.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a letter of the 26th ultimo, addressed to me by W.F.M. Arny,
+secretary and acting governor of the Territory of New Mexico, with the
+memorials to Congress by which it was accompanied, requesting certain
+appropriations for that Territory. The attention of the House of
+Representatives is invited to the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 19, 1867_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying reports from the Secretary of the Treasury
+and the Secretary of War, in answer to the resolution of the House of
+Representatives of the 28th May last, requesting certain information in
+regard to captured and forfeited cotton.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, giving information of
+States which have ratified the amendment to the Constitution proposed by
+the Thirty-ninth Congress in addition to those named in his report which
+was communicated in my message of the 16th instant, in answer to a
+resolution of the House of Representatives of the 15th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 11th
+instant, a report from the Secretary of State, with accompanying
+documents.[13]
+
+ANDREW JOHNSON.
+
+[Footnote 13: Correspondence relative to the refusal of the United
+States consul at Cadiz, Spain, to certify invoices of wines shipped
+from that port, etc.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 31st ultimo,
+a report from the Secretary of State, with accompanying documents.[14]
+
+ANDREW JOHNSON.
+
+[Footnote 14: Correspondence with foreign ministers of the United States
+relative to the policy of the President toward the States lately in
+rebellion.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 19th
+instant, a report from the Secretary of State, with accompanying
+documents.[15]
+
+ANDREW JOHNSON.
+
+[Footnote 15: Correspondence relative to the salary of the United States
+minister to Portugal.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 14th instant, a report[16] from the Secretary of
+State of this date.
+
+ANDREW JOHNSON.
+
+[Footnote 16: Stating that the correspondence relative to the refusal of
+the United States consul at Cadiz, Spain, to certify invoices of wines
+shipped from that port had been sent to the Senate.]
+
+
+
+WASHINGTON, _February 21, 1867_.
+
+_To the Senate of the United States_:
+
+For the reasons stated[16] in the accompanying communication from the
+Secretary of the Interior, I withdraw the treaty concluded with the
+New York Indians in Kansas and submitted to the Senate in the month of
+December, 1863, but upon which I am informed no action has yet been
+taken.
+
+ANDREW JOHNSON.
+
+[Footnote 16: For the purpose of concluding a new treaty.]
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in the city of Washington on the 19th of February,
+1867, between the United States and the Sac and Fox tribes of Indians
+of Missouri.
+
+A letter of the Secretary of the Interior of the 23d and copy of a
+letter of the Commissioner of Indian Affairs of the 19th of February,
+1867, accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in the city of Washington on the 18th February, 1867,
+between the United States and the Sac and Fox tribes of Indians of the
+Mississippi.
+
+A letter of the Secretary of the Interior of the 23d and a copy of a
+letter of the Commissioner of Indian Affairs of the 19th February, 1867,
+accompany the treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _February 23, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 19th February, 1867, between the United States
+and the Sisseton and Wahpeton bands of Indians.
+
+A letter of the Secretary of the Interior of the 23d instant and
+accompanying copies of letters of the Commissioner of Indian Affairs
+and Major T.R. Brown, in relation to said treaty, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 23, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a letter of the 12th instant addressed to me by His
+Excellency Lucius Fairchild, governor of the State of Wisconsin, and of
+the memorial to Congress concerning the Paris Exposition adopted by the
+legislature of that State during its present session.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 25, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, in
+reply to the resolution of the House of Representatives of the 11th
+instant, calling for certain information relative to removals and
+appointments in his Department since the adjournment of the first
+session of the Thirty-ninth Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 26, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence between the Secretary
+of State and G.V. Fox, esq., relative to the presentation by the latter
+to the Emperor of Russia of the resolution of Congress expressive of
+the feelings of the people of the United States in reference to the
+providential escape of that sovereign from an attempted assassination.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 26, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, with a view to ratification, a general
+convention of amity, commerce, and navigation and for the surrender of
+fugitive criminals between the United States and the Dominican Republic,
+signed by the plenipotentiaries of the parties at the city of St.
+Domingo on the 8th of this month.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 27, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+in answer to a resolution of the House of Representatives of the 21st
+instant, calling for a copy of a letter addressed by Richard M. Boynton
+and Harriet M. Fisher to the Secretary of the Navy in the month of
+February, 1863, together with the indorsement made thereon by the Chief
+of the Bureau of Ordnance.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report of the Attorney-General, additional to the
+one submitted by him December 13, 1866, in reply to the resolution of
+the House of Representatives of December 10, 1866, requesting "a list of
+names of all persons who have been engaged in the late rebellion against
+the United States Government who have been pardoned by the President
+from April 15, 1865, to this date; that said list shall also state the
+rank of each person who has been so pardoned, if he has been engaged
+in the military service of the so-called Confederate States, and the
+position if he shall have held any civil office under said so-called
+Confederate government; and shall also further state whether such person
+has at any time prior to April 14, 1861, held any office under the
+United States Government, and, if so, what office, together with the
+reasons for granting such pardons, and also the names of the person or
+persons at whose solicitation such pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+MARCH 2, 1867.
+
+_To the House of Representatives_:
+
+The act entitled "An act making appropriations for the support of the
+Army for the year ending June 30, 1868, and for other purposes" contains
+provisions to which I must call attention. Those provisions are
+contained in the second section, which in certain cases virtually
+deprives the President of his constitutional functions as Commander in
+Chief of the Army, and in the sixth section, which denies to ten States
+of this Union their constitutional right to protect themselves in any
+emergency by means of their own militia. Those provisions are out of
+place in an appropriation act. I am compelled to defeat these necessary
+appropriations if I withhold my signature to the act. Pressed by these
+considerations, I feel constrained to return the bill with my signature,
+but to accompany it with my protest against the sections which I have
+indicated.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _January 5, 1867_.
+
+_To the Senate of the United States_:
+
+I have received and considered a bill entitled "An act to regulate the
+elective franchise in the District of Columbia," passed by the Senate
+on the 13th of December and by the House of Representatives on the
+succeeding day. It was presented for my approval on the 26th ultimo--six
+days after the adjournment of Congress--and is now returned with my
+objections to the Senate, in which House it originated.
+
+Measures having been introduced at the commencement of the first session
+of the present Congress for the extension of the elective franchise to
+persons of color in the District of Columbia, steps were taken by the
+corporate authorities of Washington and Georgetown to ascertain and make
+known the opinion of the people of the two cities upon a subject so
+immediately affecting their welfare as a community. The question was
+submitted to the people at special elections held in the month of
+December, 1865, when the qualified voters of Washington and Georgetown,
+with great unanimity of sentiment, expressed themselves opposed to
+the contemplated legislation. In Washington, in a vote of 6,556--the
+largest, with but two exceptions, ever polled in that city--only
+thirty-five ballots were cast for negro suffrage, while in Georgetown,
+in an aggregate of 813 votes--a number considerably in excess of the
+average vote at the four preceding annual elections--but one was given
+in favor of the proposed extension of the elective franchise. As these
+elections seem to have been conducted with entire fairness, the result
+must be accepted as a truthful expression of the opinion of the people
+of the District upon the question which evoked it. Possessing, as an
+organized community, the same popular right as the inhabitants of a
+State or Territory to make known their will upon matters which affect
+their social and political condition, they could have selected no more
+appropriate mode of memorializing Congress upon the subject of this
+bill than through the suffrages of their qualified voters.
+
+Entirely disregarding the wishes of the people of the District of
+Columbia, Congress has deemed it right and expedient to pass the measure
+now submitted for my signature. It therefore becomes the duty of the
+Executive, standing between the legislation of the one and the will of
+the other, fairly expressed, to determine whether he should approve the
+bill, and thus aid in placing upon the statute books of the nation a law
+against which the people to whom it is to apply have solemnly and with
+such unanimity protested, or whether he should return it with his
+objections in the hope that upon reconsideration Congress, acting as
+the representatives of the inhabitants of the seat of Government, will
+permit them to regulate a purely local question as to them may seem best
+suited to their interests and condition.
+
+The District of Columbia was ceded to the United States by Maryland and
+Virginia in order that it might become the permanent seat of Government
+of the United States. Accepted by Congress, it at once became subject to
+the "exclusive legislation" for which provision is made in the Federal
+Constitution. It should be borne in mind, however, that in exercising
+its functions as the lawmaking power of the District of Columbia the
+authority of the National Legislature is not without limit, but that
+Congress is bound to observe the letter and spirit of the Constitution
+as well in the enactment of local laws for the seat of Government as
+in legislation common to the entire Union. Were it to be admitted that
+the right "to exercise exclusive legislation in all cases whatsoever"
+conferred upon Congress unlimited power within the District of Columbia,
+titles of nobility might be granted within its boundaries; laws might be
+made "respecting an establishment of religion or prohibiting the free
+exercise thereof, or abridging the freedom of speech or of the press,
+or the right of the people peaceably to assemble and to petition the
+Government for a redress of grievances." Despotism would thus reign at
+the seat of government of a free republic, and as a place of permanent
+residence it would be avoided by all who prefer the blessings of liberty
+to the mere emoluments of official position.
+
+It should also be remembered that in legislating for the District of
+Columbia under the Federal Constitution the relation of Congress to
+its inhabitants is analogous to that of a legislature to the people
+of a State under their own local constitution. It does not, therefore,
+seem to be asking too much that in matters pertaining to the District
+Congress should have a like respect for the will and interest of its
+inhabitants as is entertained by a State legislature for the wishes
+and prosperity of those for whom they legislate. The spirit of our
+Constitution and the genius of our Government require that in regard to
+any law which is to affect and have a permanent bearing upon a people
+their will should exert at least a reasonable influence upon those who
+are acting in the capacity of their legislators. Would, for instance,
+the legislature of the State of New York, or of Pennsylvania, or of
+Indiana, or of any State in the Union, in opposition to the expressed
+will of a large majority of the people whom they were chosen to
+represent, arbitrarily force upon them as voters all persons of the
+African or negro race and make them eligible for office without any
+other qualification than a certain term of residence within the State?
+In neither of the States named would the colored population, when acting
+together, be able to produce any great social or political result.
+Yet in New York, before he can vote, the man of color must fulfill
+conditions that are not required of the white citizen; in Pennsylvania
+the elective franchise is restricted to white freemen, while in Indiana
+negroes and mulattoes are expressly excluded from the right of suffrage.
+It hardly seems consistent with the principles of right and justice that
+representatives of States where suffrage is either denied the colored
+man or granted to him on qualifications requiring intelligence or
+property should compel the people of the District of Columbia to
+try an experiment which their own constituents have thus far shown
+an unwillingness to test for themselves. Nor does it accord with our
+republican ideas that the principle of self-government should lose its
+force when applied to the residents of the District merely because their
+legislators are not, like those of the States, responsible through the
+ballot to the people for whom they are the lawmaking power.
+
+The great object of placing the seat of Government under the exclusive
+legislation of Congress was to secure the entire independence of the
+General Government from undue State influence and to enable it to
+discharge without danger of interruption or infringement of its
+authority the high functions for which it was created by the people.
+For this important purpose it was ceded to the United States by Maryland
+and Virginia, and it certainly never could have been contemplated
+as one of the objects to be attained by placing it under the exclusive
+jurisdiction of Congress that it would afford to propagandists or
+political parties a place for an experimental test of their principles
+and theories. While, indeed, the residents of the seat of Government are
+not citizens of any State and are not, therefore, allowed a voice in the
+electoral college or representation in the councils of the nation, they
+are, nevertheless, American citizens, entitled as such to every guaranty
+of the Constitution, to every benefit of the laws, and to every right
+which pertains to citizens of our common country. In all matters, then,
+affecting their domestic affairs, the spirit of our democratic form of
+government demands that their wishes should be consulted and respected
+and they taught to feel that although not permitted practically to
+participate in national concerns, they are, nevertheless, under a
+paternal government regardful of their rights, mindful of their wants,
+and solicitous for their prosperity. It was evidently contemplated that
+all local questions would be left to their decision, at least to an
+extent that would not be incompatible with the object for which Congress
+was granted exclusive legislation over the seat of Government. When the
+Constitution was yet under consideration, it was assumed by Mr. Madison
+that its inhabitants would be allowed "a municipal legislature for local
+purposes, derived from their own suffrages." When for the first time
+Congress, in the year 1800, assembled at Washington, President Adams, in
+his speech at its opening, reminded the two Houses that it was for them
+to consider whether the local powers over the District of Columbia,
+vested by the Constitution in the Congress of the United States, should
+be immediately exercised, and he asked them to "consider it as the
+capital of a great nation, advancing with unexampled rapidity in arts,
+in commerce, in wealth, and in population, and possessing within itself
+those resources which, if not thrown away or lamentably misdirected,
+would secure to it a long course of prosperity and self-government."
+Three years had not elapsed when Congress was called upon to determine
+the propriety of retroceding to Maryland and Virginia the jurisdiction
+of the territory which they had respectively relinquished to the
+Government of the United States. It was urged on the one hand that
+exclusive jurisdiction was not necessary or useful to the Government;
+that it deprived the inhabitants of the District of their political
+rights; that much of the time of Congress was consumed in legislation
+pertaining to it; that its government was expensive; that Congress was
+not competent to legislate for the District, because the members were
+strangers to its local concerns; and that it was an example of a
+government without representation--an experiment dangerous to the
+liberties of the States. On the other hand it was held, among other
+reasons, and successfully, that the Constitution, the acts of cession
+of Virginia and Maryland, and the act of Congress accepting the grant
+all contemplated the exercise of exclusive legislation by Congress,
+and that its usefulness, if not its necessity, was inferred from the
+inconvenience which was felt for want of it by the Congress of the
+Confederation; that the people themselves, who, it was said, had been
+deprived of their political rights, had not complained and did not
+desire a retrocession; that the evil might be remedied by giving them a
+representation in Congress when the District should become sufficiently
+populous, and in the meantime a local legislature; that if the
+inhabitants had not political rights they had great political influence;
+that the trouble and expense of legislating for the District would not
+be great, but would diminish, and might in a great measure be avoided
+by a local legislature; and that Congress could not retrocede the
+inhabitants without their consent. Continuing to live substantially
+under the laws that existed at the time of the cession, and such changes
+only having been made as were suggested by themselves, the people of the
+District have not sought by a local legislature that which has generally
+been willingly conceded by the Congress of the nation.
+
+As a general rule sound policy requires that the legislature should
+yield to the wishes of a people, when not inconsistent with the
+constitution and the laws. The measures suited to one community might
+not be well adapted to the condition of another; and the persons best
+qualified to determine such questions are those whose interests are
+to be directly affected by any proposed law. In Massachusetts, for
+instance, male persons are allowed to vote without regard to color,
+provided they possess a certain degree of intelligence. In a population
+in that State of 1,231,066 there were, by the census of 1860, only 9,602
+persons of color, and of the males over 20 years of age there were
+339,086 white to 2,602 colored. By the same official enumeration there
+were in the District of Columbia 60,764 whites to 14,316 persons of the
+colored race. Since then, however, the population of the District has
+largely increased, and it is estimated that at the present time there
+are nearly 100,000 whites to 30,000 negroes. The cause of the augmented
+numbers of the latter class needs no explanation. Contiguous to Maryland
+and Virginia, the District during the war became a place of refuge for
+those who escaped from servitude, and it is yet the abiding place of a
+considerable proportion of those who sought within its limits a shelter
+from bondage. Until then held in slavery and denied all opportunities
+for mental culture, their first knowledge of the Government was acquired
+when, by conferring upon them freedom, it became the benefactor of their
+race. The test of their capability for improvement began when for the
+first time the career of free industry and the avenues to intelligence
+were opened to them. Possessing these advantages but a limited time--the
+greater number perhaps having entered the District of Columbia during
+the later years of the war, or since its termination--we may well
+pause to inquire whether, after so brief a probation, they are as a
+class capable of an intelligent exercise of the right of suffrage and
+qualified to discharge the duties of official position. The people
+who are daily witnesses of their mode of living, and who have become
+familiar with their habits of thought, have expressed the conviction
+that they are not yet competent to serve as electors, and thus become
+eligible for office in the local governments under which they live.
+Clothed with the elective franchise, their numbers, already largely in
+excess of the demand for labor, would be soon increased by an influx
+from the adjoining States. Drawn from fields where employment is
+abundant, they would in vain seek it here, and so add to the
+embarrassments already experienced from the large class of idle persons
+congregated in the District. Hardly yet capable of forming correct
+judgments upon the important questions that often make the issues
+of a political contest, they could readily be made subservient to the
+purposes of designing persons. While in Massachusetts, under the census
+of 1860, the proportion of white to colored males over 20 years of age
+was 130 to 1, here the black race constitutes nearly one-third of the
+entire population, whilst the same class surrounds the District on all
+sides, ready to change their residence at a moment's notice, and with
+all the facility of a nomadic people, in order to enjoy here, after a
+short residence, a privilege they find nowhere else. It is within their
+power in one year to come into the District in such numbers as to have
+the supreme control of the white race, and to govern them by their own
+officers and by the exercise of all the municipal authority--among
+the rest, of the power of taxation over property in which they have
+no interest. In Massachusetts, where they have enjoyed the benefits
+of a thorough educational system, a qualification of intelligence
+is required, while here suffrage is extended to all without
+discrimination--as well to the most incapable who can prove a
+residence in the District of one year as to those persons of color who,
+comparatively few in number, are permanent inhabitants, and, having
+given evidence of merit and qualification, are recognized as useful and
+responsible members of the community. Imposed upon an unwilling people
+placed by the Constitution under the exclusive legislation of Congress,
+it would be viewed as an arbitrary exercise of power and as an
+indication by the country of the purpose of Congress to compel the
+acceptance of negro suffrage by the States. It would engender a feeling
+of opposition and hatred between the two races, which, becoming deep
+rooted and ineradicable, would prevent them from living together in
+a state of mutual friendliness. Carefully avoiding every measure that
+might tend to produce such a result, and following the clear and
+well-ascertained popular will, we should assiduously endeavor to promote
+kindly relations between them, and thus, when that popular will leads
+the way, prepare for the gradual and harmonious introduction of this
+new element into the political power of the country.
+
+It can not be urged that the proposed extension of suffrage in the
+District of Columbia is necessary to enable persons of color to protect
+either their interests or their rights. They stand here precisely as
+they stand in Pennsylvania, Ohio, and Indiana. Here as elsewhere, in all
+that pertains to civil rights, there is nothing to distinguish this
+class of persons from citizens of the United States, for they possess
+the "full and equal benefit of all laws and proceedings for the security
+of person and property as is enjoyed by white citizens," and are made
+"subject to like punishment, pains, and penalties, and to none other,
+any law, statute, ordinance, regulation, or custom to the contrary
+notwithstanding." Nor, as has been assumed, are their suffrages
+necessary to aid a loyal sentiment here, for local governments already
+exist of undoubted fealty to the Government, and are sustained by
+communities which were among the first to testify their devotion to the
+Union, and which during the struggle furnished their full quotas of men
+to the military service of the country.
+
+The exercise of the elective franchise is the highest attribute of an
+American citizen, and when guided by virtue, intelligence, patriotism,
+and a proper appreciation of our institutions constitutes the true basis
+of a democratic form of government, in which the sovereign power is
+lodged in the body of the people. Its influence for good necessarily
+depends upon the elevated character and patriotism of the elector, for
+if exercised by persons who do not justly estimate its value and who are
+indifferent as to its results it will only serve as a means of placing
+power in the hands of the unprincipled and ambitious, and must eventuate
+in the complete destruction of that liberty of which it should be the
+most powerful conservator. Great danger is therefore to be apprehended
+from an untimely extension of the elective franchise to any new class
+in our country, especially when the large majority of that class, in
+wielding the power thus placed in their hands, can not be expected
+correctly to comprehend the duties and responsibilities which pertain
+to suffrage. Yesterday, as it were, 4,000,000 persons were held in a
+condition of slavery that had existed for generations; to-day they are
+freemen and are assumed by law to be citizens. It can not be presumed,
+from their previous condition of servitude, that as a class they are as
+well informed as to the nature of our Government as the intelligent
+foreigner who makes our land the home of his choice. In the case of
+the latter neither a residence of five years and the knowledge of our
+institutions which it gives nor attachment to the principles of the
+Constitution are the only conditions upon which he can be admitted to
+citizenship; he must prove in addition a good moral character, and thus
+give reasonable ground for the belief that he will be faithful to the
+obligations which he assumes as a citizen of the Republic. Where a
+people--the source of all political power--speak by their suffrages
+through the instrumentality of the ballot box, it must be carefully
+guarded against the control of those who are corrupt in principle and
+enemies of free institutions, for it can only become to our political
+and social system a safe conductor of healthy popular sentiment when
+kept free from demoralizing influences. Controlled through fraud and
+usurpation by the designing, anarchy and despotism must inevitably
+follow.
+
+In the hands of the patriotic and worthy our Government will be
+preserved upon the principles of the Constitution inherited from our
+fathers. It follows, therefore, that in admitting to the ballot box
+a new class of voters not qualified for the exercise of the elective
+franchise we weaken our system of government instead of adding to its
+strength and durability.
+
+In returning this bill to the Senate I deeply regret that there should
+be any conflict of opinion between the legislative and executive
+departments of the Government in regard to measures that vitally affect
+the prosperity and peace of the country. Sincerely desiring to reconcile
+the States with one another and the whole people to the Government of
+the United States, it has been my earnest wish to cooperate with
+Congress in all measures having for their object a proper and complete
+adjustment of the questions resulting from our late civil war. Harmony
+between the coordinate branches of the Government, always necessary for
+the public welfare, was never more demanded than at the present time,
+and it will therefore be my constant aim to promote as far as possible
+concert of action between them. The differences of opinion that have
+already occurred have rendered me only the more cautious, lest the
+Executive should encroach upon any of the prerogatives of Congress,
+or by exceeding in any manner the constitutional limit of his duties
+destroy the equilibrium which should exist between the several
+coordinate departments, and which is so essential to the harmonious
+working of the Government. I know it has been urged that the executive
+department is more likely to enlarge the sphere of its action than
+either of the other two branches of the Government, and especially in
+the exercise of the veto power conferred upon it by the Constitution. It
+should be remembered, however, that this power is wholly negative and
+conservative in its character, and was intended to operate as a check
+upon unconstitutional, hasty, and improvident legislation and as a means
+of protection against invasions of the just powers of the executive and
+judicial departments. It is remarked by Chancellor Kent that--
+
+ To enact laws is a transcendent power, and if the body that possesses
+ it be a full and equal representation of the people there is danger of
+ its pressing with destructive weight upon all the other parts of the
+ machinery of Government. It has therefore been thought necessary by the
+ most skillful and most experienced artists in the science of civil
+ polity that strong barriers should be erected for the protection and
+ security of the other necessary powers of the Government. Nothing has
+ been deemed more fit and expedient for the purpose than the provision
+ that the head of the executive department should be so constituted as
+ to secure a requisite share of independence and that he should have a
+ negative upon the passing of laws; and that the judiciary power, resting
+ on a still more permanent basis, should have the right of determining
+ upon the validity of laws by the standard of the Constitution.
+
+
+The necessity of some such check in the hands of the Executive is shown
+by reference to the most eminent writers upon our system of government,
+who seem to concur in the opinion that encroachments are most to be
+apprehended from the department in which all legislative powers are
+vested by the Constitution. Mr. Madison, in referring to the difficulty
+of providing some practical security for each against the invasion of
+the others, remarks that "the legislative department is everywhere
+extending the sphere of its activity and drawing all power into its
+impetuous vortex." "The founders of our Republic * * * seem never to
+have recollected the danger from legislative usurpations, which by
+assembling all power in the same hands must lead to the same tyranny as
+is threatened by Executive usurpations." "In a representative republic,
+where the executive magistracy is carefully limited both in the extent
+and the duration of its power, and where the legislative power is
+exercised by an assembly which is inspired, by a supposed influence over
+the people, with an intrepid confidence in its own strength, which
+is sufficiently numerous to feel all the passions which actuate a
+multitude, yet not so numerous as to be incapable of pursuing the
+objects of its passions by means which reason prescribes, it is against
+the enterprising ambition of this department that the people ought to
+indulge all their jealousy and exhaust all their precautions." "The
+legislative department derives a superiority in our governments from
+other circumstances. Its constitutional powers being at once more
+extensive and less susceptible of precise limits, it can with the
+greater facility mask, under complicated and indirect measures, the
+encroachments which it makes on the coordinate departments." "On the
+other side, the Executive power being restrained within a narrower
+compass and being more simple in its nature, and the judiciary being
+described by landmarks still less uncertain, projects of usurpation
+by either of these departments would immediately betray and defeat
+themselves. Nor is this all. As the legislative department alone has
+access to the pockets of the people and has in some constitutions full
+discretion and in all a prevailing influence over the pecuniary rewards
+of those who fill the other departments, a dependence is thus created in
+the latter which gives still greater facility to encroachments of the
+former." "We have seen that the tendency of republican governments is
+to an aggrandizement of the legislative at the expense of the other
+departments."
+
+Mr. Jefferson, in referring to the early constitution of
+Virginia, objected that by its provisions all the powers of
+government--legislative, executive, and judicial--resulted to the
+legislative body, holding that "the concentrating these in the same
+hands is precisely the definition of despotic government. It will be no
+alleviation that these powers will be exercised by a plurality of hands,
+and not by a single one. One hundred and seventy-three despots would
+surely be as oppressive as one." "As little will it avail us that they
+are chosen by ourselves. An elective despotism was not the government we
+fought for, but one which should not only be founded on free principles,
+but in which the powers of government should be so divided and balanced
+among several bodies of magistracy as that no one could transcend their
+legal limits without being effectually checked and restrained by the
+others. For this reason that convention which passed the ordinance of
+government laid its foundation on this basis, that the legislative,
+executive, and judicial departments should be separate and distinct,
+so that no person should exercise the powers of more than one of them
+at the same time. But no barrier was provided between these several
+powers. The judiciary and executive members were left dependent on the
+legislative for their subsistence in office, and some of them for their
+continuance in it. If, therefore, the legislature assumes executive and
+judiciary powers, no opposition is likely to be made, nor, if made, can
+be effectual, because in that case they may put their proceedings into
+the form of an act of assembly, which will render them obligatory on the
+other branches. They have accordingly in many instances decided rights
+which should have been left to judiciary controversy; and the direction
+of the executive, during the whole time of their session, is becoming
+habitual and familiar."
+
+Mr. Justice Story, in his Commentaries on the Constitution, reviews the
+same subject, and says:
+
+ The truth is that the legislative power is the great and overruling
+ power in every free government. * * * The representatives of the people
+ will watch with jealousy every encroachment of the executive magistrate,
+ for it trenches upon their own authority. But who shall watch the
+ encroachment of these representatives themselves? Will they be as
+ jealous of the exercise of power by themselves as by others? * * *
+
+ There are many reasons which may be assigned for the engrossing
+ influence of the legislative department. In the first place, its
+ constitutional powers are more extensive, and less capable of being
+ brought within precise limits than those of either the other
+ departments. The bounds of the executive authority are easily marked
+ out and defined. It reaches few objects, and those are known. It can
+ not transcend them without being brought in contact with the other
+ departments. Laws may check and restrain and bound its exercise. The
+ same remarks apply with still greater force to the judiciary. The
+ jurisdiction is, or may be, bounded to a few objects or persons; or,
+ however general and unlimited, its operations are necessarily confined
+ to the mere administration of private and public justice. It can not
+ punish without law. It can not create controversies to act upon. It can
+ decide only upon rights and cases as they are brought by others before
+ it. It can do nothing for itself. It must do everything for others. It
+ must obey the laws, and if it corruptly administers them it is subjected
+ to the power of impeachment. On the other hand, the legislative power
+ except in the few cases of constitutional prohibition, is unlimited. It
+ is forever varying its means and its ends. It governs the institutions
+ and laws and public policy of the country. It regulates all its vast
+ interests. It disposes of all its property. Look but at the exercise
+ of two or three branches of its ordinary powers. It levies all taxes;
+ it directs and appropriates all supplies; it gives the rules for the
+ descent, distribution, and devises of all property held by individuals;
+ it controls the sources and the resources of wealth; it changes at its
+ will the whole fabric of the laws; it molds at its pleasure almost all
+ the institutions which give strength and comfort and dignity to society.
+
+ In the next place, it is the direct visible representative of the will
+ of the people in all the changes of times and circumstances. It has the
+ pride as well as the power of numbers. It is easily moved and steadily
+ moved by the strong impulses of popular feeling and popular odium. It
+ obeys without reluctance the wishes and the will of the majority for the
+ time being. The path to public favor lies open by such obedience, and it
+ finds not only support but impunity in whatever measures the majority
+ advises, even though they transcend the constitutional limits. It has no
+ motive, therefore, to be jealous or scrupulous in its own use of power;
+ and it finds its ambition stimulated and its arm strengthened by the
+ countenance and the courage of numbers. These views are not alone those
+ of men who look with apprehension upon the fate of republics, but they
+ are also freely admitted by some of the strongest advocates for popular
+ rights and the permanency of republican institutions. * * *
+
+ * * * * *
+
+ * * * Each department should have a will of its own. * * * Each should
+ have its own independence secured beyond the power of being taken away
+ by either or both of the others. But at the same time the relations of
+ each to the other should be so strong that there should be a mutual
+ interest to sustain and protect each other. There should not only be
+ constitutional means, but personal motives to resist encroachments of
+ one or either of the others. Thus ambition would be made to counteract
+ ambition, the desire of power to check power, and the pressure of
+ interest to balance an opposing interest.
+
+ * * * * *
+
+ * * * The judiciary is naturally and almost necessarily, as has been
+ already said, the weakest department. It can have no means of influence
+ by patronage. Its powers can never be wielded for itself. It has no
+ command over the purse or the sword of the nation. It can neither lay
+ taxes, nor appropriate money, nor command armies, nor appoint to office.
+ It is never brought into contact with the people by constant appeals and
+ solicitations and private intercourse, which belong to all the other
+ departments of Government. It is seen only in controversies or in trials
+ and punishments. Its rigid justice and impartiality give it no claims to
+ favor, however they may to respect. It stands solitary and unsupported,
+ except by that portion of public opinion which is interested only in the
+ strict administration of justice. It can rarely secure the sympathy or
+ zealous support either of the Executive or the Legislature. If they
+ are not, as is not unfrequently the case, jealous of its prerogatives,
+ the constant necessity of scrutinizing the acts of each, upon the
+ application of any private person, and the painful duty of pronouncing
+ judgment that these acts are a departure from the law or Constitution
+ can have no tendency to conciliate kindness or nourish influence. It
+ would seem, therefore, that some additional guards would, under the
+ circumstances, be necessary to protect this department from the absolute
+ dominion of the others. Yet rarely have any such guards been applied,
+ and every attempt to introduce them has been resisted with a pertinacity
+ which demonstrates how slow popular leaders are to introduce checks upon
+ their own power and how slow the people are to believe that the
+ judiciary is the real bulwark of their liberties. * * *
+
+ * * * * *
+
+ * * * If any department of the Government has undue influence or
+ absorbing power, it certainly has not been the executive or judiciary.
+
+
+In addition to what has been said by these distinguished writers,
+it may also be urged that the dominant party in each House may, by the
+expulsion of a sufficient number of members or by the exclusion from
+representation of a requisite number of States, reduce the minority to
+less than one-third. Congress by these means might be enabled to pass a
+law, the objections of the President to the contrary notwithstanding,
+which would render impotent the other two departments of the Government
+and make inoperative the wholesome and restraining power which it was
+intended by the framers of the Constitution should be exerted by them.
+This would be a practical concentration of all power in the Congress
+of the United States; this, in the language of the author of the
+Declaration of Independence, would be "precisely the definition of
+despotic government."
+
+I have preferred to reproduce these teachings of the great statesmen
+and constitutional lawyers of the early and later days of the Republic
+rather than to rely simply upon an expression of my own opinions.
+We can not too often recur to them, especially at a conjuncture like
+the present. Their application to our actual condition is so apparent
+that they now come to us a living voice, to be listened to with more
+attention than at any previous period of our history. We have been and
+are yet in the midst of popular commotion. The passions aroused by a
+great civil war are still dominant. It is not a time favorable to that
+calm and deliberate judgment which is the only safe guide when radical
+changes in our institutions are to be made. The measure now before me is
+one of those changes. It initiates an untried experiment for a people
+who have said, with one voice, that it is not for their good. This alone
+should make us pause, but it is not all. The experiment has not been
+tried, or so much as demanded, by the people of the several States for
+themselves. In but few of the States has such an innovation been allowed
+as giving the ballot to the colored population without any other
+qualification than a residence of one year, and in most of them the
+denial of the ballot to this race is absolute and by fundamental law
+placed beyond the domain of ordinary legislation. In most of those
+States the evil of such suffrage would be partial, but, small as it
+would be, it is guarded by constitutional barriers. Here the innovation
+assumes formidable proportions, which may easily grow to such an extent
+as to make the white population a subordinate element in the body
+politic.
+
+After full deliberation upon this measure, I can not bring myself to
+approve it, even upon local considerations, nor yet as the beginning of
+an experiment on a larger scale. I yield to no one in attachment to that
+rule of general suffrage which distinguishes our policy as a nation.
+But there is a limit, wisely observed hitherto, which makes the ballot
+a privilege and a trust, and which requires of some classes a time
+suitable for probation and preparation. To give it indiscriminately to
+a new class, wholly unprepared by previous habits and opportunities to
+perform the trust which it demands, is to degrade it, and finally to
+destroy its power, for it may be safely assumed that no political truth
+is better established than that such indiscriminate and all-embracing
+extension of popular suffrage must end at last in its destruction.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 28, 1867_.
+
+_To the Senate of the United States_:
+
+I return to the Senate, in which House it originated, a bill entitled
+"An act to admit the State of Colorado into the Union," to which I can
+not, consistently with my sense of duty, give my approval. With the
+exception of an additional section, containing new provisions, it is
+substantially the same as the bill of a similar title passed by Congress
+during the last session, submitted to the President for his approval,
+returned with the objections contained in a message bearing date the
+15th of May last, and yet awaiting the reconsideration of the Senate.
+
+A second bill, having in view the same purpose, has now passed both
+Houses of Congress and been presented for my signature. Having again
+carefully considered the subject, I have been unable to perceive any
+reason for changing the opinions which have already been communicated to
+Congress. I find, on the contrary, that there are many objections to the
+proposed legislation of which I was not at that time aware, and that
+while several of those which I then assigned have in the interval gained
+in strength, yet others have been created by the altered character of
+the measures now submitted.
+
+The constitution under which the State government is proposed to be
+formed very properly contains a provision that all laws in force at the
+time of its adoption and the admission of the State into the Union shall
+continue as if the constitution had not been adopted. Among those laws
+is one absolutely prohibiting negroes and mulattoes from voting. At the
+recent session of the Territorial legislature a bill for the repeal of
+this law, introduced into the council, was almost unanimously rejected;
+and at the very time when Congress was engaged in enacting the bill now
+under consideration the legislature passed an act excluding negroes and
+mulattoes from the right to sit as jurors. This bill was vetoed by the
+governor of the Territory, who held that by the laws of the United
+States negroes and mulattoes are citizens, and subject to the duties, as
+well as entitled to the rights, of citizenship. The bill, however, was
+passed, the objections of the governor to the contrary notwithstanding,
+and is now a law of the Territory. Yet in the bill now before me, by
+which it is proposed to admit the Territory as a State, it is provided
+that "there shall be no denial of the elective franchise or any other
+rights to any person by reason of race or color, excepting Indians not
+taxed."
+
+The incongruity thus exhibited between the legislation of Congress and
+that of the Territory, taken in connection with the protest against the
+admission of the State hereinafter referred to, would seem clearly to
+indicate the impolicy and injustice of the proposed enactment.
+
+It might, indeed, be a subject of grave inquiry, and doubtless will
+result in such inquiry if this bill becomes a law, whether it does not
+attempt to exercise a power not conferred upon Congress by the Federal
+Constitution. That instrument simply declares that Congress may admit
+new States into the Union. It nowhere says that Congress may make new
+States for the purpose of admitting them into the Union or for any other
+purpose; and yet this bill is as clear an attempt to make the
+institutions as any in which the people themselves could engage.
+
+In view of this action of Congress, the house of representatives of the
+Territory have earnestly protested against being forced into the Union
+without first having the question submitted to the people. Nothing could
+be more reasonable than the position which they thus assume; and it
+certainly can not be the purpose of Congress to force upon a community
+against their will a government which they do not believe themselves
+capable of sustaining.
+
+The following is a copy of the protest alluded to as officially
+transmitted to me:
+
+ Whereas it is announced in the public prints that it is the intention
+ of Congress to admit Colorado as a State into the Union: Therefore,
+
+ _Resolved by the house of representatives of the Territory_, That,
+ representing, as we do, the last and only legal expression of public
+ opinion on this question, we earnestly protest against the passage of a
+ law admitting the State without first having the question submitted to
+ a vote of the people, for the reasons, first, that we have a right to a
+ voice in the selection of the character of our government; second, that
+ we have not a sufficient population to support the expenses of a State
+ government. For these reasons we trust that Congress will not force upon
+ us a government against our will.
+
+
+Upon information which I considered reliable, I assumed in my message of
+the 15th of May last that the population of Colorado was not more than
+30,000, and expressed the opinion that this number was entirely too
+small either to assume the responsibilities or to enjoy the privileges
+of a State.
+
+It appears that previous to that time the legislature, with a view
+to ascertain the exact condition of the Territory, had passed a law
+authorizing a census of the population to be taken. The law made it
+the duty of the assessors in the several counties to take the census
+in connection with the annual assessments, and, in order to secure
+a correct enumeration of the population, allowed them a liberal
+compensation for the service by paying them for every name returned,
+and added to their previous oath of office an oath to perform this
+duty with fidelity.
+
+From the accompanying official report it appears that returns have been
+received from fifteen of the eighteen counties into which the State is
+divided, and that their population amounts in the aggregate to 24,909.
+The three remaining counties are estimated to contain 3,000, making a
+total population of 27,909.
+
+This census was taken in the summer season, when it is claimed that the
+population is much larger than at any other period, as in the autumn
+miners in large numbers leave their work and return to the East with the
+results of their summer enterprise.
+
+The population, it will be observed, is but slightly in excess of
+one-fifth of the number required as the basis of representation for a
+single Congressional district in any of the States--the number being
+127,000.
+
+I am unable to perceive any good reason for such great disparity in the
+right of representation, giving, as it would, to the people of Colorado
+not only this vast advantage in the House of Representatives, but an
+equality in the Senate, where the other States are represented by
+millions. With perhaps a single exception, no such inequality as this
+has ever before been attempted. I know that it is claimed that the
+population of the different States at the time of their admission has
+varied at different periods, but it has not varied much more than the
+population of each decade and the corresponding basis of representation
+for the different periods.
+
+The obvious intent of the Constitution was that no State should be
+admitted with a less population than the ratio for a Representative at
+the time of application. The limitation in the second section of the
+first article of the Constitution, declaring that "each State shall have
+at least one Representative," was manifestly designed to protect the
+States which originally composed the Union from being deprived, in
+the event of a waning population, of a voice in the popular branch of
+Congress, and was never intended as a warrant to force a new State into
+the Union with a representative population far below that which might at
+the time be required of sister members of the Confederacy. This bill, in
+view of the prohibition of the same section, which declares that "the
+number of Representatives shall not exceed one for every 30,000," is at
+least a violation of the spirit if not the letter of the Constitution.
+
+It is respectfully submitted that however Congress, under the pressure
+of circumstances, may have admitted two or three States with less than
+a representative population at the time, there has been no instance in
+which an application for admission has ever been entertained when the
+population, as officially ascertained, was below 30,000.
+
+Were there any doubt of this being the true construction of the
+Constitution, it would be dispelled by the early and long-continued
+practice of the Federal Government. For nearly sixty years after the
+adoption of the Constitution no State was admitted with a population
+believed at the time to be less than the current ratio for a
+Representative, and the first instance in which there appears to have
+been a departure from the principle was in 1845, in the case of Florida.
+Obviously the result of sectional strife, we would do well to regard it
+as a warning of evil rather than as an example for imitation; and I
+think candid men of all parties will agree that the inspiring cause of
+the violation of this wholesome principle of restraint is to be found
+in a vain attempt to balance these antagonisms, which refused to be
+reconciled except through the bloody arbitrament of arms. The plain
+facts of our history will attest that the great and leading States
+admitted since 1845, viz, Iowa, Wisconsin, California, Minnesota, and
+Kansas, including Texas, which was admitted that year, have all come
+with an ample population for one Representative, and some of them with
+nearly or quite enough for two.
+
+To demonstrate the correctness of my views on this question, I subjoin
+a table containing a list of the States admitted since the adoption
+of the Federal Constitution, with the date of admission, the ratio of
+representation, and the representative population when admitted, deduced
+from the United States census tables, the calculation being made for the
+period of the decade corresponding with the date of admission.
+
+Colorado, which it is now proposed to admit as a State, contains, as has
+already been stated, a population less than 28,000, while the present
+ratio of representation is 127,000.
+
+There can be no reason that I can perceive for the admission of
+Colorado that would not apply with equal force to nearly every other
+Territory now organized; and I submit whether, if this bill become a
+law, it will be possible to resist the logical conclusion that such
+Territories as Dakota, Montana, and Idaho must be received as States
+whenever they present themselves, without regard to the number of
+inhabitants they may respectively contain. Eight or ten new Senators and
+four or five new members of the House of Representatives would thus be
+admitted to represent a population scarcely exceeding that which in any
+other portion of the nation is entitled to but a single member of the
+House of Representatives, while the average for two Senators in the
+Union, as now constituted, is at least 1,000,000 people. It would surely
+be unjust to all other sections of the Union to enter upon a policy with
+regard to the admission of new States which might result in conferring
+such a disproportionate share of influence in the National Legislature
+upon communities which, in pursuance of the wise policy of our fathers,
+should for some years to come be retained under the fostering care
+and protection of the National Government. If it is deemed just and
+expedient now to depart from the settled policy of the nation during
+all its history, and to admit all the Territories to the rights and
+privileges of States, irrespective of their population or fitness
+for such government, it is submitted whether it would not be well to
+devise such measures as will bring the subject before the country for
+consideration and decision. This would seem to be eminently wise,
+because, as has already been stated, if it is right to admit Colorado
+now there is no reason for the exclusion of the other Territories.
+
+It is no answer to these suggestions that an enabling act was passed
+authorizing the people of Colorado to take action on this subject. It is
+well known that that act was passed in consequence of representations
+that the population reached, according to some statements, as high as
+80,000, and to none less than 50,000, and was growing with a rapidity
+which by the time the admission could be consummated would secure a
+population of over 100,000. These representations proved to have been
+wholly fallacious, and in addition the people of the Territory by a
+deliberate vote decided that they would not assume the responsibilities
+of a State government. By that decision they utterly exhausted all power
+that was conferred by the enabling act, and there has been no step taken
+since in relation to the admission that has had the slightest sanction
+or warrant of law.
+
+The proceeding upon which the present application is based was in the
+utter absence of all law in relation to it, and there is no evidence
+that the votes on the question of the formation of a State government
+bear any relation whatever to the sentiment of the Territory. The
+protest of the house of representatives previously quoted is conclusive
+evidence to the contrary.
+
+But if none of these reasons existed against this proposed enactment,
+the bill itself, besides being inconsistent in its provisions in
+conferring power upon a person unknown to the laws and who may never
+have a legal existence, is so framed as to render its execution almost
+impossible. It is, indeed, a question whether it is not in itself a
+nullity. To say the least, it is of exceedingly doubtful propriety to
+confer the power proposed in this bill upon the "governor elect," for as
+by its own terms the constitution is not to take effect until after the
+admission of the State, he in the meantime has no more authority than
+any other private citizen. But even supposing him to be clothed with
+sufficient authority to convene the legislature, what constitutes the
+"State legislature" to which is to be referred the submission of the
+conditions imposed by Congress? Is it a new body to be elected and
+convened by proclamation of the "governor elect," or is it that body
+which met more than a year ago under the provisions of the State
+constitution? By reference to the second section of the schedule and to
+the eighteenth section of the fourth article of the State constitution
+it will be seen that the term of the members of the house of
+representatives and that of one-half of the members of the senate
+expired on the first Monday of the present month. It is clear that if
+there were no intrinsic objections to the bill itself in relation to
+purposes to be accomplished this objection would be fatal, as, it is
+apparent that the provisions of the third section of the bill to admit
+Colorado have reference to a period and a state of facts entirely
+different from the present and affairs as they now exist, and if carried
+into effect must necessarily lead to confusion.
+
+Even if it were settled that the old and not a new body were to act, it
+would be found impracticable to execute the law, because a considerable
+number of the members, as I am informed, have ceased to be residents of
+the Territory, and in the sixty days within which the legislature is to
+be convened after the passage of the act there would not be sufficient
+time to fill the vacancies by new elections, were there any authority
+under which they could be held.
+
+It may not be improper to add that if these proceedings were all regular
+and the result to be obtained were desirable, simple justice to the
+people of the Territory would require a longer period than sixty days
+within which to obtain action on the conditions proposed by the third
+section of the bill. There are, as is well known, large portions of the
+Territory with which there is and can be no general communication, there
+being several counties which from November to May can only be reached by
+persons traveling on foot, while with other regions of the Territory,
+occupied by a large portion of the population, there is very little more
+freedom of access. Thus, if this bill should become a law, it would be
+impracticable to obtain any expression of public sentiment in reference
+to its provisions, with a view to enlighten the legislature, if the old
+body were called together, and, of course, equally impracticable to
+procure the election of a new body. This defect might have been remedied
+by an extension of the time and a submission of the question to the
+people, with a fair opportunity to enable them to express their
+sentiments.
+
+The admission of a new State has generally been regarded as an epoch in
+our history marking the onward progress of the nation; but after the
+most careful and anxious inquiry on the subject I can not perceive that
+the proposed proceeding is in conformity with the policy which from the
+origin of the Government has uniformly prevailed in the admission of new
+States. I therefore return the bill to the Senate without my signature.
+
+ANDREW JOHNSON.
+
+
+ States Admitted. Ratio. Population.
+ Vermont................................... 1791 33,000 92,320
+ Kentucky.................................. 1792 33,000 95,638
+ Tennessee................................. 1796 33,000 73,864
+ Ohio...................................... 1802 33,000 82,443
+ Louisiana................................. 1812 35,000 75,212
+ Indiana................................... 1816 35,000 98,110
+ Mississippi............................... 1817 35,000 53,677
+ Illinois.................................. 1818 35,000 46,274
+ Alabama................................... 1819 35,000 111,150
+ Maine..................................... 1820 35,000 298,335
+ Missouri.................................. 1821 35,000 69,260
+ Arkansas.................................. 1836 47,700 65,175
+ Michigan.................................. 1837 47,700 158,073
+ Florida................................... 1845 70,680 57,951
+ Texas..................................... 1845 70,680 189,327 [17]
+ Iowa...................................... 1846 70,680 132,527
+ Wisconsin................................. 1848 70,680 250,497
+ California................................ 1850 70,680 92,597
+ Oregon.................................... 1858 93,492 44,630
+ Minnesota................................. 1859 93,492 138,909
+ Kansas.................................... 1861 93,492 107,206
+ West Virginia............................. 1862 93,492 349,628
+ Nevada.................................... 1864 127,000 Not known.
+
+
+[Footnote 17: In 1850.]
+
+
+
+WASHINGTON, _January 29, 1867_.
+
+_To the Senate of the United States_:
+
+I return for reconsideration a bill entitled "An act for the admission
+of the State of Nebraska into the Union," which originated in the Senate
+and has received the assent of both Houses of Congress. A bill having in
+view the same object was presented for my approval a few hours prior to
+the adjournment of the last session, but, submitted at a time when there
+was no opportunity for a proper consideration of the subject, I withheld
+my signature and the measure failed to become a law.
+
+It appears by the preamble of this bill that the people of Nebraska,
+availing themselves of the authority conferred upon them by the act
+passed on the 19th day of April, 1864, "have adopted a constitution
+which, upon due examination, is found to conform to the provisions and
+comply with the conditions of said act, and to be republican in its form
+of government, and that they now ask for admission into the Union."
+This proposed law would therefore seem to be based upon the declaration
+contained in the enabling act that upon compliance with its terms the
+people of Nebraska should be admitted into the Union upon an equal
+footing with the original States. Reference to the bill, however, shows
+that while by the first section Congress distinctly accepts, ratifies,
+and confirms the Constitution and State government which the people of
+the Territory have formed for themselves, declares Nebraska to be one
+of the United States of America, and admits her into the Union upon an
+equal footing with the original States in all respects whatsoever, the
+third section provides that this measure "shall not take effect except
+upon the fundamental condition that within the State of Nebraska there
+shall be no denial of the elective franchise, or of any other right,
+to any person by reason of race or color, excepting Indians not
+taxed; and upon the further fundamental condition that the legislature
+of said State, by a solemn public act, shall declare the assent of
+said State to the said fundamental condition, and shall transmit to
+the President of the United States an authentic copy of said act, upon
+receipt whereof the President, by proclamation, shall forthwith announce
+the fact, whereupon said fundamental condition shall be held as a part
+of the organic law of the State; and thereupon, and without any further
+proceeding on the part of Congress, the admission of said State into the
+Union shall be considered as complete." This condition is not mentioned
+in the original enabling act; was not contemplated at the time of its
+passage; was not sought by the people themselves; has not heretofore
+been applied to the inhabitants of any State asking admission, and is in
+direct conflict with the constitution adopted by the people and declared
+in the preamble "to be republican in its form of government," for in
+that instrument the exercise of the elective franchise and the right
+to hold office are expressly limited to white citizens of the United
+States. Congress thus undertakes to authorize and compel the legislature
+to change a constitution which, it is declared in the preamble, has
+received the sanction of the people, and which by this bill is
+"accepted, ratified, and confirmed" by the Congress of the nation.
+
+The first and third sections of the bill exhibit yet further
+incongruity. By the one Nebraska is "admitted into the Union upon an
+equal footing with the original States in all respects whatsoever,"
+while by the other Congress demands as a condition precedent to her
+admission requirements which in our history have never been asked of
+any people when presenting a constitution and State government for the
+acceptance of the lawmaking power. It is expressly declared by the third
+section that the bill "shall not take effect except upon the fundamental
+condition that within the State of Nebraska there shall be no denial of
+the elective franchise, or of any other right, to any person by reason
+of race or color, excepting Indians not taxed." Neither more nor less
+than the assertion of the right of Congress to regulate the elective
+franchise of any State hereafter to be admitted, this condition is in
+clear violation of the Federal Constitution, under the provisions of
+which, from the very foundation of the Government, each State has been
+left free to determine for itself the qualifications necessary for
+the exercise of suffrage within its limits. Without precedent in our
+legislation, it is in marked contrast with those limitations which,
+imposed upon States that from time to time have become members of the
+Union, had for their object the single purpose of preventing any
+infringement of the Constitution of the country.
+
+If Congress is satisfied that Nebraska at the present time possesses
+sufficient population to entitle her to full representation in the
+councils of the nation, and that her people desire an exchange of a
+Territorial for a State government, good faith would seem to demand that
+she should be admitted without further requirements than those expressed
+in the enabling act, with all of which, it is asserted in the preamble,
+her inhabitants have complied. Congress may, under the Constitution,
+admit new States or reject them, but the people of a State can alone
+make or change their organic law and prescribe the qualifications
+requisite for electors. Congress, however, in passing the bill in the
+shape in which it has been submitted for my approval, does not merely
+reject the application of the people of Nebraska for present admission
+as a State into the Union, on the ground that the constitution which
+they have submitted restricts the exercise of the elective franchise to
+the white population, but imposes conditions which, if accepted by the
+legislature, may, without the consent of the people, so change the
+organic law as to make electors of all persons within the State without
+distinction of race or color. In view of this fact, I suggest for the
+consideration of Congress whether it would not be just, expedient, and
+in accordance with the principles of our Government to allow the people,
+by popular vote or through a convention chosen by themselves for that
+purpose, to declare whether or not they will accept the terms upon which
+it is now proposed to admit them into the Union. This course would
+not occasion much greater delay than that which the bill contemplates
+when it requires that the legislature shall be convened within thirty
+days after this measure shall have become a law for the purpose of
+considering and deciding the conditions which it imposes, and gains
+additional force when we consider that the proceedings attending the
+formation of the State constitution were not in conformity with the
+provisions of the enabling act; that in an aggregate vote of 7,776 the
+majority in favor of the constitution did not exceed 100; and that it is
+alleged that, in consequence of frauds, even this result can not be
+received as a fair expression of the wishes of the people. As upon them
+must fall the burdens of a State organization, it is but just that they
+should be permitted to determine for themselves a question which so
+materially affects their interests. Possessing a soil and a climate
+admirably adapted to those industrial pursuits which bring prosperity
+and greatness to a people, with the advantage of a central position
+on the great highway that will soon connect the Atlantic and Pacific
+States, Nebraska is rapidly gaining in numbers and wealth, and may
+within a very brief period claim admission on grounds which will
+challenge and secure universal assent. She can therefore wisely and
+patiently afford to wait. Her population is said to be steadily and
+even rapidly increasing, being now generally conceded as high as 40,000,
+and estimated by some whose judgment is entitled to respect at a still
+greater number. At her present rate of growth she will in a very short
+time have the requisite population for a Representative in Congress,
+and, what is far more important to her own citizens, will have realized
+such an advance in material wealth as will enable the expenses of a
+State government to be borne without oppression to the taxpayer. Of new
+communities it may be said with special force--and it is true of old
+ones--that the inducement to emigrants, other things being equal, is in
+almost the precise ratio of the rate of taxation. The great States of
+the Northwest owe their marvelous prosperity largely to the fact that
+they were continued as Territories until they had growth to be wealthy
+and populous communities.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the Senate of the United States_:
+
+I have carefully examined the bill "to regulate the tenure of certain
+civil offices." The material portion of the bill is contained in the
+first section, and is of the effect following, namely:
+
+ That every person holding any civil office to which he has been
+ appointed, by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled
+ to hold such office until a successor shall have been appointed
+ by the President, with the advice and consent of the Senate, and duly
+ qualified; and that the Secretaries of State, of the Treasury, of War,
+ of the Navy, and of the Interior, the Postmaster-General, and the
+ Attorney-General shall hold their offices respectively for and during
+ the term of the President by whom they may have been appointed and for
+ one month thereafter, subject to removal by and with the advice and
+ consent of the Senate.
+
+
+These provisions are qualified by a reservation in the fourth section,
+"that nothing contained in the bill shall be construed to extend the
+term of any office the duration of which is limited by law." In effect
+the bill provides that the President shall not remove from their places
+any of the civil officers whose terms of service are not limited by law
+without the advice and consent of the Senate of the United States. The
+bill in this respect conflicts, in my judgment, with the Constitution
+of the United States. The question, as Congress is well aware, is by no
+means a new one. That the power of removal is constitutionally vested
+in the President of the United States is a principle which has been not
+more distinctly declared by judicial authority and judicial commentators
+than it has been uniformly practiced upon by the legislative and
+executive departments of the Government. The question arose in the House
+of Representatives so early as the 16th of June, 1789, on the bill for
+establishing an Executive Department denominated "the Department of
+Foreign Affairs." The first clause of the bill, after recapitulating
+the functions of that officer and defining his duties, had these words:
+"To be removable from office by the President of the United States."
+It was moved to strike out these words and the motion was sustained
+with great ability and vigor. It was insisted that the President could
+not constitutionally exercise the power of removal exclusively of the
+Senate; that the Federalist so interpreted the Constitution when arguing
+for its adoption by the several States; that the Constitution had
+nowhere given the President power of removal, either expressly or by
+strong implication, but, on the contrary, had distinctly provided for
+removals from office by impeachment only.
+
+A construction which denied the power of removal by the President was
+further maintained by arguments drawn from the danger of the abuse of
+the power; from the supposed tendency of an exposure of public officers
+to capricious removal to impair the efficiency of the civil service;
+from the alleged injustice and hardship of displacing incumbents
+dependent upon their official stations without sufficient consideration;
+from a supposed want of responsibility on the part of the President, and
+from an imagined defect of guaranties against a vicious President who
+might incline to abuse the power. On the other hand, an exclusive power
+of removal by the President was defended as a true exposition of the
+text of the Constitution. It was maintained that there are certain
+causes for which persons ought to be removed from office without being
+guilty of treason, bribery, or malfeasance, and that the nature of
+things demands that it should be so. "Suppose," it was said, "a man
+becomes insane by the visitation of God and is likely to ruin our
+affairs; are the hands of the Government to be confined from warding off
+the evil? Suppose a person in office not possessing the talents he was
+judged to have at the time of the appointment; is the error not to be
+corrected? Suppose he acquires vicious habits and incurable indolence or
+total neglect of the duties of his office, which shall work mischief to
+the public welfare; is there no way to arrest the threatened danger?
+Suppose he becomes odious and unpopular by reason of the measures he
+pursues--and this he may do without committing any positive offense
+against the law; must he preserve his office in despite of the popular
+will? Suppose him grasping for his own aggrandizement and the elevation
+of his connections by every means short of the treason defined by the
+Constitution, hurrying your affairs to the precipice of destruction,
+endangering your domestic tranquillity, plundering you of the means of
+defense, alienating the affections of your allies and promoting the
+spirit of discord; must the tardy, tedious, desultory road by way of
+impeachment be traveled to overtake the man who, barely confining
+himself within the letter of the law, is employed in drawing off the
+vital principle of the Government? The nature of things, the great
+objects of society, the express objects of the Constitution itself,
+require that this thing should be otherwise. To unite the Senate with
+the President in the exercise of the power," it was said, "would involve
+us in the most serious difficulty. Suppose a discovery of any of those
+events should take place when the Senate is not in session; how is the
+remedy to be applied? The evil could be avoided in no other way than by
+the Senate sitting always." In regard to the danger of the power being
+abused if exercised by one man it was said "that the danger is as great
+with respect to the Senate, who are assembled from various parts of the
+continent, with different impressions and opinions;" "that such a body
+is more likely to misuse the power of removal than the man whom the
+united voice of America calls to the Presidential chair. As the nature
+of government requires the power of removal," it was maintained "that it
+should be exercised in this way by the hand capable of exerting itself
+with effect; and the power must be conferred on the President by the
+Constitution as the executive officer of the Government."
+
+Mr. Madison, whose adverse opinion in the Federalist had been relied
+upon by those who denied the exclusive power, now participated in the
+debate. He declared that he had reviewed his former opinions, and he
+summed up the whole case as follows:
+
+ The Constitution affirms that the executive power is vested in the
+ President. Are there exceptions to this proposition? Yes; there are.
+ The Constitution says that in appointing to office the Senate shall be
+ associated with the President, unless in the case of inferior officers,
+ when the law shall otherwise direct. Have we (that is, Congress) a
+ right to extend this exception? I believe not. If the Constitution has
+ invested all executive power in the President, I venture to assert
+ that the Legislature has no right to diminish or modify his executive
+ authority. The question now resolves itself into this: Is the power of
+ displacing an executive power? I conceive that if any power whatsoever
+ is in the Executive it is the power of appointing, overseeing, and
+ controlling those who execute the laws. If the Constitution had not
+ qualified the power of the President in appointing to office by
+ associating the Senate with him in that business, would it not be clear
+ that he would have the right by virtue of his executive power to make
+ such appointment? Should we be authorized in defiance of that clause
+ in the Constitution, "The executive power shall be vested in the
+ President," to unite the Senate with the President in the appointment
+ to office? I conceive not. If it is admitted that we should not be
+ authorized to do this, I think it may be disputed whether we have a
+ right to associate them in removing persons from office, the one power
+ being as much of an executive nature as the other; and the first one is
+ authorized by being excepted out of the general rule established by the
+ Constitution in these words: "The executive power shall be vested in the
+ President."
+
+
+The question, thus ably and exhaustively argued, was decided by the
+House of Representatives, by a vote of 34 to 20, in favor of the
+principle that the executive power of removal is vested by the
+Constitution in the Executive, and in the Senate by the casting vote
+of the Vice-President.
+
+The question has often been raised in subsequent times of high
+excitement, and the practice of the Government has, nevertheless,
+conformed in all cases to the decision thus early made.
+
+The question was revived during the Administration of President Jackson,
+who made, as is well recollected, a very large number of removals, which
+were made an occasion of close and rigorous scrutiny and remonstrance.
+The subject was long and earnestly debated in the Senate, and the early
+construction of the Constitution was, nevertheless, freely accepted as
+binding and conclusive upon Congress.
+
+The question came before the Supreme Court of the United States in
+January, 1839, _ex parte_ Hennen. It was declared by the court on that
+occasion that the power of removal from office was a subject much
+disputed, and upon which a great diversity of opinion was entertained in
+the early history of the Government. This related, however, to the power
+of the President to remove officers appointed with the concurrence of
+the Senate, and the great question was whether the removal was to be
+by the President alone or with the concurrence of the Senate, both
+constituting the appointing power. No one denied the power of the
+President and Senate jointly to remove where the tenure of the office
+was not fixed by the Constitution, which was a full recognition of the
+principle that the power of removal was incident to the power of
+appointment; but it was very early adopted as a practical construction
+of the Constitution that this power was vested in the President alone,
+and such would appear to have been the legislative construction of the
+Constitution, for in the organization of the three great Departments of
+State, War, and Treasury, in the year 1789, provision was made for the
+appointment of a subordinate officer by the head of the Department, who
+should have charge of the records, books, and papers appertaining to the
+office when the head of the Department should be removed from office
+by the President of the United States. When the Navy Department was
+established, in the year 1798, provision was made for the charge and
+custody of the books, records, and documents of the Department in case
+of vacancy in the office of Secretary by removal or otherwise. It is not
+here said "by removal of the President," as is done with respect to the
+heads of the other Departments, yet there can be no doubt that he holds
+his office with the same tenure as the other Secretaries and is
+removable by the President. The change of phraseology arose, probably,
+from its having become the settled and well-understood construction of
+the Constitution that the power of removal was vested in the President
+alone in such cases, although the appointment of the officer is by the
+President and Senate. (13 Peters, p. 139.)
+
+Our most distinguished and accepted commentators upon the Constitution
+concur in the construction thus early given by Congress, and thus
+sanctioned by the Supreme Court. After a full analysis of the
+Congressional debate to which I have referred, Mr. Justice Story comes
+to this conclusion:
+
+ After a most animated discussion, the vote finally taken in the House
+ of Representatives was affirmative of the power of removal in the
+ President, without any cooperation of the Senate, by the vote of 34
+ members against 20. In the Senate the clause in the bill affirming the
+ power was carried by the casting vote of the Vice-President. That the
+ final decision of this question so made was greatly influenced by the
+ exalted character of the President then in office was asserted at the
+ time and has always been believed; yet the doctrine was opposed as well
+ as supported by the highest talents and patriotism of the country. The
+ public have acquiesced in this decision, and it constitutes, perhaps,
+ the most extraordinary case in the history of the Government of a power
+ conferred by implication on the Executive by the assent of a bare
+ majority of Congress which has not been questioned on many other
+ occasions.
+
+
+The commentator adds:
+
+ Nor is this general acquiescence and silence without a satisfactory
+ explanation.
+
+
+Chancellor Kent's remarks on the subject are as follows:
+
+ On the first organization of the Government it was made a question
+ whether the power of removal in case of officers appointed to hold
+ at pleasure resided nowhere but in the body which appointed, and, of
+ course, whether the consent of the Senate was not requisite to remove.
+ This was the construction given to the Constitution, while it was
+ pending for ratification before the State conventions, by the author of
+ the Federalist. But the construction which was given to the Constitution
+ by Congress, after great consideration and discussion, was different.
+ The words of the act [establishing the Treasury Department] are: "And
+ whenever the same shall be removed from office by the President of
+ the United States, or in any other case of vacancy in the office, the
+ assistant shall act." This amounted to a legislative construction of the
+ Constitution, and it has ever since been acquiesced in and acted upon
+ as a decisive authority in the case. It applies equally to every other
+ officer of the Government appointed by the President, whose term of
+ duration is not specially declared. It is supported by the weighty
+ reason that the subordinate officers in the executive department ought
+ to hold at the pleasure of the head of the department, because he is
+ invested generally with the executive authority, and the participation
+ in that authority by the Senate was an exception to a general principle
+ and ought to be taken strictly. The President is the great responsible
+ officer for the faithful execution of the law, and the power of removal
+ was incidental to that duty, and might often be requisite to fulfill it.
+
+
+Thus has the important question presented by this bill been settled, in
+the language of the late Daniel Webster (who, while dissenting from it,
+admitted that it was settled), by construction, settled by precedent,
+settled by the practice of the Government, and settled by statute. The
+events of the last war furnished a practical confirmation of the wisdom
+of the Constitution as it has hitherto been maintained in many of its
+parts, including that which is now the subject of consideration. When
+the war broke out, rebel enemies, traitors, abettors, and sympathizers
+were found in every Department of the Government, as well in the civil
+service as in the land and naval military service. They were found in
+Congress and among the keepers of the Capitol; in foreign missions; in
+each and all the Executive Departments; in the judicial service; in the
+post-office, and among the agents for conducting Indian affairs. Upon
+probable suspicion they were promptly displaced by my predecessor, so
+far as they held their offices under executive authority, and their
+duties were confided to new and loyal successors. No complaints against
+that power or doubts of its wisdom were entertained in any quarter. I
+sincerely trust and believe that no such civil war is likely to occur
+again. I can not doubt, however, that in whatever form and on whatever
+occasion sedition can raise an effort to hinder or embarrass or defeat
+the legitimate action of this Government, whether by preventing the
+collection of revenue, or disturbing the public peace, or separating the
+States, or betraying the country to a foreign enemy, the power of
+removal from office by the Executive, as it has heretofore existed and
+been practiced, will be found indispensable.
+
+Under these circumstances, as a depositary of the executive authority of
+the nation, I do not feel at liberty to unite with Congress in reversing
+it by giving my approval to the bill. At the early day when this
+question was settled, and, indeed, at the several periods when it has
+subsequently been agitated, the success of the Constitution of the
+United States, as a new and peculiar system of free representative
+government, was held doubtful in other countries, and was even a subject
+of patriotic apprehension among the American people themselves. A trial
+of nearly eighty years, through the vicissitudes of foreign conflicts
+and of civil war, is confidently regarded as having extinguished all
+such doubts and apprehensions for the future. During that eighty years
+the people of the United States have enjoyed a measure of security,
+peace, prosperity, and happiness never surpassed by any nation. It can
+not be doubted that the triumphant success of the Constitution is due
+to the wonderful wisdom with which the functions of government were
+distributed between the three principal departments--the legislative,
+the executive, and the judicial--and to the fidelity with which each
+has confined itself or been confined by the general voice of the nation
+within its peculiar and proper sphere. While a just, proper, and
+watchful jealousy of executive power constantly prevails, as it ought
+ever to prevail, yet it is equally true that an efficient Executive,
+capable, in the language of the oath prescribed to the President, of
+executing the laws and, within the sphere of executive action, of
+preserving, protecting, and defending the Constitution of the United
+States, is an indispensable security for tranquillity at home and peace,
+honor, and safety abroad. Governments have been erected in many
+countries upon our model. If one or many of them have thus far failed in
+fully securing to their people the benefits which we have derived from
+our system, it may be confidently asserted that their misfortune has
+resulted from their unfortunate failure to maintain the integrity of
+each of the three great departments while preserving harmony among
+them all.
+
+Having at an early period accepted the Constitution in regard to the
+Executive office in the sense in which it was interpreted with the
+concurrence of its founders, I have found no sufficient grounds in the
+arguments now opposed to that construction or in any assumed necessity
+of the times for changing those opinions. For these reasons I return
+the bill to the Senate, in which House it originated, for the further
+consideration of Congress which the Constitution prescribes. Insomuch as
+the several parts of the bill which I have not considered are matters
+chiefly of detail and are based altogether upon the theory of the
+Constitution from which I am obliged to dissent, I have not thought
+it necessary to examine them with a view to make them an occasion of
+distinct and special objections.
+
+Experience, I think, has shown that it is the easiest, as it is
+also the most attractive, of studies to frame constitutions for the
+self-government of free states and nations. But I think experience has
+equally shown that it is the most difficult of all political labors to
+preserve and maintain such free constitutions of self-government when
+once happily established. I know no other way in which they can be
+preserved and maintained except by a constant adherence to them through
+the various vicissitudes of national existence, with such adaptations
+as may become necessary, always to be effected, however, through the
+agencies and in the forms prescribed in the original constitutions
+themselves.
+
+Whenever administration fails or seems to fail in securing any of the
+great ends for which republican government is established, the proper
+course seems to be to renew the original spirit and forms of the
+Constitution itself.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 2, 1867_.
+
+_To the House of Representatives_:
+
+I have examined the bill "to provide for the more efficient government
+of the rebel States" with the care and anxiety which its transcendent
+importance is calculated to awaken. I am unable to give it my assent,
+for reasons so grave that I hope a statement of them may have some
+influence on the minds of the patriotic and enlightened men with whom
+the decision must ultimately rest.
+
+The bill places all the people of the ten States therein named under the
+absolute domination of military rulers; and the preamble undertakes to
+give the reason upon which the measure is based and the ground upon
+which it is justified. It declares that there exists in those States no
+legal governments and no adequate protection for life or property, and
+asserts the necessity of enforcing peace and good order within their
+limits. Is this true as matter of fact?
+
+It is not denied that the States in question have each of them
+an actual government, with all the powers--executive, judicial, and
+legislative--which properly belong to a free state. They are organized
+like the other States of the Union, and, like them, they make,
+administer, and execute the laws which concern their domestic affairs.
+An existing _de facto_ government, exercising such functions as these,
+is itself the law of the state upon all matters within its jurisdiction.
+To pronounce the supreme law-making power of an established state
+illegal is to say that law itself is unlawful.
+
+The provisions which these governments have made for the preservation
+of order, the suppression of crime, and the redress of private injuries
+are in substance and principle the same as those which prevail in the
+Northern States and in other civilized countries. They certainly have
+not succeeded in preventing the commission of all crime, nor has this
+been accomplished anywhere in the world. There, as well as elsewhere,
+offenders sometimes escape for want of vigorous prosecution, and
+occasionally, perhaps, by the inefficiency of courts or the prejudice of
+jurors. It is undoubtedly true that these evils have been much increased
+and aggravated, North and South, by the demoralizing influences of civil
+war and by the rancorous passions which the contest has engendered. But
+that these people are maintaining local governments for themselves which
+habitually defeat the object of all government and render their own
+lives and property insecure is in itself utterly improbable, and the
+averment of the bill to that effect is not supported by any evidence
+which has come to my knowledge. All the information I have on the
+subject convinces me that the masses of the Southern people and those
+who control their public acts, while they entertain diverse opinions
+on questions of Federal policy, are completely united in the effort to
+reorganize their society on the basis of peace and to restore their
+mutual prosperity as rapidly and as completely as their circumstances
+will permit.
+
+The bill, however, would seem to show upon its face that the
+establishment of peace and good order is not its real object. The fifth
+section declares that the preceding sections shall cease to operate in
+any State where certain events shall have happened. These events are,
+first, the selection of delegates to a State convention by an election
+at which negroes shall be allowed to vote; second, the formation of a
+State constitution by the convention so chosen; third, the insertion
+into the State constitution of a provision which will secure the right
+of voting at all elections to negroes and to such white men as may
+not be disfranchised for rebellion or felony; fourth, the submission
+of the constitution for ratification to negroes and white men not
+disfranchised, and its actual ratification by their vote; fifth, the
+submission of the State constitution to Congress for examination and
+approval, and the actual approval of it by that body; sixth, the
+adoption of a certain amendment to the Federal Constitution by a vote
+of the legislature elected under the new constitution; seventh, the
+adoption of said amendment by a sufficient number of other States to
+make it a part of the Constitution of the United States. All these
+conditions must be fulfilled before the people of any of these States
+can be relieved from the bondage of military domination; but when they
+are fulfilled, then immediately the pains and penalties of the bill are
+to cease, no matter whether there be peace and order or not, and without
+any reference to the security of life or property. The excuse given for
+the bill in the preamble is admitted by the bill itself not to be real.
+The military rule which it establishes is plainly to be used, not for
+any purpose of order or for the prevention of crime, but solely as
+a means of coercing the people into the adoption of principles and
+measures to which it is known that they are opposed, and upon which
+they have an undeniable right to exercise their own judgment.
+
+I submit to Congress whether this measure is not in its whole character,
+scope, and object without precedent and without authority, in palpable
+conflict with the plainest provisions of the Constitution, and utterly
+destructive to those great principles of liberty and humanity for which
+our ancestors on both sides of the Atlantic have shed so much blood and
+expended so much treasure.
+
+The ten States named in the bill are divided into five districts.
+For each district an officer of the Army, not below the rank of a
+brigadier-general, is to be appointed to rule over the people; and he
+is to be supported with an efficient military force to enable him to
+perform his duties and enforce his authority. Those duties and that
+authority, as defined by the third section of the bill, are "to protect
+all persons in their rights of person and property, to suppress
+insurrection, disorder, and violence, and to punish or cause to be
+punished all disturbers of the public peace or criminals." The power
+thus given to the commanding officer over all the people of each
+district is that of an absolute monarch. His mere will is to take the
+place of all law. The law of the States is now the only rule applicable
+to the subjects placed under his control, and that is completely
+displaced by the clause which declares all interference of State
+authority to be null and void. He alone is permitted to determine what
+are rights of person or property, and he may protect them in such way as
+in his discretion may seem proper. It places at his free disposal all
+the lands and goods in his district, and he may distribute them without
+let or hindrance to whom he pleases. Being bound by no State law, and
+there being no other law to regulate the subject, he may make a criminal
+code of his own; and he can make it as bloody as any recorded in
+history, or he can reserve the privilege of acting upon the impulse of
+his private passions in each case that arises. He is bound by no rules
+of evidence; there is, indeed, no provision by which he is authorized or
+required to take any evidence at all. Everything is a crime which he
+chooses to call so, and all persons are condemned whom he pronounces to
+be guilty. He is not bound to keep any record or make any report of his
+proceedings. He may arrest his victims wherever he finds them, without
+warrant, accusation, or proof of probable cause. If he gives them a
+trial before he inflicts the punishment, he gives it of his grace and
+mercy, not because he is commanded so to do.
+
+To a casual reader of the bill it might seem that some kind of trial was
+secured by it to persons accused of crime, but such is not the case.
+The officer "may allow local civil tribunals to try offenders," but
+of course this does not require that he shall do so. If any State or
+Federal court presumes to exercise its legal jurisdiction by the trial
+of a malefactor without his special permission, he can break it up and
+punish the judges and jurors as being themselves malefactors. He can
+save his friends from justice, and despoil his enemies contrary to
+justice.
+
+It is also provided that "he shall have power to organize military
+commissions or tribunals:" but this power he is not commanded to
+exercise. It is merely permissive, and is to be used only "when in his
+judgment it may be necessary for the trial of offenders." Even if the
+sentence of a commission were made a prerequisite to the punishment
+of a party, it would be scarcely the slightest check upon the officer,
+who has authority to organize it as he pleases, prescribe its mode of
+proceeding, appoint its members from his own subordinates, and revise
+all its decisions. Instead of mitigating the harshness of his single
+rule, such a tribunal would be used much more probably to divide the
+responsibility of making it more cruel and unjust.
+
+Several provisions dictated by the humanity of Congress have
+been inserted in the bill, apparently to restrain the power of the
+commanding officer; but it seems to me that they are of no avail for
+that purpose. The fourth section provides: First. That trials shall not
+be unnecessarily delayed; but I think I have shown that the power is
+given to punish without trial; and if so, this provision is practically
+inoperative. Second. Cruel or unusual punishment is not to be inflicted;
+but who is to decide what is cruel and what is unusual? The words have
+acquired a legal meaning by long use in the courts. Can it be expected
+that military officers will understand or follow a rule expressed in
+language so purely technical and not pertaining in the least degree
+to their profession? If not, then each officer may define cruelty
+according to his own temper, and if it is not usual he will make it
+usual. Corporal punishment, imprisonment, the gag, the ball and chain,
+and all the almost insupportable forms of torture invented for military
+punishment lie within the range of choice. Third. The sentence of
+a commission is not to be executed without being approved by the
+commander, if it affects life or liberty, and a sentence of death must
+be approved by the President. This applies to cases in which there has
+been a trial and sentence. I take it to be clear, under this bill, that
+the military commander may condemn to death without even the form of a
+trial by a military commission, so that the life of the condemned may
+depend upon the will of two men instead of one.
+
+It is plain that the authority here given to the military officer
+amounts to absolute despotism. But to make it still more unendurable,
+the bill provides that it may be delegated to as many subordinates as he
+chooses to appoint, for it declares that he shall "punish or cause to be
+punished." Such a power has not been wielded by any monarch in England
+for more than five hundred years. In all that time no people who speak
+the English language have borne such servitude. It reduces the whole
+population of the ten States--all persons, of every color, sex, and
+condition, and every stranger within their limits--to the most abject
+and degrading slavery. No master ever had a control so absolute over the
+slaves as this bill gives to the military officers over both white and
+colored persons.
+
+It may be answered to this that the officers of the Army are too
+magnanimous, just, and humane to oppress and trample upon a subjugated
+people. I do not doubt that army officers are as well entitled to this
+kind of confidence as any other class of men. But the history of the
+world has been written in vain if it does not teach us that unrestrained
+authority can never be safely trusted in human hands. It is almost sure
+to be more or less abused under any circumstances, and it has always
+resulted in gross tyranny where the rulers who exercise it are strangers
+to their subjects and come among them as the representatives of a
+distant power, and more especially when the power that sends them is
+unfriendly. Governments closely resembling that here proposed have been
+fairly tried in Hungary and Poland, and the suffering endured by those
+people roused the sympathies of the entire world. It was tried in
+Ireland, and, though tempered at first by principles of English law,
+it gave birth to cruelties so atrocious that they are never recounted
+without just indignation. The French Convention armed its deputies with
+this power and sent them to the southern departments of the Republic.
+The massacres, murders, and other atrocities which they committed show
+what the passions of the ablest men in the most civilized society will
+tempt them to do when wholly unrestrained by law.
+
+The men of our race in every age have struggled to tie up the hands
+of their governments and keep them within the law, because their own
+experience of all mankind taught them that rulers could not be relied
+on to concede those lights which they were not legally bound to respect.
+The head of a great empire has sometimes governed it with a mild and
+paternal sway, but the kindness of an irresponsible deputy never yields
+what the law does not extort from him. Between such a master and the
+people subjected to his domination there can be nothing but enmity; he
+punishes them if they resist his authority, and if they submit to it
+he hates them for their servility.
+
+I come now to a question which is, if possible, still more important.
+Have we the power to establish and carry into execution a measure like
+this? I answer, Certainly not, if we derive our authority from the
+Constitution and if we are bound by the limitations which it imposes.
+
+This proposition is perfectly clear, that no branch of the Federal
+Government--executive, legislative, or judicial--can have any just
+powers except those which it derives through and exercises under the
+organic law of the Union. Outside of the Constitution we have no legal
+authority more than private citizens, and within it we have only so
+much as that instrument gives us. This broad principle limits all our
+functions and applies to all subjects. It protects not only the citizens
+of States which are within the Union, but it shields every human being
+who comes or is brought under our jurisdiction. We have no right to do
+in one place more than in another that which the Constitution says we
+shall not do at all. If, therefore, the Southern States were in truth
+out of the Union, we could not treat their people in a way which the
+fundamental law forbids.
+
+Some persons assume that the success of our arms in crushing the
+opposition which was made in some of the States to the execution of the
+Federal laws reduced those States and all their people--the innocent as
+well as the guilty--to the condition of vassalage and gave us a power
+over them which the Constitution does not bestow or define or limit.
+No fallacy can be more transparent than this. Our victories subjected
+the insurgents to legal obedience, not to the yoke of an arbitrary
+despotism. When an absolute sovereign reduces his rebellious subjects,
+he may deal with them according to his pleasure, because he had that
+power before. But when a limited monarch puts down an insurrection, he
+must still govern according to law. If an insurrection should take place
+in one of our States against the authority of the State government and
+end in the overthrow of those who planned it, would that take away the
+rights of all the people of the counties where it was favored by a part
+or a majority of the population? Could they for such a reason be wholly
+outlawed and deprived of their representation in the legislature? I have
+always contended that the Government of the United States was sovereign
+within its constitutional sphere; that it executed its laws, like
+the States themselves, by applying its coercive power directly to
+individuals, and that it could put down insurrection with the same
+effect as a State and no other. The opposite doctrine is the worst
+heresy of those who advocated secession, and can not be agreed to
+without admitting that heresy to be right.
+
+Invasion, insurrection, rebellion, and domestic violence were
+anticipated when the Government was framed, and the means of repelling
+and suppressing them were wisely provided for in the Constitution; but
+it was not thought necessary to declare that the States in which they
+might occur should be expelled from the Union. Rebellions, which were
+invariably suppressed, occurred prior to that out of which these
+questions grow; but the States continued to exist and the Union remained
+unbroken. In Massachusetts, in Pennsylvania, in Rhode Island, and in New
+York, at different periods in our history, violent and armed opposition
+to the United States was carried on; but the relations of those States
+with the Federal Government were not supposed to be interrupted or
+changed thereby after the rebellious portions of their population were
+defeated and put down. It is true that in these earlier cases there was
+no formal expression of a determination to withdraw from the Union, but
+it is also true that in the Southern States the ordinances of secession
+were treated by all the friends of the Union as mere nullities and are
+now acknowledged to be so by the States themselves. If we admit that
+they had any force or validity or that they did in fact take the States
+in which they were passed out of the Union, we sweep from under our feet
+all the grounds upon which we stand in justifying the use of Federal
+force to maintain the integrity of the Government.
+
+This is a bill passed by Congress in time of peace. There is not
+in any one of the States brought under its operation either war or
+insurrection. The laws of the States and of the Federal Government are
+all in undisturbed and harmonious operation. The courts, State and
+Federal, are open and in the full exercise of their proper authority.
+Over every State comprised in these five military districts, life,
+liberty, and property are secured by State laws and Federal laws, and
+the National Constitution is everywhere in force and everywhere obeyed.
+What, then, is the ground on which this bill proceeds? The title of the
+bill announces that it is intended "for the more efficient government"
+of these ten States. It is recited by way of preamble that no legal
+State governments "nor adequate protection for life or property" exist
+in those States, and that peace and good order should be thus enforced.
+The first thing which arrests attention upon these recitals, which
+prepare the way for martial law, is this, that the only foundation
+upon which martial law can exist under our form of government is not
+stated or so much as pretended. Actual war, foreign invasion, domestic
+insurrection--none of these appear; and none of these, in fact, exist.
+It is not even recited that any sort of war or insurrection is
+threatened. Let us pause here to consider, upon this question of
+constitutional law and the power of Congress, a recent decision of
+the Supreme Court of the United States in _ex parte_ Milligan.
+
+I will first quote from the opinion of the majority of the court:
+
+ Martial law can not arise from a threatened invasion. The necessity
+ must be actual and present, the invasion real, such as effectually
+ closes the courts and deposes the civil administration.
+
+
+We see that martial law comes in only when actual war closes the courts
+and deposes the civil authority; but this bill, in time of peace, makes
+martial law operate as though we were in actual war, and becomes the
+_cause_ instead of the _consequence_ of the abrogation of civil
+authority. One more quotation:
+
+ It follows from what has been said on this subject that there are
+ occasions when martial law can be properly applied. If in foreign
+ invasion or civil war the courts are actually closed, and it is
+ impossible to administer criminal justice according to law, _then_, on
+ the theater of active military operations, where war really prevails,
+ there is a necessity to furnish a substitute for the civil authority
+ thus overthrown, to preserve the safety of the army and society; and as
+ no power is left but the military, it is allowed to govern by martial
+ rule until the laws can have their free course.
+
+
+I now quote from the opinion of the minority of the court, delivered by
+Chief Justice Chase:
+
+ We by no means assert that Congress can establish and apply the laws of
+ war where no war has been declared or exists. Where peace exists, the
+ laws of peace must prevail.
+
+
+This is sufficiently explicit. Peace exists in all the territory to
+which this bill applies. It asserts a power in Congress, in time of
+peace, to set aside the laws of peace and to substitute the laws of war.
+The minority, concurring with the majority, declares that Congress does
+not possess that power. Again, and, if possible, more emphatically, the
+Chief Justice, with remarkable clearness and condensation, sums up the
+whole matter as follows:
+
+ There are under the Constitution three kinds of military
+ jurisdiction--one to be exercised both in peace and war; another to be
+ exercised in time of foreign war without the boundaries of the United
+ States, or in time of rebellion and civil war within States or districts
+ occupied by rebels treated as belligerents; and a third to be exercised
+ in time of invasion or insurrection within the limits of the United
+ States, or during rebellion within the limits of the States maintaining
+ adhesion to the National Government, when the public danger requires its
+ exercise. The first of these may be called jurisdiction under military
+ law, and is found in acts of Congress prescribing rules and articles of
+ war or otherwise providing for the government of the national forces;
+ the second may be distinguished as military government, superseding
+ as far as may be deemed expedient the local law, and exercised by
+ the military commander under the direction of the President, with
+ the express or implied sanction of Congress; while the third may be
+ denominated martial law proper, and is called into action by Congress,
+ or temporarily, when the action of Congress can not be invited, and in
+ the case of justifying or excusing peril, by the President, in times of
+ insurrection or invasion or of civil or foreign war, within districts
+ or localities where ordinary law no longer adequately secures public
+ safety and private rights.
+
+
+It will be observed that of the three kinds of military jurisdiction
+which can be exercised or created under our Constitution there is but
+one that can prevail in time of peace, and that is the code of laws
+enacted by Congress for the government of the national forces. That body
+of military law has no application to the citizen, nor even to the
+citizen soldier enrolled in the militia in time of peace. But this bill
+is not a part of that sort of military law, for that applies only to the
+soldier and not to the citizen, whilst, contrariwise, the military law
+provided by this bill applies only to the citizen and not to the
+soldier.
+
+I need not say to the representatives of the American people that their
+Constitution forbids the exercise of judicial power in any way but
+one--that is, by the ordained and established courts. It is equally well
+known that in all criminal cases a trial by jury is made indispensable
+by the express words of that instrument. I will not enlarge on the
+inestimable value of the right thus secured to every freeman or speak
+of the danger to public liberty in all parts of the country which must
+ensue from a denial of it anywhere or upon any pretense. A very recent
+decision of the Supreme Court has traced the history, vindicated the
+dignity, and made known the value of this great privilege so clearly
+that nothing more is needed. To what extent a violation of it might be
+excused in time of war or public danger may admit of discussion, but we
+are providing now for a time of profound peace, when there is not an
+armed soldier within our borders except those who are in the service
+of the Government. It is in such a condition of things that an act of
+Congress is proposed which, if carried out, would deny a trial by the
+lawful courts and juries to 9,000,000 American citizens and to their
+posterity for an indefinite period. It seems to be scarcely possible
+that anyone should seriously believe this consistent with a Constitution
+which declares in simple, plain, and unambiguous language that all
+persons shall have that right and that no person shall ever in any case
+be deprived of it. The Constitution also forbids the arrest of the
+citizen without judicial warrant, founded on probable cause. This bill
+authorizes an arrest without warrant, at the pleasure of a military
+commander. The Constitution declares that "no person shall be held to
+answer for a capital or otherwise infamous crime unless on presentment
+by a grand jury." This bill holds every person not a soldier answerable
+for all crimes and all charges without any presentment. The Constitution
+declares that "no person shall be deprived of life, liberty, or property
+without due process of law." This bill sets aside all process of law,
+and makes the citizen answerable in his person and property to the
+will of one man, and as to his life to the will of two. Finally, the
+Constitution declares that "the privilege of the writ of _habeas corpus_
+shall not be suspended unless when, in case of rebellion or invasion,
+the public safety may require it;" whereas this bill declares martial
+law (which of itself suspends this great writ) in time of peace, and
+authorizes the military to make the arrest, and gives to the prisoner
+only one privilege, and that is a trial "without unnecessary delay."
+He has no hope of release from custody, except the hope, such as it is,
+of release by acquittal before a military commission.
+
+The United States are bound to guarantee to each State a republican form
+of government. Can it be pretended that this obligation is not palpably
+broken if we carry out a measure like this, which wipes away every
+vestige of republican government in ten States and puts the life,
+property, liberty, and honor of all the people in each of them under
+the domination of a single person clothed with unlimited authority?
+
+The Parliament of England, exercising the omnipotent power which it
+claimed, was accustomed to pass bills of attainder; that is to say, it
+would convict men of treason and other crimes by legislative enactment.
+The person accused had a hearing, sometimes a patient and fair one, but
+generally party prejudice prevailed instead of justice. It often became
+necessary for Parliament to acknowledge its error and reverse its own
+action. The fathers of our country determined that no such thing should
+occur here. They withheld the power from Congress, and thus forbade its
+exercise by that body, and they provided in the Constitution that no
+State should pass any bill of attainder. It is therefore impossible for
+any person in this country to be constitutionally convicted or punished
+for any crime by a legislative proceeding of any sort. Nevertheless,
+here is a bill of attainder against 9,000,000 people at once. It is
+based upon an accusation so vague as to be scarcely intelligible and
+found to be true upon no credible evidence. Not one of the 9,000,000 was
+heard in his own defense. The representatives of the doomed parties were
+excluded from all participation in the trial. The conviction is to be
+followed by the most ignominious punishment ever inflicted on large
+masses of men. It disfranchises them by hundreds of thousands and
+degrades them all, even those who are admitted to be guiltless, from
+the rank of freemen to the condition of slaves.
+
+The purpose and object of the bill--the general intent which pervades it
+from beginning to end--is to change the entire structure and character
+of the State governments and to compel them by force to the adoption of
+organic laws and regulations which they are unwilling to accept if left
+to themselves. The negroes have not asked for the privilege of voting;
+the vast majority of them have no idea what it means. This bill not only
+thrusts it into their hands, but compels them, as well as the whites, to
+use it in a particular way. If they do not form a constitution with
+prescribed articles in it and afterwards elect a legislature which will
+act upon certain measures in a prescribed way, neither blacks nor whites
+can be relieved from the slavery which the bill imposes upon them.
+Without pausing here to consider the policy or impolicy of Africanizing
+the southern part of our territory, I would simply ask the attention of
+Congress to that manifest, well-known, and universally acknowledged rule
+of constitutional law which declares that the Federal Government has no
+jurisdiction, authority, or power to regulate such subjects for any
+State. To force the right of suffrage out of the hands of the white
+people and into the hands of the negroes is an arbitrary violation of
+this principle.
+
+This bill imposes martial law at once, and its operations will begin
+so soon as the general and his troops can be put in place. The dread
+alternative between its harsh rule and compliance with the terms of this
+measure is not suspended, nor are the people afforded any time for free
+deliberation. The bill says to them, take martial law first, _then_
+deliberate. And when they have done all that this measure requires them
+to do other conditions and contingencies over which they have no control
+yet remain to be fulfilled before they can be relieved from martial law.
+Another Congress must first approve the Constitution made in conformity
+with the will of this Congress and must declare these States entitled to
+representation in both Houses. The whole question thus remains open and
+unsettled and must again occupy the attention of Congress; and in the
+meantime the agitation which now prevails will continue to disturb all
+portions of the people.
+
+The bill also denies the legality of the governments of ten of the
+States which participated in the ratification of the amendment to the
+Federal Constitution abolishing slavery forever within the jurisdiction
+of the United States and practically excludes them from the Union. If
+this assumption of the bill be correct, their concurrence can not be
+considered as having been legally given, and the important fact is made
+to appear that the consent of three-fourths of the States--the requisite
+number--has not been constitutionally obtained to the ratification of
+that amendment, thus leaving the question of slavery where it stood
+before the amendment was officially declared to have become a part of
+the Constitution.
+
+That the measure proposed by this bill does violate the Constitution
+in the particulars mentioned and in many other ways which I forbear
+to enumerate is too clear to admit of the least doubt. It only remains
+to consider whether the injunctions of that instrument ought to be
+obeyed or not. I think they ought to be obeyed, for reasons which I will
+proceed to give as briefly as possible.
+
+In the first place, it is the only system of free government which we
+can hope to have as a nation. When it ceases to be the rule of our
+conduct, we may perhaps take our choice between complete anarchy, a
+consolidated despotism, and a total dissolution of the Union; but
+national liberty regulated by law will have passed beyond our reach.
+
+It is the best frame of government the world ever saw. No other is or
+can be so well adapted to the genius, habits, or wants of the American
+people. Combining the strength of a great empire with unspeakable
+blessings of local self-government, having a central power to defend the
+general interests, and recognizing the authority of the States as the
+guardians of industrial rights, it is "the sheet anchor of our safety
+abroad and our peace at home." It was ordained "to form a more perfect
+union, establish justice, insure domestic tranquillity, promote the
+general welfare, provide for the common defense, and secure the
+blessings of liberty to ourselves and to our posterity." These great
+ends have been attained heretofore, and will be again by faithful
+obedience to it; but they are certain to be lost if we treat with
+disregard its sacred obligations.
+
+It was to punish the gross crime of defying the Constitution and to
+vindicate its supreme authority that we carried on a bloody war of four
+years' duration. Shall we now acknowledge that we sacrificed a million
+of lives and expended billions of treasure to enforce a Constitution
+which is not worthy of respect and preservation?
+
+Those who advocated the right of secession alleged in their own
+justification that we had no regard for law and that their rights of
+property, life, and liberty would not be safe under the Constitution as
+administered by us. If we now verify their assertion, we prove that they
+were in truth and in fact fighting for their liberty, and instead of
+branding their leaders with the dishonoring name of traitors against a
+righteous and legal government we elevate them in history to the rank
+of self-sacrificing patriots, consecrate them to the admiration of the
+world, and place them by the side of Washington, Hampden, and Sidney.
+No; let us leave them to the infamy they deserve, punish them as they
+should be punished, according to law, and take upon ourselves no share
+of the odium which they should bear alone.
+
+It is a part of our public history which can never be forgotten that
+both Houses of Congress, in July, 1861, declared in the form of a solemn
+resolution that the war was and should be carried on for no purpose of
+subjugation, but solely to enforce the Constitution and laws, and that
+when this was yielded by the parties in rebellion the contest should
+cease, with the constitutional rights of the States and of individuals
+unimpaired. This resolution was adopted and sent forth to the world
+unanimously by the Senate and with only two dissenting voices in the
+House. It was accepted by the friends of the Union in the South as well
+as in the North as expressing honestly and truly the object of the war.
+On the faith of it many thousands of persons in both sections gave their
+lives and their fortunes to the cause. To repudiate it now by refusing
+to the States and to the individuals within them the rights which the
+Constitution and laws of the Union would secure to them is a breach of
+our plighted honor for which I can imagine no excuse and to which I
+cannot voluntarily become a party.
+
+The evils which spring from the unsettled state of our Government will
+be acknowledged by all. Commercial intercourse is impeded, capital is in
+constant peril, public securities fluctuate in value, peace itself is
+not secure, and the sense of moral and political duty is impaired. To
+avert these calamities from our country it is imperatively required that
+we should immediately decide upon some course of administration which
+can be steadfastly adhered to. I am thoroughly convinced that any
+settlement or compromise or plan of action which is inconsistent with
+the principles of the Constitution will not only be unavailing, but
+mischievous; that it will but multiply the present evils, instead of
+removing them. The Constitution, in its whole integrity and vigor,
+throughout the length and breadth of the land, is the best of all
+compromises. Besides, our duty does not, in my judgment, leave us a
+choice between that and any other. I believe that it contains the remedy
+that is so much needed, and that if the coordinate branches of the
+Government would unite upon its provisions they would be found broad
+enough and strong enough to sustain in time of peace the nation which
+they bore safely through the ordeal of a protracted civil war. Among the
+most sacred guaranties of that instrument are those which declare that
+"each State shall have at least one Representative," and that "no
+State, without its consent, shall be deprived of its equal suffrage in
+the Senate." Each House is made the "judge of the elections, returns,
+and qualifications of its own members," and may, "with the concurrence
+of two-thirds, expel a member." Thus, as heretofore urged, "in the
+admission of Senators and Representatives from any and all of the
+States there can be no just ground of apprehension that persons who are
+disloyal will be clothed with the powers of legislation, for this could
+not happen when the Constitution and the laws are enforced by a vigilant
+and faithful Congress." "When a Senator or Representative presents his
+certificate of election, he may at once be admitted or rejected; or,
+should there be any question as to his eligibility, his credentials may
+be referred for investigation to the appropriate committee. If admitted
+to a seat, it must be upon evidence satisfactory to the House of which
+he thus becomes a member that he possesses the requisite constitutional
+and legal qualifications. If refused admission as a member for want of
+due allegiance to the Government, and returned to his constituents, they
+are admonished that none but persons loyal to the United States will be
+allowed a voice in the legislative councils of the nation, and the
+political power and moral influence of Congress are thus effectively
+exerted in the interests of loyalty to the Government and fidelity to
+the Union." And is it not far better that the work of restoration should
+be accomplished by simple compliance with the plain requirements of the
+Constitution than by a recourse to measures which in effect destroy the
+States and threaten the subversion of the General Government? All that
+is necessary to settle this simple but important question without
+further agitation or delay is a willingness on the part of all to
+sustain the Constitution and carry its provisions into practical
+operation. If to-morrow either branch of Congress would declare that
+upon the presentation of their credentials members constitutionally
+elected and loyal to the General Government would be admitted to seats
+in Congress, while all others would be excluded and their places remain
+vacant until the selection by the people of loyal and qualified persons,
+and if at the same time assurance were given that this policy would be
+continued until all the States were represented in Congress, it would
+send a thrill of joy throughout the entire land, as indicating the
+inauguration of a system which must speedily bring tranquillity to the
+public mind.
+
+While we are legislating upon subjects which are of great importance to
+the whole people, and which must affect all parts of the country, not
+only during the life of the present generation, but for ages to come, we
+should remember that all men are entitled at least to a hearing in the
+councils which decide upon the destiny of themselves and their children.
+At present ten States are denied representation, and when the Fortieth
+Congress assembles on the 4th day of the present month sixteen States
+will be without a voice in the House of Representatives. This grave
+fact, with the important questions before us, should induce us to pause
+in a course of legislation which, looking solely to the attainment of
+political ends, fails to consider the rights it transgresses, the law
+which it violates, or the institutions which it imperils.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+Whereas exequaturs were heretofore issued to the following-named persons
+at the dates mentioned and for the places specified, recognizing them as
+consular officers, respectively, of the Kingdom of Hanover, of the
+Electorate of Hesse, of the Duchy of Nassau, and of the city of
+Frankfort, and declaring them free to exercise and enjoy functions,
+powers, and privileges under the said exequaturs, viz:
+
+ FOR THE KINGDOM OF HANOVER.
+
+ Julius Frederich, consul at Galveston, Tex., July 28, 1848.
+ Otto Frank, consul at San Francisco, Cal., July 9, 1850.
+ Augustus Reichard, consul at New Orleans, La., January 22, 1853.
+ Kauffmann H. Muller, consul at Savannah, Ga., June 28, 1854.
+ G.C. Baurmeister, consul at Charleston, S.C., April 21, 1856.
+ Adolph Gosling, consul-general at New York, November 7, 1859.
+ G.W. Hennings, vice-consul at New York, July 2, 1860.
+ George Papendiek, consul at Boston, November 3, 1863.
+ Francis A. Hoffmann, consul at Chicago, July 26, 1864.
+ Carl C. Schoettler, consul at Philadelphia, Pa., September 23, 1864.
+ A. Rettberg, consul at Cleveland, Ohio, September 27, 1864.
+ A.C. Wilmaus, consul at Milwaukee, Wis., October 7, 1864.
+ Adolph Meier, consul at St. Louis, Mo., October 7, 1864.
+ Theodor Schwartz, consul at Louisville, Ky., October 12, 1864.
+ Carl F. Adae, consul at Cincinnati, Ohio, October 20, 1864.
+ Werner Dresel, consul at Baltimore, Md., July 25, 1866.
+
+ FOR THE ELECTORATE OF HESSE.
+
+ Theodor Wagner, consul at Galveston, Tex., March 7, 1857.
+ Clamor Friedrich Hagedorn, consul at Philadelphia, February 14, 1862.
+ Werner Dresel, consul at Baltimore, Md., September 26, 1864.
+ Friedrich Kuhne, consul at New York, September 30, 1864.
+ Richard Thiele, consul at New Orleans, La., October 18, 1864.
+ Carl Adae, consul at Cincinnati, Ohio, October 20, 1864.
+ Robert Barth, consul at St. Louis, Mo., April 11, 1865.
+ C.F. Mebius, consul at San Francisco, Cal., May 3, 1865.
+
+ FOR THE DUCHY OF NASSAU.
+
+ Wilhelm A. Kobbe, consul-general for the United States at New York,
+ November 19, 1846.
+ Friedrich Wilhelm Freudenthal, consul for Louisiana at New Orleans,
+ January 22, 1852.
+ Franz Moureau, consul for the western half of Texas at New Braunfels,
+ April 6, 1857.
+ Carl C. Finkler, consul for California at San Francisco, May 21, 1864.
+ Ludwig von Baumbach, consul for Wisconsin, September 27, 1864.
+ Otto Cuntz, consul for Massachusetts at Boston, October 7, 1864.
+ Friedrich Kuhne, consul at New York, September 30, 1864.
+ Carl F. Adae, consul for the State of Ohio, October 20, 1864.
+ Robert Barth, consul for Missouri, April 18, 1865.
+
+
+ FOR THE CITY OF FRANKFORT.
+
+ John H. Harjes, consul at Philadelphia, Pa., September 27, 1864.
+ F.A. Reuss, consul at St. Louis, Mo., September 30, 1864.
+ A.C. Wilmanns, consul for Wisconsin at Milwaukee, October 7, 1864.
+ Francis A. Hoffmann, consul for Chicago, Ill., October 12, 1864.
+ Carl F. Adae, consul for Ohio and Indiana, October 20, 1864.
+ Jacob Julius de Neufville, consul in New York, July 3, 1866.
+
+
+And whereas the said countries, namely, the Kingdom of Hanover, the
+Electorate of Hesse, the Duchy of Nassau, and the city of Frankfort,
+have, in consequence of the late war between Prussia and Austria, been
+united to the Crown of Prussia; and
+
+Whereas His Majesty the King of Prussia has requested of the President
+of the United States that the aforesaid exequaturs may, in consequence
+of the before-recited premises, be revoked:
+
+Now, therefore, these presents do declare that the above-named consular
+officers are no longer recognized, and that the exequaturs heretofore
+granted to them are hereby declared to be absolutely null and void from
+this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand at the city of Washington, this 19th day of
+December, A.D. 1866, and of the Independence of the United States
+of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+_To all whom it may concern_:
+
+An exequatur, bearing date the 22d day of March, 1866, having been
+issued to Gerhard Janssen, recognizing him as consul of Oldenburg for
+New York and declaring him free to exercise and enjoy such functions,
+powers, and privileges as are allowed to consuls by the law of nations
+or by the laws of the United States and existing treaty stipulations
+between the Government of Oldenburg and the United States, and the said
+Janssen having refused to appear in the supreme court of the State of
+New York to answer in a suit there pending against himself and others on
+the plea that he is a consular officer of Oldenburg, thus seeking to use
+his official position to defeat the ends of justice, it is deemed
+advisable that the said Gerhard Janssen should no longer be permitted to
+continue in the exercise of said functions, powers, and privileges.
+
+These are therefore to declare that I no longer recognize the said
+Gerhard Janssen as consul of Oldenburg for New York and will not permit
+him to exercise or enjoy any of the functions, powers, or privileges
+allowed to consuls of that nation; and that I do hereby wholly revoke
+and annul the said exequatur heretofore given and do declare the same
+to be absolutely null and void from this day forward.
+
+In testimony whereof I have caused these letters to be made patent and
+the seal of the United States of America to be hereunto affixed.
+
+[SEAL.]
+
+Given under my hand at Washington, this 26th day of December, A.D. 1866,
+and of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas satisfactory evidence has been received by me from His Imperial
+Majesty the Emperor of France, through the Marquis de Montholon, his
+envoy extraordinary and minister plenipotentiary, that vessels belonging
+to citizens of the United States entering any port of France or of its
+dependencies on or after the 1st day of January, 1867, will not be
+subjected to the payment of higher duties on tonnage than are levied
+upon vessels belonging to citizens of France entering the said ports:
+
+Now, therefore, I, Andrew Johnson, President of the United States
+of America, by virtue of the authority vested in me by an act of
+Congress of the 7th day of January, 1824, entitled "An act concerning
+discriminating duties of tonnage and impost," and by an act in addition
+thereto of the 24th day of May, 1828, do hereby declare and proclaim
+that on and after the said 1st day of January, 1867, so long as vessels
+of the United States shall be admitted to French ports on the terms
+aforesaid, French vessels entering ports of the United States will be
+subject to no higher rates of duty on tonnage than are levied upon
+vessels of the United States in the ports thereof.
+
+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 28th day of December, A.D. 1866,
+and of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas, in virtue of the power conferred by the act of Congress
+approved June 22, 1860, sections 15 and 24 of which act were designed by
+proper provisions to secure the strict neutrality of citizens of the
+United States residing in or visiting the Empires of China and Japan, a
+notification was issued on the 4th of August last by the legation of the
+United States in Japan, through the consulates of the open ports of that
+Empire, requesting American shipmasters not to approach the coasts of
+Suwo and Nagato pending the then contemplated hostilities between the
+Tycoon of Japan and the Daimio of the said Provinces; and
+
+Whereas authentic information having been received by the said legation
+that such hostilities had actually commenced, a regulation in
+furtherance of the aforesaid notification and pursuant to the act
+referred to was issued by the minister resident of the United States in
+Japan forbidding American merchant vessels from stopping or anchoring at
+any port or roadstead in that country except the three opened ports,
+viz, Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or
+forced by stress of weather, as provided by treaty, and giving notice
+that masters of vessels committing a breach of the regulation would
+thereby render themselves liable to prosecution and punishment and also
+to forfeiture of the protection of the United States if the visit to
+such nonopened port or roadstead should either involve a breach of
+treaty or be construed as an act in aid of insurrection or rebellion:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, with a view to prevent acts which might
+injuriously affect the relations existing between the Government of the
+United States and that of Japan, do hereby call public attention to the
+aforesaid notification and regulation, which are hereby sanctioned and
+confirmed.
+
+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 12th day of January, A.D. 1867, and
+of the Independence of the United States the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas by an act of the Congress of the United States of the 24th of
+May, 1828, entitled "An act in addition to an act entitled 'An act
+concerning discriminating duties of tonnage and impost' and to equalize
+the duties on Prussian vessels and their cargoes," it is provided that,
+upon satisfactory evidence being given to the President of the United
+States by the government of any foreign nation that no discriminating
+duties of tonnage or impost are imposed or levied in the ports of the
+said nation upon vessels wholly belonging to citizens of the United
+States or upon the produce, manufactures, or merchandise imported in the
+same from the United States or from any foreign country, the President
+is thereby authorized to issue his proclamation declaring that the
+foreign discriminating duties of tonnage and impost within the United
+States are and shall be suspended and discontinued so far as respects
+the vessels of the said foreign nation and the produce, manufactures, or
+merchandise imported into the United States in the same from the said
+foreign nation or from any other foreign country, the said suspension
+to take effect from the time of such notification being given to the
+President of the United States and to continue so long as the reciprocal
+exemption of vessels belonging to citizens of the United States and
+their cargoes, as aforesaid, shall be continued, and no longer; and
+
+Whereas satisfactory evidence has lately been received by me from
+His Majesty the King of the Hawaiian Islands, through an official
+communication of His Majesty's minister of foreign relations under date
+of the 10th of December, 1866, that no other or higher duties of tonnage
+and impost are imposed or levied in the ports of the Hawaiian Islands
+upon vessels wholly belonging to citizens of the United States and upon
+the produce, manufactures, or merchandise imported in the same from the
+United States and from any foreign country whatever than are levied on
+Hawaiian ships and their cargoes in the same ports under like
+circumstances:
+
+Now, therefore, I, Andrew Johnson, President of the United States of
+America, do hereby declare and proclaim that so much of the several acts
+imposing discriminating duties of tonnage and impost within the United
+States are and shall be suspended and discontinued so far as respects
+the vessels of the Hawaiian Islands and the produce, manufactures,
+and merchandise imported into the United States in the same from the
+dominions of the Hawaiian Islands and from any other foreign country
+whatever, the said suspension to take effect from the said 10th day
+of December and to continue thenceforward so long as the reciprocal
+exemption of the vessels of the United States and the produce,
+manufactures, and merchandise imported into the dominions of the
+Hawaiian Islands in the same, as aforesaid, shall be continued on the
+part of the Government of His Majesty the King of the Hawaiian Islands.
+
+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, the 29th day of January, A.D. 1867, and
+of the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the Congress of the United States did by an act approved on
+the 19th day of April, 1864, authorize the people of the Territory
+of Nebraska to form a constitution and State government and for the
+admission of such State into the Union on an equal footing with the
+original States upon certain conditions in said act specified; and
+
+Whereas said people did adopt a constitution conforming to the
+provisions and conditions of said act and ask admission into the Union;
+and
+
+Whereas the Congress of the United States did on the 8th and 9th days
+of February, 1867, in mode prescribed by the Constitution, pass a
+further act for the admission of the State of Nebraska into the Union,
+in which last-named act it was provided that it should not take effect
+except upon the fundamental condition that within the State of Nebraska
+there should be no denial of the elective franchise or of any other
+right to any person by reason of race or color, excepting Indians not
+taxed, and upon the further fundamental condition that the legislature
+of said State, by a solemn public act, should declare the assent of
+said State to the said fundamental condition and should transmit to
+the President of the United States an authenticated copy of said act
+of the legislature of said State, upon receipt whereof the President,
+by proclamation, should forthwith announce the fact, whereupon said
+fundamental condition should be held as a part of the organic law of
+the State, and thereupon, and without any further proceeding on the
+part of Congress, the admission of said State into the Union should
+be considered as complete; and
+
+Whereas within the time prescribed by said act of Congress of the 8th
+and 9th of February, 1867, the legislature of the State of Nebraska did
+pass an act ratifying the said act of Congress of the 8th and 9th of
+February, 1867, and declaring that the aforenamed provisions of the
+third section of said last-named act of Congress should be a part of
+the organic law of the State of Nebraska; and
+
+Whereas a duly authenticated copy of said act of the legislature of the
+State of Nebraska has been received by me:
+
+Now, therefore, I, Andrew Johnson, President of the United States of
+America, do, in accordance with the provisions of the act of Congress
+last herein named, declare and proclaim the fact that the fundamental
+conditions imposed by Congress on the State of Nebraska to entitle that
+State to admission to the Union have been ratified and accepted and that
+the admission of the said State into the Union is now complete.
+
+In testimony whereof I have hereto set my hand and have caused the seal
+of the United States to be affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 1st day of March, A.D. 1867, and of
+the Independence of the United States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+[Note.--The Fortieth Congress, first session, met March 4, 1867,
+in accordance with the act of January 22, 1867, and on March 30, in
+accordance with the concurrent resolution of March 29, adjourned to
+July 3. The Senate met in special session April 1, in conformity to the
+proclamation of the President of the United States of March 30, and on
+April 20 adjourned without day. The Fortieth Congress, first session,
+again met July 3, and on July 20, in accordance with the concurrent
+resolution of the latter date, adjourned to November 21; again met
+November 21, and on December 2, 1867, in accordance with the concurrent
+resolution of November 26, adjourned without day.]
+
+
+
+
+SPECIAL MESSAGES.
+
+
+MARCH 11, 1867.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 28th of
+July last, a report from the Secretary of State, with accompanying
+documents.[18]
+
+ANDREW JOHNSON.
+
+[Footnote 18: Correspondence since March 4, 1857, touching the claim to
+military service asserted by France and Prussia in reference to persons
+born in those countries, but who have since become citizens of the
+United States.]
+
+
+
+WASHINGTON CITY, _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded this day between the United States and the chiefs and
+headmen of the Kickapoo tribe of Indians.
+
+A letter of the Secretary of the Interior and a copy of a letter of the
+Commissioner of Indian Affairs, explanatory of said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in this city on the 15th instant [ultimo] between the
+United States and the Stockbridge and Munsee tribes of Indians.
+
+A letter of the Secretary of the Interior of the 25th instant [ultimo]
+and a copy of a communication from the Commissioner of Indian Affairs of
+the 19th instant [ultimo], explanatory of the said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded in this city on the 23d instant [ultimo] between the
+United States and the following tribes of Indians, viz: The Senecas,
+the confederated Senecas and Shawnees, the Quapaws, the Ottawas, the
+confederated Peorias, Kaskaskias, Weas and Piankeshaws, and the Miamis.
+
+A letter of the Secretary of the Interior of the 26th instant [ultimo]
+and a copy of a letter of the Commissioner of Indian Affairs of the 25th
+instant [ultimo], explanatory of said treaty, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 2d March, 1866, between the United States and
+the Shawnee tribe of Indians of Kansas.
+
+A letter of the Secretary of the Interior of the 6th instant and a copy
+of a communication from the Commissioner of Indian Affairs of the 2d
+instant, explanatory of the said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 27th instant [ultimo] between the United
+States and the Pottawatomie tribe of Indians.
+
+A letter of the Secretary of the Interior of the 28th instant [ultimo]
+and a copy of a communication from the Commissioner of Indian Affairs of
+the 27th instant [ultimo], explanatory of the said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, D.C., _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon
+a treaty concluded in this city on the 13th instant [ultimo] between the
+United States and the Kansas or Kaw tribe of Indians.
+
+A letter of the Secretary of the Interior of the 25th instant [ultimo]
+and a copy of a communication of the 19th instant [ultimo] from the
+Commissioner of Indian Affairs, explanatory of said treaty, are also
+herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _March 13, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty this day concluded between the United States and the Cherokee
+Nation of Indians, providing for the sale of their lands in Kansas,
+known as the "Cherokee neutral lands."
+
+A letter of the Secretary of the Interior and accompanying copy of a
+letter from the Commissioner of Indian Affairs of this date, in relation
+to the treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 14, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State, in further
+answer to the resolution[19] of the House of Representatives of the 24th
+of January last.
+
+ANDREW JOHNSON.
+
+[Footnote 19: Requesting information "in relation to a removal of the
+Protestant Church or religious assembly meeting at the American embassy
+from the city of Rome by an order of that Government."]
+
+
+
+WASHINGTON, _March 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in further answer to their resolution of the
+31st of January last, a report from the Secretary of State, with
+accompanying documents.[20]
+
+ANDREW JOHNSON.
+
+[Footnote 20: Dispatch from the United States consul at Geneva, with an
+inclosure, refuting charges against his moral character, etc.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their resolution
+of the 18th instant, a report[21] from the Secretary of State, with its
+accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 21: Relating to trials in Canada of citizens of the United
+States for complicity in the Fenian invasion of that country.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 18th instant, a report[22]from the Secretary of State,
+with an accompanying paper.
+
+ANDREW JOHNSON.
+
+[Footnote 22: Relating to the withdrawal of French troops from the
+Mexican Republic.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 15th
+instant, reports[23] from the Secretary of State and the Secretary of
+the Treasury, with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 23: Relating to the fees of consular agents within the
+districts of salaried consuls, etc.]
+
+
+
+WASHINGTON, _March 20, 1867_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 7th
+instant, relative to the arrest, imprisonment, and treatment of American
+citizens in Great Britain or its Provinces, I transmit a report from the
+Secretary of State on the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 21, 1867_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 19th of March, 1867, between the United States
+and the Chippewa tribe of Indians of the Mississippi.
+
+A letter of the Secretary of the Interior and a copy of a letter of Hon.
+Lewis V. Bogy, special commissioner, of the 20th instant, explanatory of
+the said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 30, 1867_.
+
+_To the House of Representatives_:
+
+In giving my approval to the joint resolution providing for the expenses
+of carrying into full effect an act entitled "An act to provide for the
+more efficient government of the rebel States," I am moved to do so for
+the following reason: The seventh section of the act supplementary to
+the act for the more efficient government of the rebel States provides
+that the expenses incurred under or by virtue of that act shall be paid
+out of any moneys in the Treasury not otherwise appropriated. This
+provision is wholly unlimited as to the amount to be expended, whereas
+the resolution now before me limits the appropriation to $500,000. I
+consider this limitation as a very necessary check against unlimited
+expenditure and liabilities. Yielding to that consideration, I feel
+bound to approve this resolution, without modifying in any manner any
+objections heretofore stated against the original and supplemental acts.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 30, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a treaty between the United States and His Majesty the
+Emperor of all the Russias upon the subject of a cession of territory by
+the latter to the former, which treaty was this day signed in this city
+by the plenipotentiaries of the parties.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas objects of interest to the United States require that the Senate
+should be convened at 12 o'clock on Monday, the 1st day of April next,
+to receive and act upon such communications as may be made to it on the
+part of the Executive.
+
+Now, therefore, I, Andrew Johnson, President of the United States, have
+considered it to be my duty to issue this my proclamation, declaring
+that an extraordinary occasion requires the Senate of the United States
+to convene for the transaction of business at the Capitol, in the city
+of Washington, on Monday, the 1st day of April next, at 12 o'clock on
+that day, of which all who shall at that time be entitled to act as
+members of that body are hereby required to take notice.
+
+[SEAL.]
+
+Given under my hand and the seal of the United States, at Washington,
+the 30th day of March, A.D. 1867, and of the Independence of the United
+States of America the ninety-first.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+SPECIAL MESSAGES.
+
+[The following messages were sent to the special session of the Senate.]
+
+
+WASHINGTON, _March 28, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 20th
+instant, a report[24] from the Secretary of State, with accompanying
+documents.
+
+ANDREW JOHNSON.
+
+[Footnote 24: Relating to the exequatur of the consul of the Grand Duchy
+of Oldenburg residing at New York.]
+
+
+
+WASHINGTON, _April 12, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 10th
+instant, calling for information relative to prisoners of war taken by
+belligerents in the Mexican Republic, a report from the Secretary of
+State, with accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 28th of January
+last, requesting certain information in regard to governors,
+secretaries, and judges of Territories, I transmit herewith reports[25]
+from the Secretary of State, the Secretary of the Interior, and the
+Attorney-General.
+
+ANDREW JOHNSON.
+
+[Footnote 25: Relating to the absence of Territorial officers from their
+posts of duty.]
+
+
+
+WASHINGTON, _April 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 13th
+instant, a report[26] from the Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 26: Relating to the absence of Governor Alexander Cumming from
+the Territory of Colorado since his appointment as governor.]
+
+
+
+WASHINGTON, _April 16, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the heads of the several Executive
+Departments, in answer to the resolution of the Senate of the 11th
+instant, requesting "copies of any official opinions which may have been
+given by the Attorney-General, the Solicitor of the Treasury, or by any
+other officer of the Government on the interpretation of the act of
+Congress regulating the tenure of office, and especially with regard to
+appointments by the President during the recess of Congress."
+
+ANDREW JOHNSON.
+
+
+
+[The following messages were sent to the Fortieth Congress, first session.]
+
+
+WASHINGTON, _July 5, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention for commercial reciprocity between the
+United States and His Majesty the King of the Hawaiian Islands, which
+convention was signed by the plenipotentiaries of the parties in the
+city of San Francisco on the 21st day of May last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 5, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a convention between the United States
+and the Republic of Venezuela for the adjustment of claims of citizens
+of the United States on the Government of that Republic. The
+ratifications of this convention were exchanged at Caracas on the 10th
+of April last. As its first article stipulates that the commissioners
+shall meet in that city within four months from that date, the
+expediency of passing the usual act for the purpose of carrying the
+convention into effect will, of course, engage the attention of
+Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 6, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a treaty between the United States and
+His Majesty the Emperor of all the Russias, the ratifications of which
+were exchanged in this city on the 20th day of June last.
+
+This instrument provides for a cession of territory to the United States
+in consideration of the payment of $7,200,000 in gold. The attention of
+Congress is invited to the subject of an appropriation for this payment,
+and also to that of proper legislation for the occupation and government
+of the territory as a part of the dominion of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 6, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States, Great Britain,
+France, the Netherlands, and Japan, concluded at Yedo on the 25th of
+June, 1866.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 8, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Attorney-General, additional to
+the reports submitted by him December 31, 1866, and March 2, 1867, in
+reply to a resolution of the House of Representatives of December 10,
+1866, requesting "a list of names of all persons engaged in the late
+rebellion against the United States Government who have been pardoned by
+the President from April 15, 1865, to this date; that said list shall
+also state the rank of each person who has been so pardoned, if he has
+been engaged in the military service of the so-called Confederate
+government, and the position if he shall have held any civil office
+under said so-called Confederate government; and shall also further
+state whether such person has at any time prior to April 14, 1861, held
+any office under the United States Government, and, if so, what office,
+together with the reasons for granting such pardon, and also the names
+of the person or persons at whose solicitation such pardon was granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 9, 1867_.
+
+_To the House of Representatives_
+
+In compliance with the resolution of the House of Representatives of the
+5th of July, requesting the President "to inform the House what States
+have ratified the amendment to the Constitution of the United States
+proposed by concurrent resolution of the two Houses of Congress, June
+16, 1866," I transmit a report from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with so much of the resolution of the House of
+Representatives of the 8th instant as requests information in regard to
+certain agreements said to have been entered into between the United
+States, European and West Virginia Land and Mining Company and certain
+reputed agents of the Republic of Mexico, I transmit a report from the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 11, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+3d instant, requesting me to transmit all the official correspondence
+between the Department of State and the Hon. Lewis D. Campbell, late
+minister to Mexico, and also that with his successor, I communicate a
+report from the Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 12, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 8th instant,
+requesting me to transmit "all the official correspondence between the
+Department of State and the Hon. Lewis D. Campbell, late minister
+of the United States to the Republic of Mexico, from the time of his
+appointment, also the correspondence of the Department with his
+successor," I communicate herewith a report on the subject from the
+Secretary of State, from which it appears that the correspondence
+called for by the Senate has already been communicated to the House
+of Representatives.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 15, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the Secretary of War and the
+Attorney-General, containing the information called for by the
+resolution of the Senate of the 3d instant, requesting the President "to
+communicate to the Senate copies of all orders, instructions, circular
+letters, or letters of advice issued to the respective military officers
+assigned to the command of the several military districts under the act
+passed March 2, 1867, entitled 'An act to provide for the more efficient
+government of the rebel States,' and the act supplementary thereto,
+passed March 23, 1867; also copies of all opinions given to him by the
+Attorney-General of the United States touching the construction and
+interpretation of said acts, and of all correspondence relating to the
+operation, construction, or execution of said acts that may have taken
+place between himself and any of said commanders, or between him and the
+General of the Army, or between the latter and any of said commanders,
+touching the same subjects; also copies of all orders issued by any of
+said commanders in carrying out the provisions of said acts or either of
+them; also that he inform the Senate what progress has been made in the
+matter of registration under said acts, and whether the sum of money
+heretofore appropriated for carrying them out is probably sufficient."
+
+In answer to that portion of the resolution which inquires whether the
+sum of money heretofore appropriated for carrying these acts into effect
+is probably sufficient, reference is made to the accompanying report
+of the Secretary of War. It will be seen from that report that the
+appropriation of $500,000 made in the act approved March 30, 1867, for
+the purpose of carrying into effect the "Act to provide for the more
+efficient government of the rebel States," passed March 2, 1867, and the
+act supplementary thereto, passed March 23, 1867, has already been
+expended by the commanders of the several military districts, and that,
+in addition, the sum of $1,648,277 is required for present purposes.
+
+It is exceedingly difficult at the present time to estimate the probable
+expense of carrying into full effect the two acts of March last and the
+bill which passed the two Houses of Congress on the 13th instant. If the
+existing governments of ten States of the Union are to be deposed and
+their entire machinery is to be placed under the exclusive control and
+authority of the respective district commanders, all the expenditures
+incident to the administration of such governments must necessarily be
+incurred by the Federal Government. It is believed that, in addition to
+the $2,100,000 already expended or estimated for, the sum which would
+be required for this purpose would not be less than $14,000,000--the
+aggregate amount expended prior to the rebellion in the administration
+of their respective governments by the ten States embraced in the
+provisions of these acts. This sum would no doubt be considerably
+augmented if the machinery of these States is to be operated by the
+Federal Government, and would be largely increased if the United States,
+by abolishing the existing State governments, should become responsible
+for liabilities incurred by them before the rebellion in laudable
+efforts to develop their resources, and in no wise created for
+insurrectionary or revolutionary purposes. The debts of these States,
+thus legitimately incurred, when accurately ascertained will, it is
+believed, approximate $100,000,000; and they are held not only by our
+own citizens, among whom are residents of portions of the country which
+have ever remained loyal to the Union, but by persons who are the
+subjects of foreign governments. It is worthy the consideration of
+Congress and the country whether, if the Federal Government by its
+action were to assume such obligations, so large an addition to our
+public expenditures would not seriously impair the credit of the nation,
+or, on the other hand, whether the refusal of Congress to guarantee
+the payment of the debts of these States, after having displaced or
+abolished their State governments, would not be viewed as a violation of
+good faith and a repudiation by the national legislature of liabilities
+which these States had justly and legally incurred.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1867_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 8th instant,
+requesting me to furnish to that body copies of any correspondence on
+the files of the Department of State relating to any recent events in
+Mexico, I communicate a report from the Secretary of State, with the
+papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with that part of the resolution of the House of
+Representatives of the 8th instant which requests me to transmit to
+the House of Representatives any official correspondence or other
+information relating to the capture and execution of Maximilian and
+the arrest and reported execution of Santa Anna in Mexico, I inclose
+herewith a report from the Secretary of State, from which it appears
+that the correspondence called for by the House of Representatives has
+already been communicated to the Senate of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1867_.
+
+_To the House of Representatives_:
+
+I have received a resolution adopted by the House of Representatives
+on the 8th instant, inquiring "whether the publication which appeared
+in the National Intelligencer and other public prints on the 21st of
+June last, and which contained a statement of the proceedings of the
+President and Cabinet in respect to an interpretation of the acts of
+Congress commonly known as the reconstruction acts, was made by the
+authority of the President or with his knowledge and consent," and
+"whether the full and complete record or minute of all the proceedings,
+conclusions, and determinations of the President and Cabinet relating to
+said acts of Congress and their interpretation is embraced or given in
+said publication," and also requesting that "a true copy of the full
+and complete record or minute of such proceedings, conclusions, and
+determinations in regard to the interpretation of said reconstruction
+acts" be furnished to the House.
+
+In compliance with the request of the House of Representatives, I have
+to state that the publication to which the resolution refers was made
+by proper authority, and that it comprises the proceedings in Cabinet
+relating to the acts of Congress mentioned in the inquiry, upon which,
+after taking the opinions of the heads of the several Executive
+Departments of the Government, I had announced my own conclusions. Other
+questions arising from these acts have been under consideration, upon
+which, however, no final conclusion has been reached. No publication in
+reference to them has, therefore, been authorized by me; but should it
+at any time be deemed proper and advantageous to the interests of the
+country to make public those or any other proceedings of the Cabinet,
+authority for their promulgation will be given by the President.
+
+A correct copy of the record of the proceedings, published in the
+National Intelligencer and other newspapers on the 21st ultimo, is
+herewith transmitted, together with a copy of the instructions based
+upon the conclusions of the President and Cabinet and sent to the
+commanders of the several military districts created by act of Congress
+of March 2, 1867.
+
+ANDREW JOHNSON.
+
+
+ IN CABINET, _June 18, 1867_.
+
+ Present: The President, the Secretary of State, the Secretary of
+ the Treasury, the Secretary of War, the Secretary of the Navy, the
+ Postmaster-General, the Attorney-General, the Acting Secretary of
+ the Interior.
+
+ The President announced that he had under consideration the two opinions
+ from the Attorney-General as to the legal questions arising upon the
+ acts of Congress commonly known as the reconstruction acts, and that in
+ view of the great magnitude of the subject and of the various interests
+ involved he deemed it proper to have it considered fully in the Cabinet
+ and to avail himself of all the light which could be afforded by the
+ opinions and advice of the members of the Cabinet, to enable him to see
+ that these laws be faithfully executed and to decide what orders and
+ instructions are necessary and expedient to be given to the military
+ commanders.
+
+ The President said further that the branch of the subject that seemed to
+ him first in order for consideration was as to the instructions to be
+ sent to the military commanders for their guidance and for the guidance
+ of persons offering for registration. The instructions proposed by the
+ Attorney-General, as set forth in the summary contained in his last
+ opinion, will therefore be now considered.
+
+ The summary was then read at length.
+
+ The reading of the summary having been concluded, each section was then
+ considered, discussed, and voted upon as follows:
+
+ 1. The oath prescribed in the supplemental act defines all the
+ qualifications required, and every person who can take that oath is
+ entitled to have his name entered upon the list of voters.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 2. The board of registration have no authority to administer any other
+ oath to the person applying for registration than this prescribed
+ oath, nor to administer any oath to any other person touching the
+ qualifications of the applicant or the falsity of the oath so taken
+ by him.
+
+ No provision is made for challenging the qualifications of the applicant
+ or entering upon any trial or investigation of his qualifications,
+ either by witnesses or any other form of proof.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 3. As to citizenship and residence:
+
+ The applicant for registration must be a citizen of the State and of the
+ United States, and must be a resident of a county or parish included in
+ the election district. He may be registered if he has been such citizen
+ for a period less than twelve months at the time he applies for
+ registration, but he can not vote at any election unless his citizenship
+ has then extended to the full term of one year. As to such a person, the
+ exact length of his citizenship should be noted opposite his name on the
+ list, so that it may appear on the day of election, upon reference to
+ the list, whether the full term has then been accomplished.
+
+ Concurred in unanimously.
+
+ 4. An unnaturalized person can not take this oath, but an alien who has
+ been naturalized can take it, and no other proof of naturalization can
+ be required from him.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 5. No one who is not 21 years of age at the time of registration can
+ take the oath, for he must swear that he has then attained that age.
+
+ Concurred in unanimously.
+
+ 6. No one who has been disfranchised for participation in any rebellion
+ against the United States or for felony committed against the laws of
+ any State or of the United States can take this oath.
+
+ The actual participation in a rebellion or the actual commission of a
+ felony does not amount to disfranchisement. The sort of disfranchisement
+ here meant is that which is declared by law passed by competent
+ authority, or which has been fixed upon the criminal by the sentence of
+ the court which tried him for the crime.
+
+ No law of the United States has declared the penalty of disfranchisement
+ for participation in rebellion alone; nor is it known that any such law
+ exists in either of these ten States, except, perhaps, Virginia, as to
+ which State special instructions will be given.
+
+ All vote "aye" except the Secretary of War, who dissents as to the
+ second and third paragraphs.
+
+ 7. As to disfranchisement arising from having held office followed by
+ participation in rebellion:
+
+ This is the most important part of the oath, and requires strict
+ attention to arrive at its meaning. The applicant must swear or affirm
+ as follows:
+
+ "That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in an
+ insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive or
+ judicial officer of any State, to support the Constitution of the United
+ States, and afterwards engaged in insurrection or rebellion against the
+ United States or given aid or comfort to the enemies thereof."
+
+ Two elements must concur in order to disqualify a person under these
+ clauses: First, the office and official oath to support the Constitution
+ of the United States; second, engaging afterwards in rebellion. Both
+ must exist to work disqualification, and must happen in the order of
+ time mentioned.
+
+ A person who has held an office and taken the oath to support the
+ Federal Constitution and has not afterwards engaged in rebellion is not
+ disqualified. So, too, a person who has engaged in rebellion, but has
+ not theretofore held an office and taken that oath, is not disqualified.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 8. Officers of the United States:
+
+ As to these the language is without limitation. The person who has at
+ any time prior to the rebellion held any office, civil or military,
+ under the United States, and has taken an official oath to support the
+ Constitution of the United States, is subject to disqualification.
+
+ Concurred in unanimously.
+
+ 9. Militia officers of any State prior to the rebellion are not subject
+ to disqualification.
+
+ All vote "aye" except the Secretary of War, who votes "nay."
+
+ 10. Municipal officers--that is to say, officers of incorporated cities,
+ towns, and villages, such as mayors, aldermen, town council, police, and
+ other city or town officers--are not subject to disqualification.
+
+ Concurred in unanimously.
+
+ 11. Persons who have prior to the rebellion been members of the Congress
+ of the United States or members of a State legislature are subject to
+ disqualification, but those who have been members of conventions framing
+ or amending the constitution of a State prior to the rebellion are not
+ subject to disqualification.
+
+ Concurred in unanimously.
+
+ 12. All the executive or judicial officers of any State who took an
+ oath to support the Constitution of the United States are subject
+ to disqualification, including county officers. They are subject to
+ disqualification if they were required to take as a part of their
+ official oath the oath to support the Constitution of the United States.
+
+ Concurred in unanimously.
+
+ 13. Persons who exercised mere employments under State authority are
+ not disqualified; such as commissioners to lay out roads, commissioners
+ of public works, visitors of State institutions, directors of State
+ institutions, examiners of banks, notaries public, commissioners to
+ take acknowledgments of deeds.
+
+ Concurred in unanimously; but the Secretary of State, the Secretary of
+ the Treasury, and the Secretary of War express the opinion that lawyers
+ are such officers as are disqualified if they participated in the
+ rebellion. Two things must exist as to any person to disqualify him from
+ voting: First, the office held prior to the rebellion, and, afterwards,
+ participation in the rebellion.
+
+ 14. An act to fix upon a person the offense of engaging in rebellion
+ under this law must be an overt and voluntary act, done with the intent
+ of aiding or furthering the common unlawful purpose. A person forced
+ into the rebel service by conscription or under a paramount authority
+ which he could not safely disobey, and who would not have entered such
+ service if left to the free exercise of his own will, can not be held
+ to be disqualified from voting.
+
+ All vote "aye" except the Secretary of War, who votes "nay" as the
+ proposition is stated.
+
+ 15. Mere acts of charity, where the intent is to relieve the wants of
+ the object of such charity, and not done in aid of the cause in which he
+ may have been engaged, do not disqualify; but organized contributions
+ of food and clothing for the general relief of persons engaged in the
+ rebellion, and not of a merely sanitary character, but contributed to
+ enable them to perform their unlawful object, maybe classed with acts
+ which do disqualify. Forced contributions to the rebel cause in the form
+ of taxes or military assessments, which a person was compelled to pay or
+ contribute, do not disqualify; but voluntary contributions to the rebel
+ cause, even such indirect contributions as arise from the voluntary loan
+ of money to the rebel authorities or purchase of bonds or securities
+ created to afford the means of carrying on the rebellion, will work
+ disqualification.
+
+ Concurred in unanimously.
+
+ 16. All those who in legislative or other official capacity were engaged
+ in the furtherance of the common unlawful purpose, where the duties of
+ the office necessarily had relation to the support of the rebellion,
+ such as members of the rebel conventions, congresses, and legislatures,
+ diplomatic agents of the rebel Confederacy, and other officials whose
+ offices were created for the purpose of more effectually carrying on
+ hostilities or whose duties appertained to the support of the rebel
+ cause, must be held to be disqualified; but officers who during the
+ rebellion discharged official duties not incident to war, but only such
+ duties as belong even to a state of peace and were necessary to the
+ preservation of order and the administration of law, are not to be
+ considered as thereby engaging in rebellion or as disqualified. Disloyal
+ sentiments, opinions, or sympathies would not disqualify, but where a
+ person has by speech or writing incited others to engage in rebellion he
+ must come under the disqualification.
+
+ All vote "aye" except the Secretary of War, who dissents to the second
+ paragraph, with the exception of the words "where a person has by speech
+ or by writing incited others to engage in rebellion he must come under
+ the disqualification."
+
+ 17. The duties of the board appointed to superintend the elections.
+
+ This board, having the custody of the list of registered voters in the
+ district for which it is constituted, must see that the name of the
+ person offering to vote is found upon the registration list, and if such
+ proves to be the fact it is the duty of the board to receive his vote if
+ then qualified by residence. They can not receive the vote of any person
+ whose name is not upon the list, though he may be ready to take the
+ registration oath, and although he may satisfy them that he was unable
+ to have his name registered at the proper time, in consequence of
+ absence, sickness, or other cause.
+
+ The board can not enter into any inquiry as to the qualifications of
+ any person whose name is not on the registration list, or as to the
+ qualifications of any person whose name is on that list..
+
+ Concurred in unanimously.
+
+ 18. The mode of voting is provided in the act to be by ballot. The board
+ will keep a record and poll book of the election, showing the votes,
+ list of voters, and the persons elected by a plurality of the votes cast
+ at the election, and make returns of these to the commanding general of
+ the district.
+
+ Concurred in unanimously.
+
+ 19. The board appointed for registration and for superintending the
+ elections must take the oath prescribed by the act of Congress approved
+ July 2, 1862, entitled "An act to prescribe an oath of office."
+
+ Concurred in unanimously.
+
+
+ IN CABINET, _June 20, 1867_.
+
+ Present: The same Cabinet officers as on the 18th, except the Acting
+ Secretary of the Interior.
+
+ The President announced to the Cabinet that after full deliberation he
+ concurred with the majority upon the sections of the summary upon which
+ the Secretary of War expressed his dissent, and that he concurred with
+ the Cabinet upon those sections approved by unanimous vote; that as it
+ appeared the military commanders entertained doubts upon the points
+ covered by the summary, and as their action hitherto had not been
+ uniform, he deemed it proper, without further delay, to communicate in
+ a general order[27] to the respective commanders the points set forth
+ in the summary.
+
+
+[Footnote 27: See Executive order of June 20, 1867, pp. 552-556.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, _March 23, 1867_.
+
+_To the House of Representatives_:
+
+I have considered the bill entitled "An act supplementary to an act
+entitled 'An act to provide for the more efficient government of the
+rebel States,' passed March 2, 1867, and to facilitate restoration,"
+and now return it to the House of Representatives with my objections.
+
+This bill provides for elections in the ten States brought under the
+operation of the original act to which it is supplementary. Its details
+are principally directed to the elections for the formation of the State
+constitutions, but by the sixth section of the bill "all elections"
+in these States occurring while the original act remains in force are
+brought within its purview. Referring to these details, it will be found
+that, first of all, there is to be a registration of the voters. No one
+whose name has not been admitted on the list is to be allowed to vote at
+any of these elections. To ascertain who is entitled to registration,
+reference is made necessary, by the express language of the supplement,
+to the original act and to the pending bill. The fifth section of the
+original act provides, as to voters, that they shall be "male citizens
+of the State, 21 years old and upward, of whatever race, color, or
+previous condition, who have been residents of said State for one
+year." This is the general qualification, followed, however, by many
+exceptions. No one can be registered, according to the original act,
+"who may be disfranchised for participation in the rebellion"--a
+provision which left undetermined the question as to what amounted to
+disfranchisement, and whether without a judicial sentence the act
+itself produced that effect. This supplemental bill superadds an oath,
+to be taken by every person before his name can be admitted upon the
+registration, that he has "not been disfranchised for participation in
+any rebellion or civil war against the United States." It thus imposes
+upon every person the necessity and responsibility of deciding for
+himself, under the peril of punishment by a military commission if
+he makes a mistake, what works disfranchisement by participation in
+rebellion and what amounts to such participation. Almost every man--the
+negro as well as the white--above 21 years of age who was resident in
+these ten States during the rebellion, voluntarily or involuntarily, at
+some time and in some way did participate in resistance to the lawful
+authority of the General Government. The question with the citizen to
+whom this oath is to be proposed must be a fearful one, for while the
+bill does not declare that perjury may be assigned for such false
+swearing nor fix any penalty for the offense, we must not forget that
+martial law prevails; that every person is answerable to a military
+commission, without previous presentment by a grand jury, for any charge
+that may be made against him, and that the supreme authority of the
+military commander determines the question as to what is an offense
+and what is to be the measure of punishment.
+
+The fourth section of the bill provides "that the commanding general of
+each district shall appoint as many boards of registration as may be
+necessary, consisting of three loyal officers or persons." The only
+qualification stated for these officers is that they must be "loyal."
+They may be persons in the military service or civilians, residents of
+the State or strangers. Yet these persons are to exercise most important
+duties and are vested with unlimited discretion. They are to decide what
+names shall be placed upon the register and from their decision there is
+to be no appeal. They are to superintend the elections and to decide all
+questions which may arise. They are to have the custody of the ballots
+and to make return of the persons elected. Whatever frauds or errors
+they may commit must pass without redress. All that is left for the
+commanding general is to receive the returns of the elections, open the
+same, and ascertain who are chosen "according to the returns of the
+officers who conducted said elections." By such means and with this
+sort of agency are the conventions of delegates to be constituted.
+
+As the delegates are to speak for the people, common justice would seem
+to require that they should have authority from the people themselves.
+No convention so constituted will in any sense represent the wishes of
+the inhabitants of these States, for under the all-embracing exceptions
+of these laws, by a construction which the uncertainty of the clause as
+to disfranchisement leaves open to the board of officers, the great body
+of the people may be excluded from the polls and from all opportunity of
+expressing their own wishes or voting for delegates who will faithfully
+reflect their sentiments.
+
+I do not deem it necessary further to investigate the details of this
+bill. No consideration could induce me to give my approval to such an
+election law for any purpose, and especially for the great purpose of
+framing the constitution of a State. If ever the American citizen should
+be left to the free exercise of his own judgment it is when he is
+engaged in the work of forming the fundamental law under which he is to
+live. That work is his work, and it can not properly be taken out of his
+hands. All this legislation proceeds upon the contrary assumption that
+the people of each of these States shall have no constitution except
+such as may be arbitrarily dictated by Congress and formed under the
+restraint of military rule. A plain statement of facts makes this
+evident.
+
+In all these States there are existing constitutions, framed in the
+accustomed way by the people. Congress, however, declares that these
+constitutions are not "loyal and republican," and requires the people to
+form them anew. What, then, in the opinion of Congress, is necessary to
+make the constitution of a State "loyal and republican"? The original
+act answers the question: It is universal negro suffrage--a question
+which the Federal Constitution leaves exclusively to the States
+themselves. All this legislative machinery of martial law, military
+coercion, and political disfranchisement is avowedly for that purpose
+and none other. The existing constitutions of the ten States conform to
+the acknowledged standards of loyalty and republicanism. Indeed, if
+there are degrees in republican forms of government, their constitutions
+are more republican now than when these States, four of which were
+members of the original thirteen, first became members of the Union.
+
+Congress does not now demand that a single provision of their
+constitutions be changed except such as confine suffrage to the white
+population. It is apparent, therefore, that these provisions do not
+conform to the standard of republicanism which Congress seeks to
+establish. That there may be no mistake, it is only necessary that
+reference should be made to the original act, which declares "such
+constitution shall provide that the elective franchise shall be enjoyed
+by all such persons as have the qualifications herein stated for
+electors of delegates." What class of persons is here meant clearly
+appears in the same section; that is to say, "the male citizens of said
+State 21 years old and upward, of whatever race, color, or previous
+condition, who have been resident in said State for one year previous
+to the day of such election."
+
+Without these provisions no constitution which can be framed in any one
+of the ten States will be of any avail with Congress. This, then, is the
+test of what the constitution of a State of this Union must contain to
+make it republican. Measured by such a standard, how few of the States
+now composing the Union have republican constitutions! If in the
+exercise of the constitutional guaranty that Congress shall secure to
+every State a republican form of government universal suffrage for
+blacks as well as whites is a _sine qua non_, the work of reconstruction
+may as well begin in Ohio as in Virginia, in Pennsylvania as in North
+Carolina.
+
+When I contemplate the millions of our fellow-citizens of the South
+with no alternative left but to impose upon themselves this fearful
+and untried experiment of complete negro enfranchisement--and white
+disfranchisement, it may be, almost as complete--or submit indefinitely
+to the rigor of martial law, without a single attribute of freemen,
+deprived of all the sacred guaranties of our Federal Constitution, and
+threatened with even worse wrongs, if any worse are possible, it seems
+to me their condition is the most deplorable to which any people can be
+reduced. It is true that they have been engaged in rebellion and that
+their object being a separation of the States and a dissolution of the
+Union there was an obligation resting upon every loyal citizen to treat
+them as enemies and to wage war against their cause.
+
+Inflexibly opposed to any movement imperiling the integrity of the
+Government, I did not hesitate to urge the adoption of all measures
+necessary for the suppression of the insurrection. After a long and
+terrible struggle the efforts of the Government were triumphantly
+successful, and the people of the South, submitting to the stern
+arbitrament, yielded forever the issues of the contest. Hostilities
+terminated soon after it became my duty to assume the responsibilities
+of the chief executive officer of the Republic, and I at once endeavored
+to repress and control the passions which our civil strife had
+engendered, and, no longer regarding these erring millions as enemies,
+again acknowledged them as our friends and our countrymen. The war had
+accomplished its objects. The nation was saved and that seminal
+principle of mischief which from the birth of the Government had
+gradually but inevitably brought on the rebellion was totally
+eradicated. Then, it seemed to me, was the auspicious time to commence
+the work of reconciliation; then, when these people sought once more our
+friendship and protection, I considered it our duty generously to meet
+them in the spirit of charity and forgiveness and to conquer them even
+more effectually by the magnanimity of the nation than by the force of
+its arms. I yet believe that if the policy of reconciliation then
+inaugurated, and which contemplated an early restoration of these people
+to all their political rights, had received the support of Congress,
+every one of these ten States and all their people would at this moment
+be fast anchored in the Union and the great work which gave the war all
+its sanction and made it just and holy would have been accomplished.
+Then over all the vast and fruitful regions of the South peace and its
+blessings would have prevailed, while now millions are deprived of
+rights guaranteed by the Constitution to every citizen and after nearly
+two years of legislation find themselves placed under an absolute
+military despotism. "A military republic, a government founded on mock
+elections and supported only by the sword," was nearly a quarter of a
+century since pronounced by Daniel Webster, when speaking of the South
+American States, as "a movement, indeed, but a retrograde and disastrous
+movement, from the regular and old-fashioned monarchical systems;" and
+he added:
+
+ If men would enjoy the blessings of republican government, they must
+ govern themselves by reason, by mutual counsel and consultation, by a
+ sense and feeling of general interest, and by the acquiescence of the
+ minority in the will of the majority, properly expressed; and, above
+ all, the military must be kept, according to the language of our bill of
+ rights, in strict subordination to the civil authority. Wherever this
+ lesson is not both learned and practiced there can be no political
+ freedom. Absurd, preposterous is it, a scoff and a satire on free forms
+ of constitutional liberty, for frames of government to be prescribed by
+ military leaders and the right of suffrage to be exercised at the point
+ of the sword.
+
+I confidently believe that a time will come when these States will again
+occupy their true positions in the Union. The barriers which now seem so
+obstinate must yield to the force of an enlightened and just public
+opinion, and sooner or later unconstitutional and oppressive legislation
+will be effaced from our statute books. When this shall have been
+consummated, I pray God that the errors of the past may be forgotten and
+that once more we shall be a happy, united, and prosperous people, and
+that at last, after the bitter and eventful experience through which the
+nation has passed, we shall all come to know that our only safety is in
+the preservation of our Federal Constitution and in according to every
+American citizen and to every State the rights which that Constitution
+secures.
+
+ANDREW JOHNSON.
+
+
+WASHINGTON, D.C., _April 10, 1867_.[28]
+
+The first session of the Fortieth Congress adjourned on the 30th day
+of March, 1867. This bill,[29] which was passed during that session,
+was not presented for my approval by the Hon. Edmund G. Ross, of the
+Senate of the United States, and a member of the Committee on Enrolled
+Bills, until Monday, the 1st day of April, 1867, two days after the
+adjournment. It is not believed that the approval of any bill after
+the adjournment of Congress, whether presented before or after such
+adjournment, is authorized by the Constitution of the United States,
+that instrument expressly declaring that no bill shall become a law the
+return of which may have been prevented by the adjournment of Congress.
+To concede that under the Constitution the President, after the
+adjournment of Congress, may, without limitation in respect to time,
+exercise the power of approval, and thus determine at his discretion
+whether or not bills shall become laws, might subject the executive and
+legislative departments of the Government to influences most pernicious
+to correct legislation and sound public morals, and--with a single
+exception, occurring during the prevalence of civil war--would be
+contrary to the established practice of the Government from its
+inauguration to the present time. This bill will therefore be filed
+in the office of the Secretary of State without my approval.
+
+ANDREW JOHNSON.
+
+[Footnote 28: Pocket veto. Was never sent to Congress, but was deposited
+in the Department of State.]
+
+[Footnote 29: Joint resolution placing certain troops of Missouri on an
+equal footing with others as to bounties.]
+
+
+
+WASHINGTON, D.C., _July 19, 1867_.
+
+_To the House of Representatives of the United States_:
+
+I return herewith the bill entitled "An act supplementary to an act
+entitled 'An act to provide for the more efficient government of the
+rebel States,' passed on the 2d day of March, 1867, and the act
+supplementary thereto, passed, on the 23d day of March, 1867," and will
+state as briefly as possible some of the reasons which prevent me from
+giving it my approval.
+
+This is one of a series of measures passed by Congress during the last
+four months on the subject of reconstruction. The message returning the
+act of the 2d of March last states at length my objections to the
+passage of that measure. They apply equally well to the bill now before
+me, and I am content merely to refer to them and to reiterate my
+conviction that they are sound and unanswerable.
+
+There are some points peculiar to this bill, which I will proceed at
+once to consider.
+
+The first section purports to declare "the true intent and meaning,"
+in some particulars, of the two prior acts upon this subject.
+
+It is declared that the intent of those acts was, first, that the
+existing governments in the ten "rebel States" "were not legal State
+governments," and, second, "that thereafter said governments, if
+continued, were to be continued subject in all respects to the military
+commanders of the respective districts and to the paramount authority
+of Congress."
+
+Congress may by a declaratory act fix upon a prior act a
+construction altogether at variance with its apparent meaning, and
+from the time, at least, when such a construction is fixed the original
+act will be construed to mean exactly what it is stated to mean by the
+declaratory statute. There will be, then, from the time this bill may
+become a law no doubt, no question, as to the relation in which the
+"existing governments" in those States, called in the original act "the
+provisional governments," stand toward the military authority. As those
+relations stood before the declaratory act, these "governments," it is
+true, were made subject to absolute military authority in many important
+respects, but not in all, the language of the act being "subject to the
+military authority of the United States, as hereinafter prescribed."
+By the sixth section of the original act these governments were made
+"in all respects subject to the paramount authority of the United
+States."
+
+Now by this declaratory act it appears that Congress did not by the
+original act intend to limit the military authority to any particulars
+or subjects therein "prescribed," but meant to make it universal. Thus
+over all of these ten States this military government is now declared to
+have unlimited authority. It is no longer confined to the preservation
+of the public peace, the administration of criminal law, the
+registration of voters, and the superintendence of elections, but
+"in all respects" is asserted to be paramount to the existing civil
+governments.
+
+It is impossible to conceive any state of society more intolerable than
+this; and yet it is to this condition that 12,000,000 American citizens
+are reduced by the Congress of the United States. Over every foot of the
+immense territory occupied by these American citizens the Constitution
+of the United States is theoretically in full operation. It binds all
+the people there and should protect them; yet they are denied every
+one of its sacred guaranties.
+
+Of what avail will it be to any one of these Southern people when
+seized by a file of soldiers to ask for the cause of arrest or for the
+production of the warrant? Of what avail to ask for the privilege of
+bail when in military custody, which knows no such thing as bail? Of
+what avail to demand a trial by jury, process for witnesses, a copy of
+the indictment, the privilege of counselor that greater privilege, the
+writ of _habeas corpus_?
+
+The veto of the original bill of the 2d of March was based on two
+distinct grounds--the interference of Congress in matters strictly
+appertaining to the reserved powers of the States and the establishment
+of military tribunals for the trial of citizens in time of peace.
+The impartial reader of that message will understand that all that
+it contains with respect to military despotism and martial law has
+reference especially to the fearful power conferred on the district
+commanders to displace the criminal courts and assume jurisdiction to
+try and to punish by military boards; that, potentially, the suspension
+of the _habeas corpus_ was martial law and military despotism. The act
+now before me not only declares that the intent was to confer such
+military authority, but also to confer unlimited military authority over
+all the other courts of the State and over all the officers of the
+State--legislative, executive, and judicial. Not content with the
+general grant of power, Congress, in the second section of this bill,
+specifically gives to each military commander the power "to suspend or
+remove from office, or from the performance of official duties and
+the exercise of official powers, any officer or person holding or
+exercising, or professing to hold or exercise, any civil or military
+office or duty in such district under any power, election, appointment,
+or authority derived from, or granted by, or claimed under any so-called
+State, or the government thereof, or any municipal or other division
+thereof."
+
+A power that hitherto all the departments of the Federal Government,
+acting in concert or separately, have not dared to exercise is here
+attempted to be conferred on a subordinate military officer. To him,
+as a military officer of the Federal Government, is given the power,
+supported by "a sufficient military force," to remove every civil
+officer of the State. What next? The district commander, who has thus
+displaced the civil officer, is authorized to fill the vacancy by the
+detail of an officer or soldier of the Army, or by the appointment of
+"some other person."
+
+This military appointee, whether an officer, a soldier, or "some
+other person," is to perform "the duties of such officer or person so
+suspended or removed." In other words, an officer or soldier of the Army
+is thus transformed into a civil officer. He may be made a governor,
+a legislator, or a judge. However unfit he may deem himself for such
+civil duties, he must obey the order. The officer of the Army must, if
+"detailed," go upon the supreme bench of the State with the same prompt
+obedience as if he were detailed to go upon a court-martial. The
+soldier, if detailed to act as a justice of the peace, must obey as
+quickly as if he were detailed for picket duty.
+
+What is the character of such a military civil officer? This bill
+declares that he shall perform the duties of the civil office to which
+he is detailed. It is clear, however, that he does not lose his position
+in the military service. He is still an officer or soldier of the Army;
+he is still subject to the rules and regulations which govern it, and
+must yield due deference, respect, and obedience toward his superiors.
+
+The clear intent of this section is that the officer or soldier
+detailed to fill a civil office must execute its duties according to the
+laws of the State. If he is appointed a governor of a State, he is to
+execute the duties as provided by the laws of that State, and for the
+time being his military character is to be suspended in his new civil
+capacity. If he is appointed a State treasurer, he must at once assume
+the custody and disbursement of the funds of the State, and must perform
+those duties precisely according to the laws of the State, for he is
+intrusted with no other official duty or other official power. Holding
+the office of treasurer and intrusted with funds, it happens that he is
+required by the State laws to enter into bond with security and to take
+an oath of office; yet from the beginning of the bill to the end there
+is no provision for any bond or oath of office, or for any single
+qualification required under the State law, such as residence,
+citizenship, or anything else. The only oath is that provided for in the
+ninth section, by the terms of which everyone detailed or appointed to
+any civil office in the State is required "to take and to subscribe the
+oath of office prescribed by law for officers of the United States."
+Thus an officer of the Army of the United States detailed to fill a
+civil office in one of these States gives no official bond and takes
+no official oath for the performance of his new duties, but as a civil
+officer of the State only takes the same oath which he had already taken
+as a military officer of the United States. He is, at last, a military
+officer performing civil duties, and the authority under which he acts
+is Federal authority only; and the inevitable result is that the Federal
+Government, by the agency of its own sworn officers, in effect assumes
+the civil government of the State.
+
+A singular contradiction is apparent here. Congress declares these local
+State governments to be illegal governments, and then provides that
+these illegal governments shall be carried on by Federal officers, who
+are to perform the very duties imposed on its own officers by this
+illegal State authority. It certainly would be a novel spectacle if
+Congress should attempt to carry on a _legal_ State government by the
+agency of its own officers. It is yet more strange that Congress
+attempts to sustain and carry on an _illegal_ State government by the
+same Federal agency.
+
+In this connection I must call attention to the tenth and eleventh
+sections of the bill, which provide that none of the officers or
+appointees of these military commanders "shall be bound in his action by
+any opinion of any civil officer of the United States," and that all the
+provisions of the act "shall be construed liberally, to the end that all
+the intents thereof may be fully and perfectly carried out."
+
+It seems Congress supposed that this bill might require construction,
+and they fix, therefore, the rule to be applied. But where is the
+construction to come from? Certainly no one can be more in want of
+instruction than a soldier or an officer of the Army detailed for a
+civil service, perhaps the most important in a State, with the duties of
+which he is altogether unfamiliar. This bill says he shall not be bound
+in his action by the opinion of any civil officer of the United States.
+The duties of the office are altogether civil, but when he asks for an
+opinion he can only ask the opinion of another military officer, who,
+perhaps, understands as little of his duties as he does himself; and as
+to his "action," he is answerable to the military authority, and to the
+military authority alone. Strictly, no opinion of any civil officer
+other than a judge has a binding force.
+
+But these military appointees would not be bound even by a judicial
+opinion. They might very well say, even when their action is in conflict
+with the Supreme Court of the United States, "That court is composed of
+civil officers of the United States, and we are not bound to conform our
+action to any opinion of any such authority."
+
+This bill and the acts to which it is supplementary are all founded upon
+the assumption that these ten communities are not States and that their
+existing governments are not legal. Throughout the legislation upon this
+subject they are called "rebel States," and in this particular bill they
+are denominated "so-called States," and the vice of illegality is
+declared to pervade all of them. The obligations of consistency bind a
+legislative body as well as the individuals who compose it. It is now
+too late to say that these ten political communities are not States of
+this Union. Declarations to the contrary made in these three acts are
+contradicted again and again by repeated acts of legislation enacted by
+Congress from the year 1861 to the year 1867.
+
+During that period, while these States were in actual rebellion, and
+after that rebellion was brought to a close, they have been again and
+again recognized as States of the Union. Representation has been
+apportioned to them as States. They have been divided into judicial
+districts for the holding of district and circuit courts of the United
+States, as States of the Union only can be districted. The last act on
+this subject was passed July 23, 1866, by which every one of these ten
+States was arranged into districts and circuits.
+
+They have been called upon by Congress to act through their legislatures
+upon at least two amendments to the Constitution of the United States.
+As States they have ratified one amendment, which required the vote
+of twenty-seven States of the thirty-six then composing the Union.
+When the requisite twenty-seven votes were given in favor of that
+amendment--seven of which votes were given by seven of these ten
+States--it was proclaimed to be a part of the Constitution of the United
+States, and slavery was declared no longer to exist within the United
+States or any place subject to their jurisdiction. If these seven States
+were not legal States of the Union, it follows as an inevitable
+consequence that in some of the States slavery yet exists. It does not
+exist in these seven States, for they have abolished it also in their
+State constitutions; but Kentucky not having done so, it would still
+remain in that State. But, in truth, if this assumption that these
+States have no legal State governments be true, then the abolition of
+slavery by these illegal governments binds no one, for Congress now
+denies to these States the power to abolish slavery by denying to them
+the power to elect a legal State legislature, or to frame a constitution
+for any purpose, even for such a purpose as the abolition of slavery.
+
+As to the other constitutional amendment, having reference to suffrage,
+it happens that these States have not accepted it. The consequence is
+that it has never been proclaimed or understood, even by Congress, to be
+a part of the Constitution of the United States. The Senate of the
+United States has repeatedly given its sanction to the appointment of
+judges, district attorneys, and marshals for every one of these States;
+yet, if they are not legal States, not one of these judges is authorized
+to hold a court. So, too, both Houses of Congress have passed
+appropriation bills to pay all these judges, attorneys, and officers of
+the United States for exercising their functions in these States. Again,
+in the machinery of the internal-revenue laws all these States are
+districted, not as "Territories," but as "States."
+
+So much for continuous legislative recognition. The instances cited,
+however, fall far short of all that might be enumerated. Executive
+recognition, as is well known, has been frequent and unwavering. The
+same maybe said as to judicial recognition through the Supreme Court of
+the United States. That august tribunal, from first to last, in the
+administration of its duties _in banc_ and upon the circuit, has never
+failed to recognize these ten communities as legal States of the Union.
+The cases depending in that court upon appeal and writ of error from
+these States when the rebellion began have not been dismissed upon any
+idea of the cessation of jurisdiction. They were carefully continued
+from term to term until the rebellion was entirely subdued and peace
+reestablished, and then they were called for argument and consideration
+as if no insurrection had intervened. New cases, occurring since the
+rebellion, have come from these States before that court by writ of
+error and appeal, and even by original suit, where only "a State" can
+bring such a suit. These cases are entertained by that tribunal in the
+exercise of its acknowledged jurisdiction, which could not attach to
+them if they had come from any political body other than a State of the
+Union. Finally, in the allotment of their circuits made by the judges at
+the December term, 1865, every one of these States is put on the same
+footing of legality with all the other States of the Union. Virginia
+and North Carolina, being a part of the fourth circuit, are allotted to
+the Chief Justice. South Carolina, Georgia, Alabama, Mississippi, and
+Florida constitute the fifth circuit, and are allotted to the late Mr.
+Justice Wayne. Louisiana, Arkansas, and Texas are allotted to the sixth
+judicial circuit, as to which there is a vacancy on the bench.
+
+The Chief Justice, in the exercise of his circuit duties, has recently
+held a circuit court in the State of North Carolina. If North Carolina
+is not a State of this Union, the Chief Justice had no authority to hold
+a court there, and every order, judgment, and decree rendered by him in
+that court were _coram non judice_ and void.
+
+Another ground on which these reconstruction acts are attempted to be
+sustained is this: That these ten States are conquered territory; that
+the constitutional relation in which they stood as States toward the
+Federal Government prior to the rebellion has given place to a new
+relation; that their territory is a conquered country and their citizens
+a conquered people, and that in this new relation Congress can govern
+them by military power.
+
+A title by conquest stands on clear ground; it is a new title acquired
+by war; it applies only to territory; for goods or movable things
+regularly captured in war are called "booty," or, if taken by individual
+soldiers, "plunder."
+
+There is not a foot of the land in any one of these ten States which
+the United States holds by conquest, save only such land as did not
+belong to either of these States or to any individual owner. I mean such
+lands as did belong to the pretended government called the Confederate
+States. These lands we may claim to hold by conquest. As to all other
+land or territory, whether belonging to the States or to individuals,
+the Federal Government has now no more title or right to it than
+it had before the rebellion. Our own forts, arsenals, navy-yards,
+custom-houses, and other Federal property situate in those States we
+now hold, not by the title of conquest, but by our old title, acquired
+by purchase or condemnation for public use, with compensation to
+former owners. We have not conquered these places, but have simply
+"repossessed" them.
+
+If we require more sites for forts, custom-houses, or other public use,
+we must acquire the title to them by purchase or appropriation in the
+regular mode. At this moment the United States, in the acquisition of
+sites for national cemeteries in these States, acquires title in the
+same way. The Federal courts sit in court-houses owned or leased by the
+United States, not in the court-houses of the States. The United States
+pays each of these States for the use of its jails. Finally, the United
+States levies its direct taxes and its internal revenue upon the
+property in these States, including the productions of the lands within
+their territorial limits, not by way of levy and contribution in the
+character of a conqueror, but in the regular way of taxation, under the
+same laws which apply to all the other States of the Union.
+
+From first to last, during the rebellion and since, the title of each of
+these States to the lands and public buildings owned by them has never
+been disturbed, and not a foot of it has ever been acquired by the
+United States, even under a title by confiscation, and not a foot of
+it has ever been taxed under Federal law.
+
+In conclusion I must respectfully ask the attention of Congress to the
+consideration of one more question arising under this bill. It vests in
+the military commander, subject only to the approval of the General of
+the Army of the United States, an unlimited power to remove from office
+any civil or military officer in each of these ten States, and the
+further power, subject to the same approval, to detail or appoint any
+military officer or soldier of the United States to perform the duties
+of the officer so removed, and to fill all vacancies occurring in those
+States by death, resignation, or otherwise.
+
+The military appointee thus required to perform the duties of a
+civil office according to the laws of the State, and, as such, required
+to take an oath, is for the time being a civil officer. What is his
+character? Is he a civil officer of the State or a civil officer of the
+United States? If he is a civil officer of the State, where is the
+Federal power under our Constitution which authorizes his appointment by
+any Federal officer? If, however, he is to be considered a civil officer
+of the United States, as his appointment and oath would seem to
+indicate, where is the authority for his appointment vested by the
+Constitution? The power of appointment of all officers of the United
+States, civil or military, where not provided for in the Constitution,
+is vested in the President, by and with the advice and consent of the
+Senate, with this exception, that Congress "may by law vest the
+appointment of such inferior officers as they think proper in the
+President alone, in the courts of law, or in the heads of Departments."
+But this bill, if these are to be considered inferior officers within
+the meaning of the Constitution, does not provide for their appointment
+by the President alone, or by the courts of law, or by the heads of
+Departments, but vests the appointment in one subordinate executive
+officer, subject to the approval of another subordinate executive
+officer. So that, if we put this question and fix the character of this
+military appointee either way, this provision of the bill is equally
+opposed to the Constitution.
+
+Take the case of a soldier or officer appointed to perform the office
+of judge in one of these States, and, as such, to administer the
+proper laws of the State. Where is the authority to be found in the
+Constitution for vesting in a military or an executive officer strict
+judicial functions to be exercised under State law? It has been again
+and again decided by the Supreme Court of the United States that acts
+of Congress which have attempted to vest _executive_ powers in the
+_judicial_ courts or judges of the United States are not warranted by
+the Constitution. If Congress can not clothe _a judge_ with merely
+_executive_ duties, how can they clothe _an officer_ or _soldier_ of the
+Army with _judicial_ duties over citizens of the United States who are
+not in the military or naval service? So, too, it has been repeatedly
+decided that Congress can not require a State officer, executive or
+judicial, to perform any duty enjoined upon him by a law of the United
+States. How, then, can Congress confer power upon an executive officer
+of the United States to perform such duties in a State? If Congress
+could not vest in a judge of one of these States any judicial authority
+under the United States by direct enactment, how can it accomplish the
+same thing indirectly, by removing the State judge and putting an
+officer of the United States in his place?
+
+To me these considerations are conclusive of the unconstitutionality
+of this part of the bill now before me, and I earnestly commend their
+consideration to the deliberate judgment of Congress.
+
+Within a period less than a year the legislation of Congress has
+attempted to strip the executive department of the Government of some
+of its essential powers. The Constitution and the oath provided in it
+devolve upon the President the power and duty to see that the laws are
+faithfully executed. The Constitution, in order to carry out this power,
+gives him the choice of the agents, and makes them subject to his
+control and supervision. But in the execution of these laws the
+constitutional obligation upon the President remains, but the power
+to exercise that constitutional duty is effectually taken away. The
+military commander is as to the power of appointment made to take the
+place of the President, and the General of the Army the place of the
+Senate; and any attempt on the part of the President to assert his own
+constitutional power may, under pretense of law, be met by official
+insubordination. It is to be feared that these military officers,
+looking to the authority given by these laws rather than to the letter
+of the Constitution, will recognize no authority but the commander of
+the district and the General of the Army.
+
+If there were no other objection than this to this proposed legislation,
+it would be sufficient. Whilst I hold the chief executive authority of
+the United States, whilst the obligation rests upon me to see that all
+the laws are faithfully executed, I can never willingly surrender that
+trust or the powers given for its execution. I can never give my assent
+to be made responsible for the faithful execution of laws, and at the
+same time surrender that trust and the powers which accompany it to any
+other executive officer, high or low, or to any number of executive
+officers. If this executive trust, vested by the Constitution in the
+President, is to be taken from him and vested in a subordinate officer,
+the responsibility will be with Congress in clothing the subordinate
+with unconstitutional power and with the officer who assumes its
+exercise.
+
+This interference with the constitutional authority of the executive
+department is an evil that will inevitably sap the foundations of our
+federal system; but it is not the worst evil of this legislation. It is
+a great public wrong to take from the President powers conferred on him
+alone by the Constitution, but the wrong is more flagrant and more
+dangerous when the powers so taken from the President are conferred upon
+subordinate executive officers, and especially upon military officers.
+Over nearly one-third of the States of the Union military power,
+regulated by no fixed law, rules supreme. Each one of the five district
+commanders, though not chosen by the people or responsible to them,
+exercises at this hour more executive power, military and civil, than
+the people have ever been willing to confer upon the head of the
+executive department, though chosen by and responsible to themselves.
+The remedy must come from the people themselves. They know what it is
+and how it is to be applied. At the present time they can not, according
+to the forms of the Constitution, repeal these laws; they can not remove
+or control this military despotism. The remedy is, nevertheless, in
+their hands; it is to be found in the ballot, and is a sure one if
+not controlled by fraud, overawed by arbitrary power, or, from apathy
+on their part, too long delayed. With abiding confidence in their
+patriotism, wisdom, and integrity, I am still hopeful of the future, and
+that in the end the rod of despotism will be broken, the armed heel of
+power lifted from the necks of the people, and the principles of a
+violated Constitution preserved.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 19, 1867_.
+
+_To the House of Representatives_:
+
+For reasons heretofore stated in my several veto messages to Congress
+upon the subject of reconstruction, I return without my approval the
+"Joint resolution to carry into effect the several acts providing for
+the more efficient government of the rebel States," and appropriating
+for that purpose the sum of $1,000,000.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+A PROCLAMATION.
+
+Whereas by the Constitution of the United States the executive power is
+vested in a President of the United States of America, who is bound by
+solemn oath faithfully to execute the office of President and to the
+best of his ability to preserve, protect, and defend the Constitution of
+the United States, and is by the same instrument made Commander in Chief
+of the Army and Navy of the United States and is required to take care
+that the laws be faithfully executed; and
+
+Whereas by the same Constitution it is provided that the said
+Constitution and the laws of the United States which shall be made in
+pursuance thereof shall be the supreme law of the land, and the judges
+in every State shall be bound thereby; and
+
+Whereas in and by the same Constitution the judicial power of the United
+States is vested in one Supreme Court and in such inferior courts as
+Congress may from time to time ordain and establish, and the aforesaid
+judicial power is declared to extend to all cases in law and equity
+arising under the Constitution, the laws of the United States, and the
+treaties which shall be made under their authority; and
+
+Whereas all officers, civil and military, are bound by oath that they
+will support and defend the Constitution against all enemies, foreign
+and domestic, and will bear true faith and allegiance to the same; and
+
+Whereas all officers of the Army and Navy of the United States, in
+accepting their commissions under the laws of Congress and the Rules and
+Articles of War, incur an obligation to observe, obey, and follow such
+directions as they shall from time to time receive from the President or
+the General or other superior officers set over them according to the
+rules and discipline of war; and
+
+Whereas it is provided by law that whenever, by reason of unlawful
+obstructions, combinations, or assemblages of persons or rebellion
+against the authority of the Government of the United States, it shall
+become impracticable, in the judgment of the President of the United
+States, to enforce by the ordinary course of judicial proceedings the
+laws of the United States within any State or Territory, the Executive
+in that case is authorized and required to secure their faithful
+execution by the employment of the land and naval forces; and
+
+Whereas impediments and obstructions, serious in their character, have
+recently been interposed in the States of North Carolina and South
+Carolina, hindering and preventing for a time a proper enforcement there
+of the laws of the United States and of the judgments and decrees of a
+lawful court thereof, in disregard of the command of the President of
+the United States; and
+
+Whereas reasonable and well-founded apprehensions exist that such
+ill-advised and unlawful proceedings may be again attempted there or
+elsewhere:
+
+Now, therefore, I, Andrew Johnson, President of the United States, do
+hereby warn all persons against obstructing or hindering in any manner
+whatsoever the faithful execution of the Constitution and the laws; and
+I do solemnly enjoin and command all officers of the Government, civil
+and military, to render due submission and obedience to said laws and to
+the judgments and decrees of the courts of the United States, and to
+give all the aid in their power necessary to the prompt enforcement and
+execution of such laws, decrees, judgments, and processes.
+
+And I do hereby enjoin upon the officers of the Army and Navy to assist
+and sustain the courts and other civil authorities of the United States
+in a faithful administration of the laws thereof and in the judgments,
+decrees, mandates, and processes of the courts of the United States; and
+I call upon all good and well-disposed citizens of the United States
+to remember that upon the said Constitution and laws, and upon the
+judgments, decrees, and processes of the courts made in accordance with
+the same, depend the protection of the lives, liberty, property, and
+happiness of the people. And I exhort them everywhere to testify their
+devotion to their country, their pride in its prosperity and greatness,
+and their determination to uphold its free institutions by a hearty
+cooperation in the efforts of the Government to sustain the authority of
+the law, to maintain the supremacy of the Federal Constitution, and to
+preserve unimpaired the integrity of the National Union.
+
+In testimony whereof I have caused the seal of the United States to be
+affixed to these presents and sign the same with my hand.
+
+[SEAL.]
+
+Done at the city of Washington, the 3d day of September, in the year
+1867.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas in the month of July, A.D. 1861, the two Houses of Congress,
+with extraordinary unanimity, solemnly declared that the war then
+existing was not waged on the part of the Government in any spirit of
+oppression nor for any purpose of conquest or subjugation, nor purpose
+of overthrowing or interfering with the rights or established
+institutions of the States, but to defend and maintain the supremacy
+of the Constitution and to preserve the Union, with all the dignity,
+equality, and rights of the several States unimpaired, and that as soon
+as these objects should be accomplished the war ought to cease; and
+
+Whereas the President of the United States, on the 8th day of December,
+A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the
+objects of suppressing the then existing rebellion, of inducing all
+persons to return to their loyalty, and of restoring the authority of
+the United States, issue proclamations offering amnesty and pardon to
+all persons who had, directly or indirectly, participated in the then
+existing rebellion, except as in those proclamations was specified and
+reserved; and
+
+Whereas the President of the United States did on the 29th day of May,
+A.D. 1865, issue a further proclamation, with the same objects before
+mentioned, and to the end that the authority of the Government of the
+United States might be restored and that peace, order, and freedom might
+be established, and the President did by the said last-mentioned
+proclamation proclaim and declare that he thereby granted to all persons
+who had, directly or indirectly, participated in the then existing
+rebellion, except as therein excepted, amnesty and pardon, with
+restoration of all rights of property, except as to slaves, and except
+in certain cases where legal proceedings had been instituted, but upon
+condition that such persons should take and subscribe an oath therein
+prescribed, which oath should be registered for permanent preservation;
+and
+
+Whereas in and by the said last-mentioned proclamation of the 29th
+day of May, A.D. 1865, fourteen extensive classes of persons therein
+specially described were altogether excepted and excluded from the
+benefits thereof; and
+
+Whereas the President of the United States did, on the 2d day of April,
+A.D. 1866, issue a proclamation declaring that the insurrection was at
+an end and was thenceforth to be so regarded; and
+
+Whereas there now exists no organized armed resistance of misguided
+citizens or others to the authority of the United States in the
+States of Georgia, South Carolina, Virginia, North Carolina, Tennessee,
+Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the
+laws can be sustained and enforced therein by the proper civil
+authority, State or Federal, and the people of said States are well and
+loyally disposed, and have conformed, or, if permitted to do so, will
+conform in their legislation to the condition of affairs growing out
+of the amendment to the Constitution of the United States prohibiting
+slavery within the limits and jurisdiction of the United States; and
+
+Whereas there no longer exists any reasonable ground to apprehend within
+the States which were involved in the late rebellion any renewal thereof
+or any unlawful resistance by the people of said States to the
+Constitution and laws of the United States; and
+
+Whereas large standing armies, military occupation, martial law,
+military tribunals, and the suspension of the privilege of the writ of
+_habeas corpus_ and the right of trial by jury are in time of peace
+dangerous to public liberty, incompatible with the individual rights of
+the citizen, contrary to the genius and spirit of our free institutions,
+and exhaustive of the national resources, and ought not, therefore,
+to be sanctioned or allowed except in cases of actual necessity for
+repelling invasion or suppressing insurrection or rebellion; and
+
+Whereas a retaliatory or vindictive policy, attended by unnecessary
+disqualifications, pains, penalties, confiscations, and disfranchisements,
+now, as always, could only tend to hinder reconciliation among the people
+and national restoration, while it must seriously embarrass, obstruct,
+and repress popular energies and national industry and enterprise; and
+
+Whereas for these reasons it is now deemed essential to the public
+welfare and to the more perfect restoration of constitutional law and
+order that the said last-mentioned proclamation so as aforesaid issued
+on the 29th day of May, A.D. 1865, should be modified, and that the full
+and beneficent pardon conceded thereby should be opened and further
+extended to a large number of the persons who by its aforesaid
+exceptions have been hitherto excluded from Executive clemency:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby proclaim and declare that the full pardon
+described in the said proclamation of the 29th day of May, A.D. 1865,
+shall henceforth be opened and extended to all persons who, directly or
+indirectly, participated in the late rebellion, with the restoration
+of all privileges, immunities, and rights of property, except as to
+property with regard to slaves, and except in cases of legal proceedings
+under the laws of the United States; but upon this condition,
+nevertheless, that every such person who shall seek to avail himself of
+this proclamation shall take and subscribe the following oath and shall
+cause the same to be registered for permanent preservation in the same
+manner and with the same effect as with the oath prescribed in the said
+proclamation of the 29th day of May, 1865, namely:
+
+ I, ---- ----, do solemnly swear (or affirm), in presence of Almighty
+ God, that I will henceforth faithfully support, protect, and defend
+ the Constitution of the United States and the Union of the States
+ thereunder, and that I will in like manner abide by and faithfully
+ support all laws and proclamations which have been made during the late
+ rebellion with reference to the emancipation of slaves. So help me God.
+
+
+The following persons, and no others, are excluded from the benefits of
+this proclamation and of the said proclamation of the 29th day of May,
+1865, namely:
+
+First. The chief or pretended chief executive officers, including the
+President, the Vice-President, and all heads of departments of the
+pretended Confederate or rebel government, and all who were agents
+thereof in foreign states and countries, and all who held or pretended
+to hold in the service of the said pretended Confederate government a
+military rank or title above the grade of brigadier-general or naval
+rank or title above that of captain, and all who were or pretended to be
+governors of States while maintaining, aiding, abetting, or submitting
+to and acquiescing in the rebellion.
+
+Second. All persons who in any way treated otherwise than as lawful
+prisoners of war persons who in any capacity were employed or engaged in
+the military or naval service of the United States.
+
+Third. All persons who at the time they may seek to obtain the benefits
+of this proclamation are actually in civil, military, or naval
+confinement or custody, or legally held to bail, either before or after
+conviction, and all persons who were engaged, directly or indirectly, in
+the assassination of the late President of the United States or in any
+plot or conspiracy in any manner therewith connected.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 7th day of September, A.D. 1867, and
+of the Independence of the United States of America the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas it has been ascertained that in the nineteenth paragraph of
+the proclamation of the President of the United States of the 20th of
+August, 1866, declaring the insurrection at an end which had theretofore
+existed in the State of Texas, the previous proclamation of the 13th of
+June, 1865, instead of that of the 2d day of April, 1866, was referred
+to:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, do hereby declare and proclaim that the said words
+"13th of June, 1865," are to be regarded as erroneous in the paragraph
+adverted to, and that the words "2d day of April, 1866," are to be
+considered as substituted therefor.
+
+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 7th day of October, A.D. 1867, and
+of the Independence of the United States of America the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+In conformity with a recent custom that may now be regarded as
+established on national consent and approval, I, Andrew Johnson,
+President of the United States, do hereby recommend to my
+fellow-citizens that Thursday, the 28th day of November next, be set
+apart and observed throughout the Republic as a day of national
+thanksgiving and praise to the Almighty Ruler of Nations, with whom are
+dominion and fear, who maketh peace in His high places.
+
+Resting and refraining from secular labors on that day, let us
+reverently and devoutly give thanks to our Heavenly Father for the
+mercies and blessings with which He has crowned the now closing year.
+Especially let us remember that He has covered our land through all
+its extent with greatly needed and very abundant harvests; that He has
+caused industry to prosper, not only in our fields, but also in our
+workshops, in our mines, and in our forests. He has permitted us to
+multiply ships upon our lakes and rivers and upon the high seas, and at
+the same time to extend our iron roads so far into the secluded places
+of the continent as to guarantee speedy overland intercourse between
+the two oceans. He has inclined our hearts to turn away from domestic
+contentions and commotions consequent upon a distracting and desolating
+civil war, and to walk more and more in the ancient ways of loyalty,
+conciliation, and brotherly love. He has blessed the peaceful efforts
+with which we have established new and important commercial treaties
+with foreign nations, while we have at the same time strengthened our
+national defenses and greatly enlarged our national borders.
+
+While thus rendering the unanimous and heartfelt tribute of national
+praise and thanksgiving which is so justly due to Almighty God, let us
+not fail to implore Him that the same divine protection and care which
+we have hitherto so undeservedly and yet so constantly enjoyed may be
+continued to our country and our people throughout all their generations
+forever.
+
+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 26th day of October, A.D. 1867, and
+of the Independence of the United States the ninety-second.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+GENERAL ORDERS, No. 10.
+
+HEADQUARTERS OF THE ARMY,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, March 11, 1867_.
+
+ * * * * *
+
+II. In pursuance of the act of Congress entitled "An act to provide for
+the more efficient government of the rebel States," the President
+directs the following assignments to be made:
+
+First District, State of Virginia, to be commanded by Brevet
+Major-General J.M. Schofield. Headquarters, Richmond, Va.
+
+Second District, consisting of North Carolina and South Carolina, to be
+commanded by Major-General D.E. Sickles. Headquarters, Columbia, S.C.
+
+Third District, consisting of the States of Georgia, Florida, and
+Alabama, to be commanded by Major-General G.H. Thomas. Headquarters,
+Montgomery, Ala.
+
+Fourth District, consisting of the States of Mississippi and Arkansas,
+to be commanded by Brevet Major-General E.O.C. Ord. Headquarters,
+Vicksburg, Miss.
+
+Fifth District, consisting of the States of Louisiana and Texas, to be
+commanded by Major-General P.H. Sheridan. Headquarters, New Orleans, La.
+
+The powers of departmental commanders are hereby delegated to the
+above-named district commanders.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 18.
+
+HEADQUARTERS OF THE ARMY,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, March 15, 1867_.
+
+The President directs that the following change be made, at the request
+of Major-General Thomas, in the assignment announced in General Orders,
+No. 10, of March 11, 1867, of commanders of districts, under the act of
+Congress entitled "An act to provide for the more efficient government
+of the rebel States," and of the Department of the Cumberland, created
+in General Orders, No. 14, of March 12, 1867:
+
+Brevet Major-General John Pope to command the Third District, consisting
+of the States of Georgia, Florida, and Alabama; and Major-General George
+H. Thomas to command the Department of the Cumberland
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+ ADJUTANT-GENERAL'S OFFICE,
+ _Washington, June 20, 1867_.
+
+Whereas several commanders of military districts created by the acts of
+Congress known as the reconstruction acts have expressed doubts as to
+the proper construction thereof and in respect to some of their powers
+and duties under said acts, and have applied to the Executive for
+information in relation thereto; and
+
+Whereas the said acts of Congress have been referred to the
+Attorney-General for his opinion thereon, and the said acts and the
+opinion of the Attorney-General have been fully and carefully considered
+by the President in conference with the heads of the respective
+Departments:
+
+The President accepts the following as a practical interpretation of the
+aforesaid acts of Congress on the points therein presented, and directs
+the same to be transmitted to the respective military commanders for
+their information, in order that there may be uniformity in the
+execution of said acts:
+
+1. The oath prescribed in the supplemental act defines all the
+qualifications required, and every person who can take that oath is
+entitled to have his name entered upon the list of voters.
+
+2. The board of registration have no authority to administer any other
+oath to the person applying for registration than this prescribed oath,
+nor to administer an oath to any other person touching the
+qualifications of the applicant or the falsity of the oath so taken by
+him. The act, to guard against falsity in the oath, provides that if
+false the person taking it shall be tried and punished for perjury.
+
+No provision is made for challenging the qualifications of the applicant
+or entering upon any trial or investigation of his qualifications,
+either by witnesses or any other form of proof.
+
+3. _As to citizenship and residence_:
+
+The applicant for registration must be a citizen of the State and of the
+United States, and must be a resident of a county or parish included in
+the election district. He may be registered if he has been such citizen
+for a period less than twelve months at the time he applies for
+registration, but he can not vote at any election unless his citizenship
+has _then_ extended to the full term of one year. As to such a person,
+the exact length of his citizenship should be noted opposite his name on
+the list, so that it may appear on the day of election, upon reference
+to the list, whether the full term has then been accomplished.
+
+4. An unnaturalized person can not take this oath, but an alien who has
+been naturalized can take it, and no other proof of naturalization can
+be required from him.
+
+5. No one who is not 21 years of age at the time of registration can
+take the oath, for he must swear that he has then attained that age.
+
+6. No one who has been disfranchised for participation in any rebellion
+against the United States or for felony committed against the laws of
+any State or of the United States can take this oath.
+
+The actual participation in a rebellion or the actual commission of a
+felony does not amount to disfranchisement. The sort of disfranchisement
+here meant is that which is declared by law passed by competent
+authority, or which has been fixed upon the criminal by the sentence of
+the court which tried him for the crime.
+
+No law of the United States has declared the penalty of disfranchisement
+for participation in rebellion alone; nor is it known that any such law
+exists in either of these ten States, except, perhaps, Virginia, as to
+which State special instructions will be given.
+
+7. _As to disfranchisement arising from having held office followed by
+participation in rebellion_:
+
+This is the most important part of the oath, and requires strict
+attention to arrive at its meaning. The applicant must swear or affirm
+as follows:
+
+ That I have never been a member of any State legislature, nor held any
+ executive or judicial office in any State, and afterwards engaged in
+ an insurrection or rebellion against the United States or given aid or
+ comfort to the enemies thereof; that I have never taken an oath as a
+ member of Congress of the United States, or as an officer of the United
+ States, or as a member of any State legislature, or as an executive
+ or judicial officer of any State, to support the Constitution of the
+ United States, and afterwards engaged in insurrection or rebellion
+ against the United States or given aid or comfort to the enemies
+ thereof.
+
+
+Two elements must concur in order to disqualify a person under these
+clauses: First, the office and official oath to support the Constitution
+of the United States; second, engaging afterwards in rebellion. Both
+must exist to work disqualification, and must happen in the order of
+time mentioned.
+
+A person who has held an office and taken the oath to support the
+Federal Constitution and has not afterwards engaged in rebellion is not
+disqualified. So, too, a person who has engaged in rebellion, but has
+not theretofore held an office and taken that oath, is not disqualified.
+
+8. _Officers of the United States_:
+
+As to these the language is without limitation. The person who has at
+any time prior to the rebellion held an office, civil or military, under
+the United States, and has taken an official oath to support the
+Constitution of the United States, is subject to disqualification.
+
+9. _Militia officers_ of any State prior to the rebellion are not
+subject to disqualification.
+
+10. _Municipal officers_--that is to say, officers of incorporated
+cities, towns, and villages, such as mayors, aldermen, town council,
+police, and other city or town officers--are not subject to
+disqualification.
+
+11. Persons who have prior to the rebellion been members of the Congress
+of the United States or members of a State legislature are subject to
+disqualification, but those who have been members of conventions framing
+or amending the Constitution of a State prior to the rebellion are not
+subject to disqualification.
+
+12. All the executive or judicial officers of any State who took an oath
+to support the Constitution of the United States are subject to
+disqualification, including county officers. They are subject to
+disqualification if they were required to take as a part of their
+official oath _the oath to support the Constitution of the United
+States_.
+
+13. Persons who exercised mere employment under State authority are not
+disqualified; such as commissioners to lay out roads, commissioners of
+public works, visitors of State institutions, directors of State
+institutions, examiners of banks, notaries public, and commissioners to
+take acknowledgments of deeds.
+
+
+ENGAGING IN REBELLION.
+
+Having specified what offices held by anyone prior to the rebellion come
+within the meaning of the law, it is necessary next to set forth what
+subsequent conduct fixes upon such person the offense of engaging in
+rebellion. Two things must exist as to any person to disqualify him from
+voting: First, the office held prior to the rebellion, and, afterwards,
+participation in the rebellion.
+
+14. An act to fix upon a person the offense of engaging in the rebellion
+under this law must be an overt and voluntary act, done with the intent
+of aiding or furthering the common unlawful purpose. A person forced
+into the rebel service by conscription or under a paramount authority
+which he could not safely disobey, and who would not have entered such
+service if left to the free exercise of his own will, can not be held
+to be disqualified from voting.
+
+15. Mere acts of charity, where the intent is to relieve the wants of
+the object of such charity, and not done in aid of the cause in which he
+may have been engaged, do not disqualify; but organized contributions
+of food and clothing for the general relief of persons engaged in the
+rebellion, and not of a merely sanitary character, but contributed to
+enable them to perform their unlawful object, may be classed with acts
+which do disqualify.
+
+Forced contributions to the rebel cause in the form of taxes or military
+assessments, which a person was compelled to pay or contribute, do not
+disqualify; but voluntary contributions to the rebel cause, even such
+indirect contributions as arise from the voluntary loan of money to
+rebel authorities or purchase of bonds or securities created to afford
+the means of carrying on the rebellion, will work disqualification.
+
+16. All those who in legislative or other official capacity were engaged
+in the furtherance of the common unlawful purpose, where the duties of
+the office necessarily had relation to the support of the rebellion,
+such as members of the rebel conventions, congresses, and legislatures,
+diplomatic agents of the rebel Confederacy, and other officials whose
+offices were created for the purpose of more effectually carrying on
+hostilities or whose duties appertained to the support of the rebel
+cause, must be held to be disqualified.
+
+But officers who during the rebellion discharged official duties not
+incident to war, but only such duties as belong even to a state of peace
+and were necessary to the preservation of order and the administration
+of law, are not to be considered as thereby engaging in rebellion or as
+disqualified. Disloyal sentiments, opinions, or sympathies would not
+disqualify, but where a person has by speech or by writing incited
+others to engage in rebellion he must come under the disqualification.
+
+17. _The duties of the board appointed to superintend the elections_:
+
+This board, having the custody of the list of registered voters in the
+district for which it is constituted, must see that the name of the
+person offering to vote is found upon the registration list, and if such
+proves to be the fact it is the duty of the board to receive his vote if
+then qualified by residence. They can not receive the vote of any person
+whose name is not upon the list, though he may be ready to take the
+registration oath, and although he may satisfy them that he was unable
+to have his name registered at the proper time, in consequence of
+absence, sickness, or other cause.
+
+The board can not enter into any inquiry as to the qualifications of any
+person whose name is not on the registration list, or as to the
+qualifications of any person whose name is on the list.
+
+18. _The mode of voting_ is provided in the act to be _by ballot_. The
+board will keep a record and poll book of the election, showing the
+votes, list of voters, and the persons elected by a plurality of the
+votes cast at the election, and make returns of these to the commanding
+general of the district.
+
+19. The board appointed for registration and for superintending the
+elections must take the oath prescribed by the act of Congress approved
+July 2, 1862, entitled "An act to prescribe an oath of office."
+
+By order of the President:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, August 12, 1867_,
+
+Hon. EDWIN M. STANTON,
+
+_Secretary of War_.
+
+SIR: By virtue of the power and authority vested in me as President by
+the Constitution and laws of the United States, you are hereby suspended
+from office as Secretary of War, and will cease to exercise any and all
+functions pertaining to the same.
+
+You will at once transfer to General Ulysses S. Grant, who has this day
+been authorized and empowered to act as Secretary of War _ad interim_,
+all records, books, and other property now in your custody and charge.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 12, 1867_.
+
+General ULYSSES S. GRANT,
+
+_Washington, D.C._
+
+SIR: The Hon. Edwin M. Stanton having been this day suspended as
+Secretary of War, you are hereby authorized and empowered to act as
+Secretary of War _ad interim_, and will at once enter upon the discharge
+of the duties of the office.
+
+The Secretary of War has been instructed to transfer to you all the
+records, books, papers, and other public property now in his custody
+and charge.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 17, 1867_.
+
+Major-General George H. Thomas is hereby assigned to the command of the
+Fifth Military District, created by the act of Congress passed on the 2d
+day of March, 1867.
+
+Major-General P.H. Sheridan is hereby assigned to the command of the
+Department of the Missouri.
+
+Major-General Winfield S. Hancock is hereby assigned to the command of
+the Department of the Cumberland.
+
+The Secretary of War _ad interim_ will give the necessary instructions
+to carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 26, 1867_.
+
+General U.S. GRANT,
+
+_Secretary of War ad interim_.
+
+SIR: In consequence of the unfavorable condition of the health of
+Major-General George H. Thomas, as reported to you in Surgeon Hasson's
+dispatch of the 21st instant, my order dated August 17, 1867, is hereby
+modified so as to assign Major-General Winfield S. Hancock to the
+command of the Fifth Military District, created by the act of Congress
+passed March 2, 1867, and of the military department comprising the
+States of Louisiana and Texas. On being relieved from the command
+of the Department of the Missouri by Major-General P. H. Sheridan,
+Major-General Hancock will proceed directly to New Orleans, La.,
+and, assuming the command to which he is hereby assigned, will, when
+necessary to a faithful execution of the laws, exercise any and all
+powers conferred by acts of Congress upon district commanders and any
+and all authority pertaining to officers in command of military
+departments.
+
+Major-General P.H. Sheridan will at once turn over his present command
+to the officer next in rank to himself, and, proceeding without delay
+to Fort Leavenworth, Kans., will relieve Major-General Hancock of the
+command of the Department of the Missouri.
+
+Major-General George H. Thomas will until further orders remain in
+command of the Department of the Cumberland.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., August 26, 1867_.
+
+Brevet Major-General Edward R.S. Canby is hereby assigned to the command
+of the Second Military District, created by the act of Congress of March
+2, 1867, and of the Military Department of the South, embracing the
+States of North Carolina and South Carolina. He will, as soon as
+practicable, relieve Major-General Daniel E. Sickles, and, on assuming
+the command to which he is hereby assigned, will, when necessary to a
+faithful execution of the laws, exercise any and all powers conferred by
+acts of Congress upon district commanders and any and all authority
+pertaining to officers in command of military departments.
+
+Major-General Daniel E. Sickles is hereby relieved from the command of
+the Second Military District.
+
+The Secretary of War _ad interim_ will give the necessary instructions
+to carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., September 4, 1867_.
+
+The heads of the several Executive Departments of the Government are
+instructed to furnish each person holding an appointment in their
+respective Departments with an official copy of the proclamation of the
+President bearing date the 3d instant, with directions strictly to
+observe its requirements for an earnest support of the Constitution of
+the United States and a faithful execution of the laws which have been
+made in pursuance thereof.
+
+ANDREW JOHNSON.
+
+
+[Note.--The Fortieth Congress, second session, met December 2, 1867, in
+conformity to the Constitution of the United States, and on July 27,
+1868, in accordance with the concurrent resolution of July 24, adjourned
+to September 21; again met September 21, and adjourned to October 16;
+again met October 16, and adjourned to November 10; again met November
+10 and adjourned to December 7, 1868; the latter meetings and
+adjournments being in accordance with the concurrent resolution of
+September 21.]
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 3, 1867_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The continued disorganization of the Union, to which the President has
+so often called the attention of Congress, is yet a subject of profound
+and patriotic concern. We may, however, find some relief from that
+anxiety in the reflection that the painful political situation, although
+before untried by ourselves, is not new in the experience of nations.
+Political science, perhaps as highly perfected in our own time and
+country as in any other, has not yet disclosed any means by which civil
+wars can be absolutely prevented. An enlightened nation, however, with a
+wise and beneficent constitution of free government, may diminish their
+frequency and mitigate their severity by directing all its proceedings
+in accordance with its fundamental law.
+
+When a civil war has been brought to a close, it is manifestly the first
+interest and duty of the state to repair the injuries which the war has
+inflicted, and to secure the benefit of the lessons it teaches as fully
+and as speedily as possible. This duty was, upon the termination of the
+rebellion, promptly accepted, not only by the executive department, but
+by the insurrectionary States themselves, and restoration in the first
+moment of peace was believed to be as easy and certain as it was
+indispensable. The expectations, however, then so reasonably and
+confidently entertained were disappointed by legislation from which
+I felt constrained by my obligations to the Constitution to withhold
+my assent.
+
+It is therefore a source of profound regret that in complying with the
+obligation imposed upon the President by the Constitution to give to
+Congress from time to time information of the state of the Union I am
+unable to communicate any definitive adjustment, satisfactory to the
+American people, of the questions which since the close of the rebellion
+have agitated the public mind. On the contrary, candor compels me to
+declare that at this time there is no Union as our fathers understood
+the term, and as they meant it to be understood by us. The Union which
+they established can exist only where all the States are represented in
+both Houses of Congress; where one State is as free as another to
+regulate its internal concerns according to its own will, and where the
+laws of the central Government, strictly confined to matters of national
+jurisdiction, apply with equal force to all the people of every section.
+That such is not the present "state of the Union" is a melancholy fact,
+and we must all acknowledge that the restoration of the States to their
+proper legal relations with the Federal Government and with one another,
+according to the terms of the original compact, would be the greatest
+temporal blessing which God, in His kindest providence, could bestow
+upon this nation. It becomes our imperative duty to consider whether
+or not it is impossible to effect this most desirable consummation.
+
+The Union and the Constitution are inseparable. As long as one is obeyed
+by all parties, the other will be preserved; and if one is destroyed,
+both must perish together. The destruction of the Constitution will be
+followed by other and still greater calamities. It was ordained not only
+to form a more perfect union between the States, but to "establish
+justice, insure domestic tranquillity, provide for the common defense,
+promote the general welfare, and secure the blessings of liberty to
+ourselves and our posterity." Nothing but implicit obedience to its
+requirements in all parts of the country will accomplish these great
+ends. Without that obedience we can look forward only to continual
+outrages upon individual rights, incessant breaches of the public peace,
+national weakness, financial dishonor, the total loss of our prosperity,
+the general corruption of morals, and the final extinction of popular
+freedom. To save our country from evils so appalling as these, we should
+renew our efforts again and again.
+
+To me the process of restoration seems perfectly plain and simple. It
+consists merely in a faithful application of the Constitution and laws.
+The execution of the laws is not now obstructed or opposed by physical
+force. There is no military or other necessity, real or pretended, which
+can prevent obedience to the Constitution, either North or South.
+All the rights and all the obligations of States and individuals
+can be protected and enforced by means perfectly consistent with the
+fundamental law. The courts may be everywhere open, and if open their
+process would be unimpeded. Crimes against the United States can be
+prevented or punished by the proper judicial authorities in a manner
+entirely practicable and legal. There is therefore no reason why the
+Constitution should not be obeyed, unless those who exercise its powers
+have determined that it shall be disregarded and violated. The mere
+naked will of this Government, or of some one or more of its branches,
+is the only obstacle that can exist to a perfect union of all the
+States.
+
+On this momentous question and some of the measures growing out of it
+I have had the misfortune to differ from Congress, and have expressed
+my convictions without reserve, though with becoming deference to the
+opinion of the legislative department. Those convictions are not only
+unchanged, but strengthened by subsequent events and further reflection.
+The transcendent importance of the subject will be a sufficient excuse
+for calling your attention to some of the reasons which have so strongly
+influenced my own judgment. The hope that we may all finally concur in a
+mode of settlement consistent at once with our true interests and with
+our sworn duties to the Constitution is too natural and too just to be
+easily relinquished.
+
+It is clear to my apprehension that the States lately in rebellion are
+still members of the National Union. When did they cease to be so? The
+"ordinances of secession" adopted by a portion (in most of them a very
+small portion) of their citizens were mere nullities. If we admit now
+that they were valid and effectual for the purpose intended by their
+authors, we sweep from under our feet the whole ground upon which we
+justified the war. Were those States afterwards expelled from the Union
+by the war? The direct contrary was averred by this Government to be its
+purpose, and was so understood by all those who gave their blood and
+treasure to aid in its prosecution. It can not be that a successful
+war, waged for the preservation of the Union, had the legal effect of
+dissolving it. The victory of the nation's arms was not the disgrace
+of her policy; the defeat of secession on the battlefield was not the
+triumph of its lawless principle. Nor could Congress, with or without
+the consent of the Executive, do anything which would have the effect,
+directly or indirectly, of separating the States from each other.
+To dissolve the Union is to repeal the Constitution which holds it
+together, and that is a power which does not belong to any department
+of this Government, or to all of them united.
+
+This is so plain that it has been acknowledged by all branches of the
+Federal Government. The Executive (my predecessor as well as myself) and
+the heads of all the Departments have uniformly acted upon the principle
+that the Union is not only undissolved, but indissoluble. Congress
+submitted an amendment of the Constitution to be ratified by the
+Southern States, and accepted their acts of ratification as a necessary
+and lawful exercise of their highest function. If they were not States,
+or were States out of the Union, their consent to a change in the
+fundamental law of the Union would have been nugatory, and Congress in
+asking it committed a political absurdity. The judiciary has also given
+the solemn sanction of its authority to the same view of the case. The
+judges of the Supreme Court have included the Southern States in their
+circuits, and they are constantly, _in banc_ and elsewhere, exercising
+jurisdiction which does not belong to them unless those States are
+States of the Union.
+
+If the Southern States are component parts of the Union, the
+Constitution is the supreme law for them, as it is for all the other
+States. They are bound to obey it, and so are we. The right of the
+Federal Government, which is clear and unquestionable, to enforce the
+Constitution upon them implies the correlative obligation on our part
+to observe its limitations and execute its guaranties. Without the
+Constitution we are nothing; by, through, and under the Constitution we
+are what it makes us. We may doubt the wisdom of the law, we may not
+approve of its provisions, but we can not violate it merely because it
+seems to confine our powers within limits narrower than we could wish.
+It is not a question of individual or class or sectional interest, much
+less of party predominance, but of duty--of high and sacred duty--which
+we are all sworn to perform. If we can not support the Constitution with
+the cheerful alacrity of those who love and believe in it, we must give
+to it at least the fidelity of public servants who act under solemn
+obligations and commands which they dare not disregard.
+
+The constitutional duty is not the only one which requires the States
+to be restored. There is another consideration which, though of minor
+importance, is yet of great weight. On the 22d day of July, 1861,
+Congress declared by an almost unanimous vote of both Houses that the
+war should be conducted solely for the purpose of preserving the Union
+and maintaining the supremacy of the Federal Constitution and laws,
+without impairing the dignity, equality, and rights of the States or of
+individuals, and that when this was done the war should cease. I do not
+say that this declaration is personally binding on those who joined in
+making it; any more than individual members of Congress are personally
+bound to pay a public debt created under a law for which they voted.
+But it was a solemn, public, official pledge of the national honor,
+and I can not imagine upon what grounds the repudiation of it is to
+be justified. If it be said that we are not bound to keep faith with
+rebels, let it be remembered that this promise was not made to rebels
+only. Thousands of true men in the South were drawn to our standard by
+it, and hundreds of thousands in the North gave their lives in the
+belief that it would be carried out. It was made on the day after the
+first great battle of the war had been fought and lost. All patriotic
+and intelligent men then saw the necessity of giving such an assurance,
+and believed that without it the war would end in disaster to our cause.
+Having given that assurance in the extremity of our peril, the violation
+of it now, in the day of our power, would be a rude rending of that good
+faith which holds the moral world together; our country would cease to
+have any claim upon the confidence of men; it would make the war not
+only a failure, but a fraud.
+
+Being sincerely convinced that these views are correct, I would be
+unfaithful to my duty if I did not recommend the repeal of the acts of
+Congress which place ten of the Southern States under the domination of
+military masters. If calm reflection shall satisfy a majority of your
+honorable bodies that the acts referred to are not only a violation of
+the national faith, but in direct conflict with the Constitution, I dare
+not permit myself to doubt that you will immediately strike them from
+the statute book.
+
+To demonstrate the unconstitutional character of those acts I need do no
+more than refer to their general provisions. It must be seen at once
+that they are not authorized. To dictate what alterations shall be made
+in the constitutions of the several States; to control the elections of
+State legislators and State officers, members of Congress and electors
+of President and Vice-President, by arbitrarily declaring who shall
+vote and who shall be excluded from that privilege; to dissolve State
+legislatures or prevent them from assembling; to dismiss judges and
+other civil functionaries of the State and appoint others without regard
+to State law; to organize and operate all the political machinery of the
+States; to regulate the whole administration of their domestic and local
+affairs according to the mere will of strange and irresponsible agents,
+sent among them for that purpose--these are powers not granted to the
+Federal Government or to any one of its branches. Not being granted, we
+violate our trust by assuming them as palpably as we would by acting in
+the face of a positive interdict; for the Constitution forbids us to do
+whatever it does not affirmatively authorize, either by express words or
+by clear implication. If the authority we desire to use does not come to
+us through the Constitution, we can exercise it only by usurpation, and
+usurpation is the most dangerous of political crimes. By that crime the
+enemies of free government in all ages have worked out their designs
+against public liberty and private right. It leads directly and
+immediately to the establishment of absolute rule, for undelegated
+power is always unlimited and unrestrained.
+
+The acts of Congress in question are not only objectionable for their
+assumption of ungranted power, but many of their provisions are in
+conflict with the direct prohibitions of the Constitution. The
+Constitution commands that a republican form of government shall be
+guaranteed to all the States; that no person shall be deprived of life,
+liberty, or property without due process of law, arrested without a
+judicial warrant, or punished without a fair trial before an impartial
+jury; that the privilege of _habeas corpus_ shall not be denied in time
+of peace, and that no bill of attainder shall be passed even against a
+single individual. Yet the system of measures established by these acts
+of Congress does totally subvert and destroy the form as well as the
+substance of republican government in the ten States to which they
+apply. It binds them hand and foot in absolute slavery, and subjects
+them to a strange and hostile power, more unlimited and more likely to
+be abused than any other now known among civilized men. It tramples down
+all those rights in which the essence of liberty consists, and which a
+free government is always most careful to protect. It denies the _habeas
+corpus_ and the trial by jury. Personal freedom, property, and life, if
+assailed by the passion, the prejudice, or the rapacity of the ruler,
+have no security whatever. It has the effect of a bill of attainder or
+bill of pains and penalties, not upon a few individuals, but upon whole
+masses, including the millions who inhabit the subject States, and even
+their unborn children. These wrongs, being expressly forbidden, can not
+be constitutionally inflicted upon any portion of our people, no matter
+how they may have come within our jurisdiction, and no matter whether
+they live in States, Territories, or districts.
+
+I have no desire to save from the proper and just consequences of their
+great crime those who engaged in rebellion against the Government, but
+as a mode of punishment the measures under consideration are the most
+unreasonable that could be invented. Many of those people are perfectly
+innocent; many kept their fidelity to the Union untainted to the last;
+many were incapable of any legal offense; a large proportion even of the
+persons able to bear arms were forced into rebellion against their will,
+and of those who are guilty with their own consent the degrees of guilt
+are as various as the shades of their character and temper. But these
+acts of Congress confound them all together in one common doom.
+Indiscriminate vengeance upon classes, sects, and parties, or upon whole
+communities, for offenses committed by a portion of them against the
+governments to which they owed obedience was common in the barbarous
+ages of the world; but Christianity and civilization have made such
+progress that recourse to a punishment so cruel and unjust would meet
+with the condemnation of all unprejudiced and right-minded men. The
+punitive justice of this age, and especially of this country, does not
+consist in stripping whole States of their liberties and reducing all
+their people, without distinction, to the condition of slavery. It deals
+separately with each individual, confines itself to the forms of law,
+and vindicates its own purity by an impartial examination of every case
+before a competent judicial tribunal. If this does not satisfy all our
+desires with regard to Southern rebels, let us console ourselves by
+reflecting that a free Constitution, triumphant in war and unbroken in
+peace, is worth far more to us and our children than the gratification
+of any present feeling.
+
+I am aware it is assumed that this system of government for the
+Southern States is not to be perpetual. It is true this military
+government is to be only provisional, but it is through this temporary
+evil that a greater evil is to be made perpetual. If the guaranties
+of the Constitution can be broken provisionally to serve a temporary
+purpose, and in a part only of the country, we can destroy them
+everywhere and for all time. Arbitrary measures often change, but they
+generally change for the worse. It is the curse of despotism that it has
+no halting place. The intermitted exercise of its power brings no sense
+of security to its subjects, for they can never know what more they will
+be called to endure when its red right hand is armed to plague them
+again. Nor is it possible to conjecture how or where power, unrestrained
+by law, may seek its next victims. The States that are still free may be
+enslaved at any moment; for if the Constitution does not protect all, it
+protects none.
+
+It is manifestly and avowedly the object of these laws to confer upon
+negroes the privilege of voting and to disfranchise such a number of
+white citizens as will give the former a clear majority at all elections
+in the Southern States. This, to the minds of some persons, is so
+important that a violation of the Constitution is justified as a means
+of bringing it about. The morality is always false which excuses a wrong
+because it proposes to accomplish a desirable end. We are not permitted
+to do evil that good may come. But in this case the end itself is evil,
+as well as the means. The subjugation of the States to negro domination
+would be worse than the military despotism under which they are now
+suffering. It was believed beforehand that the people would endure any
+amount of military oppression for any length of time rather than degrade
+themselves by subjection to the negro race. Therefore they have been
+left without a choice. Negro suffrage was established by act of
+Congress, and the military officers were commanded to superintend the
+process of clothing the negro race with the political privileges torn
+from white men.
+
+The blacks in the South are entitled to be well and humanely governed,
+and to have the protection of just laws for all their rights of person
+and property. If it were practicable at this time to give them a
+Government exclusively their own, under which they might manage their
+own affairs in their own way, it would become a grave question whether
+we ought to do so, or whether common humanity would not require us to
+save them from themselves. But under the circumstances this is only a
+speculative point. It is not proposed merely that they shall govern
+themselves, but that they shall rule the white race, make and administer
+State laws, elect Presidents and members of Congress, and shape to a
+greater or less extent the future destiny of the whole country. Would
+such a trust and power be safe in such hands?
+
+The peculiar qualities which should characterize any people who are fit
+to decide upon the management of public affairs for a great state have
+seldom been combined. It is the glory of white men to know that they
+have had these qualities in sufficient measure to build upon this
+continent a great political fabric and to preserve its stability for
+more than ninety years, while in every other part of the world all
+similar experiments have failed. But if anything can be proved by known
+facts, if all reasoning upon evidence is not abandoned, it must be
+acknowledged that in the progress of nations negroes have shown less
+capacity for government than any other race of people. No independent
+government of any form has ever been successful in their hands. On the
+contrary, wherever they have been left to their own devices they have
+shown a constant tendency to relapse into barbarism. In the Southern
+States, however, Congress has undertaken to confer upon them the
+privilege of the ballot. Just released from slavery, it may be doubted
+whether as a class they know more than their ancestors how to organize
+and regulate civil society. Indeed, it is admitted that the blacks of
+the South are not only regardless of the rights of property, but so
+utterly ignorant of public affairs that their voting can consist in
+nothing more than carrying a ballot to the place where they are directed
+to deposit it. I need not remind you that the exercise of the elective
+franchise is the highest attribute of an American citizen, and that when
+guided by virtue, intelligence, patriotism, and a proper appreciation of
+our free institutions it constitutes the true basis of a democratic form
+of government, in which the sovereign power is lodged in the body of the
+people. A trust artificially created, not for its own sake, but solely
+as a means of promoting the general welfare, its influence for good must
+necessarily depend upon the elevated character and true allegiance of
+the elector. It ought, therefore, to be reposed in none except those who
+are fitted morally and mentally to administer it well; for if conferred
+upon persons who do not justly estimate its value and who are
+indifferent as to its results, it will only serve as a means of placing
+power in the hands of the unprincipled and ambitious, and must eventuate
+in the complete destruction of that liberty of which it should be the
+most powerful conservator. I have therefore heretofore urged upon your
+attention the great danger--
+
+ to be apprehended from an untimely extension of the elective franchise
+ to any new class in our country, especially when the large majority of
+ that class, in wielding the power thus placed in their hands, can not be
+ expected correctly to comprehend the duties and responsibilities which
+ pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held
+ in a condition of slavery that had existed for generations; to-day they
+ are freemen and are assumed by law to be citizens. It can not be
+ presumed, from their previous condition of servitude, that as a class
+ they are as well informed as to the nature of our Government as the
+ intelligent foreigner who makes our land the home of his choice. In the
+ case of the latter neither a residence of five years and the knowledge
+ of our institutions which it gives nor attachment to the principles of
+ the Constitution are the only conditions upon which he can be admitted
+ to citizenship; he must prove in addition a good moral character, and
+ thus give reasonable ground for the belief that he will be faithful to
+ the obligations which he assumes as a citizen of the Republic. Where
+ a people--the source of all political power--speak by their suffrages
+ through the instrumentality of the ballot box, it must be carefully
+ guarded against the control of those who are corrupt in principle and
+ enemies of free institutions, for it can only become to our political
+ and social system a safe conductor of healthy popular sentiment when
+ kept free from demoralizing influences. Controlled through fraud and
+ usurpation by the designing, anarchy and despotism must inevitably
+ follow. In the hands of the patriotic and worthy our Government will be
+ preserved upon the principles of the Constitution inherited from our
+ fathers. It follows, therefore, that in admitting to the ballot box
+ a new class of voters not qualified for the exercise of the elective
+ franchise we weaken our system of government instead of adding to its
+ strength and durability.
+
+ * * * * *
+
+ I yield to no one in attachment to that rule of general suffrage which
+ distinguishes our policy as a nation. But there is a limit, wisely
+ observed hitherto, which makes the ballot a privilege and a trust,
+ and which requires of some classes a time suitable for probation
+ and preparation. To give it indiscriminately to a new class, wholly
+ unprepared by previous habits and opportunities to perform the trust
+ which it demands, is to degrade it, and finally to destroy its power,
+ for it may be safely assumed that no political truth is better
+ established than that such indiscriminate and all-embracing extension
+ of popular suffrage must end at last in its destruction.
+
+
+I repeat the expression of my willingness to join in any plan within
+the scope of our constitutional authority which promises to better the
+condition of the negroes in the South, by encouraging them in industry,
+enlightening their minds, improving their morals, and giving protection
+to all their just rights as freedmen. But the transfer of our political
+inheritance to them would, in my opinion, be an abandonment of a duty
+which we owe alike to the memory of our fathers and the rights of our
+children.
+
+The plan of putting the Southern States wholly and the General
+Government partially into the hands of negroes is proposed at a time
+peculiarly unpropitious. The foundations of society have been broken
+up by civil war. Industry must be reorganized, justice reestablished,
+public credit maintained, and order brought out of confusion. To
+accomplish these ends would require all the wisdom and virtue of the
+great men who formed our institutions originally. I confidently believe
+that their descendants will be equal to the arduous task before them,
+but it is worse than madness to expect that negroes will perform it for
+us. Certainly we ought not to ask their assistance till we despair of
+our own competency.
+
+The great difference between the two races in physical, mental,
+and moral characteristics will prevent an amalgamation or fusion
+of them together in one homogeneous mass. If the inferior obtains the
+ascendency over the other, it will govern with reference only to its own
+interests--for it will recognize no common interest--and create such a
+tyranny as this continent has never yet witnessed. Already the negroes
+are influenced by promises of confiscation and plunder. They are taught
+to regard as an enemy every white man who has any respect for the rights
+of his own race. If this continues it must become worse and worse, until
+all order will be subverted, all industry cease, and the fertile fields
+of the South grow up into a wilderness. Of all the dangers which our
+nation has yet encountered, none are equal to those which must result
+from the success of the effort now making to Africanize the half of
+our country.
+
+I would not put considerations of money in competition with justice and
+right; but the expenses incident to "reconstruction" under the system
+adopted by Congress aggravate what I regard as the intrinsic wrong of
+the measure itself. It has cost uncounted millions already, and if
+persisted in will add largely to the weight of taxation, already too
+oppressive to be borne without just complaint, and may finally reduce
+the Treasury of the nation to a condition of bankruptcy. We must not
+delude ourselves. It will require a strong standing army and probably
+more than $200,000,000 per annum to maintain the supremacy of negro
+governments after they are established. The sum thus thrown away would,
+if properly used, form a sinking fund large enough to pay the whole
+national debt in less than fifteen years. It is vain to hope that
+negroes will maintain their ascendency themselves. Without military
+power they are wholly incapable of holding in subjection the white
+people of the South.
+
+I submit to the judgment of Congress whether the public credit may not
+be injuriously affected by a system of measures like this. With our debt
+and the vast private interests which are complicated with it, we can not
+be too cautious of a policy which might by possibility impair the
+confidence of the world in our Government. That confidence can only be
+retained by carefully inculcating the principles of justice and honor
+on the popular mind and by the most scrupulous fidelity to all our
+engagements of every sort. Any serious breach of the organic law,
+persisted in for a considerable time, can not but create fears for the
+stability of our institutions. Habitual violation of prescribed rules,
+which we bind ourselves to observe, must demoralize the people. Our only
+standard of civil duty being set at naught, the sheet anchor of our
+political morality is lost, the public conscience swings from its
+moorings and yields to every impulse of passion and interest. If we
+repudiate the Constitution, we will not be expected to care much for
+mere pecuniary obligations. The violation of such a pledge as we made on
+the 22d day of July, 1861, will assuredly diminish the market value of
+our other promises. Besides, if we acknowledge that the national debt
+was created, not to hold the States in the Union, as the taxpayers were
+led to suppose, but to expel them from it and hand them over to be
+governed by negroes, the moral duty to pay it may seem much less clear.
+I say it may _seem_ so, for I do not admit that this or any other
+argument in favor of repudiation can be entertained as sound; but
+its influence on some classes of minds may well be apprehended. The
+financial honor of a great commercial nation, largely indebted and with
+a republican form of government administered by agents of the popular
+choice, is a thing of such delicate texture and the destruction of it
+would be followed by such unspeakable calamity that every true patriot
+must desire to avoid whatever might expose it to the slightest danger.
+
+The great interests of the country require immediate relief from these
+enactments. Business in the South is paralyzed by a sense of general
+insecurity, by the terror of confiscation, and the dread of negro
+supremacy. The Southern trade, from which the North would have derived
+so great a profit under a government of law, still languishes, and can
+never be revived until it ceases to be fettered by the arbitrary power
+which makes all its operations unsafe. That rich country--the richest in
+natural resources the world ever saw--is worse than lost if it be not
+soon placed under the protection of a free constitution. Instead of
+being, as it ought to be, a source of wealth and power, it will become
+an intolerable burden upon the rest of the nation.
+
+Another reason for retracing our steps will doubtless be seen by
+Congress in the late manifestations of public opinion upon this subject.
+We live in a country where the popular will always enforces obedience
+to itself, sooner or later. It is vain to think of opposing it with
+anything short of legal authority backed by overwhelming force. It can
+not have escaped your attention that from the day on which Congress
+fairly and formally presented the proposition to govern the Southern
+States by military force, with a view to the ultimate establishment of
+negro supremacy, every expression of the general sentiment has been more
+or less adverse to it. The affections of this generation can not be
+detached from the institutions of their ancestors. Their determination
+to preserve the inheritance of free government in their own hands and
+transmit it undivided and unimpaired to their own posterity is too
+strong to be successfully opposed. Every weaker passion will disappear
+before that love of liberty and law for which the American people are
+distinguished above all others in the world.
+
+How far the duty of the President "to preserve, protect, and defend
+the Constitution" requires him to go in opposing an unconstitutional
+act of Congress is a very serious and important question, on which
+I have deliberated much and felt extremely anxious to reach a proper
+conclusion. Where an act has been passed according to the forms of the
+Constitution by the supreme legislative authority, and is regularly
+enrolled among the public statutes of the country, Executive resistance
+to it, especially in times of high party excitement, would be likely to
+produce violent collision between the respective adherents of the two
+branches of the Government. This would be simply civil war, and civil
+war must be resorted to only as the last remedy for the worst of evils.
+Whatever might tend to provoke it should be most carefully avoided.
+A faithful and conscientious magistrate will concede very much to honest
+error, and something even to perverse malice, before he will endanger
+the public peace; and he will not adopt forcible measures, or such as
+might lead to force, as long as those which are peaceable remain open to
+him or to his constituents. It is true that cases may occur in which the
+Executive would be compelled to stand on its rights, and maintain them
+regardless of all consequences. If Congress should pass an act which is
+not only in palpable conflict with the Constitution, but will certainly,
+if carried out, produce immediate and irreparable injury to the organic
+structure of the Government, and if there be, neither judicial remedy
+for the wrongs it inflicts nor power in the people to protect themselves
+without the official aid of their elected defender--if, for instance,
+the legislative department should pass an act even through all the forms
+of law to abolish a coordinate department of the Government--in such a
+case the President must take the high responsibilities of his office and
+save the life of the nation at all hazards. The so-called reconstruction
+acts, though as plainly unconstitutional as any that can be imagined,
+were not believed to be within the class last mentioned. The people were
+not wholly disarmed of the power of self-defense. In all the Northern
+States they still held in their hands the sacred right of the ballot,
+and it was safe to believe that in due time they would come to the
+rescue of their own institutions. It gives me pleasure to add that the
+appeal to our common constituents was not taken in vain, and that my
+confidence in their wisdom and virtue seems not to have been misplaced.
+
+It is well and publicly known that enormous frauds have been perpetrated
+on the Treasury and that colossal fortunes have been made at the public
+expense. This species of corruption has increased, is increasing, and
+if not diminished will soon bring us into total ruin and disgrace. The
+public creditors and the taxpayers are alike interested in an honest
+administration of the finances, and neither class will long endure the
+large-handed robberies of the recent past. For this discreditable state
+of things there are several causes. Some of the taxes are so laid as
+to present an irresistible temptation to evade payment. The great sums
+which officers may win by connivance at fraud create a pressure which is
+more than the virtue of many can withstand, and there can be no doubt
+that the open disregard of constitutional obligations avowed by some of
+the highest and most influential men in the country has greatly weakened
+the moral sense of those who serve in subordinate places. The expenses
+of the United States, including interest on the public debt, are more
+than six times as much as they were seven years ago. To collect and
+disburse this vast amount requires careful supervision as well as
+systematic vigilance. The system, never perfected, was much disorganized
+by the "tenure-of-office bill," which has almost destroyed official
+accountability. The President may be thoroughly convinced that an
+officer is incapable, dishonest, or unfaithful to the Constitution, but
+under the law which I have named the utmost he can do is to complain to
+the Senate and ask the privilege of supplying his place with a better
+man. If the Senate be regarded as personally or politically hostile to
+the President, it is natural, and not altogether unreasonable, for the
+officer to expect that it will take his part as far as possible, restore
+him to his place, and give him a triumph over his Executive superior.
+The officer has other chances of impunity arising from accidental
+defects of evidence, the mode of investigating it, and the secrecy of
+the hearing. It is not wonderful that official malfeasance should become
+bold in proportion as the delinquents learn to think themselves safe.
+I am entirely persuaded that under such a rule the President can not
+perform the great duty assigned to him of seeing the laws faithfully
+executed, and that it disables him most especially from enforcing that
+rigid accountability which is necessary to the due execution of the
+revenue laws.
+
+The Constitution invests the President with authority to _decide_
+whether a removal should be made in any given case; the act of Congress
+declares in substance that he shall only _accuse_ such as he supposes to
+be unworthy of their trust. The Constitution makes him _sole judge_ in
+the premises, but the statute takes away his jurisdiction, transfers
+it to the Senate, and leaves him nothing but the odious and sometimes
+impracticable duty of becoming a _prosecutor_. The prosecution is to be
+conducted before a tribunal whose members are not, like him, responsible
+to the whole people, but to separate constituent bodies, and who may
+hear his accusation with great disfavor. The Senate is absolutely
+without any known standard of decision applicable to such a case. Its
+judgment can not be anticipated, for it is not governed by any rule.
+The law does not define what shall be deemed good cause for removal.
+It is impossible even to conjecture what may or may not be so considered
+by the Senate. The nature of the subject forbids clear proof. If the
+charge be incapacity, what evidence will support it? Fidelity to the
+Constitution may be understood or misunderstood in a thousand different
+ways, and by violent party men, in violent party times, unfaithfulness
+to the Constitution may even come to be considered meritorious. If the
+officer be accused of dishonesty, how shall it be made out? Will it be
+inferred from acts unconnected with public duty, from private history,
+or from general reputation, or must the President await the commission
+of an actual misdemeanor in office? Shall he in the meantime risk the
+character and interest of the nation in the hands of men to whom he
+can not give his confidence? Must he forbear his complaint until the
+mischief is done and can not be prevented? If his zeal in the public
+service should impel him to anticipate the overt act, must he move at
+the peril of being tried himself for the offense of slandering his
+subordinate? In the present circumstances of the country someone must be
+held responsible for official delinquency of every kind. It is extremely
+difficult to say where that responsibility should be thrown if it be
+not left where it has been placed by the Constitution. But all just men
+will admit that the President ought to be entirely relieved from such
+responsibility if he can not meet it by reason of restrictions placed
+by law upon his action.
+
+The unrestricted power of removal from office is a very great one to be
+trusted even to a magistrate chosen by the general suffrage of the whole
+people and accountable directly to them for his acts. It is undoubtedly
+liable to abuse, and at some periods of our history perhaps has been
+abused. If it be thought desirable and constitutional that it should be
+so limited as to make the President merely a common informer against
+other public agents, he should at least be permitted to act in that
+capacity before some open tribunal, independent of party politics, ready
+to investigate the merits of every case, furnished with the means of
+taking evidence, and bound to decide according to established rules.
+This would guarantee the safety of the accuser when he acts in good
+faith, and at the same time secure the rights of the other party. I
+speak, of course, with all proper respect for the present Senate, but it
+does not seem to me that any legislative body can be so constituted as
+to insure its fitness for these functions.
+
+It is not the theory of this Government that public offices are the
+property of those who hold them. They are given merely as a trust for
+the public benefit, sometimes for a fixed period, sometimes during good
+behavior, but generally they are liable to be terminated at the pleasure
+of the appointing power, which represents the collective majesty and
+speaks the will of the people. The forced retention in office of a
+single dishonest person may work great injury to the public interests.
+The danger to the public service comes not from the power to remove,
+but from the power to appoint. Therefore it was that the framers of the
+Constitution left the power of removal unrestricted, while they gave
+the Senate a right to reject all appointments which in its opinion were
+not fit to be made. A little reflection on this subject will probably
+satisfy all who have the good of the country at heart that our best
+course is to take the Constitution for our guide, walk in the path
+marked out by the founders of the Republic, and obey the rules made
+sacred by the observance of our great predecessors.
+
+The present condition of our finances and circulating medium is one to
+which your early consideration is invited.
+
+The proportion which the currency of any country should bear to
+the whole value of the annual produce circulated by its means is a
+question upon which political economists have not agreed. Nor can it
+be controlled by legislation, but must be left to the irrevocable laws
+which everywhere regulate commerce and trade. The circulating medium
+will ever irresistibly flow to those points where it is in greatest
+demand. The law of demand and supply is as unerring as that which
+regulates the tides of the ocean; and, indeed, currency, like the
+tides, has its ebbs and flows throughout the commercial world.
+
+At the beginning of the rebellion the bank-note circulation of the
+country amounted to not much more than $200,000,000; now the circulation
+of national-bank notes and those known as "legal-tenders" is nearly
+seven hundred millions. While it is urged by some that this amount
+should be increased, others contend that a decided reduction is
+absolutely essential to the best interests of the country. In view of
+these diverse opinions, it may be well to ascertain the real value of
+our paper issues when compared with a metallic or convertible currency.
+For this purpose let us inquire how much gold and silver could be
+purchased by the seven hundred millions of paper money now in
+circulation. Probably not more than half the amount of the latter,
+showing that when our paper currency is compared with gold and silver
+its commercial value is compressed into three hundred and fifty
+millions. This striking fact makes it the obvious duty of the
+Government, as early as may be consistent with the principles of sound
+political economy, to take such measures as will enable the holder of
+its notes and those of the national banks to convert them without loss
+into specie or its equivalent. A reduction of our paper circulating
+medium need not necessarily follow. This, however, would depend upon
+the law of demand and supply, though it should be borne in mind that
+by making legal-tender and bank notes convertible into coin or its
+equivalent their present specie value in the hands of their holders
+would be enhanced 100 per cent.
+
+Legislation for the accomplishment of a result so desirable is demanded
+by the highest public considerations. The Constitution contemplates that
+the circulating medium of the country shall be uniform in quality and
+value. At the time of the formation of that instrument the country had
+just emerged from the War of the Revolution, and was suffering from the
+effects of a redundant and worthless paper currency. The sages of that
+period were anxious to protect their posterity from the evils that they
+themselves had experienced. Hence in providing a circulating medium they
+conferred upon Congress the power to coin money and regulate the value
+thereof, at the same time prohibiting the States from making anything
+but gold and silver a tender in payment of debts.
+
+The anomalous condition of our currency is in striking contrast with
+that which was originally designed. Our circulation now embraces, first,
+notes of the national banks, which are made receivable for all dues to
+the Government, excluding imposts, and by all its creditors, excepting
+in payment of interest upon its bonds and the securities themselves;
+second, legal-tender notes, issued by the United States, and which the
+law requires shall be received as well in payment of all debts between
+citizens as of all Government dues, excepting imposts; and, third, gold
+and silver coin. By the operation of our present system of finance,
+however, the metallic currency, when collected, is reserved only for one
+class of Government creditors, who, holding its bonds, semiannually
+receive their interest in coin from the National Treasury. They are thus
+made to occupy an invidious position, which may be used to strengthen
+the arguments of those who would bring into disrepute the obligations
+of the nation. In the payment of all its debts the plighted faith of
+the Government should be inviolably maintained. But while it acts with
+fidelity toward the bondholder who loaned his money that the integrity
+of the Union might be preserved, it should at the same time observe good
+faith with the great masses of the people, who, having rescued the Union
+from the perils of rebellion, now bear the burdens of taxation, that the
+Government may be able to fulfill its engagements. There is no reason
+which will be accepted as satisfactory by the people why those who
+defend us on the land and protect us on the sea; the pensioner upon the
+gratitude of the nation, bearing the scars and wounds received while
+in its service; the public servants in the various Departments of the
+Government; the farmer who supplies the soldiers of the Army and the
+sailors of the Navy; the artisan who toils in the nation's workshops,
+or the mechanics and laborers who build its edifices and construct
+its forts and vessels of war, should, in payment of their just and
+hard-earned dues, receive depreciated paper, while another class of
+their countrymen, no more deserving, are paid in coin of gold and
+silver. Equal and exact justice requires that all the creditors of the
+Government should be paid in a currency possessing a uniform value.
+This can only be accomplished by the restoration of the currency to the
+standard established by the Constitution; and by this means we would
+remove a discrimination which may, if it has not already done so, create
+a prejudice that may become deep rooted and widespread and imperil the
+national credit.
+
+The feasibility of making our currency correspond with the
+constitutional standard may be seen by reference to a few facts derived
+from our commercial statistics.
+
+The production of precious metals in the United States from 1849
+to 1857, inclusive, amounted to $579,000,000; from 1858 to 1860,
+inclusive, to $137,500,000, and from 1861 to 1867, inclusive, to
+$457,500,000--making the grand aggregate of products since 1849
+$1,174,000,000. The amount of specie coined from 1849 to 1857 inclusive,
+was $439,000,000; from 1858 to 1860, inclusive, $125,000,000, and from
+1861 to 1867, inclusive, $310,000,000--making the total coinage since
+1849 $874,000,000. From 1849 to 1857, inclusive, the net exports of
+specie amounted to $271,000,000; from 1858 to 1860, inclusive, to
+$148,000,000, and from 1861 to 1867, inclusive, $322,000,000--making the
+aggregate of net exports since 1849 $741,000,000. These figures show an
+excess of product over net exports of $433,000,000. There are in the
+Treasury $111,000,000 in coin, something more than $40,000,000 in
+circulation on the Pacific Coast, and a few millions in the national
+and other banks--in all about $160,000,000. This, however, taking into
+account the specie in the country prior to 1849, leaves more than
+$300,000,000 which have not been accounted for by exportation, and
+therefore may yet remain in the country.
+
+These are important facts and show how completely the inferior currency
+will supersede the better, forcing it from circulation among the masses
+and causing it to be exported as a mere article of trade, to add to the
+money capital of foreign lands. They show the necessity of retiring our
+paper money, that the return of gold and silver to the avenues of trade
+may be invited and a demand created which will cause the retention
+at home of at least so much of the productions of our rich and
+inexhaustible gold-bearing fields as may be sufficient for purposes
+of circulation. It is unreasonable to expect a return to a sound
+currency so long as the Government by continuing to issue irredeemable
+notes fills the channels of circulation with depreciated paper.
+Notwithstanding a coinage by our mints, since 1849, of $874,000,000,
+the people are now strangers to the currency which was designed for
+their use and benefit, and specimens of the precious metals bearing
+the national device are seldom seen, except when produced to gratify
+the interest excited by their novelty. If depreciated paper is to be
+continued as the permanent currency of the country, and all our coin is
+to become a mere article of traffic and speculation, to the enhancement
+in price of all that is indispensable to the comfort of the people, it
+would be wise economy to abolish our mints, thus saving the nation the
+care and expense incident to such establishments, and let all our
+precious metals be exported in bullion. The time has come, however, when
+the Government and national banks should be required to take the most
+efficient steps and make all necessary arrangements for a resumption
+of specie payments at the earliest practicable period. Specie payments
+having been once resumed by the Government and banks, all notes or bills
+of paper issued by either of a less denomination than $20 should by law
+be excluded from circulation, so that the people may have the benefit
+and convenience of a gold and silver currency which in all their
+business transactions will be uniform in value at home and abroad.
+
+ Every man of property or industry, every man who desires to preserve
+ what he honestly possesses or to obtain what he can honestly earn, has a
+ direct interest in maintaining a safe circulating medium--such a medium
+ as shall be real and substantial, not liable to vibrate with opinions,
+ not subject to be blown up or blown down by the breath of speculation,
+ but to be made stable and secure. A disordered currency is one of the
+ greatest political evils. It undermines the virtues necessary for the
+ support of the social system and encourages propensities destructive of
+ its happiness; it wars against industry, frugality, and economy, and it
+ fosters the evil spirits of extravagance and speculation.
+
+
+It has been asserted by one of our profound and most gifted statesmen
+that--
+
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation--these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+
+
+It is one of the most successful devices, in times of peace or war,
+expansions or revulsions, to accomplish the transfer of all the precious
+metals from the great mass of the people into the hands of the few,
+where they are hoarded in secret places or deposited in strong boxes
+under bolts and bars, while the people are left to ensure all the
+inconvenience, sacrifice, and demoralization resulting from the use
+of a depreciated and worthless paper money.
+
+The condition of our finances and the operations of our revenue
+system are set forth and fully explained in the able and instructive
+report of the Secretary of the Treasury. On the 30th of June, 1866,
+the public debt amounted to $2,783,425,879; on the 30th of June last
+it was $2,692,199,215, showing a reduction during the fiscal year of
+$91,226,664. During the fiscal year ending June 30, 1867, the receipts
+were $490,634,010 and the expenditures $346,729,129, leaving an
+available surplus of $143,904,880. It is estimated that the receipts for
+the fiscal year ending June 30, 1868, will be $417,161,928 and that the
+expenditures will reach the sum of $393,269,226, leaving in the Treasury
+a surplus of $23,892,702. For the fiscal year ending June 30, 1869, it
+is estimated that the receipts will amount to $381,000,000 and that the
+expenditures will be $372,000,000, showing an excess of $9,000,000 in
+favor of the Government.
+
+The attention of Congress is earnestly invited to the necessity of a
+thorough revision of our revenue system. Our internal-revenue laws and
+impost system should be so adjusted as to bear most heavily on articles
+of luxury, leaving the necessaries of life as free from taxation as
+may be consistent with the real wants of the Government, economically
+administered. Taxation would not then fall unduly on the man of moderate
+means; and while none would be entirely exempt from assessment, all, in
+proportion to their pecuniary abilities, would contribute toward the
+support of the State. A modification of the internal-revenue system, by
+a large reduction in the number of articles now subject to tax, would
+be followed by results equally advantageous to the citizen and the
+Government. It would render the execution of the law less expensive and
+more certain, remove obstructions to industry, lessen the temptations to
+evade the law, diminish the violations and frauds perpetrated upon its
+provisions, make its operations less inquisitorial, and greatly reduce
+in numbers the army of taxgatherers created by the system, who "take
+from the mouth of honest labor the bread it has earned." Retrenchment,
+reform, and economy should be carried into every branch of the public
+service, that the expenditures of the Government may be reduced and the
+people relieved from oppressive taxation; a sound currency should be
+restored, and the public faith in regard to the national debt sacredly
+observed. The accomplishment of these important results, together with
+the restoration of the Union of the States upon the principles of
+the Constitution, would inspire confidence at home and abroad in the
+stability of our institutions and bring to the nation prosperity,
+peace, and good will.
+
+The report of the Secretary of War _ad interim_ exhibits the operations
+of the Army and of the several bureaus of the War Department. The
+aggregate strength of our military force on the 30th of September
+last was 56,315. The total estimate for military appropriations is
+$77,124,707, including a deficiency in last year's appropriation of
+$13,600,000. The payments at the Treasury on account of the service
+of the War Department from January 1 to October 29, 1867--a period of
+ten months--amounted to $109,807,000. The expenses of the military
+establishment, as well as the numbers of the Army, are now three
+times as great as they have ever been in time of peace, while the
+discretionary power is vested in the Executive to add millions to this
+expenditure by an increase of the Army to the maximum strength allowed
+by the law.
+
+The comprehensive report of the Secretary of the Interior furnishes
+interesting information in reference to the important branches of the
+public service connected with his Department. The menacing attitude of
+some of the warlike bands of Indians inhabiting the district of country
+between the Arkansas and Platte rivers and portions of Dakota Territory
+required the presence of a large military force in that region.
+Instigated by real or imaginary grievances, the Indians occasionally
+committed acts of barbarous violence upon emigrants and our frontier
+settlements; but a general Indian war has been providentially averted.
+The commissioners under the act of 20th July, 1867, were invested with
+full power to adjust existing difficulties, negotiate treaties with the
+disaffected bands, and select for them reservations remote from the
+traveled routes between the Mississippi and the Pacific. They entered
+without delay upon the execution of their trust, but have not yet made
+any official report of their proceedings. It is of vital importance that
+our distant Territories should be exempt from Indian outbreaks, and
+that the construction of the Pacific Railroad, an object of national
+importance, should not be interrupted by hostile tribes. These objects,
+as well as the material interests and the moral and intellectual
+improvement of the Indians, can be most effectually secured by
+concentrating them upon portions of country set apart for their
+exclusive use and located at points remote from our highways and
+encroaching white settlements.
+
+Since the commencement of the second session of the Thirty-ninth
+Congress 510 miles of road have been constructed on the main line
+and branches of the Pacific Railway. The line from Omaha is rapidly
+approaching the eastern base of the Rocky Mountains, while the terminus
+of the last section of constructed road in California, accepted by the
+Government on the 24th day of October last, was but 11 miles distant
+from the summit of the Sierra Nevada. The remarkable energy evinced by
+the companies offers the strongest assurance that the completion of the
+road from Sacramento to Omaha will not be long deferred.
+
+During the last fiscal year 7,041,114 acres of public land were
+disposed of, and the cash receipts from sales and fees exceeded by
+one-half million dollars the sum realized from those sources during the
+preceding year. The amount paid to pensioners, including expenses of
+disbursements, was $18,619,956, and 36,482 names were added to the
+rolls. The entire number of pensioners on the 30th of June last was
+155,474. Eleven thousand six hundred and fifty-five patents and designs
+were issued during the year ending September 30, 1867, and at that
+date the balance in the Treasury to the credit of the patent fund
+was $286,607.
+
+The report of the Secretary of the Navy states that we have seven
+squadrons actively and judiciously employed, under efficient and able
+commanders, in protecting the persons and property of American citizens,
+maintaining the dignity and power of the Government, and promoting the
+commerce and business interests of our countrymen in every part of the
+world. Of the 238 vessels composing the present Navy of the United
+States, 56, carrying 507 guns, are in squadron service. During the year
+the number of vessels in commission has been reduced 12, and there
+are 13 less on squadron duty than there were at the date of the last
+report. A large number of vessels were commenced and in the course of
+construction when the war terminated, and although Congress had made the
+necessary appropriations for their completion, the Department has either
+suspended work upon them or limited the slow completion of the steam
+vessels, so as to meet the contracts for machinery made with private
+establishments. The total expenditures of the Navy Department for the
+fiscal year ending June 30, 1867, were $31,034,011. No appropriations
+have been made or required since the close of the war for the
+construction and repair of vessels, for steam machinery, ordnance,
+provisions and clothing, fuel, hemp, etc., the balances under these
+several heads having been more than sufficient for current expenditures.
+It should also be stated to the credit of the Department that, besides
+asking no appropriations for the above objects for the last two years,
+the Secretary of the Navy, on the 30th of September last, in accordance
+with the act of May 1, 1820, requested the Secretary of the Treasury to
+carry to the surplus fund the sum of $65,000,000, being the amount
+received from the sales of vessels and other war property and the
+remnants of former appropriations.
+
+The report of the Postmaster-General shows the business of the
+Post-Office Department and the condition of the postal service in a
+very favorable light, and the attention of Congress is called to its
+practical recommendations. The receipts of the Department for the
+year ending June 30, 1867, including all special appropriations for
+sea and land service and for free mail matter, were $19,978,693. The
+expenditures for all purposes were $19,235,483, leaving an unexpended
+balance in favor of the Department of $743,210, which can be applied
+toward the expenses of the Department for the current year. The increase
+of postal revenue, independent of specific appropriations, for the year
+1867 over that of 1866 was $850,040. The increase of revenue from the
+sale of stamps and stamped envelopes was $783,404. The increase of
+expenditures for 1867 over those of the previous year was owing chiefly
+to the extension of the land and ocean mail service. During the past
+year new postal conventions have been ratified and exchanged with the
+United Kingdom of Great Britain and Ireland, Belgium, the Netherlands,
+Switzerland, the North German Union, Italy, and the colonial government
+at Hong Kong, reducing very largely the rates of ocean and land postages
+to and from and within those countries.
+
+The report of the Acting Commissioner of Agriculture concisely presents
+the condition, wants, and progress of an interest eminently worthy the
+fostering care of Congress, and exhibits a large measure of useful
+results achieved during the year to which it refers.
+
+The reestablishment of peace at home and the resumption of extended
+trade, travel, and commerce abroad have served to increase the number
+and variety of questions in the Department for Foreign Affairs. None of
+these questions, however, have seriously disturbed our relations with
+other states.
+
+The Republic of Mexico, having been relieved from foreign intervention,
+is earnestly engaged in efforts to reestablish her constitutional system
+of government. A good understanding continues to exist between our
+Government and the Republics of Hayti and San Domingo, and our cordial
+relations with the Central and South American States remain unchanged.
+The tender, made in conformity with a resolution of Congress, of the
+good offices of the Government with a view to an amicable adjustment
+of peace between Brazil and her allies on one side and Paraguay on the
+other, and between Chile and her allies on the one side and Spain on the
+other, though kindly received, has in neither case been fully accepted
+by the belligerents. The war in the valley of the Parana is still
+vigorously maintained. On the other hand, actual hostilities between
+the Pacific States and Spain have been more than a year suspended.
+I shall, on any proper occasion that may occur, renew the conciliatory
+recommendations which have been already made. Brazil, with enlightened
+sagacity and comprehensive statesmanship, has opened the great channels
+of the Amazon and its tributaries to universal commerce. One thing more
+seems needful to assure a rapid and cheering progress in South America.
+I refer to those peaceful habits without which states and nations can
+not in this age well expect material prosperity or social advancement.
+
+The Exposition of Universal Industry at Paris has passed, and seems to
+have fully realized the high expectations of the French Government. If
+due allowance be made for the recent political derangement of industry
+here, the part which the United States has borne in this exhibition of
+invention and art may be regarded with very high satisfaction. During
+the exposition a conference was held of delegates from several nations,
+the United States being one, in which the inconveniences of commerce and
+social intercourse resulting from the diverse standards of money value
+were very fully discussed, and plans were developed for establishing
+by universal consent a common principle for the coinage of gold. These
+conferences are expected to be renewed, with the attendance of many
+foreign states not hitherto represented. A report of these interesting
+proceedings will be submitted to Congress, which will, no doubt, justly
+appreciate the great object and be ready to adopt any measure which may
+tend to facilitate its ultimate accomplishment.
+
+On the 25th of February, 1862, Congress declared by law that Treasury
+notes, without interest, authorized by that act should be legal tender
+in payment of all debts, public and private, within the United States.
+An annual remittance of $30,000, less stipulated expenses, accrues
+to claimants under the convention made with Spain in 1834. These
+remittances, since the passage of that act, have been paid in such
+notes. The claimants insist that the Government ought to require
+payment in coin. The subject may be deemed worthy of your attention.
+
+No arrangement has yet been reached for the settlement of our claims
+for British depredations upon the commerce of the United States. I have
+felt it my duty to decline the proposition of arbitration made by
+Her Majesty's Government, because it has hitherto been accompanied by
+reservations and limitations incompatible with the rights, interest, and
+honor of our country. It is not to be apprehended that Great Britain
+will persist in her refusal to satisfy these just and reasonable claims,
+which involve the sacred principle of nonintervention--a principle
+henceforth not more important to the United States than to all other
+commercial nations.
+
+The West India islands were settled and colonized by European States
+simultaneously with the settlement and colonization of the American
+continent. Most of the colonies planted here became independent nations
+in the close of the last and the beginning of the present century. Our
+own country embraces communities which at one period were colonies of
+Great Britain, France, Spain, Holland, Sweden, and Russia. The people
+in the West Indies, with the exception of those of the island of Hayti,
+have neither attained nor aspired to independence, nor have they become
+prepared for self-defense. Although possessing considerable commercial
+value, they have been held by the several European States which
+colonized or at some time conquered them, chiefly for purposes of
+military and naval strategy in carrying out European policy and designs
+in regard to this continent. In our Revolutionary War ports and harbors
+in the West India islands were used by our enemy, to the great injury
+and embarrassment of the United States. We had the same experience in
+our second war with Great Britain. The same European policy for a long
+time excluded us even from trade with the West Indies, while we were at
+peace with all nations. In our recent civil war the rebels and their
+piratical and blockade-breaking allies found facilities in the same
+ports for the work, which they too successfully accomplished, of
+injuring and devastating the commerce which we are now engaged in
+rebuilding. We labored especially under this disadvantage, that
+European steam vessels employed by our enemies found friendly shelter,
+protection, and supplies in West Indian ports, while our naval
+operations were necessarily carried on from our own distant shores.
+There was then a universal feeling of the want of an advanced naval
+outpost between the Atlantic coast and Europe. The duty of obtaining
+such an outpost peacefully and lawfully, while neither doing nor
+menacing injury to other states, earnestly engaged the attention of the
+executive department before the close of the war, and it has not been
+lost sight of since that time. A not entirely dissimilar naval want
+revealed itself during the same period on the Pacific coast. The
+required foothold there was fortunately secured by our late treaty with
+the Emperor of Russia, and it now seems imperative that the more obvious
+necessities of the Atlantic coast should not be less carefully provided
+for. A good and convenient port and harbor, capable of easy defense,
+will supply that want. With the possession of such a station by the
+United States, neither we nor any other American nation need longer
+apprehend injury or offense from any transatlantic enemy. I agree with
+our early statesmen that the West Indies naturally gravitate to, and
+may be expected ultimately to be absorbed by, the continental States,
+including our own. I agree with them also that it is wise to leave the
+question of such absorption to this process of natural political
+gravitation. The islands of St. Thomas and St. John, which constitute
+a part of the group called the Virgin Islands, seemed to offer us
+advantages immediately desirable, while their acquisition could be
+secured in harmony with the principles to which I have alluded. A treaty
+has therefore been concluded with the King of Denmark for the cession of
+those islands, and will be submitted to the Senate for consideration.
+
+It will hardly be necessary to call the attention of Congress to the
+subject of providing for the payment to Russia of the sum stipulated in
+the treaty for the cession of Alaska. Possession having been formally
+delivered to our commissioner, the territory remains for the present in
+care of a military force, awaiting such civil organization as shall be
+directed by Congress.
+
+The annexation of many small German States to Prussia and the
+reorganization of that country under a new and liberal constitution have
+induced me to renew the effort to obtain a just and prompt settlement of
+the long-vexed question concerning the claims of foreign states for
+military service from their subjects naturalized in the United States.
+
+In connection with this subject the attention of Congress is
+respectfully called to a singular and embarrassing conflict of laws.
+The executive department of this Government has hitherto uniformly held,
+as it now holds, that naturalization in conformity with the Constitution
+and laws of the United States absolves the recipient from his native
+allegiance. The courts of Great Britain hold that allegiance to the
+British Crown is indefeasible, and is not absolved by our laws of
+naturalization. British judges cite courts and law authorities of the
+United States in support of that theory against the position held by the
+executive authority of the United States. This conflict perplexes the
+public mind concerning the rights of naturalized citizens and impairs
+the national authority abroad. I called attention to this subject in my
+last annual message, and now again respectfully appeal to Congress to
+declare the national will unmistakably upon this important question.
+
+The abuse of our laws by the clandestine prosecution of the African
+slave trade from American ports or by American citizens has altogether
+ceased, and under existing circumstances no apprehensions of its renewal
+in this part of the world are entertained. Under these circumstances
+it becomes a question whether we shall not propose to Her Majesty's
+Government a suspension or discontinuance of the stipulations for
+maintaining a naval force for the suppression of that trade.
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 3, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for consideration with a view to ratification, a treaty
+between the United States and His Majesty the King of Denmark,
+stipulating for the cession of the islands of St. Thomas and St. John,
+in the West Indies.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 3, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for consideration with a view to ratification, a treaty of
+friendship, commerce, and navigation between the United States and the
+Republic of Nicaragua, signed at the city of Managua on the 21st day of
+June last. This instrument has been framed pursuant to the amendments
+of the Senate of the United States to the previous treaty between the
+parties of the 16th of March, 1859.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 4, 1867_.
+
+_To the House of Representatives_:
+
+I transmit herewith a final report from the Attorney-General, additional
+to the reports submitted by him December 31, 1866, March 2, 1867, and
+July 8, 1867, in reply to a resolution of the House of Representatives
+December 10, 1866, requesting "a list of the names of all persons
+engaged in the late rebellion against the United States Government who
+have been pardoned by the President from April 15, 1865, to this date;
+that said list shall also state the rank of each person who has been
+so pardoned, if he has been engaged in the military service of the
+so-called Confederate government, and the position if he shall have held
+any civil office under said so-called Confederate government; and shall
+also state whether such person has at anytime prior to April 14, 1861,
+held any office under the United States Government, and, if so, what
+office, together with the reason for granting such pardon, and also the
+names of the person or persons at whose solicitation such pardon was
+granted."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 4, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 26th
+ultimo, a report[30] from the Secretary of State, with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 30: Relating to the removal of J. Lothrop Motley from his post
+as minister of the United States at Vienna.]
+
+
+
+WASHINGTON, _December 5, 1867_.
+
+_To the House of Representatives_:
+
+
+In compliance with the resolution of the House of Representatives of the
+17th July last, requesting me to communicate all information received
+at the several Departments of the Government touching the organization
+within or near the territory of the United States of armed bodies of men
+for the purpose of avenging the death of the Archduke Maximilian or of
+intervening in Mexican affairs, and what measures have been taken to
+prevent the organization or departure of such organized bodies for the
+purpose of carrying out such objects, I transmit a report from the
+Secretary of State and the papers accompanying it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 5, 1867_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, a commercial treaty between the United States of America
+and Her Majesty the Queen of Madagascar, signed at Antananarivo on the
+14th of February last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 10, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 25th
+ultimo, a report[31] from the Secretary of State, with accompanying
+papers.
+
+ANDREW JOHNSON.
+
+[Footnote 31: Relating to the formation and the functions of the
+Government of the united States of North Germany.]
+
+
+
+WASHINGTON, _December 10, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of a dispatch of the 17th of July last, addressed to
+the Secretary of State, and of the papers which accompanied it, from
+Anson Burlingame, esq., minister of the United States to China, relating
+to a proposed modification of the existing treaty between this
+Government and that of China.
+
+The Senate is aware that the original treaty is chiefly _ex parte_
+in its character. The proposed modification, though not of sufficient
+importance to warrant all the usual forms, does not seem to be
+objectionable; but it can not be legally accepted by the executive
+government without the advice and consent of the Senate. If this
+should be given, it may be indicated by a resolution, upon the adoption
+of which the United States minister to China will be instructed to
+inform the Government of that country that the modification has been
+assented to.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 12, 1867_.
+
+_To the Senate of the United States_:
+
+On the 12th of August last I suspended Mr. Stanton from the exercise of
+the office of Secretary of War, and on the same day designated General
+Grant to act as Secretary of War _ad interim_.
+
+The following are copies of the Executive orders:
+
+ EXECUTIVE MANSION,
+ _Washington, August 12, 1867_.
+
+ Hon. EDWIN M. STANTON,
+ _Secretary of War_.
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War _ad interim_,
+ all records, books, and other property now in your custody and charge.
+
+
+ EXECUTIVE MANSION,
+ _Washington, D.C., August 12, 1867_.
+
+ General ULYSSES S. GRANT,
+ _Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day suspended as
+ Secretary of War, you are hereby authorized and empowered to act as
+ Secretary of War _ad interim_, and will at once enter upon the discharge
+ of the duties of the office.
+
+ The Secretary of War has been instructed to transfer to you all the
+ records, books, papers, and other public property now in his custody and
+ charge.
+
+
+The following communication was received from Mr. Stanton:
+
+
+ WAR DEPARTMENT,
+ _Washington City, August 12, 1867_.
+
+ The PRESIDENT.
+
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers and authority vested in you as President by the
+ Constitution and laws of the United States I am suspended from office
+ as Secretary of War, and will cease to exercise any and all functions
+ pertaining to the same, and also directing me at once to transfer to
+ General Ulysses S. Grant, who has this day been authorized and empowered
+ to act as Secretary of War _ad interim_, all records, books, papers, and
+ other public property now in my custody and charge.
+
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+The suspension has not been revoked, and the business of the War
+Department is conducted by the Secretary _ad interim_.
+
+Prior to the date of this suspension I had come to the conclusion that
+the time had arrived when it was proper Mr. Stanton should retire from
+my Cabinet. The mutual confidence and general accord which should exist
+in such a relation had ceased. I supposed that Mr. Stanton was well
+advised that his continuance in the Cabinet was contrary to my wishes,
+for I had repeatedly given him so to understand by every mode short of
+an express request that he should resign. Having waited full time for
+the voluntary action of Mr. Stanton, and seeing no manifestation on his
+part of an intention to resign, I addressed him the following note on
+the 5th of August:
+
+
+ SIR: Public considerations of a high character constrain me to say
+ that your resignation as Secretary of War will be accepted.
+
+
+To this note I received the following reply:
+
+
+ WAR DEPARTMENT,
+ _Washington, August 5, 1867_.
+
+ SIR: Your note of this day has been received, stating that public
+ considerations of a high character constrain you to say that my
+ resignation as Secretary of War will be accepted.
+
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+
+
+This reply of Mr. Stanton was not merely a disinclination of compliance
+with the request for his resignation; it was a defiance, and something
+more. Mr. Stanton does not content himself with assuming that public
+considerations bearing upon his continuance in office form as fully
+a rule of action for himself as for the President, and that upon so
+delicate a question as the fitness of an officer for continuance in his
+office the officer is as competent and as impartial to decide as his
+superior, who is responsible for his conduct. But he goes further, and
+plainly intimates what he means by "public considerations of a high
+character," and this is nothing else than his loss of confidence in his
+superior. He says that these public considerations have "alone induced
+me to continue at the head of this Department," and that they "constrain
+me not to resign the office of Secretary of War before the next meeting
+of Congress."
+
+This language is very significant. Mr. Stanton holds the position
+unwillingly. He continues in office only under a sense of high public
+duty. He is ready to leave when it is safe to leave, and as the danger
+he apprehends from his removal then will not exist when Congress is
+here, he is constrained to remain during the interim. What, then, is
+that danger which can only be averted by the presence of Mr. Stanton or
+of Congress? Mr. Stanton does not say that "public considerations of a
+high character" constrain him to hold on to the office indefinitely. He
+does not say that no one other than himself can at any time be found to
+take his place and perform its duties. On the contrary, he expresses a
+desire to leave the office at the earliest moment consistent with these
+high public considerations. He says, in effect, that while Congress is
+away he must remain, but that when Congress is here he can go. In other
+words, he has lost confidence in the President. He is unwilling to leave
+the War Department in his hands or in the hands of anyone the President
+may appoint or designate to perform its duties. If he resigns, the
+President may appoint a Secretary of War that Mr. Stanton does not
+approve; therefore he will not resign. But when Congress is in session
+the President can not appoint a Secretary of War which the Senate does
+not approve; consequently when Congress meets Mr. Stanton is ready to
+resign.
+
+Whatever cogency these "considerations" may have had on Mr. Stanton,
+whatever right he may have had to entertain such considerations,
+whatever propriety there might be in the expression of them to others,
+one thing is certain, it was official misconduct, to say the least of
+it, to parade them before his superior officer.
+
+Upon the receipt of this extraordinary note I only delayed the order of
+suspension long enough to make the necessary arrangements to fill the
+office. If this were the only cause for his suspension, it would be
+ample. Necessarily it must end our most important official relations,
+for I can not imagine a degree of effrontery which would embolden the
+head of a Department to take his seat at the council table in the
+Executive Mansion after such an act; nor can I imagine a President so
+forgetful of the proper respect and dignity which belong to his office
+as to submit to such intrusion. I will not do Mr. Stanton the wrong to
+suppose that he entertained any idea of offering to act as one of my
+constitutional advisers after that note was written. There was an
+interval of a week between that date and the order of suspension, during
+which two Cabinet meetings were held. Mr. Stanton did not present
+himself at either, nor was he expected.
+
+On the 12th of August Mr. Stanton was notified of his suspension and
+that General Grant had been authorized to take charge of the Department.
+In his answer to this notification, of the same date, Mr. Stanton
+expresses himself as follows:
+
+ Under a sense of public duty I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without any legal cause, to suspend me from
+ office as Secretary of War or the exercise of any or all functions
+ pertaining to the same, or without such advice and consent to compel
+ me to transfer to any person the records, books, papers, and public
+ property in my custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+It will not escape attention that in his note of August 5 Mr. Stanton
+stated that he had been constrained to continue in the office, even
+before he was requested to resign, by considerations of a high public
+character. In this note of August 12 a new and different sense of public
+duty compels him to deny the President's right to suspend him from
+office without the consent of the Senate. This last is the public duty
+of resisting an act contrary to law, and he charges the President with
+violation of the law in ordering his suspension.
+
+Mr. Stanton refers generally to the Constitution and laws of the "United
+States," and says that a sense of public duty "under" these compels him
+to deny the right of the President to suspend him from office. As to his
+sense of duty under the Constitution, that will be considered in the
+sequel. As to his sense of duty under "the laws of the United States,"
+he certainly can not refer to the law which creates the War Department,
+for that expressly confers upon the President the unlimited right to
+remove the head of the Department. The only other law bearing upon
+the question is the tenure-of-office act, passed by Congress over the
+Presidential veto March 2, 1867. This is the law which, under a sense
+of public duty, Mr. Stanton volunteers to defend.
+
+There is no provision in this law which compels any officer coming
+within its provisions to remain in office. It forbids removals--not
+resignations. Mr. Stanton was perfectly free to resign at any moment,
+either upon his own motion or in compliance with a request or an order.
+It was a matter of choice or of taste. There was nothing compulsory in
+the nature of legal obligation. Nor does he put his action upon that
+imperative ground. He says he acts under a "sense of public duty," not
+of legal obligation, compelling him to hold on and leaving him no
+choice. The public duty which is upon him arises from the respect which
+he owes to the Constitution and the laws, violated in his own case.
+He is therefore compelled by this sense of public duty to vindicate
+violated law and to stand as its champion.
+
+This was not the first occasion in which Mr. Stanton, in discharge of
+a public duty, was called upon to consider the provisions of that law.
+That tenure-of-office law did not pass without notice. Like other acts,
+it was sent to the President for approval. As is my custom, I submitted
+its consideration to my Cabinet for their advice upon the question
+whether I should approve it or not. It was a grave question of
+constitutional law, in which I would, of course, rely most upon the
+opinion of the Attorney-General and of Mr. Stanton, who had once been
+Attorney-General.
+
+Every member of my Cabinet advised me that the proposed law was
+unconstitutional. All spoke without doubt or reservation, but Mr.
+Stanton's condemnation of the law was the most elaborate and emphatic.
+He referred to the constitutional provisions, the debates in Congress,
+especially to the speech of Mr. Buchanan when a Senator, to the
+decisions of the Supreme Court, and to the usage from the beginning of
+the Government through every successive Administration, all concurring
+to establish the right of removal as vested by the Constitution in the
+President. To all these he added the weight of his own deliberate
+judgment, and advised me that it was my duty to defend the power of
+the President from usurpation and to veto the law.
+
+I do not know when a sense of public duty is more imperative upon a head
+of Department than upon such an occasion as this. He acts then under the
+gravest obligations of law, for when he is called upon by the President
+for advice it is the Constitution which speaks to him. All his other
+duties are left by the Constitution to be regulated by statute, but this
+duty was deemed so momentous that it is imposed by the Constitution
+itself.
+
+After all this I was not prepared for the ground taken by Mr. Stanton in
+his note of August 12. I was not prepared to find him compelled by a new
+and indefinite sense of public duty, under "the Constitution," to assume
+the vindication of a law which, under the solemn obligations of public
+duty imposed by the Constitution itself, he advised me was a violation
+of that Constitution. I make great allowance for a change of opinion,
+but such a change as this hardly falls within the limits of greatest
+indulgence.
+
+Where our opinions take the shape of advice, and influence the action
+of others, the utmost stretch of charity will scarcely justify us in
+repudiating them when they come to be applied to ourselves.
+
+But to proceed with the narrative. I was so much struck with the full
+mastery of the question manifested by Mr. Stanton, and was at the time
+so fully occupied with the preparation of another veto upon the pending
+reconstruction act, that I requested him to prepare the veto upon this
+tenure-of-office bill. This he declined, on the ground of physical
+disability to undergo at the time the labor of writing, but stated his
+readiness to furnish what aid might be required in the preparation of
+materials for the paper.
+
+At the time this subject was before the Cabinet it seemed to be taken
+for granted that as to those members of the Cabinet who had been
+appointed by Mr. Lincoln their tenure of office was not fixed by the
+provisions of the act. I do not remember that the point was distinctly
+decided, but I well recollect that it was suggested by one member of the
+Cabinet who was appointed by Mr. Lincoln, and that no dissent was
+expressed.
+
+Whether the point was well taken or not did not seem to me of any
+consequence, for the unanimous expression of opinion against the
+constitutionality and policy of the act was so decided that I felt no
+concern, so far as the act had reference to the gentlemen then present,
+that I would be embarrassed in the future. The bill had not then become
+a law. The limitation upon the power of removal was not yet imposed, and
+there was yet time to make any changes. If any one of these gentlemen
+had then said to me that he would avail himself of the provisions of
+that bill in case it became a law, I should not have hesitated a moment
+as to his removal. No pledge was then expressly given or required.
+But there are circumstances when to give an expressed pledge is not
+necessary, and when to require it is an imputation of possible bad
+faith. I felt that if these gentlemen came within the purview of the
+bill it was as to them a dead letter, and that none of them would ever
+take refuge under its provisions.
+
+I now pass to another subject. When, on the 15th of April, 1865, the
+duties of the Presidential office devolved upon me, I found a full
+Cabinet of seven members, all of them selected by Mr. Lincoln.
+I made no change. On the contrary, I shortly afterwards ratified a
+change determined upon by Mr. Lincoln, but not perfected at his death,
+and admitted his appointee, Mr. Harlan, in the place of Mr. Usher, who
+was in office at the time.
+
+The great duty of the time was to reestablish government, law, and order
+in the insurrectionary States. Congress was then in recess, and the
+sudden overthrow of the rebellion required speedy action. This grave
+subject had engaged the attention of Mr. Lincoln in the last days of his
+life, and the plan according to which it was to be managed had been
+prepared and was ready for adoption. A leading feature of that plan was
+that it should be carried out by the Executive authority, for, so far as
+I have been informed, neither Mr. Lincoln nor any member of his Cabinet
+doubted his authority to act or proposed to call an extra session of
+Congress to do the work. The first business transacted in Cabinet after
+I became President was this unfinished business of my predecessor.
+A plan or scheme of reconstruction was produced which had been prepared
+for Mr. Lincoln by Mr. Stanton, his Secretary of War. It was approved,
+and at the earliest moment practicable was applied in the form of a
+proclamation to the State of North Carolina, and afterwards became the
+basis of action in turn for the other States.
+
+Upon the examination of Mr. Stanton before the Impeachment Committee he
+was asked the following question:
+
+ Did any one of the Cabinet express a doubt of the power of the executive
+ branch of the Government to reorganize State governments which had been
+ in rebellion without the aid of Congress?
+
+
+He answered:
+
+ None whatever. I had myself entertained no doubt of the authority of the
+ President to take measures for the organization of the rebel States on
+ the plan proposed during the vacation of Congress and agreed in the plan
+ specified in the proclamation in the case of North Carolina.
+
+
+There is perhaps no act of my Administration for which I have been more
+denounced than this. It was not originated by me, but I shrink from no
+responsibility on that account, for the plan approved itself to my own
+judgment, and I did not hesitate to carry it into execution.
+
+Thus far and upon this vital policy there was perfect accord between the
+Cabinet and myself, and I saw no necessity for a change. As time passed
+on there was developed an unfortunate difference of opinion and of
+policy between Congress and the President upon this same subject and
+upon the ultimate basis upon which the reconstruction of these States
+should proceed, especially upon the question of negro suffrage. Upon
+this point three members of the Cabinet found themselves to be in
+sympathy with Congress. They remained only long enough to see that the
+difference of policy could not be reconciled. They felt that they should
+remain no longer, and a high sense of duty and propriety constrained
+them to resign their positions. We parted with mutual respect for the
+sincerity of each other in opposite opinions, and mutual regret that the
+difference was on points so vital as to require a severance of official
+relations. This was in the summer of 1866. The subsequent sessions of
+Congress developed new complications, when the suffrage bill for the
+District of Columbia and the reconstruction acts of March 2 and March
+23, 1867, all passed over the veto. It was in Cabinet consultations upon
+these bills that a difference of opinion upon the most vital points was
+developed. Upon these questions there was perfect accord between all the
+members of the Cabinet and myself, except Mr. Stanton. He stood alone,
+and the difference of opinion could not be reconciled. That unity of
+opinion which, upon great questions of public policy or administration,
+is so essential to the Executive was gone.
+
+I do not claim that a head of Department should have no other opinions
+than those of the President. He has the same right, in the conscientious
+discharge of duty, to entertain and express his own opinions as has the
+President. What I do claim is that the President is the responsible head
+of the Administration, and when the opinions of a head of Department are
+irreconcilably opposed to those of the President in grave matters of
+policy and administration there is but one result which can solve the
+difficulty, and that is a severance of the official relation. This in
+the past history of the Government has always been the rule, and it is a
+wise one, for such differences of opinion among its members must impair
+the efficiency of any Administration.
+
+I have now referred to the general grounds upon which the withdrawal
+or Mr. Stanton from my Administration seemed to me to be proper and
+necessary, but I can not omit to state a special ground, which, if it
+stood alone, would vindicate my action.
+
+The sanguinary riot which occurred in the city of New Orleans on the
+30th of August, 1866, justly aroused public indignation and public
+inquiry, not only as to those who were engaged in it, but as to those
+who, more or less remotely, might be held to responsibility for its
+occurrence. I need not remind the Senate of the effort made to fix that
+responsibility on the President. The charge was openly made, and again
+and again reiterated all through the land, that the President was warned
+in time, but refused to interfere.
+
+By telegrams from the lieutenant-governor and attorney-general of
+Louisiana, dated the 27th and 28th of August, I was advised that a body
+of delegates claiming to be a constitutional convention were about to
+assemble in New Orleans; that the matter was before the grand jury, but
+that it would be impossible to execute civil process without a riot; and
+this question was asked:
+
+ Is the military to interfere to prevent process of court?
+
+
+This question was asked at a time when the civil courts were in the full
+exercise of their authority, and the answer sent by telegraph on the
+same 28th of August was this:
+
+ The military will be expected to sustain, and not to interfere with,
+ the proceedings of the courts.
+
+
+On the same 28th of August the following telegram was sent to Mr.
+Stanton by Major-General Baird, then (owing to the absence of General
+Sheridan) in command of the military at New Orleans:
+
+
+ Hon. EDWIN M. STANTON,
+ _Secretary of War_:
+
+ A convention has been called, with the sanction of Governor Wells, to
+ meet here on Monday. The lieutenant-governor and city authorities think
+ it unlawful, and propose to break it up by arresting the delegates.
+ I have given no orders on the subject, but have warned the parties that
+ I could not countenance or permit such action without instructions to
+ that effect from the President. Please instruct me at once by telegraph.
+
+
+The 28th of August was on Saturday. The next morning, the 29th, this
+dispatch was received by Mr. Stanton at his residence in this city. He
+took no action upon it, and neither sent instructions to General Baird
+himself nor presented it to me for such instructions. On the next day
+(Monday) the riot occurred. I never saw this dispatch from General Baird
+until some ten days or two weeks after the riot, when, upon my call for
+all the dispatches, with a view to their publication, Mr. Stanton sent
+it to me.
+
+These facts all appear in the testimony of Mr. Stanton before the
+Judiciary Committee in the impeachment investigation.
+
+On the 30th, the day of the riot, and after it was suppressed, General
+Baird wrote to Mr. Stanton a long letter, from which I make the
+following extract:
+
+ SIR: I have the honor to inform you that a very serious riot has
+ occurred here to-day. I had not been applied to by the convention
+ for protection, but the lieutenant-governor and the mayor had freely
+ consulted with me, and I was so fully convinced that it was so strongly
+ the intent of the city authorities to preserve the peace, in order to
+ prevent military interference, that I did not regard an outbreak as a
+ thing to be apprehended. The lieutenant-governor had assured me that
+ even if a writ of arrest was issued by the court the sheriff would not
+ attempt to serve it without my permission, and for to-day they designed
+ to suspend it. I inclose herewith copies of my correspondence with the
+ mayor and of a dispatch which the lieutenant-governor claims to have
+ received from the President. I regret that no reply to my dispatch to
+ you of Saturday has yet reached me. General Sheridan is still absent
+ in Texas.
+
+
+The dispatch of General Baird of the 28th asks for immediate
+instructions, and his letter of the 30th, after detailing the terrible
+riot which had just happened, ends with the expression of regret that
+the instructions which he asked for were not sent. It is not the fault
+or the error or the omission of the President that this military
+commander was left without instructions; but for all omissions, for
+all errors, for all failures to instruct when instruction might have
+averted this calamity, the President was openly and persistently held
+responsible. Instantly, without waiting for proof, the delinquency of
+the President was heralded in every form of utterance. Mr. Stanton knew
+then that the President was not responsible for this delinquency. The
+exculpation was in his power, but it was not given by him to the public,
+and only to the President in obedience to a requisition for all the
+dispatches.
+
+No one regrets more than myself that General Baird's request was not
+brought to my notice. It is clear from his dispatch and letter that if
+the Secretary of War had given him proper instructions the riot which
+arose on the assembling of the convention would have been averted.
+
+There may be those ready to say that I would have given no instructions
+even if the dispatch had reached me in time, but all must admit that
+I ought to have had the opportunity.
+
+The following is the testimony given by Mr. Stanton before the
+impeachment investigation committee as to this dispatch:
+
+
+ Q. Referring to the dispatch of the 28th of July by General Baird, I ask
+ you whether that dispatch on its receipt was communicated?
+
+ A. I received that dispatch on Sunday forenoon. I examined it carefully,
+ and considered the question presented. I did not see that I could give
+ any instructions different from the line of action which General Baird
+ proposed, and made no answer to the dispatch.
+
+ Q. I see it stated that this was received at 10.20 p.m. Was that the
+ hour at which it was received by you?
+
+ A. That is the date of its reception in the telegraph office Saturday
+ night. I received it on Sunday forenoon at my residence. A copy of the
+ dispatch was furnished to the President several days afterwards, along
+ with all the other dispatches and communications on that subject, but it
+ was not furnished by me before that time. I suppose it may have been ten
+ or fifteen days afterwards.
+
+ Q. The President himself being in correspondence with those parties upon
+ the same subject, would it not have been proper to have advised him of
+ the reception of that dispatch?
+
+ A. I know nothing about his correspondence, and know nothing about any
+ correspondence except this one dispatch. We had intelligence of the riot
+ on Thursday morning. The riot had taken place on Monday.
+
+
+It is a difficult matter to define all the relations which exist between
+the heads of Departments and the President. The legal relations are well
+enough defined. The Constitution places these officers in the relation
+of his advisers when he calls upon them for advice. The acts of Congress
+go further. Take, for example, the act of 1789 creating the War
+Department. It provides that--
+
+ There shall be a principal officer therein to be called the Secretary
+ for the Department of War, who shall perform and execute such duties
+ as shall from time to time be enjoined on or intrusted to him by the
+ President of the United States; and, furthermore, the said principal
+ officer shall conduct the business of the said Department in such manner
+ as the President of the United States shall from time to time order and
+ instruct.
+
+
+Provision is also made for the appointment of an inferior officer by the
+head of the Department, to be called the chief clerk, "who, whenever
+said principal officer shall be removed from office by the President
+of the United States," shall have the charge and custody of the books,
+records, and papers of the Department.
+
+The legal relation is analogous to that of principal and agent. It is
+the President upon whom the Constitution devolves, as head of the
+executive department, the duty to see that the laws are faithfully
+executed; but as he can not execute them in person, he is allowed to
+select his agents, and is made responsible for their acts within just
+limits. So complete is this presumed delegation of authority in the
+relation of a head of Department to the President that the Supreme Court
+of the United States have decided that an order made by a head of
+Department is presumed to be made by the President himself.
+
+The principal, upon whom such responsibility is placed for the acts
+of a subordinate, ought to be left as free as possible in the matter
+of selection and of dismissal. To hold him to responsibility for an
+officer beyond his control; to leave the question of the fitness of
+such an agent to be decided _for_ him and not _by_ him; to allow such
+a subordinate, when the President, moved by "public considerations of
+a high character," requests his resignation, to assume for himself an
+equal right to act upon his own views of "public considerations" and to
+make his own conclusions paramount to those of the President--to allow
+all this is to reverse the just order of administration and to place
+the subordinate above the superior.
+
+There are, however, other relations between the President and
+a head of Department beyond these defined legal relations, which
+necessarily attend them, though not expressed. Chief among these is
+mutual confidence. This relation is so delicate that it is sometimes
+hard to say when or how it ceases. A single flagrant act may end
+it at once, and then there is no difficulty. But confidence may be
+just as effectually destroyed by a series of causes too subtle for
+demonstration. As it is a plant of slow growth, so, too, it may be
+slow in decay. Such has been the process here. I will not pretend to say
+what acts or omissions have broken up this relation. They are hardly
+susceptible of statement, and still less of formal proof. Nevertheless,
+no one can read the correspondence of the 5th of August without being
+convinced that this relation was effectually gone on both sides, and
+that while the President was unwilling to allow Mr. Stanton to remain
+in his Administration, Mr. Stanton was equally unwilling to allow the
+President to carry on his Administration without his presence.
+
+In the great debate which took place in the House of Representatives
+in 1789, in the first organization of the principal Departments, Mr.
+Madison spoke as follows:
+
+ It is evidently the intention of the Constitution that the first
+ magistrate should be responsible for the executive department. So far,
+ therefore, as we do not make the officers who are to aid him in the
+ duties of that department responsible to him, he is not responsible
+ to the country. Again: Is there no danger that an officer, when he is
+ appointed by the concurrence of the Senate and has friends in that body,
+ may choose rather to risk his establishment on the favor of that branch
+ than rest it upon the discharge of his duties to the satisfaction of the
+ executive branch, which is constitutionally authorized to inspect and
+ control his conduct? And if it should happen that the officers connect
+ themselves with the Senate, they may mutually support each other, and
+ for want of efficacy reduce the power of the President to a mere
+ vapor, in which case his responsibility would be annihilated, and the
+ expectation of it is unjust. The high executive officers, joined in
+ cabal with the Senate, would lay the foundation of discord, and end in
+ an assumption of the executive power only to be removed by a revolution
+ in the Government.
+
+
+Mr. Sedgwick, in the same debate, referring to the proposition that
+a head of Department should only be removed or suspended by the
+concurrence of the Senate, used this language:
+
+ But if proof be necessary, what is then the consequence? Why, in nine
+ cases out of ten, where the case is very clear to the mind of the
+ President that the man ought to be removed, the effect can not be
+ produced, because it is absolutely impossible to produce the necessary
+ evidence. Are the Senate to proceed without evidence? Some gentlemen
+ contend not. Then the object will be lost. Shall a man under these
+ circumstances be saddled upon the President who has been appointed for
+ no other purpose but to aid the President in performing certain duties?
+ Shall he be continued, I ask again, against the will of the President?
+ If he is, where is the responsibility? Are you to look for it in the
+ President, who has no control over the officer, no power to remove him
+ if he acts unfeelingly or unfaithfully? Without you make him responsible
+ you weaken and destroy the strength and beauty of your system. What is
+ to be done in cases which can only be known from a long acquaintance
+ with the conduct of an officer?
+
+
+I had indulged the hope that upon the assembling of Congress
+Mr. Stanton would have ended this unpleasant complication according
+to his intimation given in his note of August 12. The duty which I have
+felt myself called upon to perform was by no means agreeable, but I feel
+that I am not responsible for the controversy or for the consequences.
+
+Unpleasant as this necessary change in my Cabinet has been to me upon
+personal considerations, I have the consolation to be assured that so
+far as the public interests are involved there is no cause for regret.
+
+Salutary reforms have been introduced by the Secretary _ad interim_, and
+great reductions of expenses have been effected under his administration
+of the War Department, to the saving of millions to the Treasury.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 14, 1867_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution of the House of Representatives of the
+9th instant, I transmit herewith a copy of the papers relating to the
+trial by a military commission of Albert M.D.C. Lusk, of Louisiana.
+No action in the case has yet been taken by the President.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the House of Representatives_:
+
+I transmit for the information of the House of Representatives a report
+from the Secretary of State, with an accompanying paper.[32]
+
+ANDREW JOHNSON.
+
+[Footnote 32: Report of George H. Sharpe relative to the assassination
+of President Lincoln and the attempted assassination of Secretary
+Seward.]
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 6th instant,
+concerning the International Monetary Conference held at Paris in
+June last, I transmit a report from the Secretary of State, which
+is accompanied by the papers called for by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 17, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate, an agreement between
+the diplomatic representatives of certain foreign powers in Japan,
+including the minister of the United States, on the one part, and
+plenipotentiaries on the part of the Japanese Government, relative
+to the settlement of Yokohama.
+
+This instrument can not be legally binding upon the United States unless
+sanctioned by the Senate. There appears to be no objection to its
+approval.
+
+A copy of General Van Valkenburgh's dispatch to the Secretary of State,
+by which the agreement was accompanied, and of the map to which it
+refers, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _December 18, 1867_.
+
+_Gentlemen of the Senate and of the House of Representatives_:
+
+An official copy of the order issued by Major-General Winfield S.
+Hancock, commander of the Fifth Military District, dated headquarters in
+New Orleans, La., on the 29th day of November, has reached me through
+the regular channels of the War Department, and I herewith communicate
+it to Congress for such action as may seem to be proper in view of all
+the circumstances.
+
+It will be perceived that General Hancock announces that he will make
+the law the rule of his conduct; that he will uphold the courts and
+other civil authorities in the performance of their proper duties, and
+that he will use his military power only to preserve the peace and
+enforce the law. He declares very explicitly that the sacred right of
+the trial by jury and the privilege of the writ of _habeas corpus_ shall
+not be crushed out or trodden under foot. He goes further, and in one
+comprehensive sentence asserts that the principles of American liberty
+are still the inheritance of this people and ever should be.
+
+When a great soldier, with unrestricted power in his hands to oppress
+his fellow-men, voluntarily foregoes the chance of gratifying his
+selfish ambition and devotes himself to the duty of building up the
+liberties and strengthening the laws of his country, he presents an
+example of the highest public virtue that human nature is capable of
+practicing. The strongest claim of Washington to be "first in war,
+first in peace, and first in the hearts of his countrymen" is founded
+on the great fact that in all his illustrious career he scrupulously
+abstained from violating the legal and constitutional rights of his
+fellow-citizens. When he surrendered his commission to Congress, the
+President of that body spoke his highest praise in saying that he had
+"always regarded the rights of the civil authorities through all dangers
+and disasters." Whenever power above the law courted his acceptance, he
+calmly put the temptation aside. By such magnanimous acts of forbearance
+he won the universal admiration of mankind and left a name which has no
+rival in the history of the world.
+
+I am far from saying that General Hancock is the only officer of the
+American Army who is influenced by the example of Washington. Doubtless
+thousands of them are faithfully devoted to the principles for which the
+men of the Revolution laid down their lives. But the distinguished honor
+belongs to him of being the first officer in high command south of the
+Potomac, since the close of the civil war, who has given utterance to
+these noble sentiments in the form of a military order.
+
+I respectfully suggest to Congress that some public recognition of
+General Hancock's patriotic conduct is due, if not to him, to the friends
+of law and justice throughout the country. Of such an act as his at such
+a time it is but fit that the dignity should be vindicated and the virtue
+proclaimed, so that its value as an example may not be lost to the nation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 19, 1867_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to a resolution of that body
+of the 16th instant, a report[33] from the Secretary of State, with
+accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 33: Relating to the removal of Governor Ballard, of the
+Territory of Idaho.]
+
+
+
+WASHINGTON, _December 20, 1867_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit to Congress a report, dated the 20th instant,
+with the accompanying papers, received from the Secretary of State in
+compliance with the requirements of the eighteenth section of the act
+entitled "An act to regulate the diplomatic and consular systems of
+the United States," approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 31, 1867_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the
+18th instant, requesting information concerning alleged interference
+by Russian naval vessels with whaling vessels of the United States,
+I transmit a report from the Secretary of State and the papers referred
+to therein.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 6, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report from the Secretary of the
+Treasury, containing the information requested in their resolution of
+the 16th ultimo, relative to the amount of United States bonds issued to
+the Union Pacific Railroad Company and each of its branches, including
+the Central Pacific Railroad Company of California.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of yesterday, making inquiry
+how many and what State legislatures have ratified the proposed
+amendment to the Constitution of the United States known as the
+fourteenth article.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1868_.
+
+_To the Senate and House of Representatives_:
+
+A Spanish steamer named _Nuestra Senora_ being in the harbor of Port
+Royal, S.C., on the 1st of December, 1861, Brigadier General T.W.
+Sherman, who was in command of the United States forces there, received
+information which he supposed justified him in seizing her, as she was
+on her way from Charleston to Havana with insurgent correspondence on
+board. The seizure was made accordingly, and during the ensuing spring
+the vessel was sent to New York, in order that the legality of the
+seizure might be tried.
+
+By a decree of June 20, 1863, Judge Betts ordered the vessel to be
+restored, and by a subsequent decree, of October 15, 1863, he referred
+the adjustment of damages to amicable negotiations between the two
+Governments.
+
+While the proceeding in admiralty was pending, the vessel was appraised
+and taken by the Navy Department at the valuation of $28,000, which sum
+that Department paid into the Treasury.
+
+As the amount of this valuation can not legally be drawn from the
+Treasury without authority from Congress, I recommend an appropriation
+for that purpose.
+
+It is proposed to appoint a commissioner on the part of this Government
+to adjust, informally in this case, with a similar commissioner on the
+part of Spain, the question of damages, the commissioners to name an
+arbiter for points upon which they may disagree. When the amount of the
+damages shall thus have been ascertained, application will be made to
+Congress for a further appropriation toward paying them.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 14, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of War _ad
+interim_, with the accompanying papers, prepared in compliance with a
+resolution of the House of Representatives of March 15, 1867, requesting
+information in reference to contracts for ordnance projectiles and small
+arms.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 14, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the report made by the commissioners appointed under
+the act of Congress approved on the 20th day of July, 1867, entitled
+"An act to establish peace with certain hostile Indian tribes," together
+with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 14, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of yesterday, calling for
+information relating to the appointment of the American minister at
+Pekin to a diplomatic or other mission on behalf of the Chinese
+Government by the Emperor of China, I transmit a report from the
+Secretary of State upon the subject, together with the accompanying
+papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON CITY, _January 14, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+the following treaties, concluded at "Medicine Lodge Creek," Kansas,
+between the Indian tribes therein named and the United States, by their
+commissioners appointed by the act of Congress approved July 20, 1867,
+entitled "An act to establish peace with certain hostile Indian tribes,"
+viz:
+
+A treaty with the Kiowa and Comanche tribes, concluded October 21, 1867.
+
+A treaty with the Kiowa, Comanche, and Apache tribes, concluded October
+28, 1867.
+
+A treaty with the Arapahoe and Cheyenne tribes, dated October 28, 1867.
+
+A letter of this date from the Secretary of the Interior, transmitting
+said treaties, is herewith inclosed.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 17, 1868_.
+
+_To the Senate of the United States_:
+
+With reference to the convention between the United States and Denmark
+for the cession of the islands of St. Thomas and St. John, in the West
+Indies, I transmit a report from the Secretary of State on the subject
+of the vote of St. Thomas on the question of accepting the cession.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 23, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the request of the Senate of yesterday, I return
+herewith their resolution of the 21st instant, calling for information
+in reference to James A. Seddon, late Secretary of War of the so-called
+Confederate States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 23, 1868_.
+
+_To the Senate of the United States_:
+
+I have received the following preamble and resolution, adopted by the
+Senate on the 8th instant:
+
+
+ Whereas Senate bill No. 141, and entitled "An act for the further
+ security of equal rights in the District of Columbia," having at this
+ present session passed both Houses of Congress, was afterwards, on the
+ 11th day of December, 1867, duly presented to the President of the
+ United States for his approval and signature; and
+
+ Whereas more than ten days, exclusive of Sundays, have since elapsed in
+ this session without said bill having been returned, either approved or
+ disapproved: Therefore,
+
+ _Resolved_, That the President of the United States be requested to
+ inform the Senate whether said bill has been delivered to and received
+ by the Secretary of State, as provided by the second section of the act
+ of the 27th day of July, 1789.
+
+
+As the act which the resolution mentions has no relevancy to the subject
+under inquiry, it is presumed that it was the intention of the Senate to
+refer to the law of the 15th September, 1789, the second section of
+which prescribes--
+
+ That whenever a bill, order, resolution, or vote of the Senate and
+ House of Representatives, having been approved and signed by the
+ President of the United States, or not having been returned by him with
+ his objections, shall become a law or take effect, it shall forthwith
+ thereafter be received by the said Secretary from the President; and
+ whenever a bill, order, resolution, or vote shall be returned by the
+ President with his objections, and shall, on being reconsidered, be
+ agreed to be passed, and be approved by two-thirds of both Houses of
+ Congress, and thereby become a law or take effect, it shall in such
+ case be received by the said Secretary from the President of the Senate
+ or the Speaker of the House of Representatives, in whichsoever House it
+ shall last have been so approved.
+
+
+Inasmuch as the bill "for the further security of equal rights in the
+District of Columbia" has not become a law in either of the modes
+designated in the section above quoted, it has not been delivered to
+the Secretary of State for record and promulgation. The Constitution
+expressly declares that--
+
+ If any bill shall not be returned by the President within ten days
+ (Sundays excepted) after it shall have been presented to him, the
+ same shall be a law in like manner as if he had signed it, unless
+ the Congress by their adjournment prevent its return, in which case
+ it shall not be a law.
+
+
+As stated in the preamble to the resolution, the bill to which it refers
+was presented for my approval on the 11th day of December, 1867. On the
+20th of same month, and before the expiration of the ten days after the
+presentation of the bill to the President, the two Houses, in accordance
+with a concurrent resolution adopted on the 3d [13th] of December,
+adjourned until the 6th of January, 1868. Congress by their adjournment
+thus prevented the return of the bill within the time prescribed by the
+Constitution, and it was therefore left in the precise condition in
+which that instrument positively declares a bill "shall not be a law."
+
+If the adjournment in December did not cause the failure of this bill,
+because not such an adjournment as is contemplated by the Constitution
+in the clause which I have cited, it must follow that such was the
+nature of the adjournments during the past year, on the 30th day of
+March until the first Wednesday of July and from the 20th of July until
+the 21st of November. Other bills will therefore be affected by the
+decision which may be rendered in this case, among them one having the
+same title as that named in the resolution, and containing similar
+provisions, which, passed by both Houses in the month of July last,
+failed to become a law by reason of the adjournment of Congress before
+ten days for its consideration had been allowed the Executive.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the
+22d instant, calling for a copy of the report of Abram S. Hewitt,
+commissioner of the United States to the Paris Universal Exhibition of
+1867, I transmit a report from the Secretary of State and the papers
+which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a report from the Secretary of State and the documents to
+which it refers, in relation to the formal transfer of territory from
+Russia to the United States in accordance with the treaty of the 30th
+of March last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 28, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to its
+ratification, an additional article to the treaty of navigation and
+commerce with Russia of the 18th of December, 1832, which additional
+article was concluded and signed between the plenipotentiaries of the
+two Governments at Washington on the 27th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, suggesting
+the necessity for a further appropriation toward defraying the expense
+of employing copying clerks, with a view to enable his Department
+seasonably to answer certain calls for information.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 27th
+ultimo, directing the Secretary of State to furnish information in
+regard to the trial of John H. Surratt, I transmit a report from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[34] from the Secretary of State, in answer
+to a resolution of the House of Representatives of the 28th of January.
+
+ANDREW JOHNSON.
+
+[Footnote 34: Relating to the famine in Sweden and Norway.]
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a communication from the Secretary of the Navy,
+relative to depredations upon and the future care of the reservations
+of lands for the "purpose of supplying timber for the Navy of the
+United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 10, 1868_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the 1st
+instant, I transmit herewith a report from the Postmaster-General, in
+reference to the appointment of a special agent to take charge of the
+post-office at Penn Yan, in the State of New York.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, with the accompanying
+papers, on the subject of a transfer of the Peninsula and Bay of Samana
+to the United States. The advice and consent of the Senate to the
+transfer, upon the terms proposed in the draft of a convention with the
+Dominican Republic, are requested.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I submit to the Senate, for its consideration with a view to
+ratification, the accompanying consular convention between the
+United States and the Government of His Majesty the King of Italy.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, prepared
+in compliance with the resolution of the Senate of the 30th ultimo,
+requesting information as to the number of justices of the peace now
+in commission in each ward, respectively, of the city of Washington.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 10, 1868_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 25th
+of November, 1867, calling for information in relation to the trial and
+conviction of American citizens in Great Britain and Ireland for the
+two years last past, I transmit a partial report from the Secretary of
+State, which is accompanied by a portion of the papers called for by
+the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 11, 1868_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution adopted yesterday by the House of
+Representatives, requesting any further correspondence the President
+"may have had with General U.S. Grant, in addition to that heretofore
+submitted, on the subject of the recent vacation by the latter of the
+War Office," I transmit herewith a copy of a communication addressed
+to General Grant on the 10th instant, together with a copy of the
+accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 10, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Armies of the United States, Washington, D.C._
+
+GENERAL: The extraordinary character of your letter of the 3d instant[35]
+would seem to preclude any reply on my part; but the manner in which
+publicity has been given to the correspondence of which that letter
+forms a part and the grave questions which are involved induce me to
+take this mode of giving, as a proper sequel to the communications which
+have passed between us, the statements of the five members of the
+Cabinet who were present on the occasion of our conversation on the 14th
+ultimo. Copies of the letters which they have addressed to me upon the
+subject are accordingly herewith inclosed.
+
+You speak of my letter of the 31st ultimo[36] as a reiteration of the
+"many and gross misrepresentations" contained in certain newspaper
+articles, and reassert the correctness of the statements contained in
+your communication of the 28th ultimo,[37] adding--and here I give your
+own words--"anything in yours in reply to it to the contrary
+notwithstanding."
+
+When a controversy upon matters of fact reaches the point to which this
+has been brought, further assertion or denial between the immediate
+parties should cease, especially where upon either side it loses
+the character of the respectful discussion which is required by the
+relations in which the parties stand to each other and degenerates in
+tone and temper. In such a case, if there is nothing to rely upon but
+the opposing statements, conclusions must be drawn from those statements
+alone and from whatever intrinsic probabilities they afford in favor of
+or against either of the parties. I should not shrink from this test in
+this controversy; but, fortunately, it is not left to this test alone.
+There were five Cabinet officers present at the conversation the detail
+of which in my letter of the 28th [31st[37]] ultimo you allow yourself
+to say contains "many and gross misrepresentations." These gentlemen
+heard that conversation and have read my statement. They speak for
+themselves, and I leave the proof without a word of comment.
+
+I deem it proper before concluding this communication to notice some of
+the statements contained in your letter.
+
+You say that a performance of the promises alleged to have been made by
+you to the President "would have involved a resistance to law and an
+inconsistency with the whole history of my connection with the
+suspension of Mr. Stanton." You then state that you had fears the
+President would, on the removal of Mr. Stanton, appoint someone in his
+place who would embarrass the Army in carrying out the reconstruction
+acts, and add:
+
+"It was to prevent such an appointment that I accepted the office of
+Secretary of War _ad interim_, and not for the purpose of enabling you
+to get rid of Mr. Stanton by withholding it from him in opposition to
+law, or, not doing so myself, surrendering it to one who would, as the
+statements and assumptions in your communication plainly indicate was
+sought."
+
+First of all, you here admit that from the very beginning of what
+you term "the whole history" of your connection with Mr. Stanton's
+suspension you intended to circumvent the President. It was to carry out
+that intent that you accepted the appointment. This was in your mind at
+the time of your acceptance. It was not, then, in obedience to the order
+of your superior, as has heretofore been supposed, that you assumed the
+duties of the office. You knew it was the President's purpose to prevent
+Mr. Stanton from resuming the office of Secretary of War, and you
+intended to defeat that purpose. You accepted the office, not in the
+interest of the President but of Mr. Stanton. If this purpose, so
+entertained by you, had been confined to yourself; if when accepting
+the office you had done so with a mental reservation to frustrate the
+President, it would have been a tacit deception. In the ethics of some
+persons such a course is allowable. But you can not stand even upon
+that questionable ground. The "history" of your connection with this
+transaction, as written by yourself, places you in a different
+predicament, and shows that you not only concealed your design from
+the President, but induced him to suppose that you would carry out his
+purpose to keep Mr. Stanton out of office by retaining it yourself after
+an attempted restoration by the Senate, so as to require Mr. Stanton to
+establish his right by judicial decision.
+
+I now give that part of this "history" as written by yourself in your
+letter of the 28th ultimo:[38]
+
+"Some time after I assumed the duties of Secretary of War _ad interim_
+the President asked me my views as to the course Mr. Stanton would have
+to pursue, in case the Senate should not concur in his suspension, to
+obtain possession of his office. My reply was, in substance, that
+Mr. Stanton would have to appeal to the courts to reinstate him,
+illustrating my position by citing the ground I had taken in the case
+of the Baltimore police commissioners."
+
+Now, at that time, as you admit in your letter of the 3d instant,[39]
+you held the office for the very object of defeating an appeal to the
+courts. In that letter you say that in accepting the office one motive
+was to prevent the President from appointing some other person who would
+retain possession, and thus make judicial proceedings necessary. You
+knew the President was unwilling to trust the office with anyone who
+would not by holding it compel Mr. Stanton to resort to the courts.
+You perfectly understood that in this interview, "some time" after
+you accepted the office, the President, not content with your silence,
+desired an expression of your views, and you answered him that Mr.
+Stanton "would have to appeal to the courts." If the President reposed
+confidence _before_ he knew your views, and that confidence had been
+violated, it might have been said he made a mistake; but a violation of
+confidence reposed _after_ that conversation was no mistake of his nor
+of yours. It is the fact only that needs be stated, that at the date of
+this conversation you did not intend to hold the office with the purpose
+of forcing Mr. Stanton into court, but did hold it then and had accepted
+it to prevent that course from being carried out. In other words, you
+said to the President, "That is the proper course," and you said to
+yourself, "I have accepted this office, and now hold it to defeat that
+course." The excuse you make in a subsequent paragraph of that letter
+of the 28th ultimo,[38] that afterwards you changed your views as to
+what would be a proper course, has nothing to do with the point now
+under consideration. The point is that _before_ you changed your views
+you had secretly determined to do the very thing which at last you
+did--surrender the office to Mr. Stanton. You may have changed your
+views as to the law, but you certainly did not change your views as
+to the course you had marked out for yourself from the beginning.
+
+I will only notice one more statement in your letter of the 3d
+instant[39]--that the performance of the promises which it is alleged
+were made by you would have involved you in the resistance of law. I
+know of no statute that would have been violated had you, carrying out
+your promises in good faith, tendered your resignation when you
+concluded not to be made a party in any legal proceedings. You add:
+
+"I am in a measure confirmed in this conclusion by your recent orders
+directing me to disobey orders from the Secretary of War, _my superior_
+and your subordinate, without having countermanded his authority to
+issue the orders I am to disobey."
+
+On the 24th[39] ultimo you addressed a note to the President requesting
+in writing an order given to you verbally five days before to disregard
+orders from Mr. Stanton as Secretary of War until you "knew from the
+President himself that they were his orders."
+
+On the 29th,[40] in compliance with your request, I did give you
+instructions in writing "not to obey any order from the War Department
+assumed to be issued by the direction of the President unless such order
+is known by the General Commanding the armies of the United States to
+have been authorized by the Executive."
+
+There are some orders which a Secretary of War may issue without the
+authority of the President; there are others which he issues simply as
+the agent of the President, and which purport to be "by direction" of
+the President. For such orders the President is responsible, and he
+should therefore know and understand what they are before giving such
+"direction." Mr. Stanton states in his letter of the 4th instant,[41]
+which accompanies the published correspondence, that he "has had no
+correspondence with the President since the 12th of August last;" and
+he further says that since he resumed the duties of the office he has
+continued to discharge them "without any personal or written
+communication with the President;" and he adds, "No orders have been
+issued from this Department in the name of the President with my
+knowledge, and I have received no orders from him."
+
+It thus seems that Mr. Stanton now discharges the duties of the War
+Department without any reference to the President and without using his
+name.
+
+My order to you had only reference to orders "assumed to be issued by
+the direction of the President." It would appear from Mr. Stanton's
+letter that you have received no such orders from him. However, in your
+note to the President of the 30th ultimo,[42] in which you acknowledge
+the receipt of the written order of the 29th,[43] you say that you have
+been informed by Mr. Stanton that he has not received any order limiting
+his authority to issue orders to the Army, according to the practice
+of the Department, and state that "while this authority to the War
+Department is not countermanded it will be satisfactory evidence to
+me that any orders issued from the War Department by direction of the
+President are authorized by the Executive."
+
+The President issues an order to you to obey no order from the War
+Department purporting to be made "by the direction of the President"
+until you have referred it to him for his approval. You reply that you
+have received the President's order and will not obey it, but will obey
+an order purporting to be given by his direction _if it comes from the
+War Department_. You will not obey the direct order of the President,
+but will obey his indirect order. If, as you say, there has been a
+practice in the War Department to issue orders in the name of the
+President without his direction, does not the precise order you have
+requested and have received change the practice as to the General of
+the Army? Could not the President countermand any such order issued to
+you from the War Department? If you should receive an order from that
+Department, issued in the name of the President, to do a special act,
+and an order directly from the President himself not to do the act, is
+there a doubt which you are to obey? You answer the question when you
+say to the President, in your letter of the 3d instant,[44] the Secretary
+of War is "my superior and your subordinate," and yet you refuse
+obedience to the superior out of a deference to the subordinate.
+
+Without further comment upon the insubordinate attitude which you
+have assumed, I am at a loss to know how you can relieve yourself
+from obedience to the orders of the President, who is made by the
+Constitution the Commander in Chief of the Army and Navy, and is
+therefore the official superior as well of the General of the Army
+as of the Secretary of War.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+[Footnote 35: See pp. 618-620.]
+
+[Footnote 36: See pp. 615-618.]
+
+[Footnote 37: See pp. 613-615.]
+
+[Footnote 38: See pp. 613-615.]
+
+[Footnote 39: See pp. 618-620.]
+
+[Footnote 40: See p. 613.]
+
+[Footnote 41: See p. 615.]
+
+[Footnote 42: See pp. 612-613.]
+
+[Footnote 43: See p. 615.]
+
+[Footnote 44: See pp. 618-620.]
+
+
+
+[Letter addressed to each of the members of the Cabinet present at the
+conversation between the President and General Grant on the 14th of
+January, 1868, and answers thereto.]
+
+
+EXECUTIVE MANSION, _Washington, D.C., February 5, 1868_.
+
+SIR: The Chronicle of this morning contains a correspondence between the
+President and General Grant reported from the War Department in answer
+to a resolution of the House of Representatives.
+
+I beg to call your attention to that correspondence, and especially to
+that part of it which refers to the conversation between the President
+and General Grant at the Cabinet meeting on Tuesday, the 14th of
+January, and to request you to state what was said in that conversation.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 5, 1868_.
+
+The PRESIDENT.
+
+SIR: Your note of this date was handed to me this evening. My
+recollection of the conversation at the Cabinet meeting on Tuesday, the
+14th of January, corresponds with your statement of it in the letter of
+the 31st ultimo[45] in the published correspondence.
+
+The three points specified in that letter, giving your recollection of
+the conversation, are correctly stated.
+
+Very respectfully,
+
+GIDEON WELLES.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+TREASURY DEPARTMENT, _February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I have received your note of the 5th instant, calling my attention
+to the correspondence between yourself and General Grant as published in
+the Chronicle of yesterday, especially to that part of it which relates
+to what occurred at the Cabinet meeting on Tuesday, the 14th ultimo, and
+requesting me to state what was said in the conversation referred to.
+
+I can not undertake to state the precise language used, but I have no
+hesitation in saying that your account of that conversation as given in
+your letter to General Grant under date of the 31st ultimo[45]
+substantially and in all important particulars accords with my
+recollection of it.
+
+With great respect, your obedient servant,
+
+HUGH McCULLOCH.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+POST-OFFICE DEPARTMENT,
+
+_Washington, February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I am in receipt of your letter of the 5th of February, calling my
+attention to the correspondence published in the Chronicle between the
+President and General Grant, and especially to that part of it which
+refers to the conversation between the President and General Grant at
+the Cabinet meeting on Tuesday, the 14th of January, with a request that
+I state what was said in that conversation.
+
+In reply I have the honor to state that I have read carefully the
+correspondence in question, and particularly the letter of the President
+to General Grant dated January 31, 1868.[45] The following extract from
+your letter of the 31st January to General Grant is, according to my
+recollection, a correct statement of the conversation that took place
+between the President and General Grant at the Cabinet meeting on the
+14th of January last. In the presence of the Cabinet the President
+asked General Grant whether, "in conversation which took place after his
+appointment as Secretary of War _ad interim_, he did not agree either
+to remain at the head of the War Department and abide any judicial
+proceedings that might follow the nonconcurrence by the Senate in Mr.
+Stanton's suspension, or, should he wish not to become involved in such
+a controversy, to put the President in the same position with respect to
+the office as he occupied previous to General Grant's appointment, by
+returning it to the President in time to anticipate such action by the
+Senate." This General Grant admitted.
+
+The President then asked General Grant if at the conference on the
+preceding Saturday he had not, to avoid misunderstanding, requested
+General Grant to state what he intended to do, and, further, if in reply
+to that inquiry he (General Grant) had not referred to their former
+conversations, saying that from them the President understood his
+position, and that his (General Grant's) action would be consistent with
+the understanding which had been reached.
+
+To these questions General Grant replied in the affirmative.
+
+The President asked General Grant if at the conclusion of their
+interview on Saturday it was not understood that they were to have
+another conference on Monday before final action by the Senate in the
+case of Mr. Stanton.
+
+General Grant replied that such was the understanding, but that he did
+not suppose the Senate would act so soon; that on Monday he had been
+engaged in a conference with General Sherman, and was occupied with
+"many little matters," and asked if General Sherman had not called on
+that day.
+
+I take this mode of complying with the request contained in the
+President's letter to me, because my attention had been called to the
+subject before, when the conversation between the President and General
+Grant was under consideration.
+
+Very respectfully, your obedient servant,
+
+ALEX W. RANDALL,
+
+_Postmaster-General_.
+
+[Footnote 45: See pp. 615-618.]
+
+
+
+DEPARTMENT OF THE INTERIOR,
+
+_Washington, D.C., February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: I am in receipt of yours of yesterday, calling my attention to
+a correspondance between yourself and General Grant published in the
+Chronicle newspaper, and especially to that part of said correspondence
+"which refers to the conversation between the President and General
+Grant at the Cabinet meeting on Tuesday, the 14th of January," and
+requesting me "to state what was said in that conversation."
+
+In reply I submit the following statement: At the Cabinet meeting on
+Tuesday, the 14th of January, 1868, General Grant appeared and took his
+accustomed seat at the board. When he had been reached in the order of
+business, the President asked him, as usual, if he had anything to
+present.
+
+In reply the General, after referring to a note which he had that
+morning addressed to the President, inclosing a copy of the resolution
+of the Senate refusing to concur in the reasons for the suspension of
+Mr. Stanton, proceeded to say that he regarded his duties as Secretary
+of War _ad interim_ terminated by that resolution, and that he could not
+lawfully exercise such duties for a moment after the adoption of the
+resolution by the Senate; that the resolution reached him last night,
+and that this morning he had gone to the War Department, entered the
+Secretary's room, bolted one door on the inside, locked the other on the
+outside, delivered the key to the Adjutant-General, and proceeded to the
+Headquarters of the Army and addressed the note above mentioned to the
+President, informing him that he (General Grant) was no longer Secretary
+of War _ad interim_.
+
+The President expressed great surprise at the course which General
+Grant had thought proper to pursue, and, addressing himself to the
+General, proceeded to say, in substance, that he had anticipated such
+action on the part of the Senate, and, being very desirous to have the
+constitutionality of the tenure-of-office bill tested and his right
+to suspend or remove a member of the Cabinet decided by the judicial
+tribunals of the country, he had some time ago, and shortly after
+General Grant's appointment as Secretary of War _ad interim_, asked the
+General what his action would be in the event that the Senate should
+refuse to concur in the suspension of Mr. Stanton, and that the General
+had then agreed either to remain at the head of the War Department till
+a decision could be obtained from the court or resign the office into
+the hands of the President before the case was acted upon by the Senate,
+so as to place the President in the same situation he occupied at the
+time of his (Grant's) appointment.
+
+The President further said that the conversation was renewed on the
+preceding Saturday, at which time he asked the General what he intended
+to do if the Senate should undertake to reinstate Mr. Stanton, in reply
+to which the General referred to their former conversation upon the same
+subject and said: "You understand my position, and my conduct will be
+conformable to that understanding;" that he (the General) then expressed
+a repugnance to being made a party to a judicial proceeding, saying that
+he would expose himself to fine and imprisonment by doing so, as his
+continuing to discharge the duties of Secretary of War _ad interim_
+after the Senate should have refused to concur in the suspension of Mr.
+Stanton would be a violation of the tenure-of-office bill; that in reply
+to this he (the President) informed General Grant he had not suspended
+Mr. Stanton under the tenure-of-office bill, but by virtue of the powers
+conferred on him by the Constitution; and that, as to the fine and
+imprisonment, he (the President) would pay whatever fine was imposed
+and submit to whatever imprisonment might be adjudged against him (the
+General); that they continued the conversation for some time, discussing
+the law at length, and that they finally separated without having
+reached a definite conclusion, and with the understanding that the
+General would see the President again on Monday.
+
+In reply General Grant admitted that the conversations had occurred, and
+said that at the first conversation he had given it as his opinion to
+the President that in the event of nonconcurrence by the Senate in the
+action of the President in respect to the Secretary of War the question
+would have to be decided by the court--that Mr. Stanton would have to
+appeal to the court to reinstate him in office; that the _ins_ would
+remain in till they could be displaced and the _outs_ put in by legal
+proceedings; and that he _then_ thought so, and had agreed that if he
+should change his mind he would notify the President in time to enable
+him to make another appointment, but that at the time of the first
+conversation he had not looked very closely into the law; that it had
+recently been discussed by the newspapers, and that this had induced him
+to examine it more carefully, and that he had come to the conclusion
+that if the Senate should refuse to concur in the suspension Mr. Stanton
+would thereby be reinstated, and that he (Grant) could not continue
+thereafter to act as Secretary of War _ad interim_ without subjecting
+himself to fine and imprisonment, and that he came over on Saturday to
+inform the President of this change in his views, and did so inform him;
+that the President replied that he had not suspended Mr. Stanton under
+the tenure-of-office bill, but under the Constitution, and had appointed
+him (Grant) by virtue of the authority derived from the Constitution,
+etc.; that they continued to discuss the matter some time, and finally
+he left, without any conclusion having been reached, expecting to see
+the President again on Monday.
+
+He then proceeded to explain why he had not called on the President on
+Monday, saying that he had had a long interview with General Sherman,
+that various little matters had occupied his time till it was late, and
+that he did not think the Senate would act so soon, and asked: "Did not
+General Sherman call on you on Monday?"
+
+I do not know what passed between the President and General Grant on
+Saturday, except as I learned it from the conversation between them at
+the Cabinet meeting on Tuesday, and the foregoing is substantially what
+then occurred. The precise words used on the occasion are not, of
+course, given exactly in the order in which they were spoken, but the
+ideas expressed and the facts stated are faithfully preserved and
+presented.
+
+I have the honor to be, sir, with great respect, your obedient servant,
+
+O.H. BROWNING.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, February 6, 1868_.
+
+The PRESIDENT.
+
+SIR: The meeting to which you refer in your letter was a regular Cabinet
+meeting. While the members were assembling, and before the President had
+entered the council chamber, General Grant on coming in said to me that
+he was in attendance there, not as a member of the Cabinet, but upon
+invitation, and I replied by the inquiry whether there was a change in
+the War Department. After the President had taken his seat, business
+went on in the usual way of hearing matters submitted by the several
+Secretaries. When the time came for the Secretary of War, General Grant
+said that he was now there, not as Secretary of War, but upon the
+President's invitation; that he had retired from the War Department. A
+slight difference then appeared about the supposed invitation, General
+Grant saying that the officer who had borne his letter to the President
+that morning announcing his retirement from the War Department had told
+him that the President desired to see him at the Cabinet, to which the
+President answered that when General Grant's communication was delivered
+to him the President simply replied that he supposed General Grant would
+be very soon at the Cabinet meeting. I regarded the conversation thus
+begun as an incidental one. It went on quite informally, and consisted
+of a statement on your part of your views in regard to the understanding
+of the tenure upon which General Grant had assented to hold the War
+Department _ad interim_ and of his replies by way of answer and
+explanation. It was respectful and courteous on both sides. Being in
+this conversational form, its details could only have been preserved by
+verbatim report. So far as I know, no such report was made at the time.
+I can give only the general effect of the conversation. Certainly you
+stated that, although you had reported the reasons for Mr. Stanton's
+suspension to the Senate, you nevertheless held that he would not be
+entitled to resume the office of Secretary of War even if the Senate
+should disapprove of his suspension, and that you had proposed to have
+the question tested by judicial process, to be applied to the person who
+should be the incumbent of the Department under your designation of
+Secretary of War _ad interim_ in the place of Mr. Stanton. You contended
+that this was well understood between yourself and General Grant;
+that when he entered the War Department as Secretary _ad interim_ he
+expressed his concurrence in a belief that the question of Mr. Stanton's
+restoration would be a question for the courts; that in a subsequent
+conversation with General Grant you had adverted to the understanding
+thus had, and that General Grant expressed his concurrence in it; that
+at some conversation which had been previously held General Grant said
+he still adhered to the same construction of the law, but said if he
+should change his opinion he would give you seasonable notice of it,
+so that you should in any case be placed in the same position in
+regard to the War Department that you were while General Grant held
+it _ad interim_. I did not understand General Grant as denying nor as
+explicitly admitting these statements in the form and full extent to
+which you made them. His admission of them was rather indirect and
+circumstantial, though I did not understand it to be an evasive one.
+He said that, reasoning from what occurred in the case of the police in
+Maryland, which he regarded as a parallel one, he was of opinion, and so
+assured you, that it would be his right and duty under your instructions
+to hold the War Office after the Senate should disapprove of Mr.
+Stanton's suspension until the question should be decided upon by the
+courts; that he remained until very recently of that opinion, and that
+on the Saturday before the Cabinet meeting a conversation was held
+between yourself and him in which the subject was generally discussed.
+
+General Grant's statement was that in that conversation he had stated
+to you the legal difficulties which might arise, involving fine and
+imprisonment, under the civil-tenure bill, and that he did not care to
+subject himself to those penalties; that you replied to this remark that
+you regarded the civil-tenure bill as unconstitutional and did not think
+its penalties were to be feared, or that you would voluntarily assume
+them; and you insisted that General Grant should either retain the
+office until relieved by yourself, according to what you claimed was
+the original understanding between yourself and him, or, by seasonable
+notice of change of purpose on his part, put you in the same situation
+which you would be if he adhered. You claimed that General Grant finally
+said in that Saturday's conversation that you understood his views, and
+his proceedings thereafter would be consistent with what had been so
+understood. General Grant did not controvert, nor can I say that he
+admitted, this last statement. Certainly General Grant did not at
+any time in the Cabinet meeting insist that he had in the Saturday's
+conversation, either distinctly or finally, advised you of his
+determination to retire from the charge of the War Department otherwise
+than under your own subsequent direction. He acquiesced in your
+statement that the Saturday's conversation ended with an expectation
+that there would be a subsequent conference on the subject, which he,
+as well as yourself, supposed could seasonably take place on Monday.
+You then alluded to the fact that General Grant did not call upon you
+on Monday, as you had expected from that conversation. General Grant
+admitted that it was his expectation or purpose to call upon you on
+Monday. General Grant assigned reasons for the omission. He said he was
+in conference with General Sherman; that there were many little matters
+to be attended to; he had conversed upon the matter of the incumbency of
+the War Department with General Sherman, and he expected that General
+Sherman would call upon you on Monday. My own mind suggested a further
+explanation, but I do not remember whether it was mentioned or not,
+namely, that it was not supposed by General Grant on Monday that the
+Senate would decide the question so promptly as to anticipate further
+explanation between yourself and him if delayed beyond that day. General
+Grant made another explanation--that he was engaged on Sunday with
+General Sherman, and I think, also, on Monday, in regard to the War
+Department matter, with a hope, though he did not say in an effort,
+to procure an amicable settlement of the affair of Mr. Stanton, and
+he still hoped that it would be brought about.
+
+I have the honor to be, with great respect, your obedient servant,
+
+WILLIAM H. SEWARD.
+
+
+
+WASHINGTON, D.C., _February 11, 1868_.
+
+_To the House of Representatives_:
+
+The accompanying letter from General Grant, received since the
+transmission to the House of Representatives of my communication of this
+date, is submitted to the House as a part of the correspondence referred
+to in the resolution of the 10th instant.
+
+ANDREW JOHNSON.
+
+
+
+HEADQUARTERS ARMY OF THE UNITED STATES.
+
+_Washington, D.C., February 11, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor to acknowledge the receipt of your communication
+of the 10th instant,[46] accompanied by statements of five Cabinet
+ministers of their recollection of what occurred in Cabinet meeting on
+the 14th of January. Without admitting anything in these statements
+where they differ from anything heretofore stated by me, I propose to
+notice only that portion of your communication wherein I am charged with
+insubordination. I think it will be plain to the reader of my letter of
+the 30th of January[47] that I did not propose to disobey any legal
+order of the President distinctly given, but only gave an interpretation
+of what would be regarded as satisfactory evidence of the President's
+sanction to orders communicated by the Secretary of War. I will say here
+that your letter of the 10th instant[48] contains the first intimation
+I have had that you did not accept that interpretation.
+
+Now for reasons for giving that interpretation. It was clear to me
+before my letter of January 30[47] was written that I, the person having
+more public business to transact with the Secretary of War than any
+other of the President's subordinates, was the only one who had been
+instructed to disregard the authority of Mr. Stanton where his authority
+was derived as agent of the President.
+
+On the 27th of January I received a letter from the Secretary of War
+(copy herewith) directing me to furnish escort to public treasure from
+the Rio Grande to New Orleans, etc., at the request of the Secretary
+of the Treasury to him. I also send two other inclosures, showing
+recognition of Mr. Stanton as Secretary of War by both the Secretary
+of the Treasury and the Postmaster-General, in all of which cases the
+Secretary of War had to call upon me to make the orders requested or
+give the information desired, and where his authority to do so is
+derived, in my view, as agent of the President.
+
+With an order so clearly ambiguous as that of the President here
+referred to, it was my duty to inform the President of my interpretation
+of it and to abide by that interpretation until I received other orders.
+
+Disclaiming any intention, now or heretofore, of disobeying any legal
+order of the President distinctly communicated,
+
+I remain, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+[Footnote 46: See pp. 603-610.]
+
+[Footnote 47: See p. 615.]
+
+[Footnote 48: See pp. 603-605.]
+
+
+
+WAR DEPARTMENT,
+
+_Washington City, January 27, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Army United States_.
+
+GENERAL: The Secretary of the Treasury has requested this Department
+to afford A.F. Randall, special agent of the Treasury Department, such
+military aid as may be necessary to secure and forward for deposit
+from Brownsville, Tex., to New Orleans public moneys in possession of
+custom-house officers at Brownsville, and which are deemed insecure
+at that place.
+
+You will please give such directions as you may deem proper to the
+officer commanding at Brownsville to carry into effect the request of
+the Treasury Department, the instructions to be sent by telegraph to
+Galveston, to the care of A.F. Randall, special agent, who is at
+Galveston waiting telegraphic orders, there being no telegraphic
+communication with Brownsville, and the necessity for military
+protection to the public moneys represented as urgent.
+
+Please favor me with a copy of such instructions as you may give, in
+order that they may be communicated to the Secretary of the Treasury.
+
+Yours, truly,
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+POST-OFFICE DEPARTMENT, CONTRACT OFFICE,
+
+_Washington, February 3, 1868_.
+
+The Honorable the SECRETARY OF WAR.
+
+SIR: It has been represented to this Department that in October last a
+military commission was appointed to settle upon some general plan of
+defense for the Texas frontiers, and that the said commission has made
+a report recommending a line of posts from the Rio Grande to the Red
+River.
+
+An application is now pending in this Department for a change in the
+course of the San Antonio and El Paso mail, so as to send it by way
+of Forts Mason, Griffin, and Stockton instead of Camps Hudson and
+Lancaster. This application requires immediate decision, but before
+final action can be had thereon it is desired to have some official
+information as to the report of the commission above referred to.
+
+Accordingly, I have the honor to request that you will cause this
+Department to be furnished as early as possible with the information
+desired in the premises, and also with a copy of the report, if any has
+been made by the commission.
+
+Very respectfully, etc.,
+
+GEO. W. McCLELLAN,
+
+_Second Assistant Postmaster-General_.
+
+FEBRUARY 3, 1868.
+
+
+Referred to the General of the Army for report.
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+
+TREASURY DEPARTMENT, _January 29, 1868_.
+
+The Honorable SECRETARY OF WAR.
+
+SIR: It is represented to this Department that a band of robbers has
+obtained such a foothold in the section of country between Humboldt and
+Lawrence, Kans., committing depredations upon travelers, both by public
+and private conveyance, that the safety of the public money collected by
+the receiver of the land office at Humboldt requires that it should be
+guarded during its transit from Humboldt to Lawrence. I have therefore
+the honor to request that the proper commanding officer of the district
+may be instructed by the War Department, if in the opinion of the
+honorable Secretary of War it can be done without prejudice to the
+public interests, to furnish a sufficient military guard to protect such
+moneys as may be _in transitu_ from the above office for the purpose of
+being deposited to the credit of the Treasurer of the United States. As
+far as we are now advised, such service will not be necessary oftener
+than once a month. Will you please advise me of the action taken, that
+I may instruct the receiver and the Commissioner of the General Land
+Office in the matter?
+
+Very respectfully, your obedient servant,
+
+H. McCULLOCH,
+
+_Secretary of the Treasury_.
+
+
+Respectfully referred to the General of the Army to give the necessary
+orders in this case and to furnish this Department a copy for the
+information of the Secretary of the Treasury.
+
+By order of the Secretary of War:
+
+ED. SCHRIVER,
+
+_Inspector-General_.
+
+
+
+[The following are inserted because they have direct bearing on the two
+messages from the President of February 11, 1868, and their inclosures.]
+
+
+WAR DEPARTMENT,
+
+_Washington City, February 4, 1868_.
+
+Hon. SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+SIR: In answer to the resolution of the House of Representatives of the
+3d instant, I transmit herewith copies furnished me by General Grant of
+correspondence between him and the President relating to the Secretary
+of War, and which he reports to be all the correspondence he has had
+with the President on the subject.
+
+I have had no correspondence with the President since the 12th of August
+last. After the action of the Senate on his alleged reason for my
+suspension from the office of Secretary of War, I resumed the duties of
+that office, as required by the act of Congress, and have continued to
+discharge them without any personal or written communication with the
+President. No orders have been issued from this Department in the name
+of the President with my knowledge, and I have received no orders from
+him.
+
+The correspondence sent herewith embraces all the correspondence known
+to me on the subject referred to in the resolution of the House of
+Representatives.
+
+I have the honor to be, sir, with great respect, your obedient servant,
+
+EDWIN M. STANTON,
+
+_Secretary of War_.
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, January 24, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor very respectfully to request to have in writing
+the order which the President gave me verbally on Sunday, the 19th
+instant, to disregard the orders of the Hon. E.M. Stanton as Secretary
+of War until I knew from the President himself that they were his
+orders.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, D.C., January 28, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: On the 24th instant I requested you to give me in writing the
+instructions which you had previously given me verbally not to obey any
+order from Hon. E.M. Stanton, Secretary of War, unless I knew that it
+came from yourself. To this written request I received a message that
+has left doubt in my mind of your intentions. To prevent any possible
+misunderstanding, therefore, I renew the request that you will give me
+written instructions, and till they are received will suspend action on
+your verbal ones.
+
+I am compelled to ask these instructions in writing in consequence
+of the many and gross misrepresentations affecting my personal honor
+circulated through the press for the last fortnight, purporting to come
+from the President, of conversations which occurred either with the
+President privately in his office or in Cabinet meeting. What is written
+admits of no misunderstanding.
+
+In view of the misrepresentations referred to, it will be well to state
+the facts in the case.
+
+Some time after I assumed the duties of Secretary of War _ad interim_
+the President asked me my views as to the course Mr. Stanton would have
+to pursue, in case the Senate should not concur in his suspension,
+to obtain possession of his office. My reply was, in substance, that
+Mr. Stanton would have to appeal to the courts to reinstate him,
+illustrating my position by citing the ground I had taken in the case
+of the Baltimore police commissioners.
+
+In that case I did not doubt the technical right of Governor Swann to
+remove the old commissioners and to appoint their successors. As the old
+commissioners refused to give up, however, I contended that no resource
+was left but to appeal to the courts.
+
+Finding that the President was desirous of keeping Mr. Stanton out of
+office, whether sustained in the suspension or not, I stated that I had
+not looked particularly into the tenure-of-office bill, but that what
+I had stated was a general principle, and if I should change my mind in
+this particular case I would inform him of the fact.
+
+Subsequently, on reading the tenure-of-office bill closely, I found that
+I could not, without violation of the law, refuse to vacate the office
+of Secretary of War the moment Mr. Stanton was reinstated by the Senate,
+even though the President should order me to retain it, which he never
+did.
+
+Taking this view of the subject, and learning on Saturday, the 11th
+instant, that the Senate had taken up the subject of Mr. Stanton's
+suspension, after some conversation with Lieutenant General Sherman and
+some members of my staff, in which I stated that the law left me no
+discretion as to my action should Mr. Stanton be reinstated, and that I
+intended to inform the President, I went to the President for the sole
+purpose of making this decision known, and did so make it known.
+
+In doing this I fulfilled the promise made in our last preceding
+conversation on the subject.
+
+The President, however, instead of accepting my view of the requirements
+of the tenure-of-office bill, contended that he had suspended Mr.
+Stanton under the authority given by the Constitution, and that the same
+authority did not preclude him from reporting, as an act of courtesy,
+his reasons for the suspension to the Senate; that, having appointed me
+under the authority given by the Constitution, and not under any act of
+Congress, I could not be governed by the act. I stated that the law was
+binding on me, constitutional or not, until set aside by the proper
+tribunal. An hour or more was consumed, each reiterating his views on
+this subject, until, getting late, the President said he would see me
+again.
+
+I did not agree to call again on Monday, nor at any other definite time,
+nor was I sent for by the President until the following Tuesday.
+
+From the 11th to the Cabinet meeting on the 14th instant a doubt never
+entered my mind about the President's fully understanding my position,
+namely, that if the Senate refused to concur in the suspension of Mr.
+Stanton my powers as Secretary of War _ad interim_ would cease and Mr.
+Stanton's right to resume at once the functions of his office would
+under the law be indisputable, and I acted accordingly. With Mr. Stanton
+I had no communication, direct nor indirect, on the subject of his
+reinstatement during his suspension.
+
+I knew it had been recommended to the President to send in the
+name of Governor Cox, of Ohio, for Secretary of War, and thus save all
+embarrassment--a proposition that I sincerely hoped he would entertain
+favorably; General Sherman seeing the President at my particular request
+to urge this on the 13th instant.
+
+On Tuesday (the day Mr. Stanton reentered the office of the Secretary of
+War) General Comstock, who had carried my official letter announcing
+that with Mr. Stanton's reinstatement by the Senate I had ceased to be
+Secretary of War _ad interim_, and who saw the President open and read
+the communication, brought back to me from the President a message that
+he wanted to see me that day at the Cabinet meeting, after I had made
+known the fact that I was no longer Secretary of War _ad interim_.
+
+At this meeting, after opening it as though I were a member of the
+Cabinet, when reminded of the notification already given him that I was
+no longer Secretary of War _ad interim_, the President gave a version of
+the conversations alluded to already. In this statement it was asserted
+that in both conversations I had agreed to hold on to the office of
+Secretary of War until displaced by the courts, or resign, so as to
+place the President where he would have been had I never accepted the
+office. After hearing the President through, I stated our conversations
+substantially as given in this letter. I will add that my conversation
+before the Cabinet embraced other matter not pertinent here, and is
+therefore left out.
+
+I in no wise admitted the correctness of the President's statement of
+our conversations, though, to soften the evident contradiction my
+statement gave, I said (alluding to our first conversation on the
+subject) the President might have understood me the way he said, namely,
+that I had promised to resign if I did not resist the reinstatement.
+I made no such promise.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_January 30, 1868_.
+
+Respectfully forwarded to the Secretary of War for his information.
+
+U.S. GRANT, _General_.
+
+[Indorsement of the President on General Grant's note of January 24,
+1868.[49]]
+
+JANUARY 29, 1868.
+
+As requested in this communication, General Grant is instructed in
+writing not to obey any order from the War Department assumed to be
+issued by the direction of the President unless such order is known by
+the General Commanding the armies of the United States to have been
+authorized by the Executive.
+
+ANDREW JOHNSON.
+
+[Footnote 49: See p. 613.]
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, January 30, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+SIR: I have the honor to acknowledge the return of my note of the 24th
+instant,[49] with your indorsement thereon, that I am not to obey any
+order from the War Department assumed to be issued by the direction of
+the President unless such order is known by me to have been authorized
+by the Executive, and in reply thereto to say that I am informed by the
+Secretary of War that he has not received from the Executive any order
+or instructions limiting or impairing his authority to issue orders to
+the Army, as has heretofore been his practice under the law and the
+customs of the Department. While this authority to the War Department is
+not countermanded it will be satisfactory evidence to me that any orders
+issued from the War Department by direction of the President are
+authorized by the Executive.
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+[Footnote 49: See p. 613.]
+
+
+
+HEADQUARTERS ARMY UNITED STATES,
+
+_January 30, 1868_.
+
+Respectfully forwarded to the Secretary of War for his information.
+
+U.S. GRANT, _General_.
+
+
+_The President to General Grant_.
+
+EXECUTIVE MANSION, _January 31, 1868_.
+
+General U.S. GRANT,
+
+_Commanding United States Armies_.
+
+GENERAL: I have received your communication of the 28th instant,[50]
+renewing your request of the 24th,[49] that I should repeat in a written
+form my verbal instructions of the 19th instant, viz, that you obey no
+order from the Hon. Edwin M. Stanton as Secretary of War unless you have
+information that it was issued by the President's directions.
+
+In submitting this request (with which I complied on the 29th
+instant[51]) you take occasion to allude to recent publications in
+reference to the circumstances connected with the vacation by yourself
+of the office of Secretary of War _ad interim_, and with the view of
+correcting statements which you term "gross misrepresentations" give
+at length your own recollection of the facts under which, without the
+sanction of the President, from whom you had received and accepted the
+appointment, you yielded the Department of War to the present incumbent.
+
+As stated in your communication, some time after you had assumed the
+duties of Secretary of War _ad interim_ we interchanged views respecting
+the course that should be pursued in the event of nonconcurrence by the
+Senate in the suspension from office of Mr. Stanton. I sought that
+interview, calling myself at the War Department. My sole object in then
+bringing the subject to your attention was to ascertain definitely
+what would be your own action should such an attempt be made for his
+restoration to the War Department. That object was accomplished, for
+the interview terminated with the distinct understanding that if upon
+reflection you should prefer not to become a party to the controversy or
+should conclude that it would be your duty to surrender the Department
+to Mr. Stanton upon action in his favor by the Senate you were to return
+the office to me prior to a decision by the Senate, in order that if I
+desired to do so I might designate someone to succeed you. It must have
+been apparent to you that had not this understanding been reached it was
+my purpose to relieve you from the further discharge of the duties of
+Secretary of War _ad interim_ and to appoint some other person in that
+capacity.
+
+Other conversations upon this subject ensued, all of them having on my
+part the same object and leading to the same conclusion as the first.
+It is not necessary, however, to refer to any of them excepting that of
+Saturday, the 11th instant, mentioned in your communication. As it was
+then known that the Senate had proceeded to consider the case of Mr.
+Stanton, I was anxious to learn your determination. After a protracted
+interview, during which the provisions of the tenure-of-office bill were
+freely discussed, you said that, as had been agreed upon in our first
+conference, you would either return the office to my possession in time
+to enable me to appoint a successor before final action by the Senate
+upon Mr. Stanton's suspension, or would remain as its head, awaiting a
+decision of the question by judicial proceedings. It was then understood
+that there would be a further conference on Monday, by which time I
+supposed you would be prepared to inform me of your final decision. You
+failed, however, to fulfill the engagement, and on Tuesday notified me
+in writing of the receipt by you of official notification of the action
+of the Senate in the case of Mr. Stanton, and at the same time informed
+me that according to the act regulating the tenure of certain civil
+offices your functions as Secretary of War _ad interim_ ceased from
+the moment of the receipt of the notice. You thus, in disregard of the
+understanding between us, vacated the office without having given me
+notice of your intention to do so. It is but just, however, to say that
+in your communication you claim that you did inform me of your purpose,
+and thus "fulfilled the promise made in our last preceding conversation
+on this subject." The fact that such a promise existed is evidence of
+an arrangement of the kind I have mentioned. You had found in our first
+conference "that the President was desirous of keeping Mr. Stanton out
+of office whether sustained in the suspension or not." You knew what
+reasons had induced the President to ask from you a promise; you
+also knew that in case your views of duty did not accord with his
+own convictions it was his purpose to fill your place by another
+appointment. Even ignoring the existence of a positive understanding
+between us, these conclusions were plainly deducible from our various
+conversations. It is certain, however, that even under these
+circumstances you did not offer to return the place to my possession,
+but, according to your own statement, placed yourself in a position
+where, could I have anticipated your action, I would have been compelled
+to ask of you, as I was compelled to ask of your predecessor in the War
+Department, a letter of resignation, or else to resort to the more
+disagreeable expedient of suspending you by a successor.
+
+As stated in your letter, the nomination of Governor Cox, of Ohio, for
+the office of Secretary of War was suggested to me. His appointment as
+Mr. Stanton's successor was urged in your name, and it was said that
+his selection would save further embarrassment. I did not think that
+in the selection of a Cabinet officer I should be trammeled by such
+considerations. I was prepared to take the responsibility of deciding
+the question in accordance with my ideas of constitutional duty, and,
+having determined upon a course which I deemed right and proper, was
+anxious to learn the steps you would take should the possession of the
+War Department be demanded by Mr. Stanton. Had your action been in
+conformity to the understanding between us, I do not believe that the
+embarrassment would have attained its present proportions or that the
+probability of its repetition would have been so great.
+
+I know that, with a view to an early termination of a state of affairs
+so detrimental to the public interests, you voluntarily offered, both on
+Wednesday, the 15th instant, and on the succeeding Sunday, to call upon
+Mr. Stanton and urge upon him that the good of the service required his
+resignation. I confess that I considered your proposal as a sort of
+reparation for the failure on your part to act in accordance with an
+understanding more than once repeated, which I thought had received your
+full assent, and under which you could have returned to me the office
+which I had conferred upon you, thus saving yourself from embarrassment
+and leaving the responsibility where it properly belonged--with the
+President, who is accountable for the faithful execution of the laws.
+
+I have not yet been informed by you whether, as twice proposed by
+yourself, you have called upon Mr. Stanton and made an effort to induce
+him voluntarily to retire from the War Department.
+
+You conclude your communication with a reference to our conversation at
+the meeting of the Cabinet held on Tuesday, the 14th instant. In your
+account of what then occurred you say that after the President had given
+his version of our previous conversations you stated them substantially
+as given in your letter; that you in no wise admitted the correctness of
+his statement of them, "though, to soften the evident contradiction my
+statement gave, I said (alluding to our first conversation on the
+subject) the President might have understood me the way he said, namely,
+that I had promised to resign if I did not resist the reinstatement.
+I made no such promise."
+
+My recollection of what then transpired is diametrically the reverse of
+your narration. In the presence of the Cabinet I asked you--
+
+First. If, in a conversation which took place shortly after your
+appointment as Secretary of War _ad interim_, you did not agree either
+to remain at the head of the War Department and abide any judicial
+proceedings that might follow nonconcurrence by the Senate in Mr.
+Stanton's suspension, or, should you wish not to become involved in such
+a controversy, to put me in the same position with respect to the office
+as I occupied previous to your appointment, by returning it to me in
+time to anticipate such action by the Senate. This you admitted.
+
+Second. I then asked you if, at our conference on the preceding
+Saturday, I had not, to avoid misunderstanding, requested you to state
+what you intended to do, and, further, if in reply to that inquiry you
+had not referred to our former conversations, saying that from them I
+understood your position, and that your action would be consistent with
+the understanding which had been reached. To these questions you also
+replied in the affirmative.
+
+Third. I next asked if at the conclusion of our interview on Saturday
+it was not understood that we were to have another conference on Monday
+before final action by the Senate in the case of Mr. Stanton. You
+replied that such was the understanding, but that you did not suppose
+the Senate would act so soon; that on Monday you had been engaged in a
+conference with General Sherman and were occupied with "many little
+matters," and asked if General Sherman had not called on that day. What
+relevancy General Sherman's visit to me on Monday had with the purpose
+for which you were then to have called I am at a loss to perceive,
+as he certainly did not inform me whether you had determined to retain
+possession of the office or to afford me an opportunity to appoint a
+successor in advance of any attempted reinstatement of Mr. Stanton.
+
+This account of what passed between us at the Cabinet meeting on the
+14th instant widely differs from that contained in your communication,
+for it shows that instead of having "stated our conversations as given
+in the letter" which has made this reply necessary you admitted that my
+recital of them was entirely accurate. Sincerely anxious, however, to
+be correct in my statements, I have to-day read this narration of what
+occurred on the 14th instant to the members of the Cabinet who were then
+present. They, without exception, agree in its accuracy.
+
+It is only necessary to add that on Wednesday morning, the 15th instant,
+you called on me, in company with Lieutenant-General Sherman. After some
+preliminary conversation, you remarked that an article in the National
+Intelligencer of that date did you much injustice. I replied that I had
+not read the Intelligencer of that morning. You then first told me that
+it was your intention to urge Mr. Stanton to resign his office.
+
+After you had withdrawn I carefully read the article of which you had
+spoken, and found that its statements of the understanding between us
+were substantially correct. On the 17th I caused it to be read to four
+of the five members of the Cabinet who were present at our conference on
+the 14th, and they concurred in the general accuracy of its statements
+respecting our conversation upon that occasion.
+
+In reply to your communication, I have deemed it proper, in order to
+prevent further misunderstanding, to make this simple recital of facts.
+
+Very respectfully, yours,
+
+ANDREW JOHNSON.
+
+[Footnote 49: See p. 613.]
+
+[Footnote 50: See pp. 613-615.]
+
+[Footnote 51: See p. 615.]
+
+
+
+_General Grant to the President_.
+
+HEADQUARTERS ARMY OF THE UNITED STATES,
+
+_Washington, D.C., February 3, 1868_.
+
+His Excellency A. JOHNSON,
+
+_President of the United States_.
+
+
+SIR: I have the honor to acknowledge the receipt of your communication
+of the 31st ultimo,[52] in answer to mine of the 28th ultimo[53]. After
+a careful reading and comparison of it with the article in the National
+Intelligencer of the 15th ultimo and the article over the initials
+J.B.S. in the New York World of the 27th ultimo, purporting to be based
+upon your statement and that of the members of your Cabinet therein
+named, I find it to be but a reiteration, only somewhat more in detail,
+of the "many and gross misrepresentations" contained in these articles,
+and which my statement of the facts set forth in my letter of the 28th
+ultimo[53] was intended to correct; and I here reassert the correctness
+of my statements in that letter, anything in yours in reply to it to the
+contrary notwithstanding.
+
+I confess my surprise that the Cabinet officers referred to should so
+greatly misapprehend the facts in the matter of admissions alleged to
+have been made by me at the Cabinet meeting of the 14th ultimo as to
+suffer their names to be made the basis of the charges in the newspaper
+article referred to, or agree in the accuracy, as you affirm they do,
+of your account of what occurred at that meeting.
+
+You know that we parted on Saturday, the 11th ultimo, without any
+promise on my part, either express or implied, to the effect that I
+would hold on to the office of Secretary of War _ad interim_ against the
+action of the Senate, or, declining to do so myself, would surrender it
+to you before such action was had, or that I would see you again at any
+fixed time on the subject.
+
+The performance of the promises alleged by you to have been made by me
+would have involved a resistance to law and an inconsistency with the
+whole history of my connection with the suspension of Mr. Stanton.
+
+From our conversations and my written protest of August 1, 1867,
+against the removal of Mr. Stanton, you must have known that my greatest
+objection to his removal or suspension was the fear that someone would
+be appointed in his stead who would, by opposition to the laws relating
+to the restoration of the Southern States to their proper relations
+to the Government, embarrass the Army in the performance of duties
+especially imposed upon it by these laws; and it was to prevent such an
+appointment that I accepted the office of Secretary of War _ad interim_,
+and not for the purpose of enabling you to get rid of Mr. Stanton by my
+withholding it from him in opposition to law, or, not doing so myself,
+surrendering it to one who would, as the statement and assumptions in
+your communication plainly indicate was sought. And it was to avoid this
+same danger, as well as to relieve you from the personal embarrassment
+in which Mr. Stanton's reinstatement would place you, that I urged the
+appointment of Governor Cox, believing that it would be agreeable to you
+and also to Mr. Stanton, satisfied as I was that it was the good of the
+country, and not the office, the latter desired.
+
+On the 15th ultimo, in presence of General Sherman, I stated to you that
+I thought Mr. Stanton would resign, but did not say that I would advise
+him to do so. On the 18th I did agree with General Sherman to go and
+advise him to that course, and on the 19th I had an interview alone with
+Mr. Stanton, which led me to the conclusion that any advice to him of
+the kind would be useless, and I so informed General Sherman.
+
+Before I consented to advise Mr. Stanton to resign, I understood
+from him, in a conversation on the subject immediately after his
+reinstatement, that it was his opinion that the act of Congress entitled
+"An act temporarily to supply vacancies in the Executive Departments in
+certain cases," approved February 20, 1863, was repealed by subsequent
+legislation, which materially influenced my action. Previous to this
+time I had had no doubt that the law of 1863 was still in force, and,
+notwithstanding my action, a fuller examination of the law leaves a
+question in my mind whether it is or is not repealed. This being the
+case, I could not now advise his resignation, lest the same danger
+I apprehended on his first removal might follow.
+
+The course you would have it understood I agreed to pursue was in
+violation of law and without orders from you, while the course I did
+pursue, and which I never doubted you fully understood, was in
+accordance with law and not in disobedience of any orders of my
+superior.
+
+And now, Mr. President, when my honor as a soldier and integrity as a
+man have been so violently assailed, pardon me for saying that I can but
+regard this whole matter, from the beginning to the end, as an attempt
+to involve me in the resistance of law, for which you hesitated to
+assume the responsibility in orders, and thus to destroy my character
+before the country. I am in a measure confirmed in this conclusion by
+your recent orders directing me to disobey orders from the Secretary of
+War, my superior and your subordinate, without having countermanded his
+authority to issue the orders I am to disobey.
+
+With the assurance, Mr. President, that nothing less than a vindication
+of my personal honor and character could have induced this
+correspondence on my part,
+
+I have the honor to be, very respectfully, your obedient servant,
+
+U.S. GRANT, _General_.
+
+
+Respectfully forwarded to the Secretary of War for his information, and
+to be made a part of correspondence previously furnished on same subject.
+
+U.S. GRANT, _General_.
+
+[Footnote 52: See pp. 615-618.]
+
+[Footnote 53: See pp. 613-615.]
+
+
+
+WASHINGTON, _February 17, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In reply to the resolution adopted by the House of Representatives on
+the 19th of December last, calling for correspondence and information
+in relation to Russian America, I transmit reports and accompanying
+documents from the Secretary of State and the Secretary of the Treasury,
+respectively.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 18, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the 17th of
+January last, calling for information in regard to the execution of the
+treaty of 1858 with China, for the settlement of claims, I transmit a
+report of the Secretary of State and the papers which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 19, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Attorney-General, prepared in
+compliance with the resolution of the House of Representatives of the
+26th November, 1867, requesting a list of all pardons "granted since
+the 14th day of April, 1865, to any person or persons charged with or
+convicted of making or passing counterfeit money, or having counterfeit
+money or tools or instruments for making the same in his or their
+possession, or charged with or convicted of the crime of forgery or
+criminal alteration of papers, accounts, or other documents, or of the
+crime of perjury, and that such list be accompanied by a particular
+statement in each case of the reasons or grounds of the pardon, with a
+disclosure of the names of persons, if any, who recommended or advised
+the same."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 19, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Attorney-General, prepared in
+compliance with a resolution adopted by the Senate on the 2d day of
+December last, requesting "a full list of the names of all persons
+pardoned by the President since May 1, 1865, who have been convicted of
+counterfeiting United States bonds, greenbacks, national-bank currency,
+fractional currency, or the coin of the United States, with the date of
+issuing each pardon, reasons for issuing it, and by whom recommended."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to a resolution of the Senate of the 18th of December last,
+requesting information in regard to the island of San Juan, on Puget
+Sound, I transmit a report from the Secretary of State and the papers
+which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1868_.
+
+_To the Senate of the United States_:
+
+With reference to the convention between Denmark and the United States
+concluded on the 24th of October last, I transmit to the Senate a copy
+in translation of a note of the 19th instant addressed to the Secretary
+of State by His Danish Majesty's charge d'affaires, announcing the
+ratification of the convention by the Government of Denmark and stating
+his readiness to proceed with the customary exchange of ratifications.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 21, 1868_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a communication from the Chief of the Engineer Corps
+of the Army, accompanied by a report, in reference to ship canals around
+the Falls of the Ohio River, called for by the resolution of the House
+of Representatives of the 18th instant.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 21, 1868_.
+
+_To the Senate of the United States_:
+
+On the 12th day of August, 1867, by virtue of the power and authority
+vested in the President by the Constitution and laws of the United
+States, I suspended Edwin M. Stanton from the office of Secretary of
+War.
+
+In further exercise of the power and authority so vested in the
+President, I have this day removed Mr. Stanton from office and
+designated the Adjutant-General of the Army to act as Secretary
+of War _ad interim_.
+
+Copies of the communications upon this subject addressed to Mr. Stanton
+and the Adjutant-General are herewith transmitted for the information of
+the Senate.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 22, 1868_.
+
+_To the Senate of the United States_:
+
+I have received a copy of the resolution adopted by the Senate on the
+21st instant, as follows:
+
+ Whereas the Senate have received and considered the communication of
+ the President stating that he had removed Edwin M. Stanton, Secretary
+ of War, and had designated the Adjutant-General of the Army to act as
+ Secretary of War _ad interim_: Therefore,
+
+ _Resolved by the Senate of the United States_, That under the
+ Constitution and laws of the United States the President has no power
+ to remove the Secretary of War and designate any other officer to
+ perform the duties of that office _ad interim_.
+
+
+This resolution is confined to the power of the President to remove the
+Secretary of War and to designate another officer to perform the duties
+of the office _ad interim_, and by its preamble is made expressly
+applicable to the removal of Mr. Stanton and the designation to act
+_ad interim_ of the Adjutant-General of the Army. Without, therefore,
+attempting to discuss the general power of removal as to all officers,
+upon which subject no expression of opinion is contained in the
+resolution, I shall confine myself to the question as thus limited--the
+power to remove the Secretary of War.
+
+It is declared in the resolution--
+
+ That under the Constitution and laws of the United States the President
+ has no power to remove the Secretary of War and designate any other
+ officer to perform the duties of that office _ad interim_.
+
+
+As to the question of power under the Constitution, I do not propose at
+present to enter upon its discussion.
+
+The uniform practice from the beginning of the Government, as
+established by every President who has exercised the office, and the
+decisions of the Supreme Court of the United States have settled the
+question in favor of the power of the President to remove all officers
+excepting a class holding appointments of a judicial character. No
+practice nor any decision has ever excepted a Secretary of War from this
+general power of the President to make removals from office.
+
+It is only necessary, then, that I should refer to the power of the
+Executive, under the laws of the United States, to remove from office a
+Secretary of War. The resolution denies that under these laws this power
+has any existence. In other words, it affirms that no such authority is
+recognized or given by the statutes of the country.
+
+What, then, are the laws of the United States which deny the President
+the power to remove that officer? I know but two laws which bear upon
+this question. The first in order of time is the act of August 7, 1789,
+creating the Department of War, which, after providing for a Secretary
+as its principal officer, proceeds as follows:
+
+ SEC. 2. _And be it further enacted_, That there shall be in the said
+ Department an inferior officer, to be appointed by the said principal
+ officer, to be employed therein as he shall deem proper, and to be
+ called the chief clerk in the Department of War, and who, whenever the
+ said principal officer shall be removed from office by the President of
+ the United States, or in any other case of vacancy, shall during such
+ vacancy have the charge and custody of all records, books, and papers
+ appertaining to the said Department.
+
+
+It is clear that this act, passed by a Congress many of whose members
+participated in the formation of the Constitution, so far from denying
+the power of the President to remove the Secretary of War, recognizes
+it as existing in the Executive alone, without the concurrence of the
+Senate or of any other department of the Government. Furthermore, this
+act does not purport to confer the power by legislative authority, nor
+in fact was there any other existing legislation through which it was
+bestowed upon the Executive. The recognition of the power by this act is
+therefore complete as a recognition under the Constitution itself, for
+there was no other source or authority from which it could be derived.
+
+The other act which refers to this question is that regulating the
+tenure of certain civil offices, passed by Congress on the 2d day of
+March, 1867. The first section of that act is in the following words:
+
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office, and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: _Provided_,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of
+ the President by whom they may have been appointed and for one month
+ thereafter, subject to removal by and with the advice and consent of
+ the Senate.
+
+
+The fourth section of the same act restricts the term of offices to the
+limit prescribed by the law creating them.
+
+That part of the first section which precedes the proviso declares that
+every person holding a civil office to which he has been or may be
+appointed by and with the advice and consent of the Senate shall hold
+such office until a successor shall have been in like manner appointed.
+It purports to take from the Executive, during the fixed time
+established for the tenure of the office, the independent power of
+removal, and to require for such removal the concurrent action of the
+President and the Senate.
+
+The proviso that follows proceeds to fix the term of office of the seven
+heads of Departments, whose tenure never had been defined before, by
+prescribing that they "shall hold their offices, respectively, for and
+during the term of the President by whom they may have been appointed
+and for one month thereafter, subject to removal by and with the advice
+and consent of the Senate."
+
+Thus, as to these enumerated officers, the proviso takes from the
+President the power of removal except with the advice and consent of the
+Senate. By its terms, however, before he can be deprived of the power to
+displace them it must appear that he himself has appointed them. It is
+only in that case that they have any tenure of office or any independent
+right to hold during the term of the President and for one month after
+the cessation of his official functions. The proviso, therefore, gives
+no tenure of office to any one of these officers who has been appointed
+by a former President beyond one month after the accession of his
+successor.
+
+In the case of Mr. Stanton, the only appointment under which he
+held the office of Secretary of War was that conferred upon him by my
+immediate predecessor, with the advice and consent of the Senate. He has
+never held from me any appointment as the head of the War Department.
+Whatever right he had to hold the office was derived from that original
+appointment and my own sufferance. The law was not intended to protect
+such an incumbent of the War Department by taking from the President the
+power to remove him. This, in my judgment, is perfectly clear, and the
+law itself admits of no other just construction. We find in all that
+portion of the first section which precedes the proviso that as to civil
+officers generally the President is deprived of the power of removal,
+and it is plain that if there had been no proviso that power would just
+as clearly have been taken from him so far as it applies to the seven
+heads of Departments. But for reasons which were no doubt satisfactory
+to Congress these principal officers were specially provided for, and as
+to them the express and only requirement is that the President who has
+appointed them shall not without the advice and consent of the Senate
+remove them from office. The consequence is that as to my Cabinet,
+embracing the seven officers designated in the first section, the act
+takes from me the power, without the concurrence of the Senate, to
+remove any one of them that I have appointed, but it does not protect
+such of them as I did not appoint, nor give to them any tenure of office
+beyond my pleasure.
+
+An examination of this act, then, shows that while in one part of the
+section provision is made for officers generally, in another clause
+there is a class of officers, designated by their official titles, who
+are excepted from the general terms of the law, and in reference to whom
+a clear distinction is made as to the general power of removal limited
+in the first clause of the section.
+
+This distinction is that as to such of these enumerated officers as hold
+under the appointment of the President the power of removal can only be
+exercised by him with the consent of the Senate, while as to those who
+have not been appointed by him there is no like denial of his power to
+displace them. It would be a violation of the plain meaning of this
+enactment to place Mr. Stanton upon the same footing as those heads of
+Departments who have been appointed by myself. As to him, this law gives
+him no tenure of office. The members of my Cabinet who have been
+appointed by me are by this act entitled to hold for one month after the
+term of my office shall cease; but Mr. Stanton could not, against the
+wishes of my successor, hold a moment thereafter. If he were permitted
+by that successor to hold for the first two weeks, would that successor
+have no power to remove him? But the power of my successor over him
+could be no greater than my own. If my successor would have the power to
+remove Mr. Stanton after permitting him to remain a period of two weeks,
+because he was not appointed by him, but by his predecessor, I, who have
+tolerated Mr. Stanton for more than two years, certainly have the same
+right to remove him, and upon the same ground, namely, that he was not
+appointed by me, but by my predecessor.
+
+Under this construction of the tenure-of-office act, I have never
+doubted my power to remove Mr. Stanton.
+
+Whether the act were constitutional or not, it was always my opinion
+that it did not secure him from removal. I was, however, aware that
+there were doubts as to the construction of the law, and from the first
+I deemed it desirable that at the earliest possible moment those doubts
+should be settled and the true construction of the act fixed by decision
+of the Supreme Court of the United States. My order of suspension in
+August last was intended to place the case in such a position as would
+make a resort to a judicial decision both necessary and proper. My
+understanding and wishes, however, under that order of suspension were
+frustrated, and the late order for Mr. Stanton's removal was a further
+step toward the accomplishment of that purpose.
+
+I repeat that my own convictions as to the true construction of the law
+and as to its constitutionality were well settled and were sustained
+by every member of my Cabinet, including Mr. Stanton himself. Upon the
+question of constitutionality, each one in turn deliberately advised me
+that the tenure-of-office act was unconstitutional. Upon the question
+whether, as to those members who were appointed by my predecessor,
+that act took from me the power to remove them, one of those members
+emphatically stated in the presence of the others sitting in Cabinet
+that they did not come within the provisions of the act, and it was
+no protection to them. No one dissented from this construction, and
+I understood them all to acquiesce in its correctness. In a matter of
+such grave consequence I was not disposed to rest upon my own opinions,
+though fortified by my constitutional advisers. I have therefore sought
+to bring the question at as early a day as possible before the Supreme
+Court of the United States for final and authoritative decision.
+
+In respect to so much of the resolution as relates to the designation
+of an officer to act as Secretary of War _ad interim_, I have only to
+say that I have exercised this power under the provisions of the first
+section of the act of February 13, 1795, which, so far as they are
+applicable to vacancies caused by removals, I understand to be still
+in force.
+
+The legislation upon the subject of _ad interim_ appointments in the
+Executive Departments stands, as to the War Office, as follows:
+
+The second section of the act of the 7th of August, 1789, makes
+provision for a vacancy in the very case of a removal of the head of the
+War Department, and upon such a vacancy gives the charge and custody
+of the records, books, and papers to the chief clerk. Next, by the act
+of the 8th of May, 1792, section 8, it is provided that in case of a
+vacancy occasioned by death, absence from the seat of Government, or
+sickness of the head of the War Department the President may authorize
+a person to perform the duties of the office until a successor is
+appointed or the disability removed. The act, it will be observed, does
+not provide for the case of a vacancy caused by removal. Then, by the
+first section of the act of February 13, 1795, it is provided that in
+case of any vacancy the President may appoint a person to perform the
+duties while the vacancy exists.
+
+These acts are followed by that of the 20th of February, 1863, by the
+first section of which provision is again made for a vacancy caused by
+death, resignation, absence from the seat of Government, or sickness of
+the head of any Executive Department of the Government, and upon the
+occurrence of such a vacancy power is given to the President--
+
+ to authorize the head of any other Executive Department, or other
+ officer in either of said Departments whose appointment is vested in
+ the President, at his discretion, to perform the duties of the said
+ respective offices until a successor be appointed or until such absence
+ or inability by sickness shall cease: _Provided_, That no one vacancy
+ shall be supplied in manner aforesaid for a longer term than six months.
+
+
+This law, with some modifications, reenacts the act of 1792, and
+provides, as did that act, for the sort of vacancies so to be filled;
+but, like the act of 1792, it makes no provision for a vacancy
+occasioned by removal. It has reference altogether to vacancies arising
+from other causes.
+
+According to my construction of the act of 1863, while it impliedly
+repeals the act of 1792 regulating the vacancies therein described, it
+has no bearing whatever upon so much of the act of 1795 as applies to a
+vacancy caused by removal. The act of 1795 therefore furnishes the rule
+for a vacancy occasioned by removal--one of the vacancies expressly
+referred to in the act of the 7th of August, 1789, creating the
+Department of War. Certainly there is no express repeal by the act of
+1863 of the act of 1795. The repeal, if there is any, is by implication,
+and can only be admitted so far as there is a clear inconsistency
+between the two acts. The act of 1795 is inconsistent with that of 1863
+as to a vacancy occasioned by death, resignation, absence, or sickness,
+but not at all inconsistent as to a vacancy caused by removal.
+
+It is assuredly proper that the President should have the same power to
+fill temporarily a vacancy occasioned by removal as he has to supply
+a place made vacant by death or the expiration of a term. If, for
+instance, the incumbent of an office should be found to be wholly unfit
+to exercise its functions, and the public service should require his
+immediate expulsion, a remedy should exist and be at once applied, and
+time be allowed the President to select and appoint a successor, as is
+permitted him in case of a vacancy caused by death or the termination of
+an official term.
+
+The necessity, therefore, for an _ad interim_ appointment is just as
+great, and, indeed, may be greater in cases of removal than in any
+others. Before it be held, therefore, that the power given by the act
+of 1795 in cases of removal is abrogated by succeeding legislation an
+express repeal ought to appear. So wholesome a power should certainly
+not be taken away by loose implication.
+
+It may be, however, that in this, as in other cases of implied repeal,
+doubts may arise. It is confessedly one of the most subtle and debatable
+questions which arise in the construction of statutes. If upon such a
+question I have fallen into an erroneous construction, I submit whether
+it should be characterized as a violation of official duty and of law.
+
+I have deemed it proper, in vindication of the course which I have
+considered it my duty to take, to place before the Senate the reasons
+upon which I have based my action. Although I have been advised by
+every member of my Cabinet that the entire tenure-of-office act is
+unconstitutional, and therefore void, and although I have expressly
+concurred in that opinion in the veto message which I had the honor
+to submit to Congress when I returned the bill for reconsideration,
+I have refrained from making a removal of any officer contrary to the
+provisions of the law, and have only exercised that power in the case of
+Mr. Stanton, which, in my judgment, did not come within its provisions.
+I have endeavored to proceed with the greatest circumspection, and have
+acted only in an extreme and exceptional case, carefully following the
+course which I have marked out for myself as a general rule, faithfully
+to execute all laws, though passed over my objections on the score of
+constitutionality. In the present instance I have appealed, or sought
+to appeal, to that final arbiter fixed by the Constitution for the
+determination of all such questions. To this course I have been impelled
+by the solemn obligations which rest upon me to sustain inviolate the
+powers of the high office committed to my hands.
+
+Whatever may be the consequences merely personal to myself, I could not
+allow them to prevail against a public duty so clear to my own mind, and
+so imperative. If what was possible had been certain, if I had been
+fully advised when I removed Mr. Stanton that in thus defending the
+trust committed to my hands my own removal was sure to follow, I could
+not have hesitated. Actuated by public considerations of the highest
+character, I earnestly protest against the resolution of the Senate
+which charges me in what I have done with a violation of the
+Constitution and laws of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 25, 1868_.
+
+_To the Senate of the United States_:
+
+In further answer of the resolution of the Senate of the 13th of January
+last, relative to the appointment of the Hon. Anson Burlingame to a
+diplomatic or other mission by the Emperor of China, I transmit a report
+from the Secretary of State and the communication which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 26, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the General Commanding the Army of the
+United States, prepared in compliance with the resolution of the Senate
+of the 4th instant, requesting copies of all instructions relating to
+the Third Military District issued to General Pope and General Meade.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 4, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 17th February ultimo,
+concerning the alleged interference of the United States consul at Rome
+in the late difficulty in Italy, I transmit a report from the Secretary
+of State, containing the information called for by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit a report of this date from the Secretary of State, and the
+accompanying papers, in regard to the revolution in the Dominican
+Republic.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 21st of February last,
+in relation to the abduction of one Allan Macdonald from Canada, I
+transmit a communication from the Secretary of State, accompanied by the
+papers relating to that subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 5, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to the resolution of the House of Representatives of the
+7th of January last, in relation to the claim of the late Benjamin W.
+Perkins against the Russian Government, I transmit a communication from
+the Secretary of State, which is accompanied by the papers called for
+by the resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 6, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate the accompanying report[54] of the Secretary of
+State, in answer to their resolution of the 13th January,
+
+ANDREW JOHNSON.
+
+[Footnote 54: Relating to a claim, under the act of Congress of August
+18, 1856, of citizens of the United States to guano on Alta Vela, an
+island in the vicinity of Santo Domingo.]
+
+
+
+WASHINGTON, _March 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a treaty between the United States and His Majesty the
+King of Prussia, in the name of the North German Confederation, for the
+purpose of regulating the citizenship of those persons who emigrate from
+the Confederation to this country and from the United States to the
+North German Confederation.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 11, 1868_.
+
+_To the House of Representatives_:
+
+In further answer to the resolution of the House of Representatives of
+the 25th of November, 1867, calling for information in relation to the
+trial and conviction of American citizens in Great Britain and Ireland
+for the last two years, I transmit a continuation of the report from the
+Secretary of State upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 14, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 27th of January
+last, in relation to the arrest and trial of the Rev. John McMahon,
+Robert B. Lynch, and John Warren by the Government of Great Britain, and
+requesting to be informed what action has been taken by this Government
+in maintaining the rights of American citizens abroad, I transmit a
+report of the Secretary of State, which is accompanied by a copy of
+the papers called for by that resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _March 18, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made on the 2d day of March, 1868, by and between Nathaniel G.
+Taylor, Commissioner of Indian Affairs; Alexander C. Hunt, governor and
+_ex officio_ superintendent of Indian affairs of Colorado Territory, and
+Kit Carson, on the part of the United States, and the representatives
+of the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and
+Uintah bands of Ute Indians.
+
+A letter of the Secretary of the Interior of the 17th instant and the
+papers therein referred to are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 24, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention, signed on the 23d instant, for the surrender
+of criminals, between the United States and the Government of Italy.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 24, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report[55] and accompanying documents, in answer
+to a resolution of the House of Representatives of the 18th ultimo.
+
+ANDREW JOHNSON.
+
+[Footnote 55: Relating to unexpended appropriations for contingent
+expenses of foreign intercourse; amount remaining on deposit with
+Baring Brothers & Co. September 30, 1867, etc.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to a resolution
+of the 9th instant, the accompanying report[56] from the Secretary of
+State.
+
+ANDREW JOHNSON.
+
+[Footnote 56: Declining to transmit copies of correspondence,
+negotiations, and treaties with German States since January 1, 1868,
+relative to the rights of naturalized citizens.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report and accompanying document,[57] in answer
+to a resolution of the House of Representatives of the 18th ultimo.
+
+ANDREW JOHNSON.
+
+[Footnote 57: Statement of amounts paid for legal services by the
+Department of State during each year since 1860, with names of persons
+to whom paid.]
+
+
+
+WASHINGTON, _March 25, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to a resolution of the House of Representatives of the 18th
+ultimo, relating to the report of Mr. Cowdin, I transmit a report of
+the Secretary of State and the document[58] to which it refers.
+
+ANDREW JOHNSON.
+
+[Footnote 58: Report of Elliot C. Cowdin, United States commissioner
+to the Paris Exposition of 1867, on silk and silk manufactures.]
+
+
+
+WASHINGTON, _April 2, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in further answer to their
+resolution of the 9th ultimo, the accompanying report[59] from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 59: Transmitting correspondence pertaining to the convention
+of February 22, 1868, with the North German Confederation, relative to
+naturalization.]
+
+
+
+WASHINGTON, _April 2, 1868_.
+
+_To the House of Representatives_:
+
+In further reply to the resolution adopted by the House of Representatives
+on the 19th of December, 1867, calling for correspondence and information
+in relation to Russian America, I transmit a report from the Secretary of
+State and the papers which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 3, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State and the papers
+accompanying it, in answer to a resolution of the House of
+Representatives of the 10th of February last, requesting information
+relative to the imprisonment and destruction of the property of Antonio
+Pelletier by the people and authorities of Hayti.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 13, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 5th of February last,
+calling for the correspondence upon the subject of the murder by the
+inhabitants of the island of Formosa of the ship's company of the
+American bark _Rover_, I transmit a report from the Secretary of State
+and a report from the Secretary of the Navy, with accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 18, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 14th of April instant,
+calling for information relative to any application by any party for
+exclusive privileges in connection with hunting, trading, and the
+fisheries in Alaska, I transmit herewith the report of the Secretary
+of State on the subject, with its accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _April 22, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 28th ultimo,
+requesting information as to the number and designations of military
+departments formed since the 1st day of August, 1867, and as to the
+statute or other authority under which they have been established,
+I transmit a report from the Adjutant-General's Office showing the
+organization since that date of the Department of Alaska and the
+Military Division of the Atlantic.
+
+The orders issued by me upon this subject are in accordance with
+long-established usage and hitherto unquestioned authority. This will be
+readily seen from the accompanying report, which shows that, employing
+the authority vested by the Constitution in the President as Commander
+in Chief of the Army, it has been customary for my predecessors to
+create such military divisions and departments as from time to time
+they deemed advisable.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _April 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I submit a report of the Secretary of State, concerning the
+naturalization treaty recently negotiated between the United States
+and North Germany.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 5, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents, which I deem it
+proper to state are all the papers[60] that have been submitted to the
+President relating to the proceedings to which they refer in the States
+of South Carolina and Arkansas.
+
+ANDREW JOHNSON.
+
+[Footnote 60: Constitutions of South Carolina and Arkansas.]
+
+
+
+WASHINGTON, _May 6, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in further answer to their resolution of the
+14th of April last, the accompanying report[61] from the Secretary of
+State.
+
+ANDREW JOHNSON.
+
+[Footnote 61: Relating to application for exclusive privileges in
+connection with hunting, trading, and the fisheries in Alaska.]
+
+
+
+WASHINGTON, D.C., _May 8, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith reports from the Secretary of the Treasury and the
+Secretary of the Navy, prepared in compliance with a resolution of the
+House of Representatives of the 12th of December last, requesting
+information respecting the sale of public vessels since the close of the
+rebellion. No report upon the subject has yet been received from the
+Department of War.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _May 9, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their resolution
+of the 14th ultimo, a report from the Secretary of State, with accompanying
+papers.[62]
+
+ANDREW JOHNSON.
+
+[Footnote 62: Report of Freeman H. Morse, United States consul at
+Condon, on "The Foreign Maritime Commerce of the United States: Its
+Past, Present, and Future," etc.]
+
+
+
+WASHINGTON, _May 9, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith reports from the Secretary of the Treasury and the
+Attorney-General, prepared in compliance with the resolution of the
+Senate of the 17th December last, requesting information in reference to
+the seizure and confiscation of property. No report upon this subject
+has yet been received by me from the War Department.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 11, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents,[63] which embrace
+all the papers that have been submitted to me relating to the proceedings
+to which they refer in the States of North Carolina and Louisiana.
+
+ANDREW JOHNSON.
+
+[Footnote 63: Constitutions of North Carolina and Louisiana.]
+
+
+
+WASHINGTON, _May 15, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 8th instant, a report[64] from the Secretary of State,
+with accompanying papers.
+
+ANDREW JOHNSON.
+
+[Footnote 64: Relating to the detention, at the request of the House
+of Representatives, of the ironclad monitors _Oneoto_ and _Catawba_,
+purchased from the United States by Swift & Co., and supposed to be
+intended for the Government of Peru, then at war with a power friendly
+to the United States.]
+
+
+
+WASHINGTON, D.C., _May 18, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying document,[65] which is the
+only paper which has been submitted to me relating to the proceedings
+to which it refers in the State of Georgia.
+
+ANDREW JOHNSON.
+
+[Footnote 65: Constitution of Georgia.]
+
+
+
+WASHINGTON, _May 23, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, with
+accompaniments, in relation to recent events in the Empire of Japan.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _May 27, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress the accompanying documents,[66] which are the
+only papers which have been submitted to me relating to the proceedings
+to which they refer in the State of Florida.
+
+ANDREW JOHNSON.
+
+[Footnote 66: Letter from the president of the constitutional convention
+of Florida, transmitting a copy of the constitution of that State.]
+
+
+
+WASHINGTON, _May 29, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a letter from the Secretary of the Navy, in reply
+to the resolution of the House of Representatives adopted on the 26th
+instant, making inquiries relative to a naval force at Hayti.
+
+ANDREW JOHNSON.
+
+
+WASHINGTON, _June 2, 1868_.
+
+_To the Senate of the United States_:
+
+I communicate, for the information of the Senate, in confidence, a
+report of the Secretary of State, accompanied by a copy of a dispatch
+recently received from the acting consul of the United States at San
+Jose, Costa Rica.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 2, 1868_.
+
+_To the Senate of the United States_:
+
+I communicate, for the consideration of the Senate, a report from
+the Secretary of State, accompanied by a copy of a dispatch recently
+received from the acting United States consul in charge of the legation
+at San Jose, Costa Rica.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 5, 1868_.
+
+_To the House of Representatives_:
+
+In further answer to the resolution of the House of Representatives of
+the 25th of November, 1867, calling for information in relation to the
+trial and conviction of American citizens in Great Britain and Ireland
+for the last two years, I transmit the accompanying report from the
+Secretary of State upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 8, 1868_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 28th ultimo, I
+transmit herewith a communication from the Postmaster-General, with a
+copy of the correspondence recently had with the authorities of Great
+Britain in relation to a new postal treaty.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C. _June 10, 1868_.
+
+_To the House of Representatives_:
+
+In reply to the resolution of the House of Representatives of the
+1st instant, I transmit herewith a report from the Secretary of the
+Interior, in reference to a treaty now being negotiated between the
+Great and Little Osage Indians and the special Indian commissioners
+acting on the part of the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C. _June 13, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith submit to the Senate, for its constitutional action thereon,
+a treaty concluded on the 27th ultimo between commissioners on the part
+of the United States and the Great and Little Osage tribe of Indians of
+Kansas, together with a communication from the Secretary of the Interior
+suggesting an amendment to the fourteenth article, and a copy of the
+report of the commissioners.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 15, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Interior, made in
+reply to the resolution adopted by the House of Representatives on the
+13th instant.
+
+The treaty recently concluded with the Great and Little Osage Indians,
+to which the accompanying report refers, was submitted to the Senate
+prior to the receipt of the resolution of the House upon the subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to its
+ratification, a treaty between the United States and His Majesty the
+King of Bavaria, signed at Munich on the 26th ultimo, concerning the
+citizenship of persons emigrating from Bavaria to the United States and
+from the United States to the Kingdom of Bavaria. I transmit also a copy
+of the letter of the United States minister communicating the treaty, of
+the protocol which accompanied it, and a translation of the Bavarian
+military law referred to in the latter paper.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, for its constitutional action
+thereon, a treaty concluded at Fort Sumner, N. Mex., on the 1st instant,
+between Lieutenant-General W. T. Sherman and Colonel Samuel F. Tappan,
+on the part of the United States, and the chiefs and headmen of the
+Navajo Indians, on the part of the latter. I also transmit a communication
+upon the subject from the Secretary of the Interior, with the accompanying
+papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 22, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 28th
+ultimo, a report from the Secretary of State, with accompanying
+papers.[67]
+
+ANDREW JOHNSON.
+
+[Footnote 67: Correspondence relative to the act of Congress of March
+27, 1867, prohibiting persons in the diplomatic service of the United
+States from wearing any uniform or official costume not previously
+authorized by Congress.]
+
+
+
+WASHINGTON, _June 23, 1868_.
+
+_To the House of Representatives_:
+
+I transmit a report from the Secretary of State, in answer to a
+resolution of the House of Representatives of the 15th instant, upon the
+subject of Messrs. Warren and Costello, who have been convicted and
+sentenced to penal imprisonment in Great Britain.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 23, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a copy of a dispatch addressed to the
+Department of State by the consul of the United States at Bangkok,
+Siam, dated December 31, 1867, with a view to its consideration and
+the ratification thereof, of the modification proposed by the royal
+counselors of the Kingdom of Siam in Article I of the general
+regulations which form a part of the treaty between the United States
+and that Kingdom concluded May 29, 1856, of which a printed copy is
+also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _June 29, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a dispatch from the United States
+consul at Elsinore, and of an instruction from the Secretary of State
+to the United States minister at Copenhagen, relative to an alleged
+practice of the Danish authorities to banish convicts to this country.
+The expediency of making it a penal offense to bring such persons to
+the United States is submitted to your consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 2, 1868_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of State of the 2d
+instant, together with accompanying papers.[68]
+
+ANDREW JOHNSON.
+
+[Footnote 68: Petitions of merchants and shipowners of New York and
+Boston relative to the detention, at the request of the House of
+Representatives, of the ironclad monitors _Oneoto_ and _Calawba_,
+purchased from the United States by Swift & Co., and supposed to be
+intended for the Government of Peru, then at war with a power friendly
+to the United States.]
+
+
+
+WASHINGTON, D.C., _July 7, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded at Fort Laramie, Dakota Territory, on the 7th of May,
+1868, between the United States and the chiefs and headmen of the Crow
+Indians of Montana, and a treaty concluded at Fort Lyaramie, Dakota
+Territory, on the 10th of May, 1868, between the United States and the
+chiefs and headmen of the Northern Cheyenne and Northern Arapahoe tribes
+of Indians.
+
+A letter from the Secretary of the Interior suggesting amendments to
+said treaties, and the papers to which he refers in his communication,
+are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 7, 1868_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty made and concluded at Ottawa, Kans., on the 1st day of June,
+1868, between the United States and the Swan Creek and Black River
+Chippewas and the Munsee or Christian Indians of the State of Kansas.
+
+Accompanying the treaty is a letter from the Secretary of the Interior,
+dated the 30th ultimo, together with the papers therein designated.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 9, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+additional articles to the treaty between the United States and His
+Majesty the Emperor of China of the 18th June, 1858, signed in this city
+on the 4th instant by the plenipotentiaries of the parties.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to ratification,
+a convention between the United States and the Mexican Republic, signed
+in this city by the plenipotentiaries of the parties on the 4th instant,
+providing for an adjustment of claims of citizens of the United States
+on the Mexican Government and of Mexican citizens on the Government of
+the United States.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 10, 1868_.
+
+_To the Senate of the United States_:
+
+Referring to my message to the Senate of the 23d of May last, I herewith
+transmit a further report from the Secretary of State, with an
+accompanying document, relative to late occurrences in Japan.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 14, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report from the Secretary of State, inclosing
+a list of the States of the Union whose legislatures have ratified the
+proposed fourteenth article of amendment to the Constitution of the
+United States, and also a copy of the resolutions of ratification, as
+called for in the Senate's resolution of the 9th instant, together with
+a copy of the respective resolutions of the legislatures of Ohio and New
+Jersey purporting to rescind the resolutions of ratification of said
+amendment which had previously been adopted by the legislatures of these
+two States, respectively, or to withdraw their consent to the same.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 15, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I hereby transmit to Congress a report, with the accompanying
+papers, received from the Secretary of State, in compliance with the
+requirements of the eighteenth section of the act entitled "An act to
+regulate the diplomatic and consular systems of the United States,"
+approved August 18, 1856.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 15, 1868_.
+
+_To the Congress of the United States_:
+
+I submit herewith a correspondence between the Secretary of State and
+Mr. Robert B. Van Valkenburgh, minister resident of the United States
+in Japan. It seems to show the importance of an amendment of the law
+of the United States prohibiting the cooly trade.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 17, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of a
+paper received by him to-day, purporting to be a resolution ratifying on
+the part of the State of Louisiana the proposed amendment to the
+Constitution of the United States known as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 18, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of a
+paper received by me on the 18th instant, purporting to be a resolution
+of the senate and house of representatives of the State of South
+Carolina, ratifying the proposed amendment to the Constitution of the
+United States known as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 18, 1868_.
+
+_To the Senate and House of Representatives_:
+
+Experience has fully demonstrated the wisdom of the framers of the
+Federal Constitution. Under all circumstances the result of their
+labors was as near an approximation to perfection as was compatible
+with the fallibility of man. Such being the estimation in which the
+Constitution is and has ever been held by our countrymen, it is not
+surprising that any proposition for its alteration or amendment should
+be received with reluctance and distrust. While this sentiment deserves
+commendation and encouragement as a useful preventive of unnecessary
+attempt to change its provisions, it must be conceded that time has
+developed imperfections and omissions in the Constitution, the
+reformation of which has been demanded by the best interests of the
+country. Some of these have been remedied in the manner provided in
+the Constitution itself. There are others which, although heretofore
+brought to the attention of the people, have never been so presented
+as to enable the popular judgment to determine whether they should
+be corrected by means of additional amendments. My object in this
+communication is to suggest certain defects in the Constitution which
+seem to me to require correction, and to recommend that the judgment
+of the people be taken on the amendments proposed.
+
+The first of the defects to which I desire to direct attention is in
+that clause of the Constitution which provides for the election of
+President and Vice-President through the intervention of electors, and
+not by an immediate vote of the people. The importance of so amending
+this clause as to secure to the people the election of President and
+Vice-President by their direct votes was urged with great earnestness
+and ability by President Jackson in his first annual message, and the
+recommendation was repeated in five of his subsequent communications to
+Congress, extending through the eight years of his Administration. In
+his message of 1829 he said:
+
+ To the people belongs the right of electing their Chief Magistrate; it
+ was never designed that their choice should in any case be defeated,
+ either by the intervention of electoral colleges or by the agency
+ confided, under certain contingencies, to the House of Representatives.
+
+
+He then proceeded to state the objections to an election of President
+by the House of Representatives, the most important of which was that
+the choice of a clear majority of the people might be easily defeated.
+He then closed the argument with the following communication:
+
+ I would therefore recommend such an amendment of the Constitution as
+ may remove all intermediate agency in the election of the President and
+ Vice-President. The mode may be so regulated as to preserve to each
+ State its present relative weight in the election, and a failure in the
+ first attempt may be provided for by confining the second to a choice
+ between the two highest candidates. In connection with such an amendment
+ it would seem advisable to limit the service of the Chief Magistrate to
+ a single term of either four or six years. If, however, it should not be
+ adopted, it is worthy of consideration whether a provision disqualifying
+ for office the Representatives in Congress on whom such an election may
+ have devolved would not be proper.
+
+
+Although this recommendation was repeated with undiminished
+earnestness in several of his succeeding messages, yet the proposed
+amendment was never adopted and submitted to the people by Congress. The
+danger of a defeat of the people's choice in an election by the House of
+Representatives remains unprovided for in the Constitution, and would
+be greatly increased if the House of Representatives should assume the
+power arbitrarily to reject the votes of a State which might not be
+cast in conformity with the wishes of the majority in that body.
+
+But if President Jackson failed to secure the amendment to the
+Constitution which he urged so persistently, his arguments contributed
+largely to the formation of party organizations, which have effectually
+avoided the contingency of an election by the House of Representatives.
+These organizations, first by a resort to the caucus system of
+nominating candidates, and afterwards to State and national conventions,
+have been successful in so limiting the number of candidates as to
+escape the danger of an election by the House of Representatives.
+
+It is clear, however, that in thus limiting the number of candidates
+the true object and spirit of the Constitution have been evaded and
+defeated. It is an essential feature in our republican system of
+government that every citizen possessing the constitutional
+qualifications has a right to become a candidate for the office of
+President and Vice-President, and that every qualified elector has a
+right to cast his vote for any citizen whom he may regard as worthy of
+these offices. But under the party organizations which have prevailed
+for years these asserted rights of the people have been as effectually
+cut off and destroyed as if the Constitution itself had inhibited their
+exercise.
+
+The danger of a defeat of the popular choice in an election by the House
+of Representatives is no greater than in an election made nominally by
+the people themselves, when by the laws of party organizations and by
+the constitutional provisions requiring the people to vote for electors
+instead of for the President or Vice-President it is made impracticable
+for any citizen to be a candidate except through the process of a party
+nomination, and for any voter to cast his suffrage for any other person
+than one thus brought forward through the manipulations of a nominating
+convention. It is thus apparent that by means of party organizations
+that provision of the Constitution which requires the election of
+President and Vice-President to be made through the electoral colleges
+has been made instrumental and potential in defeating the great object
+of conferring the choice of these officers upon the people. It may be
+conceded that party organizations are inseparable from republican
+government, and that when formed and managed in subordination to the
+Constitution they may be valuable safeguards of popular liberty; but
+when they are perverted to purposes of bad ambition they are liable
+to become the dangerous instruments of overthrowing the Constitution
+itself. Strongly impressed with the truth of these views, I feel
+called upon by an imperative sense of duty to revive substantially the
+recommendation so often and so earnestly made by President Jackson,
+and to urge that the amendment to the Constitution herewith presented,
+or some similar proposition, may be submitted to the people for their
+ratification or rejection.
+
+Recent events have shown the necessity of an amendment to the
+Constitution distinctly defining the persons who shall discharge the
+duties of President of the United States in the event of a vacancy in
+that office by the death, resignation, or removal of both the President
+and Vice-President. It is clear that this should be fixed by the
+Constitution, and not be left to repealable enactments of doubtful
+constitutionality. It occurs to me that in the event of a vacancy in the
+office of President by the death, resignation, disability, or removal of
+both the President and Vice-President the duties of the office should
+devolve upon an officer of the executive department of the Government,
+rather than one connected with the legislative or judicial departments.
+The objections to designating either the President _pro tempore_ of
+the Senate or the Chief Justice of the Supreme Court, especially
+in the event of a vacancy produced by removal, are so obvious and so
+unanswerable that they need not be stated in detail. It is enough
+to state that they are both interested in producing a vacancy, and,
+according to the provisions of the Constitution, are members of the
+tribunal by whose decree a vacancy may be produced.
+
+Under such circumstances the impropriety of designating either
+of these officers to succeed the President so removed is palpable.
+The framers of the Constitution, when they referred to Congress the
+settlement of the succession to the office of President in the event of
+a vacancy in the offices of both President and Vice-President, did not,
+in my opinion, contemplate the designation of any other than an officer
+of the executive department, on whom, in such a contingency, the powers
+and duties of the President should devolve. Until recently the
+contingency has been remote, and serious attention has not been called
+to the manifest incongruity between the provisions of the Constitution
+on this subject and the act of Congress of 1792. Having, however, been
+brought almost face to face with this important question, it seems an
+eminently proper time for us to make the legislation conform to the
+language, intent, and theory of the Constitution, and thus place the
+executive department beyond the reach of usurpation, and remove from the
+legislative and judicial departments every temptation to combine for the
+absorption of all the powers of government.
+
+It has occurred to me that in the event of such a vacancy the duties of
+President would devolve most appropriately upon some one of the heads of
+the several Executive Departments, and under this conviction I present
+for your consideration an amendment to the Constitution on this subject,
+with the recommendation that it be submitted to the people for their
+action.
+
+Experience seems to have established the necessity of an amendment
+of that clause of the Constitution which provides for the election of
+Senators to Congress by the legislatures of the several States. It would
+be more consistent with the genius of our form of government if the
+Senators were chosen directly by the people of the several States.
+The objections to the election of Senators by the legislatures are
+so palpable that I deem it unnecessary to do more than submit the
+proposition for such an amendment, with the recommendation that it
+be opened to the people for their judgment.
+
+It is strongly impressed on my mind that the tenure of office by
+the judiciary of the United States during good behavior for life is
+incompatible with the spirit of republican government, and in this
+opinion I am fully sustained by the evidence of popular judgment upon
+this subject in the different States of the Union.
+
+I therefore deem it my duty to recommend an amendment to the
+Constitution by which the terms of the judicial officers would be
+limited to a period of years, and I herewith present it in the hope that
+Congress will submit it to the people for their decision.
+
+The foregoing views have long been entertained by me. In 1845, in the
+House of Representatives, and afterwards, in 1860, in the Senate of the
+United States, I submitted substantially the same propositions as those
+to which the attention of Congress is herein invited. Time, observation,
+and experience have confirmed these convictions; and, as a matter of
+public duty and a deep sense of my constitutional obligation "to
+recommend to the consideration of Congress such measures as I deem
+necessary and expedient," I submit the accompanying propositions, and
+urge their adoption and submission to the judgment of the people.
+
+ANDREW JOHNSON.
+
+
+
+ JOINT RESOLUTION proposing amendments to the Constitution of the
+ United States.
+
+ Whereas the fifth article of the Constitution of the United States
+ provides for amendments thereto in the manner following, viz:
+
+ "The Congress, whenever two-thirds of both Houses shall deem it
+ necessary, shall propose amendments to this Constitution, or, on the
+ application of the legislatures of two-thirds of the several States,
+ shall call a convention for proposing amendments, which in either case
+ shall be valid to all intents and purposes as part of this Constitution
+ when ratified by the legislatures of three-fourths of the several States
+ or by conventions in three-fourths thereof, as the one or the other mode
+ of ratification may be proposed by the Congress: _Provided_, That no
+ amendment which may be made prior to the year 1808 shall in any manner
+ affect the first and fourth clauses in the ninth section of the first
+ article, and that no State, without its consent, shall be deprived of
+ its equal suffrage in the Senate:"
+
+ Therefore,
+
+ _Be it resolved by the Senate and House of Representatives of the United
+ States of America in Congress assembled (two-thirds of both Houses
+ concurring_), That the following amendments to the Constitution of the
+ United States be proposed to the legislatures of the several States,
+ which, when ratified by the legislatures of three-fourths of the States,
+ shall be valid to all intents and purposes as part of the Constitution:
+
+ "That hereafter the President and Vice-President of the United States
+ shall be chosen for the term of six years, by the people of the
+ respective States, in the manner following: Each State shall be divided
+ by the legislature thereof in districts, equal in number to the whole
+ number of Senators and Representatives to which such State may be
+ entitled in the Congress of the United States; the said districts to
+ be composed of contiguous territory, and to contain, as nearly as may
+ be, an equal number of persons entitled to be represented under the
+ Constitution, and to be laid off for the first time immediately after
+ the ratification of this amendment; that on the first Thursday in August
+ in the year 18--, and on the same day every sixth year thereafter, the
+ citizens of each State who possess the qualifications requisite for
+ electors of the most numerous branch of the State legislatures shall
+ meet within their respective districts and vote for a President and
+ Vice-President of the United States; and the person receiving the
+ greatest number of votes for President and the one receiving the
+ greatest number of votes for Vice-President in each district shall
+ be holden to have received one vote, which fact shall be immediately
+ certified by the governor of the State to each of the Senators in
+ Congress from such State and to the President of the Senate and the
+ Speaker of the House of Representatives. The Congress of the United
+ States shall be in session on the second Monday in October in the year
+ 18--, and on the same day in every sixth year thereafter; and the
+ President of the Senate, in the presence of the Senate and House of
+ Representatives, shall open all the certificates, and the votes shall
+ then be counted. The person having the greatest number of votes for
+ President shall be President, if such number be equal to a majority of
+ the whole number of votes given; but if no person have such majority,
+ then a second election shall be held on the first Thursday in the month
+ of December then next ensuing between the persons having the two highest
+ numbers for the office of President, which second election shall be
+ conducted, the result certified, and the votes counted in the same
+ manner as in the first, and the person having the greatest number of
+ votes for President shall be President. But if two or more persons shall
+ have received the greatest and an equal number of votes at the second
+ election, then the person who shall have received the greatest number of
+ votes in the greatest number of States shall be President. The person
+ having the greatest number of votes for Vice-President at the first
+ election shall be Vice-President, if such number be equal to a majority
+ of the whole number of votes given; and if no person have such majority,
+ then a second election shall take place between the persons having the
+ two highest numbers on the same day that the second election is held for
+ President, and the person having the highest number of the votes for
+ Vice-President shall be Vice-President. But if there should happen to
+ be an equality of votes between the persons so voted for at the second
+ election, then the person having the greatest number of votes in the
+ greatest number of States shall be Vice-President. But when a second
+ election shall be necessary in the case of Vice-President and not
+ necessary in the case of President, then the Senate shall choose a
+ Vice-President from the persons having the two highest numbers in the
+ first election, as now prescribed in the Constitution: _Provided_,
+ That after the ratification of this amendment to the Constitution the
+ President and Vice-President shall hold their offices, respectively, for
+ the term of six years, and that no President or Vice-President shall be
+ eligible for reelection to a second term."
+
+ Sec. 2. _And be it further resolved_, That Article II, section I,
+ paragraph 6, of the Constitution of the United States shall be amended
+ so as to read as follows:
+
+ "In case of the removal of the President from office, or of his death,
+ resignation, or inability to discharge the powers and duties of said
+ office, the same shall devolve on the Vice-President; and in the case of
+ the removal, death, resignation, or inability both of the President and
+ Vice-President, the powers and duties of said office shall devolve on
+ the Secretary of State for the time being, and after this officer, in
+ case of vacancy in that or other Department, and in the order in which
+ they are named, on the Secretary of the Treasury, on the Secretary of
+ War, on the Secretary of the Navy, on the Secretary of the Interior, on
+ the Postmaster-General, and on the Attorney-General; and such officer,
+ on whom the powers and duties of President shall devolve in accordance
+ with the foregoing provisions, shall then act as President until the
+ disability shall be removed or a President shall be elected, as is or
+ may be provided for by law."
+
+ Sec. 3. _And be it further resolved_, That Article I, section 3, be
+ amended by striking out the word "legislature," and inserting in lieu
+ thereof the following words, viz: "Persons qualified to vote for members
+ of the most numerous branch of the legislature," so as to make the third
+ section of said article, when ratified by three-fourths of the States,
+ read as follows, to wit:
+
+ "The Senate of the United States shall be composed of two Senators from
+ each State, chosen by the persons qualified to vote for the members of
+ the most numerous branch of the legislature thereof, for six years, and
+ each Senator shall have one vote."
+
+ Sec. 4. _And be it further resolved_, That Article III, section I, be
+ amended by striking out the words "good behavior," and inserting the
+ following words, viz: "the term of twelve years." And further, that said
+ article and section be amended by adding the following thereto, viz:
+ "And it shall be the duty of the President of the United States, within
+ twelve months after the ratification of this amendment by three-fourths
+ of all the States, as provided by the Constitution of the United States,
+ to divide the whole number of judges, as near as may be practicable,
+ into three classes. The seats of the judges of the first class shall be
+ vacated at the expiration of the fourth year from such classification,
+ of the second class at the expiration of the eighth year, and of the
+ third class at the expiration of the twelfth year, so that one-third may
+ be chosen every fourth year thereafter."
+
+ The article as amended will read as follows:
+
+ Article III.
+
+ Sec. I. The judicial power of the United States shall be vested in one
+ Supreme Court and such inferior courts as the Congress from time to time
+ may ordain and establish. The judges, both of the Supreme and inferior
+ courts, shall hold their offices during the term of twelve years, and
+ shall at stated times receive for their services a compensation which
+ shall not be diminished during their continuance in office; and it shall
+ be the duty of the President of the United States, within twelve months
+ after the ratification of this amendment by three-fourths of all the
+ States, as provided by the Constitution of the United States, to divide
+ the whole number of judges, as near as may be practicable, into three
+ classes. The seats of the judges of the first class shall be vacated at
+ the expiration of the fourth year from such classification; of the
+ second class, at the expiration of the eighth year; and of the third
+ class, at the expiration of the twelfth year, so that one-third may be
+ chosen every fourth year thereafter.
+
+
+
+WASHINGTON, D.C., _July 18, 1868_.
+
+_To the House of Representatives_:
+
+In compliance with the resolution adopted by the House of Representatives
+on the 13th instant, requesting "copies of all instructions, records,
+and correspondence connected with the commission authorized to negotiate
+the late treaty with the Great and Little Osage Indians, and copies of
+all propositions made to said commission from railroad corporations or
+by individuals," I transmit the accompanying communications from the
+Secretary of the Interior, together with the papers to which they have
+reference.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 20, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolution of the 9th
+instant, a report from the Secretary of State, communicating a copy of
+a paper received by me this day, purporting to be a resolution of the
+senate and house of representatives of the State of Alabama ratifying
+the proposed amendment to the Constitution of the United States known
+as Article XIV.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 24, 1868_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a letter from the Secretary of the Navy, inclosing a
+report of a board of naval officers appointed in pursuance of an act of
+Congress approved May 19, 1868, to select suitable locations for powder
+magazines.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 27, 1868_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 24th instant, the accompanying report[69] from the
+Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 69: Relating to absence from his post of the consul at Panama.]
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, D.C., _March 25, 1868_.
+
+_To the Senate of the United States_:
+
+I have considered, with such care as the pressure of other duties has
+permitted, a bill entitled "An act to amend an act entitled 'An act to
+amend the judiciary act, passed the 24th of September, 1789.'" Not being
+able to approve all of its provisions, I herewith return it to the
+Senate, in which House it originated, with a brief statement of my
+objections.
+
+The first section of the bill meets my approbation, as, for the purpose
+of protecting the rights of property from the erroneous decision of
+inferior judicial tribunals, it provides means for obtaining uniformity,
+by appeal to the Supreme Court of the United States, in cases which have
+now become very numerous and of much public interest, and in which such
+remedy is not now allowed. The second section, however, takes away the
+right of appeal to that court in cases which involve the life and
+liberty of the citizen, and leaves them exposed to the judgment of
+numerous inferior tribunals. It is apparent that the two sections were
+conceived in a very different spirit, and I regret that my objections
+to one impose upon me the necessity of withholding my sanction from the
+other.
+
+I can not give my assent to a measure which proposes to deprive
+any person "restrained of his or her liberty in violation of the
+Constitution or of any treaty or law of the United States" from
+the right of appeal to the highest judicial authority known to our
+Government. To "secure the blessings of liberty to ourselves and our
+posterity" is one of the declared objects of the Federal Constitution.
+To assure these, guaranties are provided in the same instrument, as well
+against "unreasonable searches and seizures" as against the suspensions
+of "the privilege of the writ of _habeas corpus_, * * * unless when, in
+cases of rebellion or invasion, the public safety may require it." It
+was doubtless to afford the people the means of protecting and enforcing
+these inestimable privileges that the jurisdiction which this bill
+proposes to take away was conferred upon the Supreme Court of the
+nation. The act conferring that jurisdiction was approved on the 5th day
+of February, 1867, with a full knowledge of the motives that prompted its
+passage, and because it was believed to be necessary and right. Nothing
+has since occurred to disprove the wisdom and justness of the measures,
+and to modify it as now proposed would be to lessen the protection of
+the citizen from the exercise of arbitrary power and to weaken the
+safeguards of life and liberty, which can never be made too secure
+against illegal encroachments.
+
+The bill not only prohibits the adjudication by the Supreme Court
+of cases in which appeals may hereafter be taken, but interdicts its
+jurisdiction on appeals which have already been made to that high
+judicial body. If, therefore, it should become a law, it will by its
+retroactive operation wrest from the citizen a remedy which he enjoyed
+at the time of his appeal. It will thus operate most harshly upon those
+who believe that justice has been denied them in the inferior courts.
+
+The legislation proposed in the second section, it seems to me, is not
+in harmony with the spirit and intention of the Constitution. It can
+not fail to affect most injuriously the just equipoise of our system
+of Government, for it establishes a precedent which, if followed, may
+eventually sweep away every check on arbitrary and unconstitutional
+legislation. Thus far during the existence of the Government the Supreme
+Court of the United States has been viewed by the people as the true
+expounder of their Constitution, and in the most violent party conflicts
+its judgments and decrees have always been sought and deferred to with
+confidence and respect. In public estimation it combines judicial wisdom
+and impartiality in a greater degree than any other authority known to
+the Constitution, and any act which may be construed into or mistaken
+for an attempt to prevent or evade its decision on a question which
+affects the liberty of the citizens and agitates the country can
+not fail to be attended with unpropitious consequences. It will be
+justly held by a large portion of the people as an admission of the
+unconstitutionally of the act on which its judgment may be forbidden or
+forestalled, and may interfere with that willing acquiescence in its
+provisions which is necessary for the harmonious and efficient execution
+of any law.
+
+For these reasons, thus briefly and imperfectly stated, and for others,
+of which want of time forbids the enumeration, I deem it my duty to
+withhold my assent from this bill, and to return it for the
+reconsideration of Congress.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 20, 1868_.
+
+_To the House of Representatives_:
+
+I return without my signature a bill entitled "An act to admit the State
+of Arkansas to representation in Congress."
+
+The approval of this bill would be an admission on the part of the
+Executive that the "Act for the more efficient government of the rebel
+States," passed March 2, 1867, and the acts supplementary thereto were
+proper and constitutional. My opinion, however, in reference to those
+measures has undergone no change, but, on the contrary, has been
+strengthened by the results which have attended their execution. Even
+were this not the case, I could not consent to a bill which is based
+upon the assumption either that by an act of rebellion of a portion
+of its people the State of Arkansas seceded from the Union, or that
+Congress may at its pleasure expel or exclude a State from the Union,
+or interrupt its relations with the Government by arbitrarily depriving
+it of representation in the Senate and House of Representatives. If
+Arkansas is a State not in the Union, this bill does not admit it as
+a State into the Union. If, on the other hand, Arkansas is a State
+in the Union, no legislation is necessary to declare it entitled
+"to representation in Congress as one of the States of the Union." The
+Constitution already declares that "each State shall have at least one
+Representative;" that the Senate "shall be composed of two Senators from
+each State," and "that no State, without its consent, shall be deprived
+of its equal suffrage in the Senate."
+
+That instrument also makes each House "the judge of the elections,
+returns, and qualifications of its own members," and therefore all that
+is now necessary to restore Arkansas in all its constitutional relations
+to the Government is a decision by each House upon the eligibility of
+those who, presenting their credentials, claim seats in the respective
+Houses of Congress. This is the plain and simple plan of the
+Constitution; and believing that had it been pursued when Congress
+assembled in the month of December, 1865, the restoration of the States
+would long since have been completed, I once again earnestly recommend
+that it be adopted by each House in preference to legislation, which I
+respectfully submit is not only of at least doubtful constitutionality,
+and therefore unwise and dangerous as a precedent, but is unnecessary,
+not so effective in its operation as the mode prescribed by the
+Constitution, involves additional delay, and from its terms may be taken
+rather as applicable to a Territory about to be admitted as one of the
+United States than to a State which has occupied a place in the Union
+for upward of a quarter of a century.
+
+The bill declares the State of Arkansas entitled and admitted to
+representation in Congress as one of the States of the Union upon the
+following fundamental condition:
+
+ That the constitution of Arkansas shall never be so amended or changed
+ as to deprive any citizen or class of citizens of the United States of
+ the right to vote who are entitled to vote by the constitution herein
+ recognized, except as a punishment for such crimes as are now felonies
+ at common law, whereof they shall have been duly convicted under laws
+ equally applicable to all the inhabitants of said State: _Provided_,
+ That any alteration of said constitution, prospective in its effect,
+ may be made in regard to the time and place of residence of voters.
+
+I have been unable to find in the Constitution of the United States any
+warrant for the exercise of the authority thus claimed by Congress.
+In assuming the power to impose a "fundamental condition" upon a State
+which has been duly "admitted into the Union upon an equal footing with
+the original States in all respects whatever," Congress asserts a right
+to enter a State as it may a Territory, and to regulate the highest
+prerogative of a free people--the elective franchise. This question is
+reserved by the Constitution to the States themselves, and to concede
+to Congress the power to regulate the subject would be to reverse the
+fundamental principle of the Republic and to place in the hands of the
+Federal Government, which is the creature of the States, the sovereignty
+which justly belongs to the States or the people--the true source of all
+political power, by whom our Federal system was created and to whose
+will it is subordinate.
+
+The bill fails to provide in what manner the State of Arkansas is to
+signify its acceptance of the "fundamental condition" which Congress
+endeavors to make unalterable and irrevocable. Nor does it prescribe the
+penalty to be imposed should the people of the State amend or change the
+particular portions of the constitution which it is one of the purposes
+of the bill to perpetuate, but as to the consequences of such action
+leaves them in uncertainty and doubt. When the circumstances under which
+this constitution has been brought to the attention of Congress are
+considered, it is not unreasonable to suppose that efforts will be made
+to modify its provisions, and especially those in respect to which this
+measure prohibits any alteration. It is seriously questioned whether the
+constitution has been ratified by a majority of the persons who, under
+the act of March 2, 1867, and the acts supplementary thereto, were
+entitled to registration and to vote upon that issue. Section 10 of
+the schedule provides that--
+
+ No person disqualified from voting or registering under this
+ constitution shall vote for candidates for any office, nor shall be
+ permitted to vote for the ratification or rejection of the constitution
+ at the polls herein authorized.
+
+
+Assumed to be in force before its adoption, in disregard of the law of
+Congress, the constitution undertakes to impose upon the elector other
+and further conditions. The fifth section of the eighth article provides
+that "all persons, before registering or voting," must take and
+subscribe an oath which, among others, contains the following clause:
+
+ That I accept the civil and political equality of all men, and agree
+ not to attempt to deprive any person or persons, on account of race,
+ color, or previous condition, of any political or civil right,
+ privilege, or immunity enjoyed by any other class of men.
+
+
+It is well known that a very large portion of the electors in all the
+States, if not a large majority of all of them, do not believe in or
+accept the political equality of Indians, Mongolians, or negroes with
+the race to which they belong. If the voters in many of the States of
+the North and West were required to take such an oath as a test of their
+qualification, there is reason to believe that a majority of them would
+remain from the polls rather than comply with its degrading conditions.
+How far and to what extent this test oath prevented the registration of
+those who were qualified under the laws of Congress it is not possible
+to know, but that such was its effect, at least sufficient to overcome
+the small and doubtful majority in favor of this constitution, there
+can be no reasonable doubt. Should the people of Arkansas, therefore,
+desiring to regulate the elective franchise so as to make it conform to
+the constitutions of a large proportion of the States of the North and
+West, modify the provisions referred to in the "fundamental condition,"
+what is to be the consequence? Is it intended that a denial of
+representation shall follow? And if so, may we not dread, at some future
+day, a recurrence of the troubles which have so long agitated the
+country? Would it not be the part of wisdom to take for our guide the
+Federal Constitution, rather than resort to measures which, looking only
+to the present, may in a few years renew, in an aggravated form, the
+strife and bitterness caused by legislation which has proved to be
+so ill timed and unfortunate?
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _June 25, 1868_.
+
+_To the House of Representatives_:
+
+In returning to the House of Representatives, in which it originated,
+a bill entitled "An act to admit the States of North Carolina, South
+Carolina, Louisiana, Georgia, Alabama, and Florida to representation
+in Congress," I do not deem it necessary to state at length the reasons
+which constrain me to withhold my approval. I will not, therefore,
+undertake at this time to reopen the discussion upon the grave
+constitutional questions involved in the act of March 2, 1867, and
+the acts supplementary thereto, in pursuance of which it is claimed,
+in the preamble to this bill, these States have framed and adopted
+constitutions of State government. Nor will I repeat the objections
+contained in my message of the 20th instant, returning without my
+signature the bill to admit to representation the State of Arkansas,
+and which are equally applicable to the pending measure.
+
+Like the act recently passed in reference to Arkansas, this bill
+supersedes the plain and simple mode prescribed by the Constitution
+for the admission to seats in the respective Houses of Senators and
+Representatives from the several States. It assumes authority over six
+States of the Union which has never been delegated to Congress, or is
+even warranted by previous unconstitutional legislation upon the subject
+of restoration. It imposes conditions which are in derogation of the
+equal rights of the States, and is founded upon a theory which is
+subversive of the fundamental principles of the Government. In the case
+of Alabama it violates the plighted faith of Congress by forcing upon
+that State a constitution which was rejected by the people, according to
+the express terms of an act of Congress requiring that a majority of the
+registered electors should vote upon the question of its ratification.
+
+For these objections, and many others that might be presented, I can not
+approve this bill, and therefore return it for the action of Congress
+required in such cases by the Federal Constitution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _July 20, 1868_.
+
+_To the Senate of the United States_:
+
+I have given to the joint resolution entitled "A resolution excluding
+from the electoral college the votes of States lately in rebellion which
+shall not have been reorganized" as careful examination as I have been
+able to bestow upon the subject during the few days that have intervened
+since the measure was submitted for my approval.
+
+Feeling constrained to withhold my consent, I herewith return the
+resolution to the Senate, in which House it originated, with a brief
+statement of the reasons which have induced my action. This joint
+resolution is based upon the assumption that some of the States whose
+inhabitants were lately in rebellion are not now entitled to
+representation in Congress and participation in the election of
+President and Vice-President of the United States.
+
+Having heretofore had occasion to give in detail my reasons for
+dissenting from this view, it is not necessary at this time to repeat
+them. It is sufficient to state that I continue strong in my conviction
+that the acts of secession, by which a number of the States sought to
+dissolve their connection with the other States and to subvert the
+Union, being unauthorized by the Constitution and in direct violation
+thereof, were from the beginning absolutely null and void. It follows
+necessarily that when the rebellion terminated the several States which
+had attempted to secede continued to be States in the Union, and all
+that was required to enable them to resume their relations to the Union
+was that they should adopt the measures necessary to their practical
+restoration as States. Such measures were adopted, and the legitimate
+result was that those States, having conformed to all the requirements
+of the Constitution, resumed their former relations, and became entitled
+to the exercise of all the rights guaranteed to them by its provisions.
+
+The joint resolution under consideration, however, seems to assume that
+by the insurrectionary acts of their respective inhabitants those States
+forfeited their rights as such, and can never again exercise them except
+upon readmission into the Union on the terms prescribed by Congress.
+If this position be correct, it follows that they were taken out of the
+Union by virtue of their acts of secession, and hence that the war waged
+upon them was illegal and unconstitutional. We would thus be placed in
+this inconsistent attitude, that while the war was commenced and carried
+on upon the distinct ground that the Southern States, being component
+parts of the Union, were in rebellion against the lawful authority of
+the United States, upon its termination we resort to a policy of
+reconstruction which assumes that it was not in fact a rebellion, but
+that the war was waged for the conquest of territories assumed to be
+outside of the constitutional Union.
+
+The mode and manner of receiving and counting the electoral votes
+for President and Vice-President of the United States are in plain
+and simple terms prescribed by the Constitution. That instrument
+imperatively requires that "the President of the Senate shall, in the
+presence of the Senate and House of Representatives, open all the
+certificates, and the votes shall then be counted." Congress has,
+therefore, no power, under the Constitution, to receive the electoral
+votes or reject them. The whole power is exhausted when, in the presence
+of the two Houses, the votes are counted and the result declared.
+In this respect the power and duty of the President of the Senate are,
+under the Constitution, purely ministerial. When, therefore, the joint
+resolution declares that no electoral votes shall be received or counted
+from States that since the 4th of March, 1867, have not "adopted a
+constitution of State government under which a State government shall
+have organized," a power is assumed which is nowhere delegated to
+Congress, unless upon the assumption that the State governments
+organized prior to the 4th of March, 1867, were illegal and void.
+
+The joint resolution, by implication at least, concedes that these
+States were States by virtue of their organization prior to the 4th of
+March, 1867, but denies to them the right to vote in the election of
+President and Vice-President of the United States. It follows either
+that this assumption of power is wholly unauthorized by the Constitution
+or that the States so excluded from voting were out of the Union by
+reason of the rebellion, and have never been legitimately restored.
+Being fully satisfied that they were never out of the Union, and that
+their relations thereto have been legally and constitutionally restored,
+I am forced to the conclusion that the joint resolution, which deprives
+them of the right to have their votes for President and Vice-President
+received and counted, is in conflict with the Constitution, and that
+Congress has no more power to reject their votes than those of the
+States which have been uniformly loyal to the Federal Union.
+
+It is worthy of remark that if the States whose inhabitants were
+recently in rebellion were legally and constitutionally organized and
+restored to their rights prior to the 4th of March, 1867, as I am
+satisfied they were, the only legitimate authority under which the
+election for President and Vice-President can be held therein must be
+derived from the governments instituted before that period. It clearly
+follows that all the State governments organized in those States under
+act of Congress for that purpose, and under military control, are
+illegitimate and of no validity whatever; and in that view the votes
+cast in those States for President and Vice-President, in pursuance
+of acts passed since the 4th of March, 1867, and in obedience to the
+so-called reconstruction acts of Congress, can not be legally received
+and counted, while the only votes in those States that can be legally
+cast and counted will be those cast in pursuance of the laws in force in
+the several States prior to the legislation by Congress upon the subject
+of reconstruction.
+
+I can not refrain from directing your special attention to the
+declaration contained in the joint resolution, that "none of the
+States whose inhabitants were lately in rebellion shall be entitled to
+representation in the electoral college," etc. If it is meant by this
+declaration that no State is to be allowed to vote for President and
+Vice-President _all_ of whose inhabitants were engaged in the late
+rebellion, it is apparent that no one of the States will be excluded
+from voting, since it is well known that in every Southern State there
+were many inhabitants who not only did not participate in the rebellion,
+but who actually took part in the suppression, or refrained from giving
+it any aid or countenance. I therefore conclude that the true meaning of
+the joint resolution is that no State a _portion_ of whose inhabitants
+were engaged in the rebellion shall be permitted to participate in the
+Presidential election, except upon the terms and conditions therein
+prescribed.
+
+Assuming this to be the true construction of the resolution, the
+inquiry becomes pertinent, May those Northern States a portion of
+whose inhabitants were actually in the rebellion be prevented, at the
+discretion of Congress, from having their electoral votes counted? It is
+well known that a portion of the inhabitants of New York and a portion
+of the inhabitants of Virginia were alike engaged in the rebellion; yet
+it is equally well known that Virginia, as well as New York, was at all
+times during the war recognized by the Federal Government as a State
+in the Union--so clearly that upon the termination of hostilities it
+was not even deemed necessary for her restoration that a provisional
+governor should be appointed; yet, according to this joint resolution,
+the people of Virginia, unless they comply with the terms it prescribes,
+are denied the right of voting for President, while the people of
+New York, a portion of the inhabitants of which State were also in
+rebellion, are permitted to have their electoral votes counted without
+undergoing the process of reconstruction prescribed for Virginia. New
+York is no more a State than Virginia; the one is as much entitled to
+representation in the electoral college as the other. If Congress has
+the power to deprive Virginia of this right, it can exercise the same
+authority with respect to New York or any other of the States. Thus the
+result of the Presidential election may be controlled and determined
+by Congress, and the people be deprived of their right under the
+Constitution to choose a President and Vice-President of the United
+States.
+
+If Congress were to provide by law that the votes of none of the States
+should be received and counted if cast for a candidate who differed in
+political sentiment with a majority of the two Houses, such legislation
+would at once be condemned by the country as an unconstitutional and
+revolutionary usurpation of power. It would, however, be exceedingly
+difficult to find in the Constitution any more authority for the passage
+of the joint resolution under consideration than for an enactment
+looking directly to the rejection of all votes not in accordance with
+the political preferences of a majority of Congress. No power exists
+in the Constitution authorizing the joint resolution or the supposed
+law--the only difference being that one would be more palpably
+unconstitutional and revolutionary than the other. Both would rest upon
+the radical error that Congress has the power to prescribe terms and
+conditions to the right of the people of the States to cast their votes
+for President and Vice-President.
+
+For the reasons thus indicated I am constrained to return the joint
+resolution to the Senate for such further action thereon as Congress
+may deem necessary.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _July 25, 1868_
+
+_To the Senate of the United States_:
+
+Believing that a bill entitled "An act relating to the Freedmen's
+Bureau, and providing for its discontinuance," interferes with the
+appointing power conferred by the Constitution upon the Executive, and
+for other reasons, which at this late period of the session time will
+not permit me to state, I herewith return it to the Senate, in which
+House it originated, without my approval.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATIONS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas in the month of July, A.D. 1861, in accepting the condition
+of civil war which was brought about by insurrection and rebellion in
+several of the States which constitute the United States, the two Houses
+of Congress did solemnly declare that that war was not waged on the
+part of the Government in any spirit of oppression, nor for any purpose
+of conquest or subjugation, nor for any purpose of overthrowing or
+interfering with the rights or established institutions of the States,
+but only to defend and maintain the supremacy of the Constitution of the
+United States and to preserve the Union, with all the dignity, equality,
+and rights of the several States unimpaired, and that so soon as those
+objects should be accomplished the war on the part of the Government
+should cease; and
+
+Whereas the President of the United States has heretofore, in the spirit
+of that declaration and with the view of securing for it ultimate and
+complete effect, set forth several proclamations offering amnesty and
+pardon to persons who had been or were concerned in the aforenamed
+rebellion, which proclamations, however, were attended with prudential
+reservations and exceptions then deemed necessary and proper, and which
+proclamations were respectively issued on the 8th day of December, 1863,
+on the 26th day of March, 1864, on the 29th day of May, 1865, and on the
+7th day of September, 1867; and
+
+Whereas the said lamentable civil war has long since altogether ceased,
+with an acknowledgment by all the States of the supremacy of the Federal
+Constitution and of the Government thereunder, and there no longer
+exists any reasonable ground to apprehend a renewal of the said civil
+war, or any foreign interference, or any unlawful resistance by any
+portion of the people of any of the States to the Constitution and laws
+of the United States; and
+
+Whereas it is desirable to reduce the standing army and to bring to a
+speedy termination military occupation, martial law, military tribunals,
+abridgment of the freedom of speech and of the press, and suspension
+of the privilege of _habeas corpus_ and of the right of trial by jury,
+such encroachments upon our free institutions in time of peace being
+dangerous to public liberty, incompatible with the individual rights of
+the citizen, contrary to the genius and spirit of our republican form
+of government, and exhaustive of the national resources; and
+
+Whereas it is believed that amnesty and pardon will tend to secure a
+complete and universal establishment and prevalence of municipal law
+and order in conformity with the Constitution of the United States,
+and to remove all appearances or presumptions of a retaliatory or
+vindictive policy on the part of the Government attended by unnecessary
+disqualifications, pains, penalties, confiscations, and
+disfranchisements, and, on the contrary, to promote and procure complete
+fraternal reconciliation among the whole people, with due submission to
+the Constitution and laws:
+
+Now, therefore, be it known that I, Andrew Johnson, President of
+the United States, do, by virtue of the Constitution and in the
+name of the people of the United States, hereby proclaim and declare,
+unconditionally and without reservation, to all and to every person
+who, directly or indirectly, participated in the late insurrection or
+rebellion, excepting such person or persons as may be under presentment
+or indictment in any court of the United States having competent
+jurisdiction upon a charge of treason or other felony, a full pardon
+and amnesty for the offense of treason against the United States or of
+adhering to their enemies during the late civil war, with restoration of
+all rights of property, except as to slaves, and except also as to any
+property of which any person may have been legally divested under the
+laws of the United States.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 4th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed on the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas the said act seems to be prospective; and
+
+Whereas a paper purporting to be a resolution of the legislature of
+Florida adopting the amendment of the thirteenth and fourteenth articles
+of the Constitution of the United States was received at the Department
+of State on the 16th of June, 1868, prior to the passage of the act of
+Congress referred to, which paper is attested by the names of Horatio
+Jenkins, jr., as president _pro tempore_ of the senate, and W.W. Moore
+as speaker of the assembly, and of William L. Apthoop, as secretary of
+the senate, and William Forsyth Bynum, as clerk of the assembly, and
+which paper was transmitted to the Secretary of State in a letter dated
+Executive Office, Tallahassee, Fla., June 10, 1868, from Harrison Reed,
+who therein signs himself governor; and
+
+Whereas on the 6th day of July, 1868, a paper was received by the
+President, which paper, being addressed to the President, bears date of
+the 4th day of July, 1868, and was transmitted by and under the name of
+W.W. Holden, who therein writes himself governor of the State of North
+Carolina, which paper certifies that the said proposed amendment, known
+as article fourteen, did pass the senate and house of representatives of
+the general assembly of North Carolina on the 2d day of July instant,
+and is attested by the names of John H. Boner, or Bower, as secretary
+of the house of representatives, and T.A. Byrnes, as secretary of the
+senate; and its ratification on the 4th of July, 1868, is attested by
+Tod R. Caldwell, as lieutenant-governor, president of the senate, and
+Jo. W. Holden, as speaker house of representatives:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress aforesaid, do issue this proclamation, announcing the fact of
+the ratification of the said amendment by the legislature of the State
+of North Carolina in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 11th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas on the 18th day of July, 1868, a letter was received by the
+President, which letter, being addressed to the President, bears date of
+July 15, 1868, and was transmitted by and under the name of R.K. Scott,
+who therein writes himself governor of South Carolina, in which letter
+was inclosed and received at the same time by the President a paper
+purporting to be a resolution of the senate and house of representatives
+of the general assembly of the State of South Carolina ratifying the
+said proposed amendment, and also purporting to have passed the two said
+houses, respectively, on the 7th and 9th of July, 1868, and to have been
+approved by the said R.K. Scott, as governor of said State, on the 15th
+of July, 1868, which circumstances are attested by the signatures of
+D.T. Corbin, as president _pro tempore_ of the senate, and of F.J.
+Moses, jr., as speaker of the house of representatives of said State,
+and of the said R.K. Scott, as governor:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress aforesaid, do issue this my proclamation, announcing the fact
+of the ratification of the said amendment by the legislature of the
+State of South Carolina in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 18th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed on the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a paper was received at the Department of State on the 17th day
+of July, 1868, which paper, bearing date of the 9th day of July, 1868,
+purports to be a resolution of the senate and house of representatives
+of the State of Louisiana in general assembly convened ratifying the
+aforesaid amendment, and is attested by the signature of George E.
+Bovee, as secretary of state, under a seal purporting to be the seal
+of the State of Louisiana:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Louisiana in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed,
+
+[SEAL.]
+
+Done at the city of Washington, this 18th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a letter was received this day by the President, which letter,
+being addressed to the President, bears date of July 16, 1868, and was
+transmitted by and under the name of William H. Smith, who therein
+writes himself governor of Alabama, in which letter was inclosed and
+received at the same time by the President a paper purporting to be a
+resolution of the senate and house of representatives of the general
+assembly of the State of Alabama ratifying the said proposed amendment,
+which paper is attested by the signature of Charles A. Miller, as
+secretary of state, under a seal purporting to be the seal of the State
+of Alabama, and bears the date of approval of July 13, 1868, by William
+H. Smith, as governor of said State:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Alabama in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 20th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas by an act of Congress entitled "An act to admit the States of
+North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida
+to representation in Congress," passed the 25th day of June, 1868,
+it is declared that it is made the duty of the President, within ten
+days after receiving official information of the ratification by the
+legislature of either of said States of a proposed amendment to the
+Constitution known as article fourteen, to issue a proclamation
+announcing that fact; and
+
+Whereas a paper was received at the Department of State this 27th day of
+July, 1868, purporting to be a joint resolution of the senate and house
+of representatives of the general assembly of the State of Georgia,
+ratifying the said proposed amendment and also purporting to have passed
+the two said houses, respectively, on the 21st of July, 1868, and to
+have been approved by Rufus B. Bullock, who therein signs himself
+governor of Georgia, which paper is also attested by the signatures of
+Benjamin Conley, as president of the senate, and R.L. McWhorters, as
+speaker of the house of representatives, and is further attested by the
+signatures of A.E. Marshall, as secretary of the senate, and M.A.
+Hardin, as clerk of the house of representatives:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States of America, in compliance with and execution of the act of
+Congress before mentioned, do issue this my proclamation, announcing the
+fact of the ratification of the said amendment by the legislature of the
+State of Georgia in the manner hereinbefore set forth.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, this 27th day of July, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+In the year which is now drawing to its end the art, the skill, and the
+labor of the people of the United States have been employed with greater
+diligence and vigor and on broader fields than ever before, and the
+fruits of the earth have been gathered into the granary and the
+storehouse in marvelous abundance. Our highways have been lengthened,
+and new and prolific regions have been occupied. We are permitted to
+hope that long-protracted political and sectional dissensions are at no
+distant day to give place to returning harmony and fraternal affection
+throughout the Republic. Many foreign states have entered into liberal
+agreements with us, while nations which are far off and which heretofore
+have been unsocial and exclusive have become our friends.
+
+The annual period of rest, which we have reached in health and
+tranquillity, and which is crowned with so many blessings, is by
+universal consent a convenient and suitable one for cultivating personal
+piety and practicing public devotion.
+
+I therefore recommend that Thursday, the 26th day of November next, be
+set apart and observed by all the people of the United States as a day
+for public praise, thanksgiving, and prayer to the Almighty Creator and
+Divine Ruler of the Universe, by whose ever-watchful, merciful, and
+gracious providence alone states and nations, no less than families and
+individual men, do live and move and have their being.
+
+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 October, A.D. 1868,
+and of the Independence of the United States the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ WILLIAM H. SEWARD,
+ _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDERS.
+
+
+BY THE PRESIDENT OF THE UNITED STATES.
+
+EXECUTIVE ORDER.
+
+WASHINGTON, _December 17, 1867_.
+
+It is desired and advised that all communications in writing intended
+for the executive department of this Government and relating to public
+business of whatever kind, including suggestions for legislation,
+claims, contracts, employment, appointments, and removals from office,
+and pardons, be transmitted directly in the first instance to the head
+of the Department to which the care of the subject-matter of the
+communication properly belongs. This regulation has become necessary
+for the more convenient, punctual, and regular dispatch of the public
+business.
+
+By order of the President:
+
+WILLIAM H. SEWARD,
+
+_Secretary of State_.
+
+
+
+
+GENERAL ORDERS, No. 104.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, December 28, 1867_.
+
+By direction of the President of the United States, the following orders
+are made:
+
+I. Brevet Major-General E.O.C. Ord will turn over the command of the
+Fourth Military District to Brevet Major-General A.C. Gillem, and
+proceed to San Francisco, Cal., to take command of the Department of
+California.
+
+II. On being relieved by Brevet Major-General Ord, Brevet Major-General
+Irvin McDowell will proceed to Vicksburg, Miss., and relieve General
+Gillem in command of the Fourth Military District.
+
+III. Brevet Major-General John Pope is hereby relieved of the command
+of the Third Military District, and will report without delay at the
+Headquarters of the Army for further orders, turning over his command
+to the next senior officer until the arrival of his successor.
+
+IV. Major-General George G. Meade is assigned to the command of
+the Third Military District, and will assume it without delay. The
+Department of the East will be commanded by the senior officer now
+on duty in it until a commander is named by the President.
+
+V. The officers assigned in the foregoing orders to command of military
+districts will exercise therein any and all powers conferred by acts of
+Congress upon district commanders, and also any and all powers
+pertaining to military-department commanders.
+
+ * * * * *
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 10.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, February 12, 1868_.
+
+The following orders are published for the information and guidance of
+all concerned:
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 12, 1868_.
+
+General U.S. GRANT,
+
+_Commanding Armies of the United States, Washington, D.C._
+
+GENERAL: You will please issue an order creating a military division, to
+be called the Military Division of the Atlantic, to be composed of the
+Department of the Lakes, the Department of the East, and the Department
+of Washington, and to be commanded by Lieutenant-General William T.
+Sherman, with his headquarters at Washington.
+
+Until further orders from the President, you will assign no officer to
+the permanent command of the Military Division of the Missouri.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+Major-General P.H. Sheridan, the senior officer in the Military Division
+of the Missouri, will temporarily perform the duties of commander of the
+Military Division of the Missouri, in addition to his duties of department
+commander.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 21, 1868_.
+
+Hon. EDWIN M. STANTON,
+
+_Washington, D.C._
+
+SIR: By virtue of the power and authority vested in me as President by
+the Constitution and laws of the United States, you are hereby removed
+from office as Secretary for the Department of War, and your functions
+as such will terminate upon the receipt of this communication.
+
+You will transfer to Brevet Major-General Lorenzo Thomas,
+Adjutant-General of the Army, who has this day been authorized and
+empowered to act as Secretary of War _ad interim_, all records, books,
+papers, and other public property now in your custody and charge.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., February 21, 1868_.
+
+Brevet Major-General LORENZO THOMAS,
+
+_Adjutant-General United States Army, Washington, D.C._
+
+SIR: The Hon. Edwin M. Stanton having been this day removed from office
+as Secretary for the Department of War, you are hereby authorized and
+empowered to act as Secretary of War _ad interim_, and will immediately
+enter upon the discharge of the duties pertaining to that office.
+
+Mr. Stanton has been instructed to transfer to you all the records,
+books, papers, and other public property now in his custody and charge.
+
+Respectfully, yours,
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 17.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, March 28, 1868_.
+
+By direction of the President of the United States, Major-General W.S.
+Hancock is relieved from command of the Fifth Military District and
+assigned to command of the Military Division of the Atlantic, created
+by General Orders, No. 10, of February 12, 1868.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., May 28, 1868_.
+
+The chairman of the committee of arrangements having requested that
+an opportunity may be given to those employed in the several Executive
+Departments of the Government to unite with their fellow-citizens in
+paying a fitting tribute to the memory of the brave men whose remains
+repose in the national cemeteries, the President directs that as far as
+may be consistent with law and the public interests persons who desire
+to participate in the ceremonies be permitted to absent themselves from
+their duties on Saturday, the 30th instant.
+
+By order of the President:
+
+WM. G. MOORE,
+
+_Secretary_.
+
+
+
+EXECUTIVE MANSION,
+
+_Washington, D.C., June 1, 1868_.
+
+Major-General John M. Schofield having been appointed, by and with the
+advice and consent of the Senate, Secretary for the Department of War,
+is hereby relieved from the command of the First Military District,
+created by the act of Congress passed March 2, 1867.
+
+Brevet Major-General George Stoneman is hereby assigned, according
+to his brevet rank of major-general, to the command of the said First
+District and of the Military Department of Virginia.
+
+The Secretary of War will please give the necessary instructions to
+carry this order into effect.
+
+ANDREW JOHNSON.
+
+
+
+GENERAL ORDERS, No. 25.
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, June 1, 1868_.
+
+I. The following order of the President has been received from the War
+Department:
+
+WASHINGTON, _June 2, 1868_.
+
+The President with deep regret announces to the people of the United
+States the decease, at Wheatland, Pa., on the 1st instant, of his
+honored predecessor James Buchanan.
+
+This event will occasion mourning in the nation for the loss of an
+eminent citizen and honored public servant.
+
+As a mark of respect for his memory, it is ordered that the Executive
+Departments be immediately placed in mourning and all business be
+suspended on the day of the funeral.
+
+It is further ordered that the War and Navy Departments cause suitable
+military and naval honors to be paid on this occasion to the memory of
+the illustrious dead.
+
+ANDREW JOHNSON.
+
+
+II. In compliance with the instructions of the President and of the
+Secretary of War, on the day after the receipt of this order at each
+military post the troops will be paraded at 10 o'clock a.m. and the
+order read to them, after which all labors, for the day will cease.
+
+The national flag will be displayed at half-staff.
+
+At dawn of day thirteen guns will be fired, and afterwards, at intervals
+of thirty minutes between the rising and setting sun, a single gun, and
+at the close of the day a national salute of thirty-seven guns.
+
+The officers of the Army will wear crape on the left arm and on their
+swords and the colors of the several regiments will be put in mourning
+for the period of six months.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+
+SPECIAL ORDER.
+
+
+NAVY DEPARTMENT,
+
+_Washington, June 3, 1868_.
+
+The death of ex-President James Buchanan is announced in the following
+order of the President of the United States:
+
+[For order see preceding page.]
+
+In pursuance of the foregoing order, it is hereby directed that thirty
+minute guns be fired at each of the navy-yards and naval stations on
+Thursday, the 4th instant, the day designated for the funeral of the
+late ex-President Buchanan, commencing at noon, and on board the
+flagships in each squadron upon the day after the receipt of this order.
+The flags at the several navy-yards, naval stations, and marine barracks
+will be placed at half-mast until after the funeral, and on board all
+naval vessels in commission upon the day after this order is received.
+
+GIDEON WELLES,
+
+_Secretary of the Navy_.
+
+
+
+GENERAL ORDERS, No. 33.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, June 30, 1868_.
+
+By direction of the President of the United States, the following orders
+are made:
+
+I. Brevet Major-General Irvin McDowell is relieved from the command of
+the Fourth Military District, and will report in person, without delay,
+at the War Department.
+
+II. Brevet Major-General Alvan C. Gillem is assigned to the command of
+the Fourth Military District, and will assume it without delay.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No 44.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, July 13, 1868_.
+
+By direction of the President, Brigadier and Brevet Major-General Irvin
+McDowell is assigned to the command of the Department of the East.
+
+The headquarters of the department will be transferred from Philadelphia
+to New York City.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 55.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, July 28, 1868_.
+
+The following orders from the War Department, which have been approved
+by the President, are published for the information and government of
+the Army and of all concerned:
+
+The commanding generals of the Second, Third, Fourth, and Fifth Military
+Districts having officially reported that the States of Arkansas, North
+Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have
+fully complied with the acts of Congress known as the reconstruction
+acts, including the act passed June 22, 1868, entitled "An act to admit
+the State of Arkansas to representation in Congress," and the act passed
+June 25, 1868, entitled "An act to admit the States of North Carolina,
+South Carolina, Louisiana, Georgia, Alabama, and Florida to
+representation in Congress," and that, consequently, so much of the act
+of March 2, 1867, and the acts supplementary thereto as provides for the
+organization of military districts, subject to the military authority of
+the United States, as therein provided, has become inoperative in said
+States, and that the commanding generals have ceased to exercise in said
+States the military powers conferred by said acts of Congress: Therefore
+the following changes will be made in the organization and command of
+military districts and geographical departments:
+
+I. The Second and Third Military Districts having ceased to exist, the
+States of North Carolina, South Carolina, Georgia, Alabama, and Florida
+will constitute the Department of the South, Major-General George G.
+Meade to command. Headquarters at Atlanta, Ga.
+
+II. The Fourth Military District will now consist only of the State of
+Mississippi, and will continue to be commanded by Brevet Major-General
+A.C. Gillem.
+
+III. The Fifth Military District will now consist of the State of Texas,
+and will be commanded by Brevet Major-General J.J. Reynolds.
+Headquarters at Austin, Tex.
+
+IV. The States of Louisiana and Arkansas will constitute the Department
+of Louisiana, Brevet Major-General L.H. Rousseau is assigned to the
+command. Headquarters at New Orleans, La. Until the arrival of General
+Rousseau at New Orleans, Brevet Major-General Buchanan will command the
+Department.
+
+V. Brevet Major-General George Crook is assigned, according to his
+brevet of major-general, to command the Department of the Columbia,
+in place of Rousseau, relieved.
+
+VI. Brevet Major-General E.R.S. Canby is reassigned to command the
+Department of Washington.
+
+ * * * * *
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+Under and in pursuance of the authority vested in the President of the
+United States by the provisions of the second section of the act of
+Congress approved on the 27th day of July, 1868, entitled "An act to
+extend the laws of the United States relating to customs, commerce, and
+navigation over the territory ceded to the United States by Russia, to
+establish a collection district therein, and for other purposes," the
+port of Sitka, in said Territory, is hereby constituted and established
+as the port of entry for the collection district of Alaska provided for
+by said act; and under and in pursuance of the authority vested in him
+by the fourth section of said act the importation and use of firearms,
+ammunition, and distilled spirits into and within the said Territory,
+or any portion thereof, except as hereinafter provided, is entirely
+prohibited, under the pains and penalties specified in said last-named
+section; _Provided, however_, That under such regulations as the
+Secretary of the Treasury may prescribe, in accordance with law, such
+articles may, in limited quantities, be shipped coastwise from United
+States ports on the Pacific coast to said port of Sitka, and to that
+port only in said Territory, on the shipper giving bonds to the
+collector of customs at the port of shipment, conditioned that such
+articles will on their arrival at Sitka be delivered to the collector of
+customs, or the person there acting as such, to remain in his possession
+and under his control until sold or disposed of to such persons as
+the military or other chief authority in said Territory may specially
+designate in permits for that purpose signed by himself or a subordinate
+duly authorized by him.
+
+Done at the city of Washington, this 22d day of August, A.D. 1868,
+and of the Independence of the United States the ninety-third.
+
+ANDREW JOHNSON,
+
+_President_.
+
+
+
+SPECIAL ORDERS, ORDERS, No. 219.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, September 12, 1868_.
+
+ * * * * *
+
+18. By direction of the President, Brevet Major-General L.H. Rousseau,
+brigadier-general, commanding Department of Louisiana, is hereby
+assigned to duty according to his brevet rank of major-general. This
+order to take effect when General Rousseau assumes command.
+
+19. By direction of the President, paragraph 12 of Special Orders, No.
+70, May 23, 1868, from this office, assigning Brevet Major-General R.C.
+Buchanan, colonel First United States Infantry, to duty according to
+his brevet rank of major-general, is hereby revoked, and he is hereby
+assigned to duty according to his brevet rank of brigadier-general,
+in order that he may command the District of Louisiana. This order to
+take effect when General Rousseau assumes command of the Department of
+Louisiana.
+
+By command of General Grant:
+
+J.C. KELTON,
+
+_Assistant Adjutant-General_.
+
+
+
+GENERAL ORDERS, No. 82.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, October 10, 1868_.
+
+The following order has been received from the President, and by his
+direction is published to the Army:
+
+The following provisions from the Constitution and laws of the United
+States in relation to the election of a President and Vice-President
+of the United States, together with an act of Congress prohibiting all
+persons engaged in the military and naval service from interfering in
+any general or special election in any State, are published for the
+information and government of all concerned:
+
+[Extract from Article II, section 1, Constitution of the United States.]
+
+ The executive power shall be vested in a President of the United States
+ of America. He shall hold his office during the term of four years,
+ and, together with the Vice-President, chosen for the same term, be
+ elected as follows:
+
+ Each State shall appoint, in such manner as the legislature thereof may
+ direct, a number of electors equal to the whole number of Senators and
+ Representatives to which the State may be entitled in the Congress; but
+ no Senator or Representative, or person holding an office of trust or
+ profit under the United States, shall be appointed an elector.
+
+
+[Extract from Article XII, amendment to the Constitution of the United
+States.]
+
+ The electors shall meet in their respective States and vote by ballot
+ for President and Vice-President, one of whom at least shall not be an
+ inhabitant of the same State with themselves. They shall name in their
+ ballots the person voted for as President, and in distinct ballots the
+ person voted for as Vice-President; and they shall make distinct lists
+ of all persons voted for as President, and of all persons voted for as
+ Vice-President, and of the number of votes for each, which lists they
+ shall sign and certify and transmit sealed to the seat of the Government
+ of the United States, directed to the President of the Senate. The
+ President of the Senate shall, in the presence of the Senate and House
+ of Representatives, open all the certificates, and the votes shall then
+ be counted. The person having the greatest number of votes for President
+ shall be the President, if such number be a majority of the whole number
+ of electors appointed; and if no person have such majority, then from
+ the persons having the highest numbers, not exceeding three, on the list
+ of those voted for as President, the House of Representatives shall
+ choose immediately, by ballot, the President. But in choosing the
+ President the votes shall be taken by States, the representation from
+ each State having one vote. A quorum for this purpose shall consist of
+ a member or members from two-thirds of the States, and a majority of
+ all the States shall be necessary to a choice. And if the House of
+ Representatives shall not choose a President, whenever the right of
+ choice shall devolve upon them, before the 4th day of March next
+ following, then the Vice-President shall act as President, as in the
+ case of the death or other constitutional disability of the President.
+
+[Extract from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 1. _Be it enacted by the Senate and House of Representatives
+ of the United States of America in Congress assembled_, That * * *
+ electors shall be appointed in each State for the election of a
+ President and Vice-President of the United States * * * in every
+ fourth year succeeding the last election, which electors shall be
+ equal to the number of Senators and Representatives to which the
+ several States may by law be entitled at the time when the President
+ and Vice-President thus to be chosen should come into office:
+ _Provided always_, That where no apportionment of Representatives
+ shall have been made after any enumeration at the time of choosing
+ electors, then the number of electors shall be according to the
+ existing apportionment of Senators and Representatives.
+
+["An act to establish a uniform time for holding elections for electors
+of President and Vice-President in all the States of the Union,"
+approved January 23, 1845.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That the electors of President
+ and Vice-President shall be appointed in each State on the Tuesday next
+ after the first Monday in the month of November of the year in which
+ they are to be appointed: _Provided_, That each State may by law provide
+ for the filling of any vacancy or vacancies which may occur in its
+ college of electors when such college meets to give its electoral vote:
+ _And provided also_, When any State shall have held an election for the
+ purpose of choosing electors, and shall fail to make a choice on the day
+ aforesaid, then the electors may be appointed on a subsequent day in
+ such manner as the State shall by law provide.
+
+[Extracts from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 2. _And be it further enacted_, That the electors shall meet and
+ give their votes on the said first Wednesday in December, at such place
+ in each State as shall be directed by the legislature thereof; and the
+ electors in each State shall make and sign three certificates of all the
+ votes by them given, and shall seal up the same, certifying on each that
+ a list of the votes of such State for President and Vice-President is
+ contained therein, and shall, by writing under their hands or under the
+ hands of a majority of them, appoint a person to take charge of and
+ deliver to the President of the Senate, at the seat of Government,
+ before the first Wednesday in January then next ensuing, one of the said
+ certificates; and the said electors shall forthwith forward by the
+ post-office to the President of the Senate, at the seat of Government,
+ one other of the said certificates, and shall forthwith cause the other
+ of the said certificates to be delivered to the judge of that district
+ in which the said electors shall assemble.
+
+ Sec. 3. _And be it further enacted_, That the executive authority of
+ each State shall cause three lists of the names of the electors of such
+ State to be made and certified, and to be delivered to the electors on
+ or before the said first Wednesday in December, and the said electors
+ shall annex one of the said lists to each of the lists of their votes.
+
+ Sec. 4. _And be it further enacted_, That if a list of votes from any
+ State shall not have been received at the seat of Government on the said
+ first Wednesday in January, that then the Secretary of State shall send
+ a special messenger to the district judge in whose custody such list
+ shall have been lodged, who shall forthwith transmit the same to the
+ seat of Government.
+
+ Sec. 5. _And be it further enacted_, That Congress shall be in session
+ on the second Wednesday in February, 1793, and on the second Wednesday
+ in February succeeding every meeting of the electors, and the said
+ certificates, or so many of them as shall have been received, shall then
+ be opened, the votes counted, and the persons who shall fill the offices
+ of President and Vice-President ascertained and declared agreeably to
+ the Constitution.
+
+ Sec. 6. _And be it further enacted_, That in case there shall be no
+ President of the Senate at the seat of Government on the arrival of the
+ persons intrusted with the list of the votes of the electors, then such
+ persons shall deliver the lists of votes in their custody into the
+ office of the Secretary of State, to be safely kept and delivered over
+ as soon as may be to the President of the Senate.
+
+ * * * * *
+
+ Sec. 8. _And be it further enacted_, That if any person appointed to
+ deliver the votes of the electors to the President of the Senate shall,
+ after accepting of his appointment, neglect to perform the services
+ required of him by this act, he shall forfeit the sum of $1,000.
+
+[Extract from "An act making compensation to the persons appointed by
+the electors to deliver the votes for President and Vice-President,"
+approved February 11, 1825.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That the person appointed by
+ the electors to deliver to the President of the Senate a list of the
+ votes for President and Vice-President shall be allowed, on delivery of
+ said list, 25 cents for every mile of the estimated distance by the most
+ usual route from the place of meeting of the electors to the seat of
+ Government of the United States, going and returning.
+
+[Extract from "An act relative to the election of a President and
+Vice-President of the United States, and declaring the officer who shall
+act as President in case of vacancies in the offices both of President
+and Vice-President," approved March 1, 1792.]
+
+ Sec. 12. _And be it further enacted_, That the term of four years for
+ which a President and Vice-President shall be elected shall in all cases
+ commence on the 4th day of March next succeeding the day on which the
+ votes of the electors shall have been given.
+
+["An act to prevent officers of the Army and Navy, and other persons
+engaged in the military and naval service of the United States, from
+interfering in elections in the States," approved February 25, 1865.]
+
+ _Be it enacted by the Senate and House of Representatives of the United
+ States of America in Congress assembled_, That it shall not be lawful
+ for any military or naval officer of the United States, or other person
+ engaged in the civil, military, or naval service of the United States,
+ to order, bring, keep, or have under his authority or control any troops
+ or armed men at the place where any general or special election is
+ held in any State of the United States of America, unless it shall be
+ necessary to repel the armed enemies of the United States or to keep the
+ peace at the polls. And that it shall not be lawful for any officer of
+ the Army or Navy of the United States to prescribe or fix, or attempt
+ to prescribe or fix, by proclamation, order, or otherwise, the
+ qualifications of voters in any State of the United States of America,
+ or in any manner to interfere with the freedom of any election in any
+ State or with the exercise of the free right of suffrage in any State of
+ the United States. Any officer of the Army or Navy of the United States,
+ or other person engaged in the civil, military, or naval service of the
+ United States, who violates this section of this act shall for every
+ such offense be liable to indictment as for a misdemeanor in any court
+ of the United States having jurisdiction to hear, try, and determine
+ cases of misdemeanor, and on conviction thereof shall pay a fine not
+ exceeding $5,000 and suffer imprisonment in the penitentiary not less
+ than three months nor more than five years, at the discretion of the
+ court trying the same; and any person convicted as aforesaid shall,
+ moreover, be disqualified from holding any office of honor, profit,
+ or trust under the Government of the United States: _Provided_, That
+ nothing herein contained shall be so construed as to prevent any
+ officers, soldiers, sailors, or marines from exercising the right of
+ suffrage in any election district to which he may belong, if otherwise
+ qualified according to the laws of the State in which he shall offer
+ to vote.
+
+ Sec. 2. _And be it further enacted_, That any officer or person in
+ the military or naval service of the United States who shall order or
+ advise, or who shall, directly or indirectly, by force, threat, menace,
+ intimidation, or otherwise, prevent or attempt to prevent any qualified
+ voter of any State of the United States of America from freely
+ exercising the right of suffrage at any general or special election
+ in any State of the United States, or who shall in like manner compel
+ or attempt to compel any officer of an election in any such State to
+ receive a vote from a person not legally qualified to vote, or who shall
+ impose or attempt to impose any rules or regulations for conducting such
+ election different from those prescribed by law, or interfere in any
+ manner with any officer of said election in the discharge of his duties,
+ shall for any such offense be liable to indictment as for a misdemeanor
+ in any court of the United States having jurisdiction to hear, try, and
+ determine cases of misdemeanor, and on conviction thereof shall pay a
+ fine of not exceeding $5,000 and suffer imprisonment in the penitentiary
+ not exceeding five years, at the discretion of the court trying the
+ same; and any person convicted as aforesaid shall, moreover, be
+ disqualified from holding any office of honor, profit, or trust under
+ the Government of the United States.
+
+By command of General Grant:
+
+E.D. TOWNSEND,
+
+_Assistant Adjutant-General_.
+
+
+
+WAR DEPARTMENT,
+_Washington City, November 4, 1868_.
+
+By direction of the President, Brevet Major-General E.R.S. Canby is
+hereby assigned to the command of the Fifth Military District, created
+by the act of Congress of March 2, 1867, and of the Military Department
+of Texas, consisting of the State of Texas. He will, without unnecessary
+delay, turn over his present command to the next officer in rank and
+proceed to the command to which he is hereby assigned, and on assuming
+the same will, when necessary to a faithful execution of the laws,
+exercise any and all powers conferred by acts of Congress upon district
+commanders and any and all authority pertaining to officers in command
+of military departments.
+
+Brevet Major-General J.J. Reynolds is hereby relieved from the command
+of the Fifth Military District.
+
+J.M. SCHOFIELD,
+
+_Secretary of War_.
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 9, 1868_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Upon the reassembling of Congress it again becomes my duty to call your
+attention to the state of the Union and to its continued disorganized
+condition under the various laws which have been passed upon the subject
+of reconstruction.
+
+It may be safely assumed as an axiom in the government of states that
+the greatest wrongs inflicted upon a people are caused by unjust and
+arbitrary legislation, or by the unrelenting decrees of despotic rulers,
+and that the timely revocation of injurious and oppressive measures is
+the greatest good that can be conferred upon a nation. The legislator or
+ruler who has the wisdom and magnanimity to retrace his steps when
+convinced of error will sooner or later be rewarded with the respect and
+gratitude of an intelligent and patriotic people.
+
+Our own history, although embracing a period less than a century,
+affords abundant proof that most, if not all, of our domestic troubles
+are directly traceable to violations of the organic law and excessive
+legislation. The most striking illustrations of this fact are furnished
+by the enactments of the past three years upon the question of
+reconstruction. After a fair trial they have substantially failed and
+proved pernicious in their results, and there seems to be no good reason
+why they should longer remain upon the statute book. States to which the
+Constitution guarantees a republican form of government have been
+reduced to military dependencies, in each of which the people have been
+made subject to the arbitrary will of the commanding general. Although
+the Constitution requires that each State shall be represented in
+Congress, Virginia, Mississippi, and Texas are yet excluded from the
+two Houses, and, contrary to the express provisions of that instrument,
+were denied participation in the recent election for a President and
+Vice-President of the United States. The attempt to place the white
+population under the domination of persons of color in the South has
+impaired, if not destroyed, the kindly relations that had previously
+existed between them; and mutual distrust has engendered a feeling of
+animosity which, leading in some instances to collision and bloodshed,
+has prevented that cooperation between the two races so essential to the
+success of industrial enterprise in the Southern States. Nor have the
+inhabitants of those States alone suffered from the disturbed condition
+of affairs growing out of these Congressional enactments. The entire
+Union has been agitated by grave apprehensions of troubles which might
+again involve the peace of the nation; its interests have been
+injuriously affected by the derangement of business and labor, and the
+consequent want of prosperity throughout that portion of the country.
+
+The Federal Constitution--the _magna charta_ of American rights, under
+whose wise and salutary provisions we have successfully conducted all
+our domestic and foreign affairs, sustained ourselves in peace and in
+war, and become a great nation among the powers of the earth--must
+assuredly be now adequate to the settlement of questions growing out of
+the civil war, waged alone for its vindication. This great fact is made
+most manifest by the condition of the country when Congress assembled in
+the month of December, 1865. Civil strife had ceased, the spirit of
+rebellion had spent its entire force, in the Southern States the people
+had warmed into national life, and throughout the whole country a
+healthy reaction in public sentiment had taken place. By the application
+of the simple yet effective provisions of the Constitution the executive
+department, with the voluntary aid of the States, had brought the work
+of restoration as near completion as was within the scope of its
+authority, and the nation was encouraged by the prospect of an early
+and satisfactory adjustment of all its difficulties. Congress, however,
+intervened, and, refusing to perfect the work so nearly consummated,
+declined to admit members from the unrepresented States, adopted
+a series of measures which arrested the progress of restoration,
+frustrated all that had been so successfully accomplished, and, after
+three years of agitation and strife, has left the country further from
+the attainment of union and fraternal feeling than at the inception of
+the Congressional plan of reconstruction. It needs no argument to show
+that legislation which has produced such baneful consequences should
+be abrogated, or else made to conform to the genuine principles of
+republican government.
+
+Under the influence of party passion and sectional prejudice, other acts
+have been passed not warranted by the Constitution. Congress has already
+been made familiar with my views respecting the "tenure-of-office bill."
+Experience has proved that its repeal is demanded by the best interests
+of the country, and that while it remains in force the President can not
+enjoin that rigid accountability of public officers so essential to an
+honest and efficient execution of the laws. Its revocation would enable
+the executive department to exercise the power of appointment and
+removal in accordance with the original design of the Federal
+Constitution.
+
+The act of March 2, 1867, making appropriations for the support of the
+Army for the year ending June 30, 1868, and for other purposes, contains
+provisions which interfere with the President's constitutional functions
+as Commander in Chief of the Army and deny to States of the Union
+the right to protect themselves by means of their own militia. These
+provisions should be at once annulled; for while the first might, in
+times of great emergency, seriously embarrass the Executive in efforts
+to employ and direct the common strength of the nation for its
+protection and preservation, the other is contrary to the express
+declaration of the Constitution that "a well-regulated militia being
+necessary to the security of a free state, the right of the people to
+keep and bear arms shall not be infringed."
+
+It is believed that the repeal of all such laws would be accepted by
+the American people as at least a partial return to the fundamental
+principles of the Government, and an indication that hereafter the
+Constitution is to be made the nation's safe and unerring guide. They
+can be productive of no permanent benefit to the country, and should not
+be permitted to stand as so many monuments of the deficient wisdom which
+has characterized our recent legislation.
+
+The condition of our finances demands the early and earnest
+consideration of Congress. Compared with the growth of our population,
+the public expenditures have reached an amount unprecedented in our
+history.
+
+The population of the United States in 1790 was nearly 4,000,000 people.
+Increasing each decade about 33 per cent, it reached in 1860 31,000,000,
+an increase of 700 per cent on the population in 1790. In 1869 it is
+estimated that it will reach 38,000,000, or an increase of 868 per cent
+in seventy-nine years.
+
+The annual expenditures of the Federal Government in 1791 were
+$4,200,000; in 1820, $13,200,000; in 1850, forty-one millions; in 1860,
+sixty-three millions; in 1865, nearly thirteen hundred millions; and
+in 1869 it is estimated by the Secretary of the Treasury, in his last
+annual report, that they will be three hundred and seventy-two millions.
+
+By comparing the public disbursements of 1869, as estimated, with those
+of 1791, it will be seen that the increase of expenditure since the
+beginning of the Government has been 8,618 per cent, while the increase
+of the population for the same period was only 868 per cent. Again,
+the expenses of the Government in 1860, the year of peace immediately
+preceding the war, were only sixty-three millions, while in 1869, the
+year of peace three years after the war, it is estimated they will be
+three hundred and seventy-two millions, an increase of 489 per cent,
+while the increase of population was only 21 per cent for the same
+period.
+
+These statistics further show that in 1791 the annual national expenses,
+compared with the population, were little more than $1 per capita, and
+in 1860 but $2 per capita; while in 1869 they will reach the extravagant
+sum of $9.78 per capita.
+
+It will be observed that all these statements refer to and exhibit the
+disbursements of peace periods. It may, therefore, be of interest to
+compare the expenditures of the three war periods--the war with Great
+Britain, the Mexican War, and the War of the Rebellion.
+
+In 1814 the annual expenses incident to the War of 1812 reached their
+highest amount--about thirty-one millions--while our population slightly
+exceeded 8,000,000, showing an expenditure of only $3.80 per capita.
+In 1847 the expenditures growing out of the war with Mexico reached
+fifty-five millions, and the population about 21,000,000, giving only
+$2.60 per capita for the war expenses of that year. In 1865 the
+expenditures called for by the rebellion reached the vast amount of
+twelve hundred and ninety millions, which, compared with a population
+of 34,000,000, gives $38.20 per capita.
+
+From the 4th day of March, 1789, to the 30th of June, 1861, the entire
+expenditures of the Government were $1,700,000,000. During that period
+we were engaged in wars with Great Britain and Mexico, and were involved
+in hostilities with powerful Indian tribes; Louisiana was purchased from
+France at a cost of $15,000,000; Florida was ceded to us by Spain for
+five millions; California was acquired from Mexico for fifteen millions,
+and the territory of New Mexico was obtained from Texas for the sum of
+ten millions. Early in 1861 the War of the Rebellion commenced; and
+from the 1st of July of that year to the 30th of June, 1865, the public
+expenditures reached the enormous aggregate of thirty-three hundred
+millions. Three years of peace have intervened, and during that time the
+disbursements of the Government have successively been five hundred and
+twenty millions, three hundred and forty-six millions, and three hundred
+and ninety-three millions. Adding to these amounts three hundred and
+seventy-two millions, estimated as necessary for the fiscal year ending
+the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000
+during the four years immediately succeeding the war, or nearly as much
+as was expended during the seventy-two years that preceded the rebellion
+and embraced the extraordinary expenditures already named.
+
+These startling facts clearly illustrate the necessity of
+retrenchment in all branches of the public service. Abuses which were
+tolerated during the war for the preservation of the nation will not be
+endured by the people, now that profound peace prevails. The receipts
+from internal revenues and customs have during the past three years
+gradually diminished, and the continuance of useless and extravagant
+expenditures will involve us in national bankruptcy, or else make
+inevitable an increase of taxes, already too onerous and in many
+respects obnoxious on account of their inquisitorial character. One
+hundred millions annually are expended for the military force, a large
+portion of which is employed in the execution of laws both unnecessary
+and unconstitutional; one hundred and fifty millions are required each
+year to pay the interest on the public debt; an army of taxgatherers
+impoverishes the nation, and public agents, placed by Congress beyond
+the control of the Executive, divert from their legitimate purposes
+large sums of money which they collect from the people in the name of
+the Government. Judicious legislation and prudent economy can alone
+remedy defects and avert evils which, if suffered to exist, can not fail
+to diminish confidence in the public councils and weaken the attachment
+and respect of the people toward their political institutions. Without
+proper care the small balance which it is estimated will remain in the
+Treasury at the close of the present fiscal year will not be realized,
+and additional millions be added to a debt which is now enumerated by
+billions.
+
+It is shown by the able and comprehensive report of the Secretary of
+the Treasury that the receipts for the fiscal year ending June 30, 1868,
+were $405,638,083, and that the expenditures for the same period were
+$377,340,284, leaving in the Treasury a surplus of $28,297,798. It is
+estimated that the receipts during the present fiscal year, ending June
+30, 1869, will be $341,392,868 and the expenditures $336,152,470,
+showing a small balance of $5,240,398 in favor of the Government. For
+the fiscal year ending June 30, 1870, it is estimated that the receipts
+will amount to $327,000,000 and the expenditures to $303,000,000,
+leaving an estimated surplus of $24,000,000.
+
+It becomes proper in this connection to make a brief reference to our
+public indebtedness, which has accumulated with such alarming rapidity
+and assumed such colossal proportions.
+
+In 1789, when the Government commenced operations under the Federal
+Constitution, it was burdened with an indebtedness of $75,000,000,
+created during the War of the Revolution. This amount had been reduced
+to $45,000,000 when, in 1812, war was declared against Great Britain.
+The three years' struggle that followed largely increased the national
+obligations, and in 1816 they had attained the sum of $127,000,000. Wise
+and economical legislation, however, enabled the Government to pay the
+entire amount within a period of twenty years, and the extinguishment
+of the national debt filled the land with rejoicing and was one of the
+great events of President Jackson's Administration. After its redemption
+a large fund remained in the Treasury, which was deposited for
+safe-keeping with the several States, on condition that it should be
+returned when required by the public wants. In 1849--the year after the
+termination of an expensive war with Mexico--we found ourselves involved
+in a debt of $64,000,000; and this was the amount owed by the Government
+in 1860, just prior to the outbreak of the rebellion. In the spring of
+1861 our civil war commenced. Each year of its continuance made an
+enormous addition to the debt; and when, in the spring of 1865, the
+nation successfully emerged from the conflict, the obligations of the
+Government had reached the immense sum of $2,873,992,909. The Secretary
+of the Treasury shows that on the 1st day of November, 1867, this amount
+had been reduced to $2,491,504,450; but at the same time his report
+exhibits an increase during the past year of $35,625,102, for the debt
+on the 1st day of November last is stated to have been $2,527,129,552.
+It is estimated by the Secretary that the returns for the past month
+will add to our liabilities the further sum of $11,000,000, making a
+total increase during thirteen months of $46,500,000.
+
+In my message to Congress December 4, 1865, it was suggested that a
+policy should be devised which, without being oppressive to the people,
+would at once begin to effect a reduction of the debt, and, if persisted
+in, discharge it fully within a definite number of years. The Secretary
+of the Treasury forcibly recommends legislation of this character,
+and justly urges that the longer it is deferred the more difficult
+must become its accomplishment. We should follow the wise precedents
+established in 1789 and 1816, and without further delay make provision
+for the payment of our obligations at as early a period as may be
+practicable. The fruits of their labors should be enjoyed by our
+citizens rather than used to build up and sustain moneyed monopolies in
+our own and other lands. Our foreign debt is already computed by the
+Secretary of the Treasury at $850,000,000; citizens of foreign countries
+receive interest upon a large portion of our securities, and American
+taxpayers are made to contribute large sums for their support. The idea
+that such a debt is to become permanent should be at all times discarded
+as involving taxation too heavy to be borne, and payment once in every
+sixteen years, at the present rate of interest, of an amount equal to
+the original sum. This vast debt, if permitted to become permanent and
+increasing, must eventually be gathered into the hands of a few, and
+enable them to exert a dangerous and controlling power in the affairs of
+the Government. The borrowers would become servants to the lenders, the
+lenders the masters of the people. We now pride ourselves upon having
+given freedom to 4,000,000 of the colored race; it will then be our
+shame that 40,000,000 of people, by their own toleration of usurpation
+and profligacy, have suffered themselves to become enslaved, and merely
+exchanged slave owners for new taskmasters in the shape of bondholders
+and taxgatherers. Besides, permanent debts pertain to monarchical
+governments, and, tending to monopolies, perpetuities, and class
+legislation, are totally irreconcilable with free institutions.
+Introduced into our republican system, they would gradually but surely
+sap its foundations, eventually subvert our governmental fabric, and
+erect upon its ruins a moneyed aristocracy. It is our sacred duty to
+transmit unimpaired to our posterity the blessings of liberty which were
+bequeathed to us by the founders of the Republic, and by our example
+teach those who are to follow us carefully to avoid the dangers which
+threaten a free and independent people.
+
+Various plans have been proposed for the payment of the public debt.
+However they may have varied as to the time and mode in which it should
+be redeemed, there seems to be a general concurrence as to the propriety
+and justness of a reduction in the present rate of interest. The
+Secretary of the Treasury in his report recommends 5 per cent; Congress,
+in a bill passed prior to adjournment on the 27th of July last, agreed
+upon 4 and 4-1/2 per cent; while by many 3 per cent has been held to be
+an amply sufficient return for the investment. The general impression as
+to the exorbitancy of the existing rate of interest has led to an
+inquiry in the public mind respecting the consideration which the
+Government has actually received for its bonds, and the conclusion is
+becoming prevalent that the amount which it obtained was in real money
+three or four hundred per cent less than the obligations which it issued
+in return. It can not be denied that we are paying an extravagant
+percentage for the use of the money borrowed, which was paper currency,
+greatly depreciated below the value of coin. This fact is made apparent
+when we consider that bondholders receive from the Treasury upon each
+dollar they own in Government securities 6 per cent in gold, which is
+nearly or quite equal to 9 per cent in currency; that the bonds are
+then converted into capital for the national banks, upon which those
+institutions issue their circulation, bearing 6 per cent interest; and
+that they are exempt from taxation by the Government and the States, and
+thereby enhanced 2 per cent in the hands of the holders. We thus have an
+aggregate of 17 per cent which may be received upon each dollar by the
+owners of Government securities. A system that produces such results is
+justly regarded as favoring a few at the expense of the many, and has
+led to the further inquiry whether our bondholders, in view of the
+large profits which they have enjoyed, would themselves be averse to
+a settlement of our indebtedness upon a plan which would yield them a
+fair remuneration and at the same time be just to the taxpayers of the
+nation. Our national credit should be sacredly observed, but in making
+provision for our creditors we should not forget what is due to the
+masses of the people. It may be assumed that the holders of our
+securities have already received upon their bonds a larger amount than
+their original investment, measured by a gold standard. Upon this
+statement of facts it would seem but just and equitable that the 6 per
+cent interest now paid by the Government should be applied to the
+reduction of the principal in semiannual installments, which in sixteen
+years and eight months would liquidate the entire national debt. Six per
+cent in gold would at present rates be equal to 9 per cent in currency,
+and equivalent to the payment of the debt one and a half times in a
+fraction less than seventeen years. This, in connection with all the
+other advantages derived from their investment, would afford to the
+public creditors a fair and liberal compensation for the use of their
+capital, and with this they should be satisfied. The lessons of the past
+admonish the lender that it is not well to be overanxious in exacting
+from the borrower rigid compliance with the letter of the bond.
+
+If provision be made for the payment of the indebtedness of the
+Government in the manner suggested, our nation will rapidly recover its
+wonted prosperity. Its interests require that some measure should be
+taken to release the large amount of capital invested in the securities
+of the Government. It is not now merely unproductive, but in taxation
+annually consumes $150,000,000, which would otherwise be used by our
+enterprising people in adding to the wealth of the nation. Our commerce,
+which at one time successfully rivaled that of the great maritime
+powers, has, rapidly diminished, and our industrial interests are
+in a depressed and languishing condition. The development of our
+inexhaustible resources is checked, and the fertile fields of the South
+are becoming waste for want of means to till them. With the release of
+capital, new life would be infused into the paralyzed energies of our
+people and activity and vigor imparted to every branch of industry. Our
+people need encouragement in their efforts to recover from the effects
+of the rebellion and of injudicious legislation, and it should be the
+aim of the Government to stimulate them by the prospect of an early
+release from the burdens which impede their prosperity. If we can not
+take the burdens from their shoulders, we should at least manifest
+a willingness to help to bear them.
+
+In referring to the condition of the circulating medium, I shall merely
+reiterate substantially that portion of my last annual message which
+relates to that subject.
+
+The proportion which the currency of any country should bear to
+the whole value of the annual produce circulated by its means is a
+question upon which political economists have not agreed. Nor can it
+be controlled by legislation, but must be left to the irrevocable laws
+which everywhere regulate commerce and trade. The circulating medium
+will ever irresistibly flow to those points where it is in greatest
+demand. The law of demand and supply is as unerring as that which
+regulates the tides of the ocean; and, indeed, currency, like the tides,
+has its ebbs and flows throughout the commercial world.
+
+At the beginning of the rebellion the bank-note circulation of the
+country amounted to not much more than $200,000,000; now the circulation
+of national-bank notes and those known as "legal-tenders" is nearly
+seven hundred millions. While it is urged by some that this amount
+should be increased, others contend that a decided reduction is
+absolutely essential to the best interests of the country. In view of
+these diverse opinions, it may be well to ascertain the real value of
+our paper issues when compared with a metallic or convertible currency.
+For this purpose let us inquire how much gold and silver could be
+purchased by the seven hundred millions of paper money now in
+circulation. Probably not more than half the amount of the latter;
+showing that when our paper currency is compared with gold and silver
+its commercial value is compressed into three hundred and fifty
+millions. This striking fact makes it the obvious duty of the
+Government, as early as may be consistent with the principles of sound
+political economy, to take such measures as will enable the holders of
+its notes and those of the national banks to convert them, without loss,
+into specie or its equivalent. A reduction of our paper circulating
+medium need not necessarily follow. This, however, would depend upon the
+law of demand and supply, though it should be borne in mind that by
+making legal-tender and bank notes convertible into coin or its
+equivalent their present specie value in the hands of their holders
+would be enhanced 100 per cent.
+
+Legislation for the accomplishment of a result so desirable is demanded
+by the highest public considerations. The Constitution contemplates that
+the circulating medium of the country shall be uniform in quality and
+value. At the time of the formation of that instrument the country had
+just emerged from the War of the Revolution, and was suffering from the
+effects of a redundant and worthless paper currency. The sages of that
+period were anxious to protect their posterity from the evils which they
+themselves had experienced. Hence in providing a circulating medium they
+conferred upon Congress the power to coin money and regulate the value
+thereof, at the same time prohibiting the States from making anything
+but gold and silver a tender in payment of debts.
+
+The anomalous condition of our currency is in striking contrast with
+that which was originally designed. Our circulation now embraces, first,
+notes of the national banks, which are made receivable for all dues to
+the Government, excluding imposts, and by all its creditors, excepting
+in payment of interest upon its bonds and the securities themselves;
+second, legal tender, issued by the United States, and which the law
+requires shall be received as well in payment of all debts between
+citizens as of all Government dues, excepting imposts; and, third, gold
+and silver coin. By the operation of our present system of finance,
+however, the metallic currency, when collected, is reserved only for one
+class of Government creditors, who, holding its bonds, semiannually
+receive their interest in coin from the National Treasury. There is no
+reason which will be accepted as satisfactory by the people why those
+who defend us on the land and protect us on the sea; the pensioner upon
+the gratitude of the nation, bearing the scars and wounds received while
+in its service; the public servants in the various departments of the
+Government; the farmer who supplies the soldiers of the Army and the
+sailors of the Navy; the artisan who toils in the nation's workshops,
+or the mechanics and laborers who build its edifices and construct
+its forts and vessels of war, should, in payment of their just and
+hard-earned dues, receive depreciated paper, while another class of
+their countrymen, no more deserving, are paid in coin of gold and
+silver. Equal and exact justice requires that all the creditors of the
+Government should be paid in a currency possessing a uniform value.
+This can only be accomplished by the restoration of the currency to the
+standard established by the Constitution, and by this means we would
+remove a discrimination which may, if it has not already done so, create
+a prejudice that may become deep-rooted and widespread and imperil the
+national credit.
+
+The feasibility of making our currency correspond with the
+constitutional standard may be seen by reference to a few facts derived
+from our commercial statistics.
+
+The aggregate product of precious metals in the United States from 1849
+to 1867 amounted to $1,174,000,000, while for the same period the net
+exports of specie were $741,000,000. This shows an excess of product
+over net exports of $433,000,000. There are in the Treasury $103,407,985
+in coin; in circulation in the States on the Pacific Coast about
+$40,000,000, and a few millions in the national and other banks--in all
+less than $160,000,000. Taking into consideration the specie in the
+country prior to 1849 and that produced since 1867, and we have more
+than $300,000,000 not accounted for by exportation or by returns of the
+Treasury, and therefore most probably remaining in the country.
+
+These are important facts, and show how completely the inferior
+currency will supersede the better, forcing it from circulation among
+the masses and causing it to be exported as a mere article of trade, to
+add to the money capital of foreign lands. They show the necessity of
+retiring our paper money, that the return of gold and silver to the
+avenues of trade may be invited and a demand created which will cause
+the retention at home of at least so much of the productions of our
+rich and inexhaustible gold-bearing fields as may be sufficient for
+purposes of circulation. It is unreasonable to expect a return to a
+sound currency so long as the Government and banks, by continuing to
+issue irredeemable notes, fill the channels of circulation with
+depreciated paper. Notwithstanding a coinage by our mints since 1849 of
+$874,000,000, the people are now strangers to the currency which was
+designed for their use and benefit, and specimens of the precious metals
+bearing the national device are seldom seen, except when produced to
+gratify the interest excited by their novelty. If depreciated paper is
+to be continued as the permanent currency of the country, and all our
+coin is to become a mere article of traffic and speculation, to the
+enhancement in price of all that is indispensable to the comfort of the
+people, it would be wise economy to abolish our mints, thus saving the
+nation the care and expense incident to such establishments, and let our
+precious metals be exported in bullion. The time has come, however, when
+the Government and national banks should be required to take the most
+efficient steps and make all necessary arrangements for a resumption of
+specie payments. Let specie payments once be earnestly inaugurated by
+the Government and banks, and the value of the paper circulation would
+directly approximate a specie standard.
+
+Specie payments having been resumed by the Government and banks, all
+notes or bills of paper issued by either of a less denomination than $20
+should by law be excluded from circulation, so that the people may have
+the benefit and convenience of a gold and silver currency which in all
+their business transactions will be uniform in value at home and abroad.
+Every man of property or industry, every man who desires to preserve
+what he honestly possesses or to obtain what he can honestly earn, has a
+direct interest in maintaining a safe circulating medium--such a medium
+as shall be real and substantial, not liable to vibrate with opinions,
+not subject to be blown up or blown down by the breath of speculation,
+but to be made stable and secure. A disordered currency is one of the
+greatest political evils. It undermines the virtues necessary for the
+support of the social system and encourages propensities destructive of
+its happiness; it wars against industry, frugality, and economy, and it
+fosters the evil spirits of extravagance and speculation.
+
+It has been asserted by one of our profound and most gifted statesmen
+that--
+
+ Of all the contrivances for cheating the laboring classes of mankind,
+ none has been more effectual than that which deludes them with paper
+ money. This is the most effectual of inventions to fertilize the rich
+ man's fields by the sweat of the poor man's brow. Ordinary tyranny,
+ oppression, excessive taxation--these bear lightly on the happiness of
+ the mass of the community compared with a fraudulent currency and the
+ robberies committed by depreciated paper. Our own history has recorded
+ for our instruction enough, and more than enough, of the demoralizing
+ tendency, the injustice, and the intolerable oppression on the virtuous
+ and well-disposed of a degraded paper currency authorized by law or in
+ any way countenanced by government.
+
+
+It is one of the most successful devices, in times of peace or war,
+of expansions or revulsions, to accomplish the transfer of all the
+precious metals from the great mass of the people into the hands of the
+few, where they are hoarded in secret places or deposited under bolts
+and bars, while the people are left to endure all the inconvenience,
+sacrifice, and demoralization resulting from the use of depreciated and
+worthless paper.
+
+The Secretary of the Interior in his report gives valuable information
+in reference to the interests confided to the supervision of his
+Department, and reviews the operations of the Land Office, Pension
+Office, Patent Office, and Indian Bureau.
+
+During the fiscal year ending June 30, 1868, 6,655,700 acres of public
+land were disposed of. The entire cash receipts of the General Land
+Office for the same period were $1,632,745, being greater by $284,883
+than the amount realized from the same sources during the previous year.
+The entries under the homestead law cover 2,328,923 acres, nearly
+one-fourth of which was taken under the act of June 21, 1866, which
+applies only to the States of Alabama, Mississippi, Louisiana, Arkansas,
+and Florida.
+
+On the 30th of June, 1868, 169,643 names were borne on the pension
+rolls, and during the year ending on that day the total amount paid for
+pensions, including the expenses of disbursement, was $24,010,982, being
+$5,391,025 greater than that expended for like purposes during the
+preceding year.
+
+During the year ending the 30th of September last the expenses of the
+Patent Office exceeded the receipts by $171, and, including reissues
+and designs, 14,153 patents were issued.
+
+Treaties with various Indian tribes have been concluded, and will be
+submitted to the Senate for its constitutional action. I cordially
+sanction the stipulations which provide for reserving lands for the
+various tribes, where they may be encouraged to abandon their nomadic
+habits and engage in agricultural and industrial pursuits. This policy,
+inaugurated many years since, has met with signal success whenever it
+has been pursued in good faith and with becoming liberality by the
+United States. The necessity for extending it as far as practicable in
+our relations with the aboriginal population is greater now than at any
+preceding period. Whilst we furnish subsistence and instruction to the
+Indians and guarantee the undisturbed enjoyment of their treaty rights,
+we should habitually insist upon the faithful observance of their
+agreement to remain within their respective reservations. This is the
+only mode by which collisions with other tribes and with the whites can
+be avoided and the safety of our frontier settlements secured.
+
+The companies constructing the railway from Omaha to Sacramento have
+been most energetically engaged in prosecuting the work, and it is
+believed that the line will be completed before the expiration of
+the next fiscal year. The 6 per cent bonds issued to these companies
+amounted on the 5th instant to $44,337,000, and additional work had
+been performed to the extent of $3,200,000.
+
+The Secretary of the Interior in August last invited my attention
+to the report of a Government director of the Union Pacific Railroad
+Company who had been specially instructed to examine the location,
+construction, and equipment of their road. I submitted for the opinion
+of the Attorney-General certain questions in regard to the authority of
+the Executive which arose upon this report and those which had from time
+to time been presented by the commissioners appointed to inspect each
+successive section of the work. After carefully considering the law of
+the case, he affirmed the right of the Executive to order, if necessary,
+a thorough revision of the entire road. Commissioners were thereupon
+appointed to examine this and other lines, and have recently submitted a
+statement of their investigations, of which the report of the Secretary
+of the Interior furnishes specific information.
+
+The report of the Secretary of War contains information of interest and
+importance respecting the several bureaus of the War Department and the
+operations of the Army. The strength of our military force on the 30th
+of September last was 48,000 men, and it is computed that by the 1st of
+January next this number will be decreased to 43,000. It is the opinion
+of the Secretary of War that within the next year a considerable
+diminution of the infantry force may be made without detriment to the
+interests of the country; and in view of the great expense attending the
+military peace establishment and the absolute necessity of retrenchment
+wherever it can be applied, it is hoped that Congress will sanction the
+reduction which his report recommends. While in 1860 sixteen thousand
+three hundred men cost the nation $16,472,000, the sum of $65,682,000
+is estimated as necessary for the support of the Army during the fiscal
+year ending June 30, 1870. The estimates of the War Department for
+the last two fiscal years were, for 1867, $33,814,461, and for 1868
+$25,205,669. The actual expenditures during the same periods were,
+respectively, $95,224,415 and $123,246,648. The estimate submitted in
+December last for the fiscal year ending June 30, 1869, was $77,124,707;
+the expenditures for the first quarter, ending the 30th of September
+last, were $27,219,117, and the Secretary of the Treasury gives
+$66,000,000 as the amount which will probably be required during the
+remaining three quarters, if there should be no reduction of the
+Army--making its aggregate cost for the year considerably in excess
+of ninety-three millions. The difference between the estimates and
+expenditures for the three fiscal years which have been named is thus
+shown to be $175,545,343 for this single branch of the public service.
+
+The report of the Secretary of the Navy exhibits the operations of that
+Department and of the Navy during the year. A considerable reduction of
+the force has been effected. There are 42 vessels, carrying 411 guns, in
+the six squadrons which are established in different parts of the world.
+Three of these vessels are returning to the United States and 4 are used
+as storeslips, leaving the actual cruising force 35 vessels, carrying
+356 guns. The total number of vessels in the Navy is 206, mounting 1,743
+guns. Eighty-one vessels of every description are in use, armed with 696
+guns. The number of enlisted men in the service, including apprentices,
+has been reduced to 8,500. An increase of navy-yard facilities is
+recommended as a measure which will in the event of war be promotive
+of economy and security. A more thorough and systematic survey of the
+North Pacific Ocean is advised in view of our recent acquisitions, our
+expanding commerce, and the increasing intercourse between the Pacific
+States and Asia. The naval pension fund, which consists of a moiety of
+the avails of prizes captured during the war, amounts to $14,000,000.
+Exception is taken to the act of 23d July last, which reduces the
+interest on the fund loaned to the Government by the Secretary, as
+trustee, to 3 per cent instead of 6 per cent, which was originally
+stipulated when the investment was made. An amendment of the pension
+laws is suggested to remedy omissions and defects in existing
+enactments. The expenditures of the Department during the last fiscal
+year were $20,120,394, and the estimates for the coming year amount
+to $20,993,414.
+
+The Postmaster-General's report furnishes a full and clear exhibit of
+the operations and condition of the postal service. The ordinary postal
+revenue for the fiscal year ending June 30, 1868, was $16,292,600,
+the total expenditures, embracing all the service for which special
+appropriations have been made by Congress, amounted to $22,730,592,
+showing an excess of expenditures of $6,437,991. Deducting from the
+expenditures the sum of $1,896,525, the amount of appropriations for
+ocean-steamship and other special service, the excess of expenditures
+was $4,541,466. By using an unexpended balance in the Treasury of
+$3,800,000 the actual sum for which a special appropriation is required
+to meet the deficiency is $741,466. The causes which produced this large
+excess of expenditure over revenue were the restoration of service in
+the late insurgent States and the putting into operation of new service
+established by acts of Congress, which amounted within the last two
+years and a half to about 48,700 miles--equal to more than one-third
+of the whole amount of the service at the close of the war. New postal
+conventions with Great Britain, North Germany, Belgium, the Netherlands,
+Switzerland, and Italy, respectively, have been carried into effect.
+Under their provisions important improvements have resulted in reduced
+rates of international postage and enlarged mail facilities with
+European countries. The cost of the United States transatlantic ocean
+mail service since January 1, 1868, has been largely lessened under the
+operation of these new conventions, a reduction of over one-half having
+been effected under the new arrangements for ocean mail steamship
+service which went into effect on that date. The attention of Congress
+is invited to the practical suggestions and recommendations made in his
+report by the Postmaster-General.
+
+No important question has occurred during the last year in our
+accustomed cordial and friendly intercourse with Costa Rica, Guatemala,
+Honduras, San Salvador, France, Austria, Belgium, Switzerland, Portugal,
+the Netherlands, Denmark, Sweden and Norway, Rome, Greece, Turkey,
+Persia, Egypt, Liberia, Morocco, Tripoli, Tunis, Muscat, Siam, Borneo,
+and Madagascar.
+
+Cordial relations have also been maintained with the Argentine and the
+Oriental Republics. The expressed wish of Congress that our national
+good offices might be tendered to those Republics, and also to Brazil
+and Paraguay, for bringing to an end the calamitous war which has so
+long been raging in the valley of the La Plata, has been assiduously
+complied with and kindly acknowledged by all the belligerents. That
+important negotiation, however, has thus far been without result.
+
+Charles A. Washburn, late United States minister to Paraguay, having
+resigned, and being desirous to return to the United States, the
+rear-admiral commanding the South Atlantic Squadron was early directed
+to send a ship of war to Asuncion, the capital of Paraguay, to receive
+Mr. Washburn and his family and remove them from a situation which was
+represented to be endangered by faction and foreign war. The Brazilian
+commander of the allied invading forces refused permission to the _Wasp_
+to pass through the blockading forces, and that vessel returned to
+its accustomed anchorage. Remonstrance having been made against this
+refusal, it was promptly overruled, and the _Wasp_ therefore resumed
+her errand, received Mr. Washburn and his family, and conveyed them to
+a safe and convenient seaport. In the meantime an excited controversy
+had arisen between the President of Paraguay and the late United States
+minister, which, it is understood, grew out of his proceedings in
+giving asylum in the United States legation to alleged enemies of
+that Republic. The question of the right to give asylum is one always
+difficult and often productive of great embarrassment. In states well
+organized and established, foreign powers refuse either to concede or
+exercise that right, except as to persons actually belonging to the
+diplomatic service. On the other hand, all such powers insist upon
+exercising the right of asylum in states where the law of nations is
+not fully acknowledged, respected, and obeyed.
+
+The President of Paraguay is understood to have opposed to Mr.
+Washburn's proceedings the injurious and very improbable charge of
+personal complicity in insurrection and treason. The correspondence,
+however, has not yet reached the United States.
+
+Mr. Washburn, in connection with this controversy, represents that two
+United States citizens attached to the legation were arbitrarily seized
+at his Side, when leaving the capital of Paraguay, committed to prison,
+and there subjected to torture for the purpose of procuring confessions
+of their own criminality and testimony to support the President's
+allegations against the United States minister. Mr. McMahon, the newly
+appointed minister to Paraguay, having reached the La Plata, has been
+instructed to proceed without delay to Asuncion, there to investigate
+the whole subject. The rear-admiral commanding the United States South
+Atlantic Squadron has been directed to attend the new minister with a
+proper naval force to sustain such just demands as the occasion may
+require, and to vindicate the rights of the United States citizens
+referred to and of any others who may be exposed to danger in the
+theater of war. With these exceptions, friendly relations have been
+maintained between the United States and Brazil and Paraguay.
+
+Our relations during the past year with Bolivia, Ecuador, Peru,
+and Chile have become especially friendly and cordial. Spain and the
+Republics of Peru, Bolivia, and Ecuador have expressed their willingness
+to accept the mediation of the United States for terminating the war
+upon the South Pacific coast. Chile has not finally declared upon the
+question. In the meantime the conflict has practically exhausted itself,
+since no belligerent or hostile movement has been made by either party
+during the last two years, and there are no indications of a present
+purpose to resume hostilities on either side. Great Britain and France
+have cordially seconded our proposition of mediation, and I do not
+forego the hope that it may soon be accepted by all the belligerents and
+lead to a secure establishment of peace and friendly relations between
+the Spanish American Republics of the Pacific and Spain--a result
+which would be attended with common benefits to the belligerents
+and much advantage to all commercial nations. I communicate, for
+the consideration of Congress, a correspondence which shows that the
+Bolivian Republic has established the extremely liberal principle of
+receiving into its citizenship any citizen of the United States, or
+of any other of the American Republics, upon the simple condition of
+voluntary registry.
+
+The correspondence herewith submitted wall be found painfully
+replete with accounts of the ruin and wretchedness produced by recent
+earthquakes, of unparalleled severity, in the Republics of Peru,
+Ecuador, and Bolivia. The diplomatic agents and naval officers of the
+United States who were present in those countries at the time of those
+disasters furnished all the relief in their power to the sufferers, and
+were promptly rewarded with grateful and touching acknowledgments by
+the Congress of Peru. An appeal to the charity of our fellow-citizens
+has been answered by much liberality. In this connection I submit an
+appeal which has been made by the Swiss Republic, whose Government and
+institutions are kindred to our own, in behalf of its inhabitants, who
+are suffering extreme destitution, produced by recent devastating
+inundations.
+
+Our relations with Mexico during the year have been marked by an
+increasing growth of mutual confidence. The Mexican Government has
+not yet acted upon the three treaties celebrated here last summer for
+establishing the rights of naturalized citizens upon a liberal and just
+basis, for regulating consular powers, and for the adjustment of mutual
+claims.
+
+All commercial nations, as well as all friends of republican
+institutions, have occasion to regret the frequent local disturbances
+which occur in some of the constituent States of Colombia. Nothing has
+occurred, however, to affect the harmony and cordial friendship which
+have for several years existed between that youthful and vigorous
+Republic and our own.
+
+Negotiations are pending with a view to the survey and construction
+of a ship canal across the Isthmus of Darien, under the auspices of
+the United States. I hope to be able to submit the results of that
+negotiation to the Senate during its present session.
+
+The very liberal treaty which was entered into last year by the United
+States and Nicaragua has been ratified by the latter Republic.
+
+Costa Rica, with the earnestness of a sincerely friendly neighbor,
+solicits a reciprocity of trade, which I commend to the consideration
+of Congress.
+
+The convention created by treaty between the United States and Venezuela
+in July, 1865, for the mutual adjustment of claims, has been held,
+and its decisions have been received at the Department of State. The
+heretofore-recognized Government of the United States of Venezuela has
+been subverted. A provisional government having been instituted under
+circumstances which promise durability, it has been formally recognized.
+
+I have been reluctantly obliged to ask explanation and satisfaction
+for national injuries committed by the President of Hayti. The political
+and social condition of the Republics of Hayti and St. Domingo is very
+unsatisfactory and painful. The abolition of slavery, which has been
+carried into effect throughout the island of St. Domingo and the entire
+West Indies, except the Spanish islands of Cuba and Porto Rico, has
+been followed by a profound popular conviction of the rightfulness
+of republican institutions and an intense desire to secure them.
+The attempt, however, to establish republics there encounters many
+obstacles, most of which may be supposed to result from long-indulged
+habits of colonial supineness and dependence upon European monarchical
+powers. While the United States have on all occasions professed a
+decided unwillingness that any part of this continent or of its adjacent
+islands shall be made a theater for a new establishment of monarchical
+power, too little has been done by us, on the other hand, to attach the
+communities by which we are surrounded to our own country, or to lend
+even a moral support to the efforts they are so resolutely and so
+constantly making to secure republican institutions for themselves.
+It is indeed a question of grave consideration whether our recent and
+present example is not calculated to check the growth and expansion of
+free principles, and make those communities distrust, if not dread,
+a government which at will consigns to military domination States that
+are integral parts of our Federal Union, and, while ready to resist any
+attempts by other nations to extend to this hemisphere the monarchical
+institutions of Europe, assumes to establish over a large portion of
+its people a rule more absolute, harsh, and tyrannical than any known
+to civilized powers.
+
+The acquisition of Alaska was made with the view of extending national
+jurisdiction and republican principles in the American hemisphere.
+Believing that a further step could be taken in the same direction,
+I last year entered into a treaty with the King of Denmark for the
+purchase of the islands of St. Thomas and St. John, on the best terms
+then attainable, and with the express consent of the people of those
+islands. This treaty still remains under consideration in the Senate.
+A new convention has been entered into with Denmark, enlarging the time
+fixed for final ratification of the original treaty.
+
+Comprehensive national policy would seem to sanction the acquisition and
+incorporation into our Federal Union of the several adjacent continental
+and insular communities as speedily as it can be done peacefully,
+lawfully, and without any violation of national justice, faith, or
+honor. Foreign possession or control of those communities has hitherto
+hindered the growth and impaired the influence of the United States.
+Chronic revolution and anarchy there would be equally injurious. Each
+one of them, when firmly established as an independent republic, or when
+incorporated into the United States, would be a new source of strength
+and power. Conforming my Administration to these principles, I have on
+no occasion lent support or toleration to unlawful expeditions set on
+foot upon the plea of republican propagandism or of national extension
+or aggrandizement. The necessity, however, of repressing such unlawful
+movements clearly indicates the duty which rests upon us of adapting our
+legislative action to the new circumstances of a decline of European
+monarchical power and influence and the increase of American republican
+ideas, interests, and sympathies.
+
+It can not be long before it will become necessary for this Government
+to lend some effective aid to the solution of the political and social
+problems which are continually kept before the world by the two
+Republics of the island of St. Domingo, and which are now disclosing
+themselves more distinctly than heretofore in the island of Cuba. The
+subject is commended to your consideration with all the more earnestness
+because I am satisfied that the time has arrived when even so direct a
+proceeding as a proposition for an annexation of the two Republics of
+the island of St. Domingo would not only receive the consent of the
+people interested, but would also give satisfaction to all other foreign
+nations.
+
+I am aware that upon the question of further extending our
+possessions it is apprehended by some that our political system can not
+successfully be applied to an area more extended than our continent; but
+the conviction is rapidly gaining ground in the American mind that with
+the increased facilities for intercommunication between all portions
+of the earth the principles of free government, as embraced in our
+Constitution, if faithfully maintained and carried out, would prove of
+sufficient strength and breadth to comprehend within their sphere and
+influence the civilized nations of the world.
+
+The attention of the Senate and of Congress is again respectfully
+invited to the treaty for the establishment of commercial reciprocity
+with the Hawaiian Kingdom entered into last year, and already ratified
+by that Government. The attitude of the United States toward these
+islands is not very different from that in which they stand toward the
+West Indies. It is known and felt by the Hawaiian Government and people
+that their Government and institutions are feeble and precarious; that
+the United States, being so near a neighbor, would be unwilling to see
+the islands pass under foreign control. Their prosperity is continually
+disturbed by expectations and alarms of unfriendly political
+proceedings, as well from the United States as from other foreign
+powers. A reciprocity treaty, while it could not materially diminish
+the revenues of the United States, would be a guaranty of the good will
+and forbearance of all nations until the people of the islands shall of
+themselves, at no distant day, voluntarily apply for admission into the
+Union.
+
+The Emperor of Russia has acceded to the treaty negotiated here
+in January last for the security of trade-marks in the interest
+of manufacturers and commerce. I have invited his attention to the
+importance of establishing, now while it seems easy and practicable,
+a fair and equal regulation of the vast fisheries belonging to the
+two nations in the waters of the North Pacific Ocean.
+
+The two treaties between the United States and Italy for the regulation
+of consular powers and the extradition of criminals, negotiated and
+ratified here during the last session of Congress, have been accepted
+and confirmed by the Italian Government. A liberal consular convention
+which has been negotiated with Belgium will be submitted to the Senate.
+The very important treaties which were negotiated between the United
+States and North Germany and Bavaria for the regulation of the rights of
+naturalized citizens have been duly ratified and exchanged, and similar
+treaties have been entered into with the Kingdoms of Belgium and
+Wurtemberg and with the Grand Duchies of Baden and Hesse-Darmstadt.
+I hope soon to be able to submit equally satisfactory conventions of
+the same character now in the course of negotiation with the respective
+Governments of Spain, Italy, and the Ottoman Empire.
+
+Examination of claims against the United States by the Hudsons Bay
+Company and the Puget Sound Agricultural Company, on account of certain
+possessory rights in the State of Oregon and Territory of Washington,
+alleged by those companies in virtue of provisions of the treaty
+between the United States and Great Britain of June 15, 1846, has been
+diligently prosecuted, under the direction of the joint international
+commission to which they were submitted for adjudication by treaty
+between the two Governments of July 1, 1863, and will, it is expected,
+be concluded at an early day.
+
+No practical regulation concerning colonial trade and the fisheries can
+be accomplished by treaty between the United States and Great Britain
+until Congress shall have expressed their judgment concerning the
+principles involved. Three other questions, however, between the United
+States and Great Britain remain open for adjustment. These are the
+mutual rights of naturalized citizens, the boundary question involving
+the title to the island of San Juan, on the Pacific coast, and mutual
+claims arising since the year 1853 of the citizens and subjects of the
+two countries for injuries and depredations committed under the
+authority of their respective Governments. Negotiations upon these
+subjects are pending, and I am not without hope of being able to lay
+before the Senate, for its consideration during the present session,
+protocols calculated to bring to an end these justly exciting and
+long-existing controversies.
+
+We are not advised of the action of the Chinese Government upon the
+liberal and auspicious treaty which was recently celebrated with its
+plenipotentiaries at this capital.
+
+Japan remains a theater of civil war, marked by religious incidents
+and political severities peculiar to that long-isolated Empire. The
+Executive has hitherto maintained strict neutrality among the
+belligerents, and acknowledges with pleasure that it has been frankly
+and fully sustained in that course by the enlightened concurrence and
+cooperation of the other treaty powers, namely, Great Britain, France,
+the Netherlands, North Germany, and Italy.
+
+Spain having recently undergone a revolution marked by extraordinary
+unanimity and preservation of order, the provisional government
+established at Madrid has been recognized, and the friendly intercourse
+which has so long happily existed between the two countries remains
+unchanged.
+
+I renew the recommendation contained in my communication to Congress
+dated the 18th July last--a copy of which accompanies this message--that
+the judgment of the people should be taken on the propriety of so
+amending the Federal Constitution that it shall provide--
+
+First. For an election of President and Vice-President by a direct vote
+of the people, instead of through the agency of electors, and making
+them ineligible for reelection to a second term.
+
+Second. For a distinct designation of the person who shall discharge
+the duties of President in the event of a vacancy in that office by the
+death, resignation, or removal of both the President and Vice-President.
+
+Third. For the election of Senators of the United States directly by
+the people of the several States, instead of by the legislatures; and
+
+Fourth. For the limitation to a period of years of the terms of Federal
+judges.
+
+Profoundly impressed with the propriety of making these important
+modifications in the Constitution, I respectfully submit them for
+the early and mature consideration of Congress. We should, as far
+as possible, remove all pretext for violations of the organic law,
+by remedying such imperfections as time and experience may develop,
+ever remembering that "the constitution which at any time exists until
+changed by an explicit and authentic act of the whole people is sacredly
+obligatory upon all."
+
+In the performance of a duty imposed upon me by the Constitution, I have
+thus communicated to Congress information of the state of the Union and
+recommended for their consideration such measures as have seemed to me
+necessary and expedient. If carried into effect, they will hasten the
+accomplishment of the great and beneficent purposes for which the
+Constitution was ordained, and which it comprehensively states were
+"to form a more perfect Union, establish justice, insure domestic
+tranquillity, provide for the common defense, promote the general
+welfare, and secure the blessings of liberty to ourselves and our
+posterity." In Congress are vested all legislative powers, and upon them
+devolves the responsibility as well for framing unwise and excessive
+laws as for neglecting to devise and adopt measures absolutely demanded
+by the wants of the country. Let us earnestly hope that before the
+expiration of our respective terms of service, now rapidly drawing
+to a close, an all-wise Providence will so guide our counsels as to
+strengthen and preserve the Federal Union, inspire reverence for the
+Constitution, restore prosperity and happiness to our whole people,
+and promote "on earth peace, good will toward men."
+
+ANDREW JOHNSON.
+
+
+
+
+SPECIAL MESSAGES.
+
+WASHINGTON, _December 8, 1868_.
+
+_To the Senate and House of Representatives_:
+
+I transmit a copy of a note of the 24th of November last addressed to
+the Secretary of State by the minister of Great Britain, communicating
+a decree of the district court of the United States for the southern
+district of New York ordering the payment of certain sums to the
+defendants in a suit against the English schooner _Sibyl_, libeled as a
+prize of war. It is requisite for the fulfillment of the decree that an
+appropriation of the sums specified therein should be made by Congress.
+The appropriation is recommended accordingly.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 11, 1868_.
+
+_To the House of Representatives of the United States_:
+
+In answer to the resolution of the House of Representatives of the 7th
+instant, relating to the correspondence with the American minister at
+London concerning the so-called _Alabama_ claims, I transmit a report
+on the subject from the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 14th
+December instant, I transmit the accompanying report[70] of the Secretary
+of State.
+
+ANDREW JOHNSON.
+
+[Footnote 70: Relating to the sending of a commissioner from the United
+States to Spain.]
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 14th
+instant, requesting the correspondence which has taken place between the
+United States minister at Brazil and Rear-Admiral Davis touching the
+disposition of the American squadron at Rio Janeiro and the Paraguay
+difficulties, I transmit a report of the Secretary of State upon that
+subject.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 16, 1868_.
+
+_To the Senate of the United States_:
+
+In answer to the resolution of the Senate of the 8th instant, concerning
+recent transactions in the region of the La Plata affecting the
+political relations of the United States with Paraguay, the Argentine
+Republic, Uruguay, and Brazil, I transmit a report of the Secretary of
+State, which is accompanied by a copy of the papers called for by the
+resolution.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _December 18, 1868_.
+
+_To the House of Representatives_:
+
+I herewith communicate a report of the Secretary of the Interior, in
+answer to a resolution adopted by the House of Representatives on the
+16th instant, making inquiries in reference to the Union Pacific
+Railroad and requesting the transmission of the report of the special
+commissioners appointed to examine the construction and equipment of
+the road.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with the request contained
+in its resolution of the 15th ultimo, a report from the Secretary of
+State, communicating information in regard to the action of the mixed
+commission for the adjustment of claims by citizens of the United
+States against the Government of Venezuela.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives a report from the Secretary
+of State, with accompanying papers, in relation to the resolution of
+Congress approved July 20, 1867, "declaring sympathy with the suffering
+people of Crete."
+
+ANDREW JOHNSON.
+
+[The same message was sent to the Senate.]
+
+
+
+WASHINGTON, _January 4, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention of the 24th of
+October, 1867, between the United States and His Majesty the King of
+Denmark.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 5, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and His Hawaiian
+Majesty, signed in this city on the 28th day of July last, stipulating
+for an extension of the period for the exchange of the ratifications of
+the convention between the same parties on the subject of commercial
+reciprocity.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 7, 1869_.
+
+_To the House of Representatives_:
+
+I transmit herewith, in answer to a resolution of the House of
+Representatives of the 16th of December last, a report[71] from the
+Secretary of State of the 6th instant.
+
+ANDREW JOHNSON.
+
+[Footnote 71: Giving reasons why reductions in the number of officers
+and employees and in the salaries and expenses of the Department of
+State should not be made.]
+
+
+
+WASHINGTON, D.C., _January 8, 1869_.
+
+_To the Senate and House of Representatives_:
+
+In conformity with the requirements of the sixth section of the act of
+the 22d of June, 1860, to carry into effect provisions of the treaty
+with China and certain other Oriental nations, I transmit to Congress a
+copy of eight rules agreed upon between the Chinese Imperial Government
+and the minister of the United States and those of other foreign powers
+accredited to that Government, for conducting the proceedings of the
+joint tribunal in cases of confiscation and fines for breaches of the
+revenue laws of that Empire. These rules, which are accompanied by
+correspondence between our minister and Secretary of State on the
+subject, are commended to the consideration of Congress with a view
+to their approval.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 8, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 17th
+ultimo, a report[72] from the Secretary of State, with an accompanying
+paper.
+
+ANDREW JOHNSON.
+
+[Footnote 72: Relating to the exercise or claim by United States consuls
+in Japan of judicial powers in cases arising between American citizens
+and citizens or subjects of any foreign nation ether than Japan, etc.]
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and Belgium upon
+the subject of naturalization, which was signed at Brussels on the 16th
+of November last.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, a convention between the United States and Belgium
+concerning the rights, privileges, and immunities of consuls in the
+two countries, signed at Brussels on the 5th ultimo.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article of the treaty of commerce and
+navigation between the United States and Belgium of the 17th of July,
+1858, which was signed at Brussels on the 20th ultimo.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 12, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit a copy of a convention between the United States and Peru,
+signed at Lima on the 4th of last month, stipulating for a mixed
+commission for the adjustment of claims of citizens of the two
+countries. An extract from that part of the dispatch of the minister of
+the United States at Lima which accompanied the copy referred to, and
+which relates to it, is also transmitted. It will be seen from this
+extract that it is desirable that the decision of the Senate upon
+the instrument should be given as early as may be convenient. It is
+consequently recommended for consideration with a view to ratification.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 13, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded at Washington, D.C., August 13, 1868, between the
+United States and the Nez Perce tribe of Indians, which treaty is
+supplemental to and amendatory of the treaty concluded with said tribe
+June 9, 1863. A communication from the Secretary of the Interior of the
+12th instant, inclosing a copy of a report of the Commissioner of Indian
+Affairs of the 11th instant, is also herewith transmitted.[73]
+
+ANDREW JOHNSON.
+
+[Footnote 73: Note by the Executive Clerk of the Senate.--"The
+communication from the Secretary of the Interior and this report of the
+Commissioner of Indian Affairs did not accompany the above communication
+from the president."]
+
+
+
+WASHINGTON, _January 14, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of War, together with
+the original papers accompanying the same, submitted in compliance
+with the resolution of the Senate of the 5th instant, requesting such
+information as is furnished by the files of the War Department in
+relation to the erection of fortifications at Lawrence, Kans., in 1864
+and 1865.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit, for the opinion of the Senate as to the expediency of
+concluding a convention based thereupon, a protocol, signed at London on
+the 9th of October last, for regulating the citizenship of citizens of
+the United States who have emigrated or who may emigrate from the United
+States to the British dominions, and of British subjects who have
+emigrated or who may emigrate from the British dominions to the United
+States of America.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view to its
+ratification, a copy of a treaty between the United States and Great
+Britain, signed yesterday at London, providing for the reference to an
+arbiter of the question of difference between the United States and
+Great Britain concerning the northwest line of water boundary between
+the United States and the British possessions in North America. It is
+expected that the original of the convention will be forwarded by the
+steamer which leaves Liverpool to-morrow. Circumstances, however, to
+which it is unnecessary to advert, in my judgment make it advisable to
+communicate to the Senate the copy referred to in advance of the arrival
+of the original instrument.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for consideration with a view of its
+ratification, a copy of a convention between the United States and
+Great Britain, signed yesterday at London, providing for the adjustment
+of all outstanding claims of the citizens and subjects of the parties,
+respectively. It is expected that the original of the convention
+will be forwarded by the steamer which leaves Liverpool to-morrow.
+Circumstances, however, to which it is unnecessary to advert, in my
+judgment make it advisable to communicate to the Senate the copy
+referred to in advance of the arrival of the original instrument.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 18, 1869_.
+
+_To the Senate of the United States_:
+
+The resolution adopted on the 5th instant, requesting the President "to
+transmit to the Senate a copy of any proclamation of amnesty made by him
+since the last adjournment of Congress, and also to communicate to the
+Senate by what authority of law the same was made," has been received.
+
+I accordingly transmit herewith a copy of a proclamation dated the 25th
+day of December last. The authority of law by which it was made is set
+forth in the proclamation itself, which expressly affirms that it was
+issued "by virtue of the power and authority in me vested by the
+Constitution, and in the name of the sovereign people of the United
+States," and proclaims and declares "unconditionally and without
+reservation, to all and to every person who, directly or indirectly,
+participated in the late insurrection or rebellion, a full pardon and
+amnesty for the offense of treason against the United States, or of
+adhering to their enemies during the late civil war, with restoration of
+all rights, privileges, and immunities under the Constitution and the
+laws which have been made in pursuance thereof."
+
+The Federal Constitution is understood to be and is regarded by the
+Executive as the supreme law of the land. The second section of article
+second of that instrument provides that the President "shall have power
+to grant reprieves and pardons for offenses against the United States,
+except in cases of impeachment." The proclamation of the 25th ultimo is
+in strict accordance with the judicial expositions of the authority thus
+conferred upon the Executive, and, as will be seen by reference to the
+accompanying papers, is in conformity with the precedent established by
+Washington in 1795, and followed by President Adams in 1800, Madison in
+1815, and Lincoln in 1863, and by the present Executive in 1865, 1867,
+and 1868.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 20, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of War, made in
+compliance with the resolution of the Senate of the 19th ultimo,
+requesting information in reference to the payment of rent for the use
+of the building known as the Libby Prison, in the city of Richmond, Va.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 22, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention between the United
+States and His Majesty the King of Italy for regulating the jurisdiction
+of consuls.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 22, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its consideration with a view to
+ratification, an additional article to the convention between the United
+States and His Majesty the King of Italy for the mutual extradition of
+criminals fugitives from justice.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 23, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of
+that body, a treaty concluded at the council house on the Cattaraugus
+Reservation, in Erie County, N.Y., on the 4th day of December, 1868,
+by Walter R. Irwin, commissioner on the part of the United States, and
+the duly authorized representatives of the several tribes and bands of
+Indians residing in the State of New York, A copy of a letter from the
+Secretary of the Interior, dated the 22d instant, and the papers therein
+referred to, in relation to the treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 26, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit for the consideration of Congress, in conformity with the
+requirements of the sixth section of the act of the 22d of June, 1860,
+a copy of certain regulations for the consular courts in China,
+prohibiting steamers sailing under the flag of the United States from
+using or passing through the Straw Shoe Channel on the river Yangtse,
+decreed by S. Wells Williams, charge d'affaires, on the 1st of June, and
+promulgated by George F. Seward, consul-general at Shanghai, on the 25th
+of July, 1868, with the assent of five of the United States consuls in
+China, G.H. Colton Salter dissenting. His objections to the regulations
+are set forth in the accompanying copy of a communication of the 10th of
+October last, inclosed in Consul-General Seward's dispatch of the 14th
+of the game month to the Secretary of State, a copy of which is also
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _January 26, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with
+accompanying documents, in relation to the gold medal presented to Mr.
+George Peabody pursuant to the resolution of Congress of March 16, 1867.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 27, 1860_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in answer to their
+resolution of the 23d instant, the accompanying report[74] from
+the Secretary of State.
+
+ANDREW JOHNSON.
+
+[Footnote 74: Relating to buildings occupied in Washington by
+Departments of the Government.]
+
+
+
+WASHINGTON, _January 27, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication from the Secretary of War, upon the
+subject of the resolution of the Senate of the 21st instant, requesting
+a copy of the report of Brevet Major-General William S. Harney upon the
+Sioux and other Indians congregated under treaties made with them by the
+special peace commission.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 29, 1869_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives, in answer to a resolution
+of the House of Representatives without date, received at the Executive
+Mansion on the 10th of December, calling for correspondence in relation
+to the cases of Messrs. Costello and Warren, naturalized citizens of the
+United States imprisoned in Great Britain, a report from the Secretary
+of State and the papers to which it refers.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _January 29, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its consideration in connection
+with the treaty with the New York Indians concluded November 4, 1868,
+which is now before that body for its constitutional action, an
+additional article of said treaty as an amendment.
+
+A communication, dated the 28th instant, from the Secretary of the
+Interior, and a copy of a report of the Commissioner of Indian Affairs,
+explaining the object of the amendment, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1869_.
+
+_To the House of Representatives_:
+
+In answer to the resolution of the House of Representatives of the 16th
+of December last, in relation to the arrest of American citizens in
+Paraguay, I transmit a report of the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 1, 1869_.
+
+_To the Senate of the United States_:
+
+In further answer to the resolution of the Senate of the 8th of December
+last, concerning recent transactions in the region of the La Plata
+affecting the political relations of the United States with Paraguay,
+the Argentine Republic, Uruguay, and Brazil, I transmit a report from
+the Secretary of State.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 2, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+two treaties made by the commissioners appointed under the act of
+Congress of 20th July, 1867, to establish peace with certain hostile
+tribes, viz:
+
+A treaty concluded at Fort Laramie, Dakota Territory, on the 2Qth April,
+1868, with various bands of the Sioux or Dakota Nation of Indians.
+
+A treaty concluded at Fort Bridger, Utah Territory, on the 3d day of
+July, 1868, with the Shoshone (eastern band) and Bannock Indians.
+
+A communication from the Secretary of the Interior, dated the 2d
+instant, inclosing a copy of a letter to him from the Commissioner of
+Indian Affairs of the 28th ultimo, together with the correspondence
+therein referred to, relating to said treaties, are also herewith
+transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 3, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit, for the consideration of Congress, a report from the
+Secretary of State, and the papers which accompany it, in relation to
+the encroachments of agents of the Hudsons Bay Company upon the trade
+and territory of Alaska.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 4, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of that
+body thereon, the following treaties, concluded with various bands and
+tribes of Indians by William I. Cullen, special agent for Indians in
+Montana, viz:
+
+Treaty concluded at Fort Hawley on the 13th July, 1868, with the Gros
+Ventres.
+
+Treaty concluded at Fort Hawley on the 15th July, 1868, with the River
+Crow Indians.
+
+Treaty concluded at Fort Benton September 1, 1868, with the Blackfeet
+Nation (composed of the tribe of that name and the Blood and Piegan
+tribes).
+
+Treaty with the mixed bands of Shoshones, Bannocks, and Sheepeaters,
+concluded at Virginia City September 24, 1868.
+
+A letter of the Secretary of the Interior, dated the 3d instant, and
+the report of the Commissioner of Indian Affairs, dated the 2d instant,
+explaining the provisions of the several treaties and suggesting an
+amendment of some of them, and submitting maps and papers connected with
+said treaties, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 4, 1869_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 23d
+January ultimo, I transmit a report[75] of the Secretary of State, which is
+accompanied by a copy of the correspondence called for by the resolution.
+
+ANDREW JOHNSON.
+
+[Footnote 75: Relating to the claim of William T. Harris, a United
+States citizen, to property withheld by the Brazilian Government.]
+
+
+
+WASHINGTON, _February 8, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to my communications of the 16th of December, 1868, and of
+the 1st of February instant, addressed to the Senate in answer to the
+resolution of that body of the 8th of December last, concerning recent
+transactions in the region of the La Plata, I transmit a report of the
+Secretary of State and the papers which accompany it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 9, 1869_.
+
+_To the House of Representatives_:
+
+In answer to a resolution of the House of Representatives of the 13th
+ultimo, requesting information as to expenditures by the northwestern
+boundary commission, I transmit a report from the Secretary of State on
+the subject, and the papers which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 9, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for the constitutional action of that
+body thereon, a treaty concluded on the 2d day of September, 1868,
+between the United States and the Creek Nation of Indians by their duly
+authorized delegates.
+
+A letter from the Secretary of the Interior, dated the 8th instant, and
+a report of the Commissioner of Indian Affairs, dated the 6th instant,
+in relation to said treaty, are also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 11, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 21st
+ultimo, a report from the Secretary of State, with accompanying papers,
+in relation to the establishment of the Robert College at
+Constantinople.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 13, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for their action thereon, a mutual
+relinquishment of the agreement between the Ottawa and Chippewa Indians
+of Kansas, which agreement is appended to a treaty now before the Senate
+between the United States and the Swan Creek and Black River Chippewas
+and the Munsee or Christian Indians, concluded on the 1st of June, 1868.
+
+A letter of the Secretary of the Interior of the 11th instant, together
+with the papers therein referred to, is also herewith transmitted.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 15, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to
+ratification, a convention between the United States of America arid the
+United States of Colombia for facilitating and securing the construction
+of a ship canal between the Atlantic and Pacific oceans through the
+continental isthmus lying without the jurisdiction of the United States
+of Colombia, which instrument was signed at Bogota on the 14th instant.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith lay before the Senate, for its constitutional action thereon,
+a treaty concluded on the 11th instant, in the city of Washington,
+between the United States and the Sac and Fox Indians of the Missouri
+and the Iowa tribe of Indians. A letter of the Secretary of the Interior
+of the 16th instant, together with the letters therein referred to,
+accompany the treaty. For reasons stated in the accompanying
+communications, I request to withdraw from the Senate a treaty with the
+Sac and Fox Indians of the Missouri, concluded February 19, 1867, now
+pending before that body.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 17, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a report from the Secretary of State, with
+accompanying documents, in relation to the gold medal presented to Mr.
+Cyrus W. Field pursuant to the resolution of Congress of March 2, 1867.
+
+ANDREW JOHNSON.
+
+
+
+EXECUTIVE MANSION, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I herewith present, for the consideration of the Senate in connection
+with the treaty with the Brule and other bands of Sioux Indians now
+pending before that body, a communication from the Secretary of the
+Interior, dated the 16th instant, and accompanying letters from the
+Commissioner of Indian Affairs and P. H. Conger, United States Indian
+agent for the Yankton Sioux, requesting that the benefits of said treaty
+may be extended to the Yankton Sioux and all the bands and individuals
+of the Dakota Sioux.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 17, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in answer to their resolution of the 19th
+ultimo, relating to fisheries, a report from the Secretary of State and
+the documents which accompanied it.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 18, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for its constitutional action, a treaty
+concluded on the 13th instant between the United States and the Otoe and
+Missouria tribe of Indians, together with the accompanying papers.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 19, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a correspondence which has taken place
+between the Secretary of State and the minister of the United States at
+Paris, in relation to the use of passports by citizens of the United
+States in France.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 20, 1869_.
+
+_To the House of Representatives_:
+
+I transmit an additional report from the Secretary of State,
+representing that Messrs. Costello and Warren, citizens of the United
+States imprisoned in Ireland, have been released.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 23, 1869_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report from the Secretary of the Treasury, on
+the subject of the resolution of the Senate of the 13th January last,
+requesting "that the President direct the Secretary of the Treasury to
+detail an officer to select from the public lands such permanent points
+upon the coast of Oregon, Washington Territory, and Alaska as in his
+judgment may be necessary for light-house purposes, in view of the
+future commercial necessity of the Pacific Coast, and to reserve the
+same for exclusive use of the United States."
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 23, 1869_.
+
+_To the Senate and House of Representatives_:
+
+Referring to my communication to Congress of the 26th ultimo, concerning
+a decree made by the United States charge d'affaires in China, on 1st
+of June last, prohibiting steamers sailing under the flag of the United
+States from using or passing through the Straw Shoe Channel on the
+Yangtse River, I now transmit a copy of a dispatch of the 22d of August
+last, No. 25, from S. Wells Williams, esq., and of such of the papers
+accompanying it as were not contained in my former communication. I also
+transmit a copy of the reply of the 6th instant made by the Secretary of
+State to the above-named dispatch.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _February 24, 1869_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress a copy of a convention between the United States
+and the Mexican Republic, providing for the adjustment of the claims of
+citizens of either country against the other, signed on the 4th day of
+July last, and the ratifications of which were exchanged on the 1st
+instant.
+
+It is recommended that such legislation as may be necessary to carry
+this convention into effect shall receive early consideration.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _March 1, 1869_.
+
+_To the Senate of the United States_:
+
+In compliance with the request of the Senate of the 27th ultimo,
+I return herewith their resolution of the 26th February, calling for a
+statement of internal-revenue stamps issued by the Government since the
+passage of the act approved July 1, 1862.
+
+ANDREW JOHNSON.
+
+
+
+
+VETO MESSAGES.
+
+
+WASHINGTON, D.C., _February 13, 1869_.
+
+_To the Senate of the United States_:
+
+The bill entitled "An act transferring the duties of trustees of colored
+schools of Washington and Georgetown" is herewith returned to the
+Senate, in which House it originated, without my approval.
+
+The accompanying paper exhibits the fact that the legislation which the
+bill proposes is contrary to the wishes of the colored residents of
+Washington and Georgetown, and that they prefer that the schools for
+their children should be under the management of trustees selected by
+the Secretary of the Interior, whose term of office is for four years,
+rather than subject to the control of bodies whose tenure of office,
+depending merely upon political considerations, may be annually affected
+by the elections which take place in the two cities.
+
+The colored people of Washington and Georgetown are at present not
+represented by a person of their own race in either of the boards of
+trustees of public schools appointed by the municipal authorities.
+Of the three trustees, however, who, under the act of July 11, 1862,
+compose the board of trustees of the schools for colored children, two
+are persons of color. The resolutions transmitted herewith show that
+they have performed their trust in a manner entirely satisfactory to
+the colored people of the two cities, and no good reason is known to
+the Executive why the duties which now devolve upon them should be
+transferred as proposed in the bill.
+
+With these brief suggestions the bill is respectfully returned, and the
+consideration of Congress invited to the accompanying preamble and
+resolutions.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, D.C., _February 22, 1869_.
+
+_To the House of Representatives_:
+
+The accompanying bill, entitled "An act regulating the duties on
+imported copper and copper ores," is, for the following reasons,
+returned, without my approval, to the House of Representatives, in which
+branch of Congress it originated.
+
+Its immediate effect will be to diminish the public receipts, for the
+object of the bill can not be accomplished without seriously affecting
+the importation of copper and copper ores, from which a considerable
+revenue is at present derived. While thus impairing the resources of the
+Government, it imposes an additional tax upon an already overburdened
+people, who should not be further impoverished that monopolies may be
+fostered and corporations enriched.
+
+It is represented--and the declaration seems to be sustained by
+evidence--that the duties for which this bill provides are nearly or
+quite sufficient to prohibit the importation of certain foreign ores of
+copper. Its enactment, therefore, will prove detrimental to the shipping
+interests of the nation, and at the same time destroy the business, for
+many years successfully established, of smelting home ores in connection
+with a smaller amount of the imported articles. This business, it is
+credibly asserted, has heretofore yielded the larger share of the copper
+production of the country, and thus the industry which this legislation
+is designed to encourage is actually less than that which will be
+destroyed by the passage of this bill.
+
+It seems also to be evident that the effect of this measure will be to
+enhance by 70 per cent the cost of blue vitriol--an article extensively
+used in dyeing and in the manufacture of printed and colored cloths. To
+produce such an augmentation in the price of this commodity will be to
+discriminate against other great branches of domestic industry, and by
+increasing their cost to expose them most unfairly to the effects of
+foreign competition. Legislation can neither be wise nor just which
+seeks the welfare of a single interest at the expense and to the injury
+of many and varied interests at least equally important and equally
+deserving the consideration of Congress. Indeed, it is difficult to find
+any reason which will justify the interference of Government with any
+legitimate industry, except so far as may be rendered necessary by the
+requirements of the revenue. As has already been stated, however, the
+legislative intervention proposed in the present instance will diminish,
+not increase, the public receipts.
+
+The enactment of such a law is urged as necessary for the relief of
+certain mining interests upon Lake Superior, which, it is alleged,
+are in a greatly depressed condition, and can only be sustained by an
+enhancement of the price of copper. If this result should follow the
+passage of the bill, a tax for the exclusive benefit of a single class
+would be imposed upon the consumers of copper throughout the entire
+country, not warranted by any need of the Government, and the avails of
+which would not in any degree find their way into the Treasury of the
+nation. If the miners of Lake Superior are in a condition of want, it
+can not be justly affirmed that the Government should extend charity to
+them in preference to those of its citizens who in other portions of the
+country suffer in like manner from destitution. Least of all should the
+endeavor to aid them be based upon a method so uncertain and indirect as
+that contemplated by the bill, and which, moreover, proposes to continue
+the exercise of its benefaction through an indefinite period of years.
+It is, besides, reasonable to hope that positive suffering from want,
+if it really exists, will prove but temporary in a region where
+agricultural labor is so much in demand and so well compensated. A
+careful examination of the subject appears to show that the present
+low price of copper, which alone has induced any depression the mining
+interests of Lake Superior may have recently experienced, is due to
+causes which it is wholly impolitic, if not impracticable, to contravene
+by legislation. These causes are, in the main, an increase in the
+general supply of copper, owing to the discovery and working of
+remarkably productive mines and to a coincident restriction in the
+consumption and use of copper by the substitution of other and cheaper
+metals for industrial purposes. It is now sought to resist by artificial
+means the action of natural laws; to place the people of the United
+States, in respect to the enjoyment and use of an essential commodity,
+upon a different basis from other nations, and especially to compensate
+certain private and sectional interests for the changes and losses which
+are always incident to industrial progress.
+
+Although providing for an increase of duties, the proposed law does not
+even come within the range of protection, in the fair acceptation of the
+term. It does not look to the fostering of a young and feeble interest
+with a view to the ultimate attainment of strength and the capacity
+of self-support. It appears to assume that the present inability for
+successful production is inherent and permanent, and is more likely
+to increase than to be gradually overcome; yet in spite of this it
+proposes, by the exercise of the lawmaking power, to sustain that
+interest and to impose it in hopeless perpetuity as a tax upon the
+competent and beneficent industries of the country.
+
+The true method for the mining interests of Lake Superior to
+obtain relief, if relief is needed, is to endeavor to make their great
+natural resources fully available by reducing the cost of production.
+Special or class legislation can not remedy the evils which this bill
+is designed to meet. They can only be overcome by laws which will effect
+a wise, honest, and economical administration of the Government, a
+reestablishment of the specie standard of value, and an early adjustment
+of our system of State, municipal, and national taxation (especially the
+latter) upon the fundamental principle that all taxes, whether collected
+under the internal revenue or under a tariff, shall interfere as little
+as possible with the productive energies of the people.
+
+The bill is therefore returned, in the belief that the true interests
+of the Government and of the people require that it should not become
+a law.
+
+ANDREW JOHNSON.
+
+
+
+
+PROCLAMATION.
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas the President of the United States has heretofore set forth
+several proclamations offering amnesty and pardon to persons who
+had been or were concerned in the late rebellion against the lawful
+authority of the Government of the United States, which proclamations
+were severally issued on the 8th day of December, 1863, on the 26th
+day of March, 1864, on the 29th day of May, 1865, on the 7th day of
+September, 1867, and on the 4th day of July, in the present year; and
+
+Whereas the authority of the Federal Government having been
+reestablished in all the States and Territories within the jurisdiction
+of the United States, it is believed that such prudential reservations
+and exceptions as at the dates of said several proclamations were deemed
+necessary and proper may now be wisely and justly relinquished, and that
+an universal amnesty and pardon for participation in said rebellion
+extended to all who have borne any part therein will tend to secure
+permanent peace, order, and prosperity throughout the land, and to renew
+and fully restore confidence and fraternal feeling among the whole
+people, and their respect for and attachment to the National Government,
+designed by its patriotic founders for the general good:
+
+Now, therefore, be it known that I, Andrew Johnson, President of the
+United States, by virtue of the power and authority in me vested by the
+Constitution and in the name of the sovereign people of the United
+States, do hereby proclaim and declare, unconditionally and without
+reservation, to all and to every person who, directly or indirectly,
+participated in the late insurrection or rebellion a full pardon and
+amnesty for the offense of treason against the United States or of
+adhering to their enemies during the late civil war, with restoration
+of all rights, privileges, and immunities under the Constitution and
+the laws which have been made in pursuance thereof.
+
+In testimony whereof I have signed these presents with my hand and have
+caused the seal of the United States to be hereunto affixed.
+
+[SEAL.]
+
+Done at the city of Washington, the 25th day of December, A.D. 1868, and
+of the Independence of the United States of America the ninety-third.
+
+ANDREW JOHNSON.
+
+By the President:
+ F.W. SEWARD,
+ _Acting Secretary of State_.
+
+
+
+
+IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+
+
+On the 24th of February, 1868, the House of Representatives of the
+Congress of the United States resolved to impeach Andrew Johnson,
+President of the United States, of high crimes and misdemeanors, of
+which the Senate was apprised, and arrangements were made for the trial.
+On the 2d and 3d of March articles of impeachment were agreed upon by
+the House of Representatives, and on the 4th they were presented to the
+Senate by the managers on the part of the House, Mr. John A. Bingham,
+Mr. George S. Boutwell, Mr. James F. Wilson, Mr. Benjamin F. Butler, Mr.
+Thomas Williams, Mr. John A. Logan, and Mr. Thaddeus Stevens, who were
+accompanied by the House as a Committee of the Whole. The articles are
+as follows:
+
+
+IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, _March 2, 1868_.
+
+ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,
+IN THE NAME OF THEMSELVES AND ALL THE PEOPLE OF THE UNITED STATES,
+AGAINST ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, IN MAINTENANCE
+AND SUPPORT OF THEIR IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND
+MISDEMEANORS IN OFFICE.
+
+
+ARTICLE I. That said Andrew Johnson, President of the United States,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, unmindful of the high duties of his office, of his oath
+of office, and of the requirement of the Constitution that he should
+take care that the laws be faithfully executed, did unlawfully and in
+violation of the Constitution and laws of the United States issue an
+order in writing for the removal of Edwin M. Stanton from the office
+of Secretary for the Department of War, said Edwin M. Stanton having
+been theretofore duly appointed and commissioned, by and with the advice
+and consent of the Senate of the United States, as such Secretary;
+and said Andrew Johnson, President of the United States, on the 12th
+day of August, A.D. 1867, and during the recess of said Senate, having
+suspended by his order Edwin M. Stanton from said office, and within
+twenty days after the first day of the next meeting of said Senate--that
+is to say, on the 12th day of December, in the year last aforesaid--having
+reported to said Senate such suspension, with the evidence and reasons
+for his action in the case and the name of the person designated to
+perform the duties of such office temporarily until the next meeting of
+the Senate; and said Senate thereafterwards, on the 13th day of January,
+A.D. 1868, having duly considered the evidence and reasons reported by
+said Andrew Johnson for said suspension, and having refused to concur
+in said suspension, whereby and by force of the provisions of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, said Edwin M. Stanton did forthwith resume the functions
+of his office, whereof the said Andrew Johnson had then and there due
+notice; and said Edwin M. Stanton, by reason of the premises, on said
+21st day of February, being lawfully entitled to hold said office of
+Secretary for the Department of War; which said order for the removal
+of said Edwin M. Stanton is in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Hon. EDWIN M. STANTON,
+
+ _Washington, D.C._
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby removed
+ from office as Secretary for the Department of War, and your functions
+ as such will terminate upon the receipt of this communication.
+
+ You will transfer to Brevet Major-General Lorenzo Thomas,
+ Adjutant-General of the Army, who has this day been authorized and
+ empowered to act as Secretary of War _ad interim_, all records, books,
+ papers, and other public property now in your custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+which order was unlawfully issued with intent then and there to violate
+the act entitled "An act regulating the tenure of certain civil
+offices," passed March 2, 1867, and with the further intent, contrary,
+to the provisions of said act, in violation thereof, and contrary to the
+provisions of the Constitution of the United States, and without the
+advice and consent of the Senate of the United States, the said Senate
+then and there being in session, to remove said Edwin M. Stanton from
+the office of Secretary for the Department of War, the said Edwin M.
+Stanton being then and there Secretary for the Department of War, and
+being then and there in the due and lawful execution and discharge of
+the duties of said office; whereby said Andrew Johnson, President of
+the United States, did then and there commit and was guilty of a high
+misdemeanor in office.
+
+ART. II. That on said 21st day of February, A.D. 1868, at Washington, in
+the District of Columbia, said Andrew Johnson, President of the United
+States, unmindful of the high duties of his office, of his oath of
+office, and in violation of the Constitution of the United States, and
+contrary to the provisions of an act entitled "An act regulating the
+tenure of certain civil offices," passed March 2, 1867, without the
+advice and consent of the Senate of the United States, said Senate then
+and there being in session, and without authority of law, did, with
+intent to violate the Constitution of the United States and the act
+aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority
+in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+then and there being no vacancy in said office of Secretary for the
+Department of War; whereby said Andrew Johnson, President of the United
+States, did then and there commit and was guilty of a high misdemeanor
+in office.
+
+ART. III. That said Andrew Johnson, President of the United States, on
+the 21st day of February, A.D. 1868, at Washington, in the District of
+Columbia, did commit and was guilty of a high misdemeanor in office in
+this, that without authority of law, while the Senate of the United
+States was then and there in session, he did appoint one Lorenzo Thomas
+to be Secretary for the Department of War _ad interim_, without the
+advice and consent of the Senate, and with intent to violate the
+Constitution of the United States, no vacancy having happened in said
+office of Secretary for the Department of War during the recess of the
+Senate, and no vacancy existing in said office at the time, and which
+said appointment, so made by said Andrew Johnson, of said Lorenzo
+Thomas, is in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+ART. IV. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and his oath of office, in
+violation of the Constitution and laws of the United States, on the 21st
+day of February, A.D. 1868, at Washington, in the District of Columbia,
+did unlawfully conspire with one Lorenzo Thomas, and with other persons
+to the House of Representatives unknown, with intent, by intimidation
+and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and
+there the Secretary for the Department of War, duly appointed under the
+laws of the United States, from holding said office of Secretary for the
+Department of War, contrary to and in violation of the Constitution of
+the United States and of the provisions of an act entitled "An act to
+define and punish certain conspiracies," approved July 31, 1861; whereby
+said Andrew Johnson, President of the United States, did then and there
+commit and was guilty of a high crime in office.
+
+ART. V. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+on the 21st day of February, A.D. 1868, and on divers other days and
+times in said year before the 2d day of March, A.D. 1868, at Washington,
+in the District of Columbia, did unlawfully conspire with one Lorenzo
+Thomas, and with other persons to the House of Representatives unknown,
+to prevent and hinder the execution of an act entitled "An act
+regulating the tenure of certain civil offices," passed March 2, 1867,
+and in pursuance of said conspiracy did unlawfully attempt to prevent
+Edwin M. Stanton, then and there being Secretary for the Department
+of War, duly appointed and commissioned under the laws of the United
+States, from holding said office; whereby the said Andrew Johnson,
+President of the United States, did then and there commit and was guilty
+of a high misdemeanor in office.
+
+ART. VI. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, did unlawfully conspire with one Lorenzo Thomas by force
+to seize, take, and possess the property of the United States in the
+Department of War, and then and there in the custody and charge of Edwin
+M. Stanton, Secretary for said Department, contrary to the provisions
+of an act entitled "An act to define and punish certain conspiracies,"
+approved July 31, 1861, and with intent to violate and disregard an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867; whereby said Andrew Johnson, President of the United
+States, did then and there commit a high crime in office.
+
+ART. VII. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office, on
+the 21st day of February, A.D. 1868, at Washington, in the District of
+Columbia, did unlawfully conspire with one Lorenzo Thomas with intent
+unlawfully to seize, take, and possess the property of the United States
+in the Department of War, in the custody and charge of Edwin M. Stanton,
+Secretary for said Department, with intent to violate and disregard the
+act entitled "An act regulating the tenure of certain civil offices,"
+passed March 2, 1867; whereby said Andrew Johnson, President of the
+United States, did then and there commit a high misdemeanor in office.
+
+ART. VIII. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+with intent unlawfully to control the disbursement of the moneys
+appropriated for the military service and for the Department of War,
+on the 21st day of February, A.D. 1868, at Washington, in the District
+of Columbia, did unlawfully, and contrary to the provisions of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, and in violation of the Constitution of the United
+States, and without the advice and consent of the Senate of the United
+States, and while the Senate was then and there in session, there being
+no vacancy in the office of Secretary for the Department of War, and
+with intent to violate and disregard the act aforesaid, then and there
+issue and deliver to one Lorenzo Thomas a letter of authority, in
+writing, in substance as follows; that is to say:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, D.C., February 21, 1868_.
+
+ Brevet Major-General LORENZO THOMAS,
+
+ _Adjutant-General United States Army, Washington, D.C._
+
+ SIR: The Hon. Edwin M. Stanton having been this day removed from office
+ as Secretary for the Department of War, you are hereby authorized and
+ empowered to act as Secretary of War _ad interim_, and will immediately
+ enter upon the discharge of the duties pertaining to that office.
+
+ Mr. Stanton has been instructed to transfer to you all the records,
+ books, papers, and other public property now in his custody and charge.
+
+ Respectfully, yours,
+
+ ANDREW JOHNSON.
+
+
+whereby said Andrew Johnson, President of the United States, did then
+and there commit and was guilty of a high misdemeanor in office.
+
+ART. IX. That said Andrew Johnson, President of the United States, on
+the 22d day of February, A.D. 1868, at Washington, in the District of
+Columbia, in disregard of the Constitution and the laws of the United
+States duly enacted, as Commander in Chief of the Army of the United
+States, did bring before himself then and there William H. Emory, a
+major-general by brevet in the Army of the United States, actually in
+command of the Department of Washington and the military forces thereof,
+and did then and there, as such Commander in Chief, declare to and
+instruct said Emory that part of a law of the United States, passed
+March 2, 1867, entitled "An act making appropriations for the support
+of the Army for the year ending June 30, 1868, and for other purposes,"
+especially the second section thereof, which provides, among other
+things, that "all orders and instructions relating to military
+operations issued by the President or Secretary of War shall be issued
+through the General of the Army, and in case of his inability through
+the next in rank," was unconstitutional and in contravention of the
+commission of said Emory, and which said provision of law had been
+theretofore duly and legally promulgated by general order for the
+government and direction of the Army of the United States, as the said
+Andrew Johnson then and there well knew, with intent thereby to induce
+said Emory, in his official capacity as commander of the Department of
+Washington, to violate the provisions of said act and to take and
+receive, act upon, and obey such orders as he, the said Andrew Johnson,
+might make and give, and which should not be issued through the General
+of the Army of the United States, according to the provisions of said
+act, and with the further intent thereby to enable him, the said Andrew
+Johnson, to prevent the execution of the act entitled "An act regulating
+the tenure of certain civil offices," passed March 2, 1867, and to
+unlawfully prevent Edwin M. Stanton, then being Secretary for the
+Department of War, from holding said office and discharging the duties
+thereof; whereby said "Andrew Johnson, President of the United States"
+did then and there commit and was guilty of a high misdemeanor in
+office.
+
+And the House of Representatives, by protestation, saving to themselves
+the liberty of exhibiting at any time hereafter any further articles
+or other accusation or impeachment against the said Andrew Johnson,
+President of the United States, and also of replying to his answers
+which he shall make unto the articles herein preferred against him, and
+of offering proof to the same, and every part thereof, and to all and
+every other article, accusation, or impeachment which shall be exhibited
+by them, as the case shall require, _do demand_ that the said Andrew
+Johnson may be put to answer the high crimes and misdemeanors in office
+herein charged against him, and that such proceedings, examinations,
+trials, and judgments may be thereupon had and given as may be agreeable
+to law and justice.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+Attest:
+
+EDWARD McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+
+IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, _March 3, 1868_.
+
+The following additional articles of impeachment were agreed to, viz:
+
+ART. X. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and the dignity and
+proprieties thereof, and of the harmony and courtesies which ought to
+exist and be maintained between the executive and legislative branches
+of the Government of the United States, designing and intending to
+set aside the rightful authority and powers of Congress, did attempt
+to bring into disgrace, ridicule, hatred, contempt, and reproach the
+Congress of the United States and the several branches thereof, to
+impair and destroy the regard and respect of all the good people of
+the United States for the Congress and legislative power thereof (which
+all officers of the Government ought inviolably to preserve and
+maintain), and to excite the odium and resentment of all the good
+people of the United States against Congress and the laws by it duly and
+constitutionally enacted; and, in pursuance of his design and intent,
+openly and publicly, and before divers assemblages of the citizens of
+the United States, convened in divers parts thereof to meet and receive
+said Andrew Johnson as the Chief Magistrate of the United States, did,
+on the 18th day of August, A.D. 1866, and on divers other days and
+times, as well before as afterwards, make and deliver with a loud voice
+certain intemperate, inflammatory, and scandalous harangues, and did
+therein utter loud threats and bitter menaces, as well against Congress
+as the laws of the United States, duly enacted thereby, amid the cries,
+jeers, and laughter of the multitudes then assembled and in hearing,
+which are set forth in the several specifications hereinafter written
+in substance and effect; that is to say:
+
+_Specification first_.--In this, that at Washington, in the District of
+Columbia, in the Executive Mansion, to a committee of citizens who
+called upon the President of the United States, speaking of and
+concerning the Congress of the United States, said Andrew Johnson,
+President of the United States, heretofore, to wit, on the 18th day of
+August, A.D. 1866, did in a loud voice declare in substance and effect,
+among other things; that is to say:
+
+ So far as the executive department of the Government is concerned, the
+ effort has been made to restore the Union, to heal the breach, to pour
+ oil into the wounds which were consequent upon the struggle, and (to
+ speak in common phrase) to prepare, as the learned and wise physician
+ would, a plaster healing in character and coextensive with the wound.
+ We thought and we think that we had partially succeeded; but as the work
+ progresses, as reconstruction seemed to be taking place and the country
+ was becoming reunited, we found a disturbing and marring element
+ opposing us. In alluding to that element I shall go no further than your
+ convention and the distinguished gentleman who has delivered to me the
+ report of its proceedings. I shall make no reference to it that I do not
+ believe the time and the occasion justify.
+
+ We have witnessed in one department of the Government every endeavor
+ to prevent the restoration of peace, harmony, and union. We have seen
+ hanging upon the verge of the Government, as it were, a body called, or
+ which assumes to be, the Congress of the United States, while in fact it
+ is a Congress of only a part of the States. We have seen this Congress
+ pretend to be for the Union, when its every step and act tended to
+ perpetuate disunion and make a disruption of the States inevitable.
+ * * * We have seen Congress gradually encroach, step by step, upon
+ constitutional rights, and violate, day after day and month after month,
+ fundamental principles of the Government. We have seen a Congress that
+ seemed to forget that there was a limit to the sphere and scope of
+ legislation. We have seen a Congress in a minority assume to exercise
+ power which, allowed to be consummated, would result in despotism or
+ monarchy itself.
+
+_Specification second_.--In this, that at Cleveland, in the State
+of Ohio, heretofore, to wit, on the 3d day of September, A.D. 1866,
+before a public assemblage of citizens and others, said Andrew Johnson,
+President of the United States, speaking of and concerning the Congress
+of the United States, did in a loud voice declare in substance and
+effect, among other things; that is to say:
+
+ I will tell you what I did do. I called upon your Congress that is
+ trying to break up the Government.
+
+ In conclusion, besides that, Congress had taken much pains to poison
+ their constituents against him. But what had Congress done? Have they
+ done anything to restore the Union of these States? No. On the contrary,
+ they have done everything to prevent it. And because he stood now where
+ he did when the rebellion commenced, he had been denounced as a traitor.
+ Who had run greater risks or made greater sacrifices than himself? But
+ Congress, factious and domineering, had undertaken to poison the minds
+ of the American people.
+
+_Specification third_.--In this, that at St. Louis, in the State of
+Missouri, heretofore, to wit, on the 8th day of September, A.D. 1866,
+before a public assemblage of citizens and others, said Andrew Johnson,
+President of the United States, speaking of and concerning the Congress
+of the United States, did in a loud voice declare in substance and
+effect, among other things; that is to say:
+
+ Go on. Perhaps if you had a word or two on the subject of New Orleans
+ you might understand more about it than you do. And if you will go
+ back--if you will go back and ascertain the cause of the riot at New
+ Orleans, perhaps you will not be so prompt in calling out "New Orleans."
+ If you will take up the riot at New Orleans and trace it back to its
+ source or its immediate cause, you will find out who was responsible
+ for the blood that was shed there. If you will take up the riot at New
+ Orleans and trace it back to the Radical Congress, you will find that
+ the riot at New Orleans was substantially planned. If you will take up
+ the proceedings in their caucuses, you will understand that they there
+ knew that a convention was to be called which was extinct by its power
+ having expired; that it was said that the intention was that a new
+ government was to be organized, and on the organization of that
+ government the intention was to enfranchise one portion of the
+ population, called the colored population, who had just been
+ emancipated, and at the same time disfranchise white men. When you
+ design to talk about New Orleans, you ought to understand what you are
+ talking about. When you read the speeches that were made and take up
+ the facts on the Friday and Saturday before that convention sat, you
+ will there find that speeches were made, incendiary in their character,
+ exciting that portion of the population--the black population--to arm
+ themselves and prepare for the shedding of blood. You will also find
+ that that convention did assemble, in violation of law, and the
+ intention of that convention was to supersede the reorganized
+ authorities in the State government of Louisiana, which had been
+ recognized by the Government of the United States; and every man engaged
+ in that rebellion in that convention, with the intention of superseding
+ and upturning the civil government which had been recognized by the
+ Government of the United States, I say that he was a traitor to the
+ Constitution of the United States; and hence you find that another
+ rebellion was commenced, _having its origin in the Radical Congress_.
+
+ * * * * *
+
+ So much for the New Orleans riot. And there was the cause and the origin
+ of the blood that was shed; and every drop of blood that was shed is
+ upon their skirts, and they are responsible for it. I could test this
+ thing a little closer, but will not do it here to-night. But when you
+ talk about the causes and consequences that resulted from proceedings
+ of that kind, perhaps, as I have been introduced here, and you have
+ provoked questions of this kind--though it does not provoke me--I will
+ tell you a few wholesome things that have been done by this Radical
+ Congress in connection with New Orleans and the extension of the
+ elective franchise.
+
+ I know that I have been traduced and abused. I know it has come in
+ advance of me, here as elsewhere, that I have attempted to exercise an
+ arbitrary power in resisting laws that were intended to be forced upon
+ the Government; that I had exercised that power; that I had abandoned
+ the party that elected me, and that I was a traitor, because I exercised
+ the veto power in attempting and did arrest for a time a bill that was
+ called a "Freedmen's Bureau" bill; yes, that I was a traitor. And I have
+ been traduced, I have been slandered, I have been maligned, I have been
+ called Judas Iscariot and all that. Now, my countrymen, here to-night,
+ it is very easy to indulge in epithets; it is easy to call a man a Judas
+ and cry out "traitor;" but when he is called upon to give arguments and
+ facts he is very often found wanting. Judas Iscariot--Judas. There was
+ a Judas, and he was one of the twelve apostles. Oh, yes; the twelve
+ apostles had a Christ. The twelve apostles had a Christ, and he never
+ could have had a Judas unless he had had twelve apostles. If I have
+ played the Judas, who has been my Christ that I have played the Judas
+ with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles
+ Sumner? These are the men that stop and compare themselves with the
+ Savior, and everybody that differs with them in opinion, and to try
+ to stay and arrest their diabolical and nefarious policy, is to be
+ denounced as a Judas.
+
+ * * * * *
+
+ Well, let me say to you, if you will stand by me in this action, if you
+ will stand by me in trying to give the people a fair chance--soldiers
+ and citizens--to participate in these offices, God being willing I will
+ kick them out. I will kick them out just as fast as I can.
+
+ Let me say to you in concluding that what I have said I intended to say.
+ I was not provoked into this, and I care not for their menaces, the
+ taunts and the jeers. I care not for threats. I do not intend to be
+ bullied by my enemies nor overawed by my friends. But, God willing, with
+ your help I will veto their measures whenever any of them come to me.
+
+
+which said utterances, declarations, threats, and harangues, highly
+censurable in any, are peculiarly indecent and unbecoming in the Chief
+Magistrate of the United States, by means whereof said Andrew Johnson
+has brought the high office of the President of the United States into
+contempt, ridicule, and disgrace, to the great scandal of all good
+citizens; whereby said Andrew Johnson, President of the United States,
+did commit and was then and there guilty of a high misdemeanor in
+office.
+
+ART. XI. That said Andrew Johnson, President of the United States,
+unmindful of the high duties of his office and of his oath of office,
+and in disregard of the Constitution and laws of the United States, did
+heretofore, to wit, on the 18th day of August, A.D. 1866, at the city of
+Washington, in the District of Columbia, by public speech, declare and
+affirm in substance that the Thirty-ninth Congress of the United States
+was not a Congress of the United States authorized by the Constitution
+to exercise legislative power under the same, but, on the contrary, was
+a Congress of only part of the States; thereby denying and intending to
+deny that the legislation of said Congress was valid or obligatory upon
+him, the said Andrew Johnson, except in so far as he saw fit to approve
+the same, and also thereby denying and intending to deny the power of
+the said Thirty-ninth Congress to propose amendments to the Constitution
+of the United States; and in pursuance of said declaration the said
+Andrew Johnson, President of the United States, afterwards, to wit,
+on the 21st day of February, A.D. 1868, at the city of Washington,
+in the District of Columbia, did unlawfully, and in disregard of the
+requirement of the Constitution that he should take care that the laws
+be faithfully executed, attempt to prevent the execution of an act
+entitled "An act regulating the tenure of certain civil offices," passed
+March 2, 1867, by unlawfully devising and contriving, and attempting to
+devise and contrive, means by which he should prevent Edwin M. Stanton
+from forthwith resuming the functions of the office of Secretary for the
+Department of War, notwithstanding the refusal of the Senate to concur
+in the suspension theretofore made by said Andrew Johnson of said Edwin
+M. Stanton from said office of Secretary for the Department of War, and
+also by further unlawfully devising and contriving, and attempting to
+devise and contrive, means then and there to prevent the execution of
+an act entitled "An act making appropriations for the support of the
+Army for the fiscal year ending June 30, 1868 and for other purposes,"
+approved March 2, 1867, and also to prevent the execution of an act
+entitled "An act to provide for the more efficient government of the
+rebel States," passed March 2, 1867, whereby the said Andrew Johnson,
+President of the United States, did then, to wit, on the 21st day of
+February, A.D. 1868, at the city of Washington, commit and was guilty
+of a high misdemeanor in office.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+Attest:
+
+EDWARD McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+
+IN THE SENATE, _March 4, 1868_.
+
+The President _pro tempore_ laid before the Senate the following letter
+from the Hon. Salmon P. Chase, Chief Justice of the Supreme Court of the
+United States:
+
+
+WASHINGTON, _March 4, 1868_.
+
+_To the Senate of the United States_:
+
+Inasmuch as the sole power to try impeachments is vested by the
+Constitution in the Senate, and it is made the duty of the Chief Justice
+to preside when the President is on trial, I take the liberty of
+submitting, very respectfully, some observations in respect to the
+proper mode of proceeding upon the impeachment which has been preferred
+by the House of Representatives against the President now in office.
+
+That when the Senate sits for the trial of an impeachment it sits as a
+court seems unquestionable.
+
+That for the trial of an impeachment of the President this court must be
+constituted of the members of the Senate, with the Chief Justice
+presiding, seems equally unquestionable.
+
+The Federalist is regarded as the highest contemporary authority on the
+construction of the Constitution, and in the sixty-fourth number the
+functions of the Senate "sitting in their judicial capacity as a court
+for the trial of impeachments" are examined.
+
+In a paragraph explaining the reasons for not uniting "the Supreme Court
+with the Senate in the formation of the court of impeachments" it is
+observed that--
+
+ To a certain extent the benefits of that union will be obtained from
+ making the Chief Justice of the Supreme Court the president of the court
+ of impeachments, as is proposed by the plan of the Convention, while the
+ inconveniences of an entire incorporation of the former into the latter
+ will be substantially avoided. This was, perhaps, the prudent mean.
+
+This authority seems to leave no doubt upon either of the propositions
+just stated; and the statement of them will serve to introduce the
+question upon which I think it my duty to state the result of my
+reflections to the Senate, namely, At what period, in the case of
+an impeachment of the President, should the court of impeachment be
+organized under oath, as directed by the Constitution?
+
+It will readily suggest itself to anyone who reflects upon the abilities
+and the learning in the law which distinguish so many Senators that
+besides the reason assigned in the Federalist there must have been still
+another for the provision requiring the Chief Justice to preside in the
+court of impeachment. Under the Constitution, in case of a vacancy in
+the office of President, the Vice-President succeeds, and it was
+doubtless thought prudent and befitting that the next in succession
+should not preside in a proceeding through which a vacancy might be
+created.
+
+It is not doubted that the Senate, while sitting in its ordinary
+capacity, must necessarily receive from the House of Representatives
+some notice of its intention to impeach the President at its bar,
+but it does not seem to me an unwarranted opinion, in view of this
+constitutional provision, that the organization of the Senate as
+a court of impeachment, under the Constitution, should precede the
+actual announcement of the impeachment on the part of the House.
+
+And it may perhaps be thought a still less unwarranted opinion that
+articles of impeachment should only be presented to a court of
+impeachment; that no summons or other process should issue except
+from the organized court, and that rules for the government of the
+proceedings of such a court should be framed only by the court itself.
+
+I have found myself unable to come to any other conclusions than these.
+I can assign no reason for requiring the Senate to organize as a court
+under any other than its ordinary presiding officer for the latter
+proceedings upon an impeachment of the President which does not seem
+to me to apply equally to the earlier.
+
+I am informed that the Senate has proceeded upon other views, and it is
+not my purpose to contest what its superior wisdom may have directed.
+
+All good citizens will fervently pray that no occasion may ever arise
+when the grave proceedings now in progress will be cited as a precedent;
+but it is not impossible that such an occasion may come.
+
+Inasmuch, therefore, as the Constitution has charged the Chief Justice
+with an important function in the trial of an impeachment of the
+President, it has seemed to me fitting and obligatory, where he is
+unable to concur in the views of the Senate concerning matters essential
+to the trial, that his respectful dissent should appear.
+
+S.P. CHASE,
+
+_Chief Justice of the United States_.
+
+
+
+
+PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF THE IMPEACHMENT
+OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
+
+
+
+THURSDAY, MARCH 5, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice of the United States entered the Senate Chamber and
+was conducted to the chair by the committee appointed by the Senate for
+that purpose.
+
+The following oath was administered to the Chief Justice by Associate
+Justice Nelson, and by the Chief Justice to the members of the Senate:
+
+I do solemnly swear that in all things appertaining to the trial of
+the impeachment of Andrew Johnson, President of the United States, now
+pending, I will do impartial justice according to the Constitution and
+laws. So help me God.
+
+
+
+FRIDAY, MARCH 6, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+To accord with the conviction of the Chief Justice[76] that the court
+should adopt its own rules, those adopted on March 2 by the Senate
+sitting in its legislative capacity were readopted by the Senate sitting
+as a court of impeachment. The rules are as follows:
+
+[Footnote 76: See letter from the Chief Justice, pp. 718-720.]
+
+
+RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL
+OF IMPEACHMENTS.
+
+I. Whensoever the Senate shall receive notice from the House of
+Representatives that managers are appointed on their part to conduct an
+impeachment against any person, and are directed to carry articles of
+impeachment to the Senate, the Secretary of the Senate shall immediately
+inform the House of Representatives that the Senate is ready to receive
+the managers for the purpose of exhibiting such articles of impeachment
+agreeably to said notice.
+
+II. When the managers of an impeachment shall be introduced at the bar
+of the Senate and shall signify that they are ready to exhibit articles
+of impeachment against any person, the Presiding Officer of the Senate
+shall direct the Sergeant-at-Arms to make proclamation, who shall, after
+making proclamation, repeat the following words, viz:
+
+ All persons are commanded to keep silence, on pain of imprisonment,
+ while the House of Representatives is exhibiting to the Senate of the
+ United States articles of impeachment against -------- --------.
+
+after which the articles shall be exhibited; and then the Presiding
+Officer of the Senate shall inform the managers that the Senate will
+take proper order on the subject of the impeachment, of which due notice
+shall be given to the House of Representatives.
+
+III. Upon such articles being presented to the Senate, the Senate shall,
+at 1 o'clock afternoon of the day (Sunday excepted) following such
+presentation, or sooner if so ordered by the Senate, proceed to the
+consideration of such articles, and shall continue in session from day
+to day (Sundays excepted) after the trial shall commence (unless
+otherwise ordered by the Senate) until final judgment shall be rendered,
+and so much longer as may in its judgment be needful. Before proceeding
+to the consideration of the articles of impeachment the Presiding
+Officer shall administer the oath hereinafter provided to the members of
+the Senate then present, and to the other members of the Senate as they
+shall appear, whose duty it shall be to take the same.
+
+IV. When the President of the United States, or the Vice-President
+of the United States upon whom the powers and duties of the office of
+President shall have devolved, shall be impeached, the Chief Justice
+of the Supreme Court of the United States shall preside; and in a case
+requiring the said Chief Justice to preside notice shall be given to him
+by the Presiding Officer of the Senate of the time and place fixed for
+the consideration of the articles of impeachment as aforesaid, with a
+request to attend; and the said Chief Justice shall preside over the
+Senate during the consideration of said articles and upon the trial
+of the person impeached therein.
+
+V. The Presiding Officer shall have power to make and issue, by himself
+or by the Secretary of the Senate, all orders, mandates, writs, and
+precepts authorized by these rules or by the Senate, and to make and
+enforce such other regulations and orders in the premises as the Senate
+may authorize or provide.
+
+VI. The Senate shall have power to compel the attendance of witnesses,
+to enforce obedience to its orders, mandates, writs, precepts, and
+judgments, to preserve order, and to punish in a summary way contempts
+of and disobedience to its authority, orders, mandates, writs, precepts,
+or judgments, and to make all lawful orders, rules, and regulations
+which it may deem essential or conducive to the ends of justice; and the
+Sergeant-at-Arms, under the direction of the Senate, may employ such aid
+and assistance as may be necessary to enforce, execute, and carry into
+effect the lawful orders, mandates, writs, and precepts of the Senate.
+
+VII. The Presiding Officer of the Senate shall direct all necessary
+preparations in the Senate Chamber, and the presiding officer upon the
+trial shall direct all the forms of proceeding while the Senate are
+sitting for the purpose of trying an impeachment and all forms during
+the trial not otherwise specially provided for. The presiding officer
+may, in the first instance, submit to the Senate, without a division,
+all questions of evidence and incidental questions; but the same shall,
+on the demand of one-fifth of the members present, be decided by yeas
+and nays.
+
+VIII. Upon the presentation of articles of impeachment and the
+organization of the Senate as hereinbefore provided, a writ of summons
+shall issue to the accused, reciting said articles and notifying him to
+appear before the Senate upon a day and at a place to be fixed by the
+Senate, and named in such writ, and file his answer to said articles of
+impeachment, and to stand to and abide the orders and judgments of the
+Senate thereon, which writ shall be served by such officer or person as
+shall be named in the precept thereof such number of days prior to the
+day fixed for such appearance as shall be named in such precept, either
+by the delivery of an attested copy thereof to the person accused or,
+if that can not conveniently be done, by leaving such copy at the last
+known place of abode of such person or at his usual place of business,
+in some conspicuous place therein; or, if such service shall be, in the
+judgment of the Senate, impracticable, notice to the accused to appear
+shall be given in such other manner, by publication or otherwise, as
+shall be deemed just; and if the writ aforesaid shall fail of service
+in the manner aforesaid, the proceedings shall not thereby abate, but
+further service may be made in such manner as the Senate shall direct.
+If the accused, after service, shall fail to appear, either in person or
+by attorney, on the day so fixed therefor as aforesaid, or, appearing,
+shall fail to file his answer to such articles of impeachment, the trial
+shall proceed, nevertheless, as upon a plea of not guilty. If a plea of
+guilty shall be entered, judgment may be entered thereon without further
+proceedings.
+
+IX. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+return of the summons against the person impeached the legislative and
+executive business of the Senate shall be suspended and the Secretary of
+the Senate shall administer an oath to the returning officer in the form
+following, viz:
+
+ I, -------- --------, do solemnly swear that the return made by me
+ upon the process issued on the ---- day of ---- by the Senate of the
+ United States against -------- -------- is truly made, and that I have
+ performed such service as herein described.
+
+ So help me God.
+
+which oath shall be entered at large on the records.
+
+X. The person impeached shall then be called to appear and answer the
+articles of impeachment against him. If he appear, or any person for
+him, the appearance shall be recorded, stating particularly if by
+himself or by agent or attorney, naming the person appearing and the
+capacity in which he appears, If he do not appear, either personally
+or by agent or attorney, the same shall be recorded.
+
+XI. At 12 o'clock and 30 minutes afternoon of the day appointed for the
+trial of an impeachment the legislative and executive business of the
+Senate shall be suspended and the Secretary shall give notice to the
+House of Representatives that the Senate is ready to proceed upon the
+impeachment of -------- --------, in the Senate Chamber, which chamber
+is prepared with accommodations for the reception of the House of
+Representatives.
+
+XII. The hour of the day at which the Senate shall sit upon the trial of
+an impeachment shall be (unless otherwise ordered) 12 o'clock m., and
+when the hour for such sitting shall arrive the Presiding Officer of the
+Senate shall so announce; and thereupon the presiding officer upon such
+trial shall cause proclamation to be made, and the business of the trial
+shall proceed. The adjournment of the Senate sitting in said trial shall
+not operate as an adjournment of the Senate, but on such adjournment the
+Senate shall resume the consideration of its legislative and executive
+business.
+
+XIII. The Secretary of the Senate shall record the proceedings in cases
+of impeachment as in the case of legislative proceedings, and the same
+shall be reported in the same manner as the legislative proceedings of
+the Senate.
+
+XIV. Counsel for the parties shall be admitted to appear and be heard
+upon an impeachment.
+
+XV. All motions made by the parties or their counsel shall be addressed
+to the presiding officer, and if he or any Senator shall require it they
+shall be committed to writing and read at the Secretary's table.
+
+XVI. Witnesses shall be examined by one person on behalf of the party
+producing them and then cross-examined by one person on the other side.
+
+XVII. If a Senator is called as a witness, he shall be sworn and give
+his testimony standing in his place.
+
+XVIII. If a Senator wishes a question to be put to a witness, or to
+offer a motion or order (except a motion to adjourn), it shall be
+reduced to writing and put by the presiding officer.
+
+XIX. At all times while the Senate is sitting upon the trial of an
+impeachment the doors of the Senate shall be kept open, unless the
+Senate shall direct the doors to be closed while deliberating upon
+its decisions.
+
+XX. All preliminary or interlocutory questions and all motions shall be
+argued for not exceeding one hour on each side, unless the Senate shall
+by order extend the time.
+
+XXI. The case on each side shall be opened by one person. The final
+argument on the merits may be made by two persons on each side (unless
+otherwise ordered by the Senate, upon application for that purpose),
+and the argument shall be opened and closed on the part of the House
+of Representatives.
+
+XXII. On the final question whether the impeachment is sustained the
+yeas and nays shall be taken on each article of impeachment separately,
+and if the impeachment shall not, upon any of the articles presented, be
+sustained by the votes of two-thirds of the members present a judgment
+of acquittal shall be entered; but if the person accused in such
+articles of impeachment shall be convicted upon any of said articles by
+the votes of two-thirds of the members present the Senate shall proceed
+to pronounce judgment, and a certified copy of such judgment shall be
+deposited in the office of the Secretary of State.
+
+XXIII. All the orders and decisions shall be made and had by yeas and
+nays, which shall be entered on the record, and without debate, except
+when the doors shall be closed for deliberation, and in that case no
+member shall speak more than once on one question, and for not more than
+ten minutes on an interlocutory question, and for not more than fifteen
+minutes on the final question, unless by consent of the Senate, to be
+had without debate; but a motion to adjourn may be decided without the
+yeas and nays, unless they be demanded by one-fifth of the members
+present.
+
+XXIV. Witnesses shall be sworn in the following form, viz:
+
+ You, -------- --------, do swear (or affirm, as the case maybe) that
+ the evidence you shall give in the case now depending between the
+ United States and -------- -------- shall be the truth, the whole
+ truth, and nothing but the truth. So help you God.
+
+which oath shall be administered by the Secretary or any other duly
+authorized person.
+
+
+Form of subpoena to be issued on the application of the managers of
+the impeachment, or of the party impeached, or of his counsel:
+
+ _To_ -------- --------; _greeting_:
+
+ You and each of you are hereby commanded to appear before the Senate of
+ the United States on the ---- day of ----, at the Senate Chamber, in
+ the city of Washington, then and there to testify your knowledge in the
+ cause which is before the Senate in which the House of Representatives
+ have impeached -------- --------.
+
+ Fail not.
+
+ Witness -------- --------, and Presiding Officer of the Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+Form of direction for the service of said subpoena:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ You are hereby commanded to serve and return the within subpoena
+ according to law.
+
+ Dated at Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+ _Secretary of the Senate_.
+
+
+Form of oath to be administered to the members of the Senate sitting in
+the trial of impeachments:
+
+ I solemnly swear (or affirm, as the case may be) that in all things
+ appertaining to the trial of the impeachment of -------- --------, now
+ pending, I will do impartial justice according to the Constitution and
+ laws. So help me God.
+
+
+Form of summons to be issued and served upon the person impeached.
+
+
+ THE UNITED STATES OF AMERICA, _ss_:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ Whereas the House of Representatives of the United States of America did
+ on the ---- day of ---- exhibit to the Senate articles of impeachment
+ against you, the said -------- --------, in the words following:
+
+ [Here insert the articles.]
+
+ And demand that you, the said -------- --------, should be put to
+ answer the accusations as set forth in said articles, and that such
+ proceedings, examinations, trials, and judgments might be thereupon
+ had as are agreeable to law and justice:
+
+ You, the said -------- --------, are therefore hereby summoned to be
+ and appear before the Senate of the United States of America, at their
+ chamber, in the city of Washington, on the ---- day of ----, at 12
+ o'clock and 30 minutes afternoon, then and there to answer to the said
+ articles of impeachment, and then and there to abide by, obey, and
+ perform such orders, directions, and judgments as the Senate of the
+ United States shall make in the premises, according to the Constitution
+ and laws of the United States.
+
+ Hereof you are not to fail.
+
+ Witness -------- --------, and Presiding Officer of the said Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+Form of precept to be indorsed on said writ of summons:
+
+
+ THE UNITED STATES OF AMERICA, _ss_:
+
+ _The Senate of the United States to_ -------- --------, _greeting_:
+
+ You are hereby commanded to deliver to and leave with -------- --------,
+ if conveniently to be found, or, if not, to leave at his usual place of
+ abode or at his usual place of business, in some conspicuous place, a
+ true and attested copy of the within writ of summons, together with a
+ like copy of this precept; and in whichsoever way you perform the
+ service, let it be done at least ---- days before the appearance day
+ mentioned in said writ of summons.
+
+ Fail not, and make return of this writ of summons and precept, with your
+ proceedings thereon indorsed, on or before the appearance day mentioned
+ in the said writ of summons.
+
+ Witness -------- --------, and Presiding Officer of the Senate, at
+ the city of Washington, this ---- day of ----, A.D. ----, and of the
+ Independence of the United States the ------.
+
+
+All process shall be served by the Sergeant-at-Arms of the Senate unless
+otherwise ordered by the court.
+
+XXV. If the Senate shall at any time fail to sit for the consideration
+of articles of impeachment on the day or hour fixed therefor, the Senate
+may by an order, to be adopted without debate, fix a day and hour for
+resuming such consideration.
+
+On March 31 Rule VII was amended to read as follows:
+
+VII. The Presiding Officer of the Senate shall direct all necessary
+preparations in the Senate Chamber, and the presiding officer on the
+trial shall direct all the forms of proceeding while the Senate are
+sitting for the purpose of trying an impeachment, and all forms during
+the trial not otherwise specially provided for, and the presiding
+officer on the trial may rule all questions of evidence and incidental
+questions, which ruling shall stand as the judgment of the Senate,
+unless some member of the Senate shall ask that a formal vote be taken
+thereon, in which case it shall be submitted to the Senate for decision;
+or he may, at his option, in the first instance submit any such question
+to a vote of the members of the Senate.
+
+On April 3 Rule VII was further amended by inserting at the end thereof
+the following:
+
+Upon all such questions the vote shall be without a division, unless the
+yeas and nays be demanded by one-fifth of the members present, when the
+same shall be taken.
+
+On March 13 Rule XXIII was amended to read as follows:
+
+XXIII. All the orders and decisions shall be made and had by yeas and
+nays, which shall be entered on the record, and without debate, subject,
+however, to the operation of Rule VII, except when the doors shall be
+closed for deliberation, and in that case no member shall speak more
+than once on one question, and for not more than ten minutes on an
+interlocutory question, and for not more than fifteen minutes on the
+final question, unless by consent of the Senate, to be had without
+debate; but a motion to adjourn may be decided without the yeas and
+nays, unless they be demanded by one-fifth of the members present.
+
+On May 7 Rule XXIII was further amended by adding thereto the following:
+
+The fifteen minutes herein allowed shall be for the whole deliberation
+on the final question, and not to the final question on each article of
+impeachment.
+
+
+
+FRIDAY, MARCH 13, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+Mr. Henry Stanbery, in behalf of Andrew Johnson, the respondent, read
+the following paper:
+
+In the matter of the impeachment of Andrew Johnson, President of the
+United States.
+
+Mr. CHIEF JUSTICE: I, Andrew Johnson, President of the United States,
+having been served with a summons to appear before this honorable court,
+sitting as a court of impeachment, to answer certain articles of
+impeachment found and presented against me by the honorable the House
+of Representatives of the United States, do hereby enter my appearance
+by my counsel, Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black,
+William M. Evarts, and Thomas A.R. Nelson, who have my warrant and
+authority therefor, and who are instructed by me to ask of this
+honorable court a reasonable time for the preparation of my answer
+to said articles. After a careful examination of the articles of
+impeachment and consultation with my counsel, I am satisfied that at
+least forty days will be necessary for the preparation of my answer,
+and I respectfully ask that it be allowed.
+
+ANDREW JOHNSON.
+
+
+
+Mr. Stanbery then submitted the following motion:
+
+In the matter of the impeachment of Andrew Johnson, President of the
+United States.
+
+Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M.
+Evarts, and Thomas A.R. Nelson, of counsel for the respondent, move the
+court for the allowance of forty days for the preparation of the answer
+to the articles of impeachment, and in support of the motion make the
+following professional statement:
+
+The articles are eleven in number, involving many questions of law
+and fact. We have during the limited time and opportunity afforded us
+considered as far as possible the field of investigation which must be
+explored in the preparation of the answer, and the conclusion at which
+we have arrived is that with the utmost diligence the time we have asked
+is reasonable and necessary.
+
+The precedents as to time for answer upon impeachments before the Senate
+to which we have had opportunity to refer are those of Judge Chase and
+Judge Peck.
+
+In the case of Judge Chase time was allowed from the 3d of January until
+the 4th of February next succeeding to put in his answer--a period of
+thirty-two days; but in this case there were only eight articles, and
+Judge Chase had been for a year cognizant of most of the articles, and
+had been himself engaged in preparing to meet them.
+
+In the case of Judge Peck there was but a single article. Judge Peck
+asked for time from the 10th to the 25th of May to put in his answer,
+and it was granted. It appears that Judge Peck had been long cognizant
+of the ground laid for his impeachment, and had been present before the
+committee of the House upon the examination of the witnesses, and had
+been permitted by the House of Representatives to present to that body
+an elaborate answer to the charges.
+
+It is apparent that the President is fairly entitled to more time than
+was allowed in either of the foregoing cases. It is proper to add that
+the respondents in these cases were lawyers, fully capable of preparing
+their own answers, and that no pressing official duties interfered with
+their attention to that business; whereas the President, not being a
+lawyer, must rely on his counsel. The charges involve his acts,
+declarations, and intentions, as to all which his counsel must be fully
+advised upon consultation with him, step by step, in the preparation of
+his defense. It is seldom that a case requires such constant
+communication between client and counsel as this, and yet such
+communication can only be had at such intervals as are allowed to the
+President from the usual hours that must be devoted to his high official
+duties.
+
+We further beg leave to suggest for the consideration of this honorable
+court that, as counsel careful as well of their own reputation as of
+the interests of their client in a case of such magnitude as this, so
+out of the ordinary range of professional experience, where so much
+responsibility is felt, they submit to the candid consideration of the
+court that they have a right to ask for themselves such opportunity to
+discharge their duty as seems to them to be absolutely necessary.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ JEREMIAH S. BLACK, \__ Per H.S.
+ WILLIAM M. EVARTS, /
+ THOMAS A.R. NELSON,
+
+_Of Counsel for the Respondent_.
+
+
+The above motion was denied, and the Senate adopted the following orders:
+
+_Ordered_, That the respondent file answer to the articles of
+impeachment on or before Monday, the 23d day of March instant.
+
+_Ordered_, That unless otherwise ordered by the Senate, for cause shown,
+the trial of the pending impeachment shall proceed immediately after
+replication shall be filed.
+
+
+
+MONDAY, MARCH 23, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The answer of the respondent to the articles of impeachment was
+submitted by his counsel, as follows:
+
+Senate of the United States, sitting as a court of impeachment for the
+trial of Andrew Johnson, President of the United States.
+
+THE ANSWER OF THE SAID ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES,
+TO THE ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+REPRESENTATIVES OF THE UNITED STATES.
+
+_Answer to Article I_.--For answer to the first article he says that
+Edwin M. Stanton was appointed Secretary for the Department of War on
+the 15th day of January, A.D. 1862, by Abraham Lincoln, then President
+of the United States, during the first term of his Presidency, and was
+commissioned, according to the Constitution and laws of the United
+States, to hold the said office during the pleasure of the President;
+that the office of Secretary for the Department of War was created by an
+act of the First Congress in its first session, passed on the 7th day of
+August, A.D. 1789, and in and by that act it was provided and enacted
+that the said Secretary for the Department of War shall perform and
+execute such duties as shall from time to time be enjoined on and
+intrusted to him by the President of the United States, agreeably to the
+Constitution, relative to the subjects within the scope of the said
+Department; and, furthermore, that the said Secretary shall conduct the
+business of the said Department in such a manner as the President of the
+United States shall from time to time order and instruct.
+
+And this respondent, further answering, says that by force of the act
+aforesaid and by reason of his appointment aforesaid the said Stanton
+became the principal officer in one of the Executive Departments of the
+Government within the true intent and meaning of the second section
+of the second article of the Constitution of the United States and
+according to the true intent and meaning of that provision of the
+Constitution of the United States; and, in accordance with the settled
+and uniform practice of each and every President of the United States,
+the said Stanton then became, and so long as he should continue to hold
+the said office of Secretary for the Department of War must continue to
+be, one of the advisers of the President of the United States, as well
+as the person intrusted to act for and represent the President in
+matters enjoined upon him or intrusted to him by the President touching
+the Department aforesaid, and for whose conduct in such capacity,
+subordinate to the President, the President is by the Constitution and
+laws of the United States made responsible.
+
+And this respondent, further answering, says he succeeded to the office
+of President of the United States upon and by reason of the death of
+Abraham Lincoln, then President of the United States, on the 15th day
+of April, 1865, and the said Stanton was then holding the said office
+of Secretary for the Department of War under and by reason of the
+appointment and commission aforesaid; and not having been removed from
+the said office by this respondent, the said Stanton continued to hold
+the same under the appointment and commission aforesaid, at the pleasure
+of the President, until the time hereinafter particularly mentioned,
+and at no time received any appointment or commission save as above
+detailed.
+
+And this respondent, further answering, says that on and prior to the
+5th day of August, A.D. 1867, this respondent, the President of the
+United States, responsible for the conduct of the Secretary for the
+Department of War, and having the constitutional right to resort to
+and rely upon the person holding that office for advice concerning
+the great and difficult public duties enjoined on the President by
+the Constitution and laws of the United States, became satisfied that
+he could not allow the said Stanton to continue to hold the office
+of Secretary for the Department of War without hazard of the public
+interest; that the relations between the said Stanton and the President
+no longer permitted the President to resort to him for advice or to be,
+in the judgment of the President, safely responsible for his conduct of
+the affairs of the Department of War, as by law required, in accordance
+with the orders and instructions of the President; and thereupon, by
+force of the Constitution and laws of the United States, which devolve
+on the President the power and the duty to control the conduct of the
+business of that Executive Department of the Government, and by reason
+of the constitutional duty of the President to take care that the laws
+be faithfully executed, this respondent did necessarily consider and did
+determine that the said Stanton ought no longer to hold the said office
+of Secretary for the Department of War. And this respondent, by virtue
+of the power and authority vested in him as President of the United
+States by the Constitution and laws of the United States, to give effect
+to such his decision and determination, did, on the 5th day of August,
+A.D. 1867, address to the said Stanton a note of which the following
+is a true copy:
+
+ SIR: Public considerations of a high character constrain me to say that
+ your resignation as Secretary of War will be accepted.
+
+
+To which note the said Stanton made the following reply:
+
+ WAR DEPARTMENT,
+
+ _Washington, August_ 5, _1867_.
+
+ SIR: Your note of this day has been received, stating that "public
+ considerations of a high character constrain" you "to say that" my
+ "resignation as Secretary of War will be accepted."
+
+ In reply I have the honor to say that public considerations of a high
+ character, which alone have induced me to continue at the head of this
+ Department, constrain me not to resign the office of Secretary of War
+ before the next meeting of Congress.
+
+ Very respectfully, yours,
+
+ EDWIN M. STANTON.
+
+
+This respondent, as President of the United States, was thereon of
+opinion that, having regard to the necessary official relations and
+duties of the Secretary for the Department of War to the President of
+the United States, according to the Constitution and laws of the United
+States, and having regard to the responsibility of the President for
+the conduct of the said Secretary, and having regard to the permanent
+executive authority of the office which the respondent holds under
+the Constitution and laws of the United States, it was impossible,
+consistently with the public interests, to allow the said Stanton to
+continue to hold the said office of Secretary for the Department of War;
+and it then became the official duty of the respondent, as President of
+the United States, to consider and decide what act or acts should and
+might lawfully be done by him, as President of the United States, to
+cause the said Stanton to surrender the said office.
+
+This respondent was informed and verily believed that it was practically
+settled by the First Congress of the United States, and had been so
+considered and uniformly and in great numbers of instances acted on by
+each Congress and President of the United States, in succession, from
+President Washington to and including President Lincoln, and from the
+First Congress to the Thirty-ninth Congress, that the Constitution of
+the United States conferred on the President, as part of the executive
+power and as one of the necessary means and instruments of performing
+the executive duty expressly imposed on him by the Constitution of
+taking care that the laws be faithfully executed, the power at any and
+all times of removing from office all executive officers for cause to be
+judged of by the President alone. This respondent had, in pursuance of
+the Constitution, required the opinion of each principal officer of the
+Executive Departments upon this question of constitutional executive
+power and duty, and had been advised by each of them, including
+the said Stanton, Secretary for the Department of War, that under
+the Constitution of the United States this power was lodged by
+the Constitution in the President of the United States, and that,
+consequently, it could be lawfully exercised by him, and the Congress
+could not deprive him thereof; and this respondent, in his capacity of
+President of the United States, and because in that capacity he was both
+enabled and bound to use his best judgment upon this question, did, in
+good faith and with an earnest desire to arrive at the truth, come to
+the conclusion and opinion, and did make the same known to the honorable
+the Senate of the United States by a message dated on the 2d day of
+March, 1867 (a true copy whereof is hereunto annexed and marked A), that
+the power last mentioned was conferred and the duty of exercising it in
+fit cases was imposed on the President by the Constitution of the United
+States, and that the President could not be deprived of this power
+or relieved of this duty, nor could the same be vested by law in the
+President and the Senate jointly, either in part or whole; and this has
+ever since remained and was the opinion of this respondent at the time
+when he was forced as aforesaid to consider and decide what act or acts
+should and might lawfully be done by this respondent, as President of
+the United States, to cause the said Stanton to surrender the said
+office.
+
+This respondent was also then aware that by the first section of "An act
+regulating the tenure of certain civil offices," passed March 2, 1867,
+by a constitutional majority of both Houses of Congress, it was enacted
+as follows:
+
+ That every person holding any civil office to which he has been
+ appointed by and with the advice and consent of the Senate, and every
+ person who shall hereafter be appointed to any such office and shall
+ become duly qualified to act therein, is and shall be entitled to hold
+ such office until a successor shall have been in like manner appointed
+ and duly qualified, except as herein otherwise provided: _Provided_,
+ That the Secretaries of State, of the Treasury, of War, of the Navy,
+ and of the Interior, the Postmaster-General, and the Attorney-General
+ shall hold their offices, respectively, for and during the term of the
+ President by whom they may have been appointed and one month thereafter,
+ subject to removal by and with the advice and consent of the Senate.
+
+This respondent was also aware that this act was understood and intended
+to be an expression of the opinion of the Congress by which that act
+was passed that the power to remove executive officers for cause might
+by law be taken from the President and vested in him and the Senate
+jointly; and although this respondent had arrived at and still retained
+the opinion above expressed, and verily believed, as he still believes,
+that the said first section of the last-mentioned act was and is wholly
+inoperative and void by reason of its conflict with the Constitution of
+the United States, yet, inasmuch as the same had been enacted by the
+constitutional majority in each of the two Houses of that Congress, this
+respondent considered it to be proper to examine and decide whether the
+particular case of the said Stanton, on which it was this respondent's
+duty to act, was within or without the terms of that first section of
+the act, or, if within it, whether the President had not the power,
+according to the terms of the act, to remove the said Stanton from the
+office of Secretary for the Department of War; and having, in his
+capacity of President of the United States, so examined and considered,
+did form the opinion that the case of the said Stanton and his tenure of
+office were not affected by the first section of the last-named act.
+
+And this respondent, further answering, says that although a case thus
+existed which, in his judgment, as President of the United States,
+called for the exercise of the executive power to remove the said
+Stanton from the office of Secretary for the Department of War; and
+although this respondent was of opinion, as is above shown, that under
+the Constitution of the United States the power to remove the said
+Stanton from the said office was vested in the President of the United
+States; and although this respondent was also of the opinion, as is
+above shown, that the case of the said Stanton was not affected by
+the first section of the last-named act; and although each of the
+said opinions had been formed by this respondent upon an actual case,
+requiring him, in his capacity of President of the United States, to
+come to some judgment and determination thereon, yet this respondent,
+as President of the United States, desired and determined to avoid, if
+possible, any question of the construction and effect of the said first
+section of the last-named act, and also the broader question of the
+executive power conferred upon the President of the United States by
+the Constitution of the United States to remove one of the principal
+officers of one of the Executive Departments for cause seeming to him
+sufficient; and this respondent also desired and determined that if,
+from causes over which he could exert no control, it should become
+absolutely necessary to raise and have in some way determined either
+or both of the said last-named questions, it was in accordance with the
+Constitution of the United States, and was required of the President
+thereby, that questions of so much gravity and importance, upon which
+the legislative and executive departments of the Government had
+disagreed, which involved powers considered by all branches of the
+Government, during its entire history down to the year 1867, to have
+been confided by the Constitution of the United States to the President,
+and to be necessary for the complete and proper execution of his
+constitutional duties, should be in some proper way submitted to that
+judicial department of the Government intrusted by the Constitution
+with the power, and subjected by it to the duty, not only of
+determining finally the construction and effect of all acts of Congress,
+but of comparing them with the Constitution of the United States
+and pronouncing them inoperative when found in conflict with that
+fundamental law which the people have enacted for the government of
+all their servants. And to these ends, first, that through the action
+of the Senate of the United States the absolute duty of the President
+to substitute some fit person in place of Mr. Stanton as one of his
+advisers, and as a principal subordinate officer whose official conduct
+he was responsible for and had lawful right to control, might, if
+possible, be accomplished without the necessity of raising any one
+of the questions aforesaid; and, second, if this duty could not
+be so performed, then that these questions, or such of them as might
+necessarily arise, should be judicially determined in manner aforesaid,
+and for no other end or purpose, this respondent, as President of the
+United States, on the 12th day of August, 1867, seven days after the
+reception of the letter of the said Stanton of the 5th of August,
+hereinbefore stated, did issue to the said Stanton the order
+following, namely:
+
+
+ EXECUTIVE MANSION,
+
+ _Washington, August 12, 1867_.
+
+ Hon. EDWIN M. STANTON,
+
+ _Secretary of War_.
+
+ SIR: By virtue of the power and authority vested in me as President by
+ the Constitution and laws of the United States, you are hereby suspended
+ from office as Secretary of War, and will cease to exercise any and all
+ functions pertaining to the same.
+
+ You will at once transfer to General Ulysses S. Grant, who has this day
+ been authorized and empowered to act as Secretary of War _ad interim_,
+ all records, books, papers, and other public property now in your
+ custody and charge.
+
+
+To which said order the said Stanton made the following reply:
+
+
+ WAR DEPARTMENT,
+
+ _Washington City, August 12, 1867_.
+
+ The PRESIDENT.
+
+ SIR: Your note of this date has been received, informing me that by
+ virtue of the powers vested in you as President by the Constitution
+ and laws of the United States I am suspended from office as Secretary
+ of War, and will cease to exercise any and all functions pertaining to
+ the same; and also directing me at once to transfer to General Ulysses
+ S. Grant, who has this day been authorized and empowered to act as
+ Secretary of War _ad interim_, all records, books, papers, and other
+ public property now in my custody and charge.
+
+ Under a sense of public duty, I am compelled to deny your right under
+ the Constitution and laws of the United States, without the advice and
+ consent of the Senate and without legal cause, to suspend me from office
+ as Secretary of War, or the exercise of any or all functions pertaining
+ to the same, or without such advice and consent to compel me to transfer
+ to any person the records, books, papers, and public property in my
+ custody as Secretary.
+
+ But inasmuch as the General Commanding the armies of the United States
+ has been appointed _ad interim_, and has notified me that he has
+ accepted the appointment, I have no alternative but to submit, under
+ protest, to superior force.
+
+
+And this respondent, further answering, says that it is provided in and
+by the second section of "An act regulating the tenure of certain civil
+offices" that the President may suspend an officer from the performance
+of the duties of the office held by him, for certain causes therein
+designated, until the next meeting of the Senate and until the case
+shall be acted on by the Senate; that this respondent, as President
+of the United States, was advised, and he verily believed, and still
+believes, that the executive power of removal from office confided to
+him by the Constitution as aforesaid includes the power of suspension
+from office at the pleasure of the President; and this respondent, by
+the order aforesaid, did suspend the said Stanton from office, not until
+the next meeting of the Senate or until the Senate should have acted
+upon the case, but, by force of the power and authority vested in him by
+the Constitution and laws of the United States, indefinitely and at the
+pleasure of the President; and the order, in form aforesaid, was made
+known to the Senate of the United States on the 12th day of December,
+A.D. 1867, as will be more fully hereinafter stated.
+
+And this respondent, further answering, says that in and by the act of
+February 13, 1795, it was, among other things, provided and enacted that
+in case of vacancy in the office of Secretary for the Department of
+War it shall be lawful for the President, in case he shall think it
+necessary, to authorize any person to perform the duties of that office
+until a successor be appointed or such vacancy filled, but not exceeding
+the term of six months; and this respondent, being advised and believing
+that such law was in full force and not repealed, by an order dated
+August 12, 1867, did authorize and empower Ulysses S. Grant, General of
+the armies of the United States, to act as Secretary for the Department
+of War _ad interim_, in the form in which similar authority had
+theretofore been given, not until the next meeting of the Senate and
+until the Senate should act on the case, but at the pleasure of the
+President, subject only to the limitation of six months in the said
+last-mentioned act contained; and a copy of the last-named order was
+made known to the Senate of the United States on the 12th day of
+December, A.D. 1867, as will be hereinafter more fully stated; and in
+pursuance of the design and intention aforesaid, if it should become
+necessary, to submit the said questions to a judicial determination,
+this respondent, at or near the date of the last-mentioned order, did
+make known such his purpose to obtain a judicial decision of the said
+questions, or such of them as might be necessary.
+
+And this respondent, further answering, says that in further pursuance
+of his intention and design, if possible, to perform what he judged to
+be his imperative duty, to prevent the said Stanton from longer holding
+the office of Secretary for the Department of War, and at the same time
+avoiding, if possible, any question respecting the extent of the power
+of removal from executive office confided to the President by the
+Constitution of the United States, and any question respecting the
+construction and effect of the first section of the said "Act regulating
+the tenure of certain civil offices," while he should not by any act of
+his abandon and relinquish either a power which he believed the
+Constitution had conferred on the President of the United States to
+enable him to perform the duties of his office or a power designedly
+left to him by the first section of the act of Congress last aforesaid,
+this respondent did, on the 12th day of December, 1867, transmit to the
+Senate of the United States a message, a copy whereof is hereunto
+annexed and marked B, wherein he made known the orders aforesaid and
+the reasons which had induced the same, so far as this respondent then
+considered it material and necessary that the same should be set forth,
+and reiterated his views concerning the constitutional power of removal
+vested in the President, and also expressed his views concerning the
+construction of the said first section of the last-mentioned act, as
+respected the power of the President to remove the said Stanton from
+the said office of Secretary for the Department of War, well hoping that
+this respondent could thus perform what he then believed, and still
+believes, to be his imperative duty in reference to the said Stanton
+without derogating from the powers which this respondent believed were
+confided to the President by the Constitution and laws, and without
+the necessity of raising judicially any questions respecting the same.
+
+And this respondent, further answering, says that this hope not having
+been realized, the President was compelled either to allow the said
+Stanton to resume the said office and remain therein contrary to the
+settled convictions of the President, formed as aforesaid, respecting
+the powers confided to him and the duties required of him by the
+Constitution of the United States, and contrary to the opinion formed
+as aforesaid that the first section of the last-mentioned act did not
+affect the case of the said Stanton, and contrary to the fixed belief
+of the President that he could no longer advise with or trust or be
+responsible for the said Stanton in the said office of Secretary for the
+Department of War, or else he was compelled to take such steps as might
+in the judgment of the President be lawful and necessary to raise for a
+judicial decision the questions affecting the lawful right of the said
+Stanton to resume the said office or the power of the said Stanton to
+persist in refusing to quit the said office if he should persist in
+actually refusing to quit the same; and to this end, and to this end
+only, this respondent did, on the 21st day of February, 1868, issue the
+order for the removal of the said Stanton, in the said first article
+mentioned and set forth, and the order authorizing the said Lorenzo
+Thomas to act as Secretary of War _ad interim_, in the said second
+article set forth.
+
+And this respondent, proceeding to answer specifically each substantial
+allegation in the said first article, says: He denies that the said
+Stanton, on the 21st day of February, 1868, was lawfully in possession
+of the said office of Secretary for the Department of War. He denies
+that the said Stanton, on the day last mentioned, was lawfully entitled
+to hold the said office against the will of the President of the United
+States. He denies that the said order for the removal of the said
+Stanton was unlawfully issued. He denies that the said order was issued
+with intent to violate the act entitled "An act regulating the tenure of
+certain civil offices." He denies that the said order was a violation of
+the last-mentioned act. He denies that the said order was a violation of
+the Constitution of the United States, or of any law thereof, or of his
+oath of office. He denies that the said order was issued with an intent
+to violate the Constitution of the United States, or any law thereof, or
+this respondent's oath of office; and he respectfully but earnestly
+insists that not only was it issued by him in the performance of what he
+believed to be an imperative official duty, but in the performance of
+what this honorable court will consider was, in point of fact, an
+imperative official duty. And he denies that any and all substantive
+matters in the said first article contained, in manner and form as the
+same are therein stated and set forth, do by law constitute a high
+misdemeanor in office within the true intent and meaning of the
+Constitution of the United States.
+
+_Answer to Article II_.--And for answer to the second article this
+respondent says that he admits he did issue and deliver to said Lorenzo
+Thomas the said writing set forth in said second article, bearing
+date at Washington, D.C., February 21, 1868, addressed to Brevet
+Major-General Lorenzo Thomas, Adjutant-General United States Army,
+Washington, D.C., and he further admits that the same was so issued
+without the advice and consent of the Senate of the United States, then
+in session; but he denies that he thereby violated the Constitution of
+the United States or any law thereof, or that he did thereby intend to
+violate the Constitution of the United States or the provisions of any
+act of Congress; and this respondent refers to his answer to said first
+article for a full statement of the purposes and intentions with which
+said order was issued, and adopts the same as part of his answer to this
+article; and he further denies that there was then and there no vacancy
+in the said office of Secretary for the Department of War, or that he
+did then and there commit or was guilty of a high misdemeanor in office;
+and this respondent maintains and will insist--
+
+1. That at the date and delivery of said writing there was a vacancy
+existing in the office of Secretary for the Department of War.
+
+2. That notwithstanding the Senate of the United States was then in
+session, it was lawful and according to long and well-established usage
+to empower and authorize the said Thomas to act as Secretary of War
+_ad interim_.
+
+3. That if the said act regulating the tenure of civil offices be held
+to be a valid law, no provision of the same was violated by the issuing
+of said order or by the designation of said Thomas to act as Secretary
+of War _ad interim_.
+
+_Answer to Article III_.--And for answer to said third article this
+respondent says that he abides by his answer to said first and second
+articles in so far as the same are responsive to the allegations
+contained in the said third article, and, without here again repeating
+the same answer, prays the same be taken as an answer to this third
+article as fully as if here again set out at length; and as to the new
+allegation contained in said third article, that this respondent did
+appoint the said Thomas to be Secretary for the Department of War _ad
+interim_, this respondent denies that he gave any other authority to
+said Thomas than such as appears in said written authority, set out in
+said article, by which he authorized and empowered said Thomas to act
+as Secretary for the Department of War _ad interim_; and he denies
+that the same amounts to an appointment, and insists that it is only
+a designation of an officer of that Department to act temporarily as
+Secretary for the Department of War _ad interim_--until an appointment
+should be made. But whether the said written authority amounts to an
+appointment or to a temporary authority or designation, this respondent
+denies that in any sense he did thereby intend to violate the
+Constitution of the United States, or that he thereby intended to
+give the said order the character or effect of an appointment in the
+constitutional or legal sense of that term. He further denies that there
+was no vacancy in said office of Secretary for the Department of War
+existing at the date of said written authority.
+
+_Answer to Article IV_.--And for answer to said fourth article this
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time or place, he did unlawfully
+conspire with the said Lorenzo Thomas, or with the said Thomas and any
+other person or persons, with intent, by intimidations and threats,
+unlawfully to hinder and prevent the said Stanton from holding said
+office of Secretary for the Department of War, in violation of the
+Constitution of the United States or of the provisions of the said act
+of Congress in said article mentioned, or that he did then and there
+commit or was guilty of a high crime in office. On the contrary thereof,
+protesting that the said Stanton was not then and there lawfully the
+Secretary for the Department of War, this respondent states that his
+sole purpose in authorizing the said Thomas to act as Secretary for the
+Department of War _ad interim_ was, as is fully stated in his answer to
+the said first article, to bring the question of the right of the said
+Stanton to hold said office, notwithstanding his said suspension, and
+notwithstanding the said order of removal, and notwithstanding the said
+authority of the said Thomas to act as Secretary of War _ad interim_, to
+the test of a final decision by the Supreme Court of the United States
+in the earliest practicable mode by which the question could be brought
+before that tribunal.
+
+This respondent did not conspire or agree with the said Thomas, or any
+other person or persons, to use intimidation or threats to hinder or
+prevent the said Stanton from holding the said office of Secretary for
+the Department of War, nor did this respondent at any time command
+or advise the said Thomas, or any other person or persons, to resort
+to or use either threats or intimidation for that purpose. The only
+means in the contemplation or purpose of respondent to be used are set
+forth fully in the said orders of February 21, the first addressed to
+Mr. Stanton and the second to the said Thomas. By the first order the
+respondent notified Mr. Stanton that he was removed from the said office
+and that his functions as Secretary for the Department of War were to
+terminate upon the receipt of that order; and he also thereby notified
+the said Stanton that the said Thomas had been authorized to act as
+Secretary for the Department of War _ad interim_, and ordered the said
+Stanton to transfer to him all the records, books, papers, and other
+public property in his custody and charge; and by the second order this
+respondent notified the said Thomas of the removal from office of the
+said Stanton, and authorized him to act as Secretary for the Department
+of War _ad interim_, and directed him to immediately enter upon the
+discharge of the duties pertaining to that office and to receive the
+transfer of all the records, books, papers, and other public property
+from Mr. Stanton then in his custody and charge.
+
+Respondent gave no instructions to the said Thomas to use intimidation
+or threats to enforce obedience to these orders. He gave him no
+authority to call in the aid of the military or any other force to
+enable him to obtain possession of the office or of the books, papers,
+records, or property thereof. The only agency resorted to, or intended
+to be resorted to, was by means of the said Executive orders requiring
+obedience. But the Secretary for the Department of War refused to obey
+these orders, and still holds undisturbed possession and custody of that
+Department and of the records, books, papers, and other public property
+therein. Respondent further states that in execution of the orders so by
+this respondent given to the said Thomas he, the said Thomas, proceeded
+in a peaceful manner to demand of the said Stanton a surrender to him of
+the public property in the said Department, and to vacate the possession
+of the same, and to allow him, the said Thomas, peaceably to exercise
+the duties devolved upon him by authority of the President. That, as
+this respondent has been informed and believes, the said Stanton
+peremptorily refused obedience to the orders so issued. Upon such
+refusal no force or threat of force was used by the said Thomas, by
+authority of the President or otherwise, to enforce obedience, either
+then or at any subsequent time.
+
+This respondent doth here except to the sufficiency of the allegations
+contained in said fourth article, and states for ground of exception
+that it is not stated that there was any agreement between this
+respondent and the said Thomas, or any other person or persons, to use
+intimidation and threats, nor is there any allegation as to the nature
+of said intimidation and threats, or that there was any agreement to
+carry them into execution, or that any step was taken or agreed to be
+taken to carry them into execution; and that the allegation in said
+article that the intent of said conspiracy was to use intimidation and
+threats is wholly insufficient, inasmuch as it is not alleged that the
+said intent formed the basis or became part of any agreement between the
+said alleged conspirators; and, furthermore, that there is no allegation
+of any conspiracy or agreement to use intimidation or threats.
+
+_Answer to Article V_.--And for answer to the said fifth article this
+respondent denies that on the said 21st day of February, 1868, or at
+any other time or times in the same year before the said 2d day of
+March, 1868, or at any prior or subsequent time, at Washington
+aforesaid, or at any other place, this respondent did unlawfully
+conspire with the said Thomas, or with any other person or persons,
+to prevent or hinder the execution of the said act entitled "An act
+regulating the tenure of certain civil offices," or that, in pursuance
+of said alleged conspiracy, he did unlawfully attempt to prevent the
+said Edwin M. Stanton from holding the said office of Secretary for the
+Department of War, or that he did thereby commit, or that he was thereby
+guilty of, a high misdemeanor in office. Respondent, protesting that
+said Stanton was not then and there Secretary for the Department of War,
+begs leave to refer to his answer given to the fourth article and to his
+answer to the first article as to his intent and purpose in issuing the
+orders for the removal of Mr. Stanton and the authority given to the
+said Thomas, and prays equal benefit therefrom as if the same were here
+again repeated and fully set forth.
+
+And this respondent excepts to the sufficiency of the said fifth
+article, and states his ground for such exception that it is not alleged
+by what means or by what agreement the said alleged conspiracy was
+formed or agreed to be carried out, or in what way the same was
+attempted to be carried out, or what were the acts done in pursuance
+thereof.
+
+_Answer to Article VI_.--And for answer to the said sixth article this
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time or place, he did unlawfully
+conspire with the said Thomas by force to seize, take, or possess the
+property of the United States in the Department of War, contrary to
+the provisions of the said acts referred to in the said article, or
+either of them, or with intent to violate either of them. Respondent,
+protesting that said Stanton was not then and there Secretary for the
+Department of War, not only denies the said conspiracy as charged, but
+also denies any unlawful intent in reference to the custody and charge
+of the property of the United States in the said Department of War, and
+again refers to his former answers for a full statement of his intent
+and purpose in the premises.
+
+_Answer to Article VII_.--And for answer to the said seventh article
+respondent denies that on the said 21st day of February, 1868, at
+Washington aforesaid, or at any other time and place, he did unlawfully
+conspire with the said Thomas with intent unlawfully to seize, take, or
+possess the property of the United States in the Department of War, with
+intent to violate or disregard the said act in the said seventh article
+referred to, or that he did then and there commit a high misdemeanor in
+office. Respondent, protesting that the said Stanton was not then and
+there Secretary for the Department of War, again refers to his former
+answers, in so far as they are applicable, to show the intent with which
+he proceeded in the premises, and prays equal benefit therefrom as
+if the same were here again fully repeated. Respondent further takes
+exception to the sufficiency of the allegations of this article as to
+the conspiracy alleged upon the same grounds as stated in the exception
+set forth in his answer to said article fourth.
+
+_Answer to Article VIII_.--And for answer to the said eighth article
+this respondent denies that, on the 21st day of February, 1868, at
+Washington aforesaid, or at any other time and place, he did issue
+and deliver to the said Thomas the said letter of authority set forth
+in the said eighth article with the intent unlawfully to control the
+disbursements of the money appropriated for the military service and
+for the Department of War. This respondent, protesting that there was
+a vacancy in the office of Secretary of War, admits that he did issue
+the said letter of authority, and he denies that the same was with any
+unlawful intent whatever, either to violate the Constitution of the
+United States or any act of Congress. On the contrary, this respondent
+again affirms that his sole intent was to vindicate his authority as
+President of the United States, and by peaceful means to bring the
+question of the right of the said Stanton to continue to hold the said
+office of Secretary of War to a final decision before the Supreme Court
+of the United States, as has been hereinbefore set forth; and he prays
+the same benefit from his answer in the premises as if the same were
+here again repeated at length.
+
+_Answer to Article IX_.--And for answer to the said ninth article
+the respondent states that on the said 22d day of February, 1868, the
+following note was addressed to the said Emory by the private secretary
+of the respondent:
+
+
+ EXECUTIVE MANSION,
+
+ WASHINGTON, D.C.,
+
+ _February 22, 1868_.
+
+ GENERAL: The President directs me to say that he will be pleased to have
+ you call upon him as early as practicable.
+
+ Respectfully and truly yours,
+
+ WILLIAM G. MOORE,
+
+ _United States Army_.
+
+
+General Emory called at the Executive Mansion according to this request.
+The object of respondent was to be advised by General Emory, as
+commander of the Department of Washington, what changes had been made in
+the military affairs of the department. Respondent had been informed
+that various changes had been made which in no wise had been brought to
+his notice or reported to him from the Department of War or from any
+other quarter, and desired to ascertain the facts. After the said Emory
+had explained in detail the changes which had taken place, said Emory
+called the attention of respondent to a general order which he referred
+to, and which this respondent then sent for, when it was produced. It is
+as follows:
+
+
+ GENERAL ORDERS, No, 17.
+
+ WAR DEPARTMENT,
+
+ ADJUTANT-GENERALS OFFICE,
+
+ _Washington, March 14, 1867_.
+
+ The following acts of Congress are published for the information and
+ government of all concerned:
+
+ * * * * * * *
+
+ "II.--PUBLIC--No. 85.
+
+ "An act making appropriations for the support of the Army for the year
+ ending June 30, 1868, and for other purposes.
+
+ * * * * * * *
+
+ "SEC. 2. _And be it further enacted_, That the headquarters of the
+ General of the Army of the United States shall be at the city of
+ Washington, and all orders and instructions relating to military
+ operations issued by the President or Secretary of War shall be issued
+ through the General of the Army, and in case of his inability through
+ the next in rank. The General of the Army shall not be removed,
+ suspended, or relieved from command, or assigned to duty elsewhere than
+ at said headquarters, except at his own request, without the previous
+ approval of the Senate; and any orders or instructions relating to
+ military operations issued contrary to the requirements of this section
+ shall be null and void; and any officer who shall issue orders or
+ instructions contrary to the provisions of this section shall be deemed
+ guilty of a misdemeanor in office; and any officer of the Army who shall
+ transmit, convey, or obey any orders or instructions so issued contrary
+ to the provisions of this section, knowing that such orders were so
+ issued, shall be liable to imprisonment for not less than two nor more
+ than twenty years upon conviction thereof in any court of competent
+ jurisdiction.
+
+ * * * * * * *
+
+ "Approved, March 2, 1867."
+
+ * * * * * * *
+
+ By order of the Secretary of War:
+
+ E.D. TOWNSEND,
+
+ _Assistant Adjutant-General_.
+
+ Official:
+
+ -------- --------,
+
+ _Assistant Adjutant-General_.
+
+
+General Emory not only called the attention of respondent to this order,
+but to the fact that it was in conformity with a section contained in an
+appropriation act passed by Congress. Respondent, after reading the
+order, observed:
+
+This is not in accordance with the Constitution of the United States,
+which makes me Commander in Chief of the Army and Navy, or of the
+language of the commission which you hold.
+
+General Emory then stated that this order had met the respondent's
+approval. Respondent then said in reply, in substance:
+
+
+ Am I to understand that the President of the United States can not give
+ an order but through the General in Chief, or General Grant?
+
+
+General Emory again reiterated the statement that it had met
+respondent's approval, and that it was the opinion of some of the
+leading lawyers of the country that this order was constitutional. With
+some further conversation, respondent then inquired the names of the
+lawyers who had given the opinion, and he mentioned the names of two.
+Respondent then said that the object of the law was very evident,
+referring to the clause in the appropriation act upon which the order
+purported to be based. This, according to respondent's recollection,
+was the substance of the conversation had with General Emory.
+
+Respondent denies that any allegations in the said article of any
+instructions or declarations given to the said Emory then or at any
+other time contrary to or in addition to what is hereinbefore set forth
+are true. Respondent denies that in said conversation with said Emory he
+had any other intent than to express the opinion then given to the said
+Emory, nor did he then or at any time request or order the said Emory
+to disobey any law or any order issued in conformity with any law,
+or intend to offer any inducement to the said Emory to violate any
+law. What this respondent then said to General Emory was simply the
+expression of an opinion which he then fully believed to be sound,
+and which he yet believes to be so, and that is that by the express
+provisions of the Constitution this respondent, as President, is made
+the Commander in Chief of the armies of the United States, and as such
+he is to be respected, and that his orders, whether issued through the
+War Department, or through the General in Chief, or by any other channel
+of communication, are entitled to respect and obedience, and that such
+constitutional power can not be taken from him by virtue of any act of
+Congress. Respondent doth therefore deny that by the expression of such
+opinion he did commit or was guilty of a high misdemeanor in office;
+and the respondent doth further say that the said Article IX lays no
+foundation whatever for the conclusion stated in the said article, that
+the respondent, by reason of the allegations therein contained, was
+guilty of a high misdemeanor in office.
+
+In reference to the statement made by General Emory that this respondent
+had approved of said act of Congress containing the section referred to,
+the respondent admits that his formal approval was given to said act,
+but accompanied the same by the following message, addressed and sent
+with the act to the House of Representatives, in which House the said
+act originated, and from which it came to respondent:
+
+
+ WASHINGTON, D.C., _March 2, 1867_.
+
+ _To the House of Representatives_:
+
+ The act entitled "An act making appropriations for the support of
+ the Army for the year ending June 30, 1868, and for other purposes,"
+ contains provisions to which I must call attention. These provisions
+ are contained in the second section, which in certain cases virtually
+ deprives the President of his constitutional functions as Commander in
+ Chief of the Army, and in the sixth section, which denies to ten States
+ of the Union their constitutional right to protect themselves in any
+ emergency by means of their own militia. These provisions are out of
+ place in an appropriation act, but I am compelled to defeat these
+ necessary appropriations if I withhold my signature from the act.
+ Pressed by these considerations, I feel constrained to return the bill
+ with my signature, but to accompany it with my earnest protest against
+ the sections which I have indicated.
+
+
+Respondent, therefore, did no more than to express to said Emory the
+same opinion which he had so expressed to the House of Representatives.
+
+_Answer to Article X_.--And in answer to the tenth article and
+specifications thereof the respondent says that on the 14th and 15th
+days of August, in the year 1866, a political convention of delegates
+from all or most of the States and Territories of the Union was held
+in the city of Philadelphia, under the name and style of the National
+Union Convention, for the purpose of maintaining and advancing certain
+political views and opinions before the people of the United States, and
+for their support and adoption in the exercise of the constitutional
+suffrage in the elections of Representatives and Delegates in Congress
+which were soon to occur in many of the States and Territories of the
+Union; which said convention, in the course of its proceedings, and
+in furtherance of the objects of the same, adopted a "Declaration of
+principles" and "An address to the people of the United States," and
+appointed a committee of two of its members from each State and of one
+from each Territory and one from the District of Columbia to wait upon
+the President of the United States and present to him a copy of the
+proceedings of the convention; that on the 18th day of said month of
+August this committee waited upon the President of the United States
+at the Executive Mansion, and was received by him in one of the rooms
+thereof, and by their chairman, Hon. Reverdy Johnson, then and now
+a Senator of the United States, acting and speaking in their behalf,
+presented a copy of the proceedings of the convention and addressed the
+President of the United States in a speech of which a copy (according
+to a published report of the same, and, as the respondent believes,
+substantially a correct report) is hereto annexed as a part of this
+answer, and marked Exhibit C.
+
+That thereupon, and in reply to the address of said committee by their
+chairman, this respondent addressed the said committee so waiting upon
+him in one of the rooms of the Executive Mansion; and this respondent
+believes that this his address to said committee is the occasion
+referred to in the first specification of the tenth article; but this
+respondent does not admit that the passages therein set forth, as if
+extracts from a speech or address of this respondent upon said occasion,
+correctly or justly present his speech or address upon said occasion,
+but, on the contrary, this respondent demands and insists that if
+this honorable court shall deem the said article and the said first
+specification thereof to contain allegation of matter cognizable by
+this honorable court as a high misdemeanor in office within the intent
+and meaning of the Constitution of the United States, and shall receive
+or allow proof in support of the same, that proof shall be required
+to be made of the actual speech and address of this respondent on
+said occasion, which this respondent denies that said article and
+specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article and the
+specifications thereof, says that at Cleveland, in the State of Ohio,
+and on the 3d day of September, in the year 1866, he was attended by a
+large assemblage of his fellow-citizens, and in deference and obedience
+to their call and demand he addressed them upon matters of public and
+political consideration; and this respondent believes that said occasion
+and address are referred to in the second specification of the tenth
+article; but this respondent does not admit that the passages therein
+set forth, as if extracts from a speech of this respondent on said
+occasion, correctly or justly present his speech or address upon said
+occasion, but, on the contrary, this respondent demands and insists that
+if this honorable court shall deem the said article and the said second
+specification thereof to contain allegation of matter cognizable by this
+honorable court as a high misdemeanor in office within the intent and
+meaning of the Constitution of the United States, and shall receive or
+allow proof in support of the same, that proof shall be required to be
+made of the actual speech and address of this respondent on said
+occasion, which this respondent denies that said article and
+specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article and the
+specifications thereof, says that at St. Louis, in the State of
+Missouri, and on the 8th day of September, in the year 1866, he was
+attended by a numerous assemblage of his fellow-citizens, and in
+deference and obedience to their call and demand he addressed them upon
+matters of public and political consideration; and this respondent
+believes that said occasion and address are referred to in the third
+specification of the tenth article; but this respondent does not admit
+that the passages therein set forth, as if extracts from a speech of
+this respondent on said occasion, correctly or justly present his speech
+or address upon said occasion, but, on the contrary, this respondent
+demands and insists that if this honorable court shall deem the said
+article and the said third specification thereof to contain allegation
+of matter cognizable by this honorable court as a high misdemeanor in
+office within the intent and meaning of the Constitution of the United
+States, and shall receive or allow proof in support of the same, that
+proof shall be required to be made of the actual speech and address of
+this respondent on said occasion, which this respondent denies that the
+said article and specification contain or correctly or justly represent.
+
+And this respondent, further answering the tenth article, protesting
+that he has not been unmindful of the high duties of his office or of
+the harmony or courtesies which ought to exist and be maintained between
+the executive and legislative branches of the Government of the United
+States, denies that he has ever intended or designed to set aside the
+rightful authority or powers of Congress, or attempted to bring into
+disgrace, ridicule, hatred, contempt, or reproach the Congress of the
+United States, or either branch thereof, or to impair or destroy the
+regard or respect of all or any of the good people of the United States
+for the Congress or the rightful legislative power thereof, or to excite
+the odium or resentment of all or any of the good people of the United
+States against Congress and the laws by it duly and constitutionally
+enacted. This respondent further says that at all times he has, in his
+official acts as President, recognized the authority of the several
+Congresses of the United States as constituted and organized during his
+administration of the office of President of the United States.
+
+And this respondent, further answering, says that he has from time
+to time, under his constitutional right and duty as President of the
+United States, communicated to Congress his views and opinions in
+regard to such acts or resolutions thereof as, being submitted to him
+as President of the United States in pursuance of the Constitution,
+seemed to this respondent to require such communications; and he has
+from time to time, in the exercise of that freedom of speech which
+belongs to him as a citizen of the United States, and, in his political
+relations as President of the United States to the people of the United
+States, is upon fit occasions a duty of the highest obligation, expressed
+to his fellow-citizens his views and opinions respecting the measures
+and proceedings of Congress; and that in such addresses to his
+fellow-citizens and in such his communications to Congress he has
+expressed his views, opinions, and judgment of and concerning the actual
+constitution of the two Houses of Congress, without representation
+therein of certain States of the Union, and of the effect that in wisdom
+and justice, in the opinion and judgment of this respondent, Congress
+in its legislation and proceedings should give to this political
+circumstance; and whatsoever he has thus communicated to Congress
+or addressed to his fellow-citizens or any assemblage thereof this
+respondent says was and is within and according to his right and
+privilege as an American citizen and his right and duty as President
+of the United States.
+
+And this respondent, not waiving or at all disparaging his right
+of freedom of opinion and of freedom of speech, as hereinbefore or
+hereinafter more particularly set forth, but claiming and insisting upon
+the same, further answering the said tenth article, says that the views
+and opinions expressed by this respondent in his said addresses to
+the assemblages of his fellow-citizens, as in said articles or in this
+answer thereto mentioned, are not and were not intended to be other
+or different from those expressed by him in his communications to
+Congress--that the eleven States lately in insurrection never had
+ceased to be States of the Union, and that they were then entitled
+to representation in Congress by loyal Representatives and Senators
+as fully as the other States of the Union, and that consequently the
+Congress as then constituted was not in fact a Congress of all the
+States, but a Congress of only a part of the States. This respondent,
+always protesting against the unauthorized exclusion therefrom of the
+said eleven States, nevertheless gave his assent to all laws passed by
+said Congress which did not, in his opinion and judgment, violate the
+Constitution, exercising his constitutional authority of returning bills
+to said Congress with his objections when they appeared to him to be
+unconstitutional or inexpedient.
+
+And further, this respondent has also expressed the opinion, both in
+his communications to Congress and in his addresses to the people, that
+the policy adopted by Congress in reference to the States lately in
+insurrection did not tend to peace, harmony, and union, but, on the
+contrary, did tend to disunion and the permanent disruption of the
+States, and that in following its said policy laws had been passed by
+Congress in violation of the fundamental principles of the Government,
+and which tended to consolidation and despotism; and such being his
+deliberate opinions, he would have felt himself unmindful of the
+high duties of his office if he had failed to express them in his
+communications to Congress or in his addresses to the people when called
+upon by them to express his opinions on matters of public and political
+consideration.
+
+And this respondent, further answering the tenth article, says that he
+has always claimed and insisted, and now claims and insists, that both
+in the personal and private capacity of a citizen of the United States
+and in the political relations of the President of the United States to
+the people of the United States, whose servant, under the duties and
+responsibilities of the Constitution of the United States, the President
+of the United States is and should always remain, this respondent had
+and has the full right, and in his office of President of the United
+States is held to the high duty, of forming, and on fit occasions
+expressing, opinions of and concerning the legislation of Congress,
+proposed or completed, in respect of its wisdom, expediency, justice,
+worthiness, objects, purposes, and public and political motives and
+tendencies, and within and as a part of such right and duty to form,
+and on fit occasions to express, opinions of and concerning the public
+character and conduct, views, purposes, objects, motives, and tendencies
+of all men engaged in the public service, as well in Congress as
+otherwise, and under no other rules or limits upon this right of
+freedom of opinion and of freedom of speech, or of responsibility and
+amenability for the actual exercise of such freedom of opinion and
+freedom of speech, than attend upon such rights and their exercise on
+the part of all other citizens of the United States and on the part of
+all their public servants.
+
+And this respondent, further answering said tenth article, says
+that the several occasions on which, as is alleged in the several
+specifications of said article, this respondent addressed his
+fellow-citizens on subjects of public and political considerations were
+not, nor was any one of them, sought or planned by this respondent, but,
+on the contrary, each of said occasions arose upon the exercise of a
+lawful and accustomed right of the people of the United States to call
+upon their public servants and express to them their opinions, wishes,
+and feelings upon matters of public and political consideration, and to
+invite from such their public servants an expression of their opinions,
+views, and feelings on matters of public and political consideration;
+and this respondent claims and insists before this honorable court, and
+before all the people of the United States, that of or concerning this
+his right of freedom of opinion and of freedom of speech, and this
+his exercise of such rights on all matters of public and political
+consideration, and in respect of all public servants or persons
+whatsoever engaged in or connected therewith, this respondent, as
+a citizen or as President of the United States, is not subject to
+question, inquisition, impeachment, or inculpation in any form or
+manner whatsoever.
+
+And this respondent says that neither the said tenth article nor any
+specification thereof nor any allegation therein contained touches or
+relates to any official act or doing of this respondent in the office
+of President of the United States or in the discharge of any of its
+constitutional or legal duties or responsibilities; but said article and
+the specifications and allegations thereof, wholly and in every part
+thereof, question only the discretion or propriety of freedom of opinion
+or freedom, of speech as exercised by this respondent as a citizen of
+the United States in his personal right and capacity, and without
+allegation or imputation against this respondent of the violation of any
+law of the United States touching or relating to freedom of speech or
+its exercise by the citizens of the United States or by this respondent
+as one of the said citizens or otherwise; and he denies that by reason
+of any matter in said article or its specifications alleged he has said
+or done anything indecent or unbecoming in the Chief Magistrate of the
+United States, or that he has brought the high office of President of
+the United States into contempt, ridicule, or disgrace, or that he has
+committed or has been guilty of a high misdemeanor in office.
+
+_Answer to Article XI_.--And in answer to the eleventh article this
+respondent denies that on the 18th day of August, in the year 1866, at
+the city of Washington, in the District of Columbia, he did, by public
+speech or otherwise, declare or affirm, in substance or at all, that the
+Thirty-ninth Congress of the United States was not a Congress of the
+United States authorized by the Constitution to exercise legislative
+power under the same, or that he did then and there declare or affirm
+that the said Thirty-ninth Congress was a Congress of only part of the
+States in any sense or meaning other than that ten States of the Union
+were denied representation therein, or that he made any or either of
+the declarations or affirmations in this behalf in the said article
+alleged as denying or intending to deny that the legislation of said
+Thirty-ninth Congress was valid or obligatory upon this respondent
+except so far as this respondent saw fit to approve the same; and as to
+the allegation in said article that he did thereby intend or mean to be
+understood that the said Congress had not power to propose amendments
+to the Constitution, this respondent says that in said address he said
+nothing in reference to the subject of amendments of the Constitution,
+nor was the question of the competency of the said Congress to propose
+such amendments, without the participation of said excluded States,
+at the time of said address in any way mentioned or considered or
+referred to by this respondent, nor in what he did say had he any
+intent regarding the same; and he denies the allegations so made
+to the contrary thereof. But this respondent, in further answer to
+and in respect of the said allegations of the said eleventh article
+hereinbefore traversed and denied, claims and insists upon his personal
+and official right of freedom of opinion and freedom of speech, and his
+duty in his political relations as President of the United States to the
+people of the United States in the exercise of such freedom of opinion
+and freedom of speech, in the same manner, form, and effect as he has
+in this behalf stated the same in his answer to the said tenth article,
+and with the same effect as if he here repeated the same; and he further
+claims and insists, as in said answer to said tenth article he has
+claimed and insisted, that he is not subject to question, inquisition,
+impeachment or inculpation, in any form or manner, of or concerning such
+rights of freedom of opinion or freedom of speech, or his said alleged
+exercise thereof.
+
+And this respondent further denies that on the 21st day of February,
+in the year 1868, or at any other time, at the city of Washington, in
+the District of Columbia, in pursuance of any such declaration as in
+that behalf in said eleventh article alleged, or otherwise, he did
+unlawfully, and in disregard of the requirement of the Constitution that
+he should take care that the laws should be faithfully executed, attempt
+to prevent the execution of an act entitled "An act regulating the
+tenure of certain civil offices," passed March 2, 1867, by unlawfully
+devising or contriving, or attempting to devise or contrive, means by
+which he should prevent Edwin M. Stanton from forthwith resuming the
+functions of Secretary for the Department of War, or by unlawfully
+devising or contriving, or attempting to devise or contrive, means to
+prevent the execution of an act entitled "An act making appropriations
+for the support of the Army for the fiscal year ending June 30, 1868,
+and for other purposes," approved March 2, 1867, or to prevent the
+execution of an act entitled "An act to provide for the more efficient
+government of the rebel States," passed March 2, 1867.
+
+And this respondent, further answering the said eleventh article, says
+that he has in his answer to the first article set forth in detail the
+acts, steps, and proceedings done and taken by this respondent to and
+toward or in the matter of the suspension or removal of the said Edwin
+M. Stanton in or from the office of Secretary for the Department of War,
+with the times, modes, circumstances, intents, views, purposes, and
+opinions of official obligations and duty under and with which such
+acts, steps, and proceedings were done and taken; and he makes answer to
+this eleventh article of the matters in his answer to the first article
+pertaining to the suspension or removal of said Edwin M. Stanton, to the
+same intent and effect as if they were here repeated and set forth.
+
+And this respondent, further answering the said eleventh article,
+denies that by means or reason of anything in said article alleged this
+respondent, as President of the United States, did, on the 21st day of
+February, 1868, or at any other day or time, commit or that he was
+guilty of a high misdemeanor in office.
+
+And this respondent, further answering the said eleventh article, says
+that the same and the matters therein contained do not charge or allege
+the commission of any act whatever by this respondent in his office of
+President of the United States, nor the omission by this respondent of
+any act of official obligation or duty in his office of President of
+the United States; nor does the said article nor the matters therein
+contained name, designate, describe, or define any act or mode or form
+of attempt, device, contrivance, or means, or of attempt at device,
+contrivance, or means, whereby this respondent can know or understand
+what act or mode or form of attempt, device, contrivance, or means, or
+of attempt at device, contrivance, or means, are imputed to or charged
+against this respondent in his office of President of the United States,
+or intended so to be, or whereby this respondent can more fully or
+definitely make answer unto the said article than he hereby does.
+
+And this respondent, in submitting to this honorable court this
+his answer to the articles of impeachment exhibited against him,
+respectfully reserves leave to amend and add to the same from time to
+time, as may become necessary or proper, and when and as such necessity
+and propriety shall appear.
+
+ANDREW JOHNSON.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ THOMAS A.R. NELSON,
+ WILLIAM M. EVARTS,
+ W.S. GROESBECK,
+
+_Of Counsel_.
+
+
+
+[For Exhibits A and B see veto message of March 2, 1867, pp. 492-498,
+and special message of December 12, 1867, pp. 583-594.]
+
+
+
+EXHIBIT C.
+
+ADDRESS TO THE PRESIDENT BY HON. REVERDY JOHNSON, AUGUST, 18, 1866.
+
+Mr. PRESIDENT: We are before you as a committee of the National Union
+Convention, which met in Philadelphia on Tuesday, the 14th instant,
+charged with the duty of presenting you with an authentic copy of its
+proceedings.
+
+Before placing it in your hands you will permit us to congratulate
+you that in the object for which the convention was called, in the
+enthusiasm with which in every State and Territory the call was
+responded to, in the unbroken harmony of its deliberations, in the
+unanimity with which the principles it has declared were adopted, and
+more especially in the patriotic and constitutional character of the
+principles themselves, we are confident that you and the country will
+find gratifying and cheering evidence that there exists among the people
+a public sentiment which renders an early and complete restoration of
+the Union as established by the Constitution certain and inevitable.
+Party faction, seeking the continuance of its misrule, may momentarily
+delay it, but the principles of political liberty for which our
+fathers successfully contended, and to secure which they adopted the
+Constitution, are so glaringly inconsistent with the condition in
+which the country has been placed by such misrule that it will not
+be permitted a much longer duration.
+
+We wish, Mr. President, you could have witnessed the spirit of concord
+and brotherly affection which animated every member of the convention.
+Great as your confidence has ever been in the intelligence and
+patriotism of your fellow-citizens, in their deep devotion to the Union
+and their present determination to reinstate and maintain it, that
+confidence would have become a positive conviction could you have seen
+and heard all that was done and said upon the occasion. Every heart
+was evidently full of joy; every eye beamed with patriotic animation;
+despondency gave place to the assurance that, our late dreadful civil
+strife ended, the blissful reign of peace, under the protection, not of
+arms, but of the Constitution and laws, would have sway, and be in every
+part of our land cheerfully acknowledged and in perfect good faith
+obeyed. You would not have doubted that the recurrence of dangerous
+domestic insurrections in the future is not to be apprehended.
+
+If you could have seen the men of Massachusetts and South Carolina
+coming into the convention on the first day of its meeting hand in hand,
+amid the rapturous applause of the whole body, awakened by heartfelt
+gratification at the event, filling the eyes of thousands with tears of
+joy, which they neither could nor desired to repress, you would have
+felt, as every person present felt, that the time had arrived when all
+sectional or other perilous dissensions had ceased, and that nothing
+should be heard in the future but the voice of harmony proclaiming
+devotion to a common country, of pride in being bound together by a
+common Union, existing and protected by forms of government proved by
+experience to be eminently fitted for the exigencies of either war or
+peace.
+
+In the principles announced by the convention and in the feeling there
+manifested we have every assurance that harmony throughout our entire
+land will soon prevail. We know that as in former days, as was
+eloquently declared by Webster, the nation's most gifted statesman,
+Massachusetts and South Carolina went "shoulder to shoulder through the
+Revolution" and stood hand in hand "around the Administration of
+Washington and felt his own great arm lean on them for support," so will
+they again, with like magnanimity, devotion, and power, stand round your
+Administration and cause you to feel that you may also lean on them for
+support.
+
+In the proceedings, Mr. President, which we are to place in your hands
+you will find that the convention performed the grateful duty imposed
+upon them by their knowledge of your "devotion to the Constitution and
+laws and interests of your country," as illustrated by your entire
+Presidential career, of declaring that in you they "recognize a Chief
+Magistrate worthy of the nation and equal to the great crisis upon
+which your lot is cast;" and in this declaration it gives us marked
+pleasure to add we are confident that the convention has but spoken the
+intelligent and patriotic sentiment of the country. Ever inaccessible to
+the low influences which often control the mere partisan, governed alone
+by an honest opinion of constitutional obligations and rights and of the
+duty of looking solely to the true interests, safety, and honor of the
+nation, such a class is incapable of resorting to any bait for
+popularity at the expense of the public good.
+
+In the measures which you have adopted for the restoration of the Union
+the convention saw only a continuance of the policy which for the same
+purpose was inaugurated by your immediate predecessor. In his reelection
+by the people, after that policy had been fully indicated and had been
+made one of the issues of the contest, those of his political friends
+who are now assailing you for sternly pursuing it are forgetful or
+regardless of the opinions which their support of his reelection
+necessarily involved. Being upon the same ticket with that much-lamented
+public servant, whose foul assassination touched the heart of the
+civilized world with grief and horror, you would have been false to
+obvious duty if you had not endeavored to carry out the same policy;
+and, judging now by the opposite one which Congress has pursued, its
+wisdom and patriotism are indicated by the fact that that of Congress
+has but continued a broken Union by keeping ten of the States in which
+at one time the insurrection existed (as far as they could accomplish
+it) in the condition of subjugated provinces, denying to them the right
+to be represented, while subjecting their people to every species of
+legislation, including that of taxation. That such a state of things is
+at war with the very genius of our Government, inconsistent with every
+idea of political freedom, and most perilous to the peace and safety of
+the country no reflecting man can fail to believe.
+
+We hope, sir, that the proceedings of the convention will cause you to
+adhere, if possible, with even greater firmness to the course which you
+are pursuing, by satisfying you that the people are with you, and that
+the wish which lies nearest to their heart is that a perfect restoration
+of our Union at the earliest moment be attained, and a conviction that
+the result can only be accomplished by the measures which you are
+pursuing. And in the discharge of the duties which these impose upon
+you we, as did every member of the convention, again for ourselves
+individually tender to you our profound respect and assurance of our
+cordial and sincere support.
+
+With a reunited Union, with no foot but that of a freeman treading or
+permitted to tread our soil, with a nation's faith pledged forever to a
+strict observance of all its obligations, with kindness and fraternal
+love everywhere prevailing, the desolations of war will soon be removed;
+its sacrifices of life, sad as they have been, will, with Christian
+resignation, be referred to a providential purpose of fixing our beloved
+country on a firm and enduring basis, which will forever place our
+liberty and happiness beyond the reach of human peril.
+
+Then, too, and forever, will our Government challenge the admiration and
+receive the respect of the nations of the world, and be in no danger of
+any efforts to impeach our honor.
+
+And permit me, sir, in conclusion, to add that, great as is your
+solicitude for the restoration of our domestic peace and your labors
+to that end, you have also a watchful eye to the rights of the nation,
+and that any attempt by an assumed or actual foreign power to enforce
+an illegal blockade against the Government or citizens of the United
+States, to use your own mild but expressive words, "will be disallowed."
+In this determination I am sure you will receive the unanimous approval
+of your fellow-citizens.
+
+Now, sir, as the chairman of this committee, and in behalf of the
+convention, I have the honor to present you with an authentic copy
+of its proceedings.
+
+
+ Counsel for the respondent submitted the following motion:
+
+ _To the Senate of the United States sitting as a court of impeachment_:
+
+ And now, on this 23d day of March, in the year 1868, the counsel for
+ the President of the United States, upon reading and filing his answer
+ to the articles of impeachment exhibited against him, respectfully
+ represent to the honorable court that after the replication shall have
+ been filed to the said answer the due and proper preparation of and for
+ the trial of the cause will require, in the opinion and judgment of such
+ counsel, that a period of not less than thirty days should be allowed to
+ the President of the United States and his counsel for such preparation,
+ and before the said trial should proceed.
+
+ HENRY STANBERY,
+ B.R. CURTIS,
+ THOMAS A.R. NELSON,
+ WM. M. EVARTS,
+ W.S. GROESBECK,
+
+ _Of Counsel_.
+
+
+
+TUESDAY, MARCH 24, 1868.
+
+UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES TO
+THE ANSWER OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, TO THE
+ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF
+REPRESENTATIVES.
+
+The House of Representatives of the United States have considered the
+several answers of Andrew Johnson, President of the United States, to
+the several articles of impeachment against him, by them exhibited in
+the name of themselves and of all the people of the United States, and
+reserving to themselves all advantage of exception to the insufficiency
+of his answer to each and all of the several articles of impeachment
+exhibited against said Andrew Johnson, President of the United States,
+do deny each and every averment in said several answers, or either
+of them, which denies or traverses the acts, intents, crimes, or
+misdemeanors charged against said Andrew Johnson in the said articles of
+impeachment, or either of them, and for replication to the said answer
+do say that said Andrew Johnson, President of the United States, is
+guilty of the high crimes and misdemeanors mentioned in said articles,
+and that the House of Representatives are ready to prove the same.
+
+SCHUYLER COLFAX,
+
+_Speaker of the House of Representatives_.
+
+EDW'D McPHERSON,
+
+_Clerk of the House of Representatives_.
+
+
+The motion of the counsel for the respondent, submitted on March 23,
+"that a period of not less than thirty days should be allowed to the
+President of the United States and his counsel for such preparation and
+before the said trial should proceed," was denied, and it was
+
+ _Ordered_. That the Senate will commence the trial of the President
+ upon the articles of impeachment exhibited against him on Monday, the
+ 30th of March instant, and proceed therein with all convenient dispatch
+ under the rules of the Senate sitting upon the trial of an impeachment.
+
+
+
+MONDAY, MAY 11, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice stated that in compliance with the desire of the
+Senate he had prepared the question to be addressed to Senators upon
+each article of impeachment, and that he had reduced his views thereon
+to writing, which he read, as follows:
+
+SENATORS: In conformity with what seemed to be the general wish of the
+Senate when it adjourned last Thursday, the Chief Justice, in taking the
+vote on the articles of impeachment, will adopt the mode sanctioned by
+the practice in the cases of Chase, Peck, and Humphreys.
+
+He will direct the Secretary to read the several articles successively,
+and after the reading of each article will put the question of guilty or
+not guilty to each Senator, rising in his place, in the form used in the
+case of Judge Chase:
+
+ Mr. Senator ----, how say you? Is the respondent, Andrew Johnson,
+ President of the United States, guilty or not guilty of a high
+ misdemeanor, as charged in this article?
+
+
+In putting the question on Articles IV and VI, each of which charges a
+crime, the word "crime" will be substituted for the word "misdemeanor."
+
+The Chief Justice has carefully considered the suggestion of the Senator
+from Indiana (Mr. Hendricks), which appeared to meet the approval of the
+Senate, that in taking the vote on the eleventh article the question
+should be put on each clause, and has found himself unable to divide the
+article as suggested. The article charges several facts, but they are so
+connected that they make but one allegation and they are charged as
+constituting one misdemeanor.
+
+The first fact charged is, in substance, that the President publicly
+declared in August, 1866, that the Thirty-ninth Congress was a Congress
+of only part of the States and not a constitutional Congress, intending
+thereby to deny its constitutional competency to enact laws or propose
+amendments of the Constitution; and this charge seems to have been made
+as introductory, and as qualifying that which follows, namely, that the
+President, in pursuance of this declaration, attempted to prevent the
+execution of the tenure-of-office act by contriving and attempting to
+contrive means to prevent Mr. Stanton from resuming the functions of
+Secretary of War after the refusal of the Senate to concur in his
+suspension, and also by contriving and attempting to contrive means to
+prevent the execution of the appropriation act of March 2, 1867, and
+also to prevent the execution of the rebel States governments act of
+the same date.
+
+The gravamen of the article seems to be that the President attempted
+to defeat the execution of the tenure-of-office act, and that he
+did this in pursuance of a declaration which was intended to deny
+the constitutional competency of Congress to enact laws or propose
+constitutional amendments, and by contriving means to prevent Mr.
+Stanton from resuming his office of Secretary, and also to prevent the
+execution of the appropriation act and the rebel States governments act.
+
+The single substantive matter charged is the attempt to prevent the
+execution of the tenure-of-office act, and the other facts are alleged
+either as introductory and exhibiting this general purpose or as showing
+the means contrived in furtherance of that attempt.
+
+This single matter, connected with the other matters previously and
+subsequently alleged, is charged as the high misdemeanor of which the
+President is alleged to have been guilty.
+
+The general question, guilty or not guilty of a high misdemeanor as
+charged, seems fully to cover the whole charge, and will be put as to
+this article as well as to the others, unless the Senate direct some
+mode of division.
+
+In the tenth article the division suggested by the Senator from New York
+(Mr. Conkling) may be more easily made. It contains a general allegation
+to the effect that on the 18th of August and on other days the
+President, with intent to set aside the rightful authority of Congress
+and bring it into contempt, delivered certain scandalous harangues, and
+therein uttered loud threats and bitter menaces against Congress and the
+laws of the United States enacted by Congress, thereby bringing the
+office of President into disgrace, to the great scandal of all good
+citizens, and sets forth in three distinct specifications the harangues,
+threats, and menaces complained of.
+
+In respect to this article, if the Senate sees fit so to direct, the
+question of guilty or not guilty of the facts charged may be taken in
+respect to the several specifications, and then the question of guilty
+or not guilty of a high misdemeanor, as charged in the article, can also
+be taken.
+
+The Chief Justice, however, sees no objection to putting the general
+question on this article in the same manner as on the others; for,
+whether particular questions be put on the specifications or not, the
+answer to the final question must be determined by the judgment of the
+Senate whether or not the facts alleged in the specifications have been
+sufficiently proved, and whether, if sufficiently proved, they amount
+to a high misdemeanor within the meaning of the Constitution.
+
+On the whole, therefore, the Chief Justice thinks that the better
+practice will be to put the general question on each article without
+attempting to make any subdivision, and will pursue this course if no
+objection is made. He will, however, be pleased to conform to such
+directions as the Senate may see fit to give in this respect.
+
+Whereupon it was
+
+ _Ordered_, That the question be put as proposed by the Presiding
+ Officer of the Senate, and each Senator shall rise in his place and
+ answer "guilty" or "not guilty" only.
+
+
+
+SATURDAY, MAY 16, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Chief Justice stated that, in pursuance of the order of the Senate,
+he would first proceed to take the judgment of the Senate on the
+eleventh article. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade,
+Williams, Willey, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators "not guilty," and declared that
+two-thirds of the Senators present not having pronounced him guilty,
+Andrew Johnson, President of the United States, stood acquitted of the
+charges contained in the eleventh article of impeachment.
+
+
+
+TUESDAY, MAY 26, 1868.
+
+THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
+
+The Senate ordered that the vote be taken upon the second article of
+impeachment. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+Williams, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators had voted "not guilty," and
+declared that two-thirds of the Senators present not having pronounced
+him guilty, Andrew Johnson, President of the United States, stood
+acquitted of the charges contained in the second article of impeachment.
+
+The Senate ordered that the vote be taken upon the third article of
+impeachment. The roll of the Senate was called, with the following
+result:
+
+The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
+Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine,
+Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy,
+Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey,
+Williams, Wilson, and Yates--35.
+
+The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks,
+Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury,
+Trumbull, Van Winkle, and Vickers--19.
+
+The Chief Justice announced that upon this article thirty-five Senators
+had voted "guilty" and nineteen Senators had voted "not guilty," and
+declared that two-thirds of the Senators present not having pronounced
+him guilty, Andrew Johnson, President of the United States, stood
+acquitted of the charges contained in the third article.
+
+No objection being made, the secretary, by direction of the Chief
+Justice, entered the judgment of the Senate upon the second, third,
+and eleventh articles, as follows:
+
+The Senate having tried Andrew Johnson, President of the United States,
+upon articles of impeachment exhibited against him by the House of
+Representatives, and two-thirds of the Senators present not having found
+him guilty of the charges contained in the second, third, and eleventh
+articles of impeachment, it is therefore
+
+_Ordered and adjudged_, That the said Andrew Johnson, President of the
+United States, be, and he is, acquitted of the charges in said articles
+made and set forth.
+
+A motion "that the Senate sitting for the trial of the President upon
+articles of impeachment do now adjourn without day" was adopted by a
+vote of 34 yeas to 16 nays.
+
+Those who voted in the affirmative are Messrs. Anthony, Cameron,
+Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds,
+Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Maine, Morrill
+of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey,
+Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade,
+Willey, Williams, Wilson, and Yates.
+
+Those who voted in the negative are Messrs. Bayard, Buckalew, Davis,
+Dixon, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery,
+Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, and Vickers.
+
+The Chief Justice declared the Senate sitting as a court of impeachment
+for the trial of Andrew Johnson, President of the United States, upon
+articles of impeachment exhibited against him by the House of
+Representatives, adjourned without day.
+
+
+
+
+ADDENDA.
+
+
+[An injunction of secrecy having been placed upon the following messages
+by the Senate, they were not printed in the Executive Journal covering
+their period, but were found in the imprinted Executive Journal of the
+Forty-first Congress while searching for copy for Volume VII, and
+consequently too late for insertion in their proper places in this
+volume.]
+
+
+
+WASHINGTON, _January 29, 1869_.
+
+_To the Senate_:
+
+Referring to the three Executive communications of the 15th instant,
+with which were transmitted to the Senate, respectively, a copy of a
+convention between the United States and Great Britain upon the subject
+of claims, a copy of a convention between the same parties in relation
+to the question of boundary, and a protocol of a treaty between the same
+parties concerning the rights of naturalized citizens and subjects of
+the respective parties, I now transmit a copy of such correspondence
+upon those subjects as has not been heretofore communicated to the
+Senate.
+
+In the progress of the negotiation the three subjects became to such a
+degree associated with each other that it would be difficult to present
+separately the correspondence upon each. The papers are therefore
+transmitted in the order in which they are mentioned in the accompanying
+list.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to the Executive communication of the 15th instant, which
+was accompanied by a copy of a convention between the United States
+and Great Britain for the settlement of all outstanding claims, I now
+transmit to the Senate the original of that instrument, and a report of
+the Secretary of State pointing out the differences between the copy as
+submitted to the Senate and the original as signed by the
+plenipotentiaries.
+
+ANDREW JOHNSON.
+
+
+
+WASHINGTON, _January 30, 1869_.
+
+_To the Senate of the United States_:
+
+Referring to the Executive communication of the 15th instant, which was
+accompanied by a copy of a convention between the United States and
+Great Britain providing for the reference to an arbiter of the question
+of difference between the United States and Great Britain concerning the
+northwest line of water boundary between the United States and the
+British possessions in North America, I now transmit to the Senate the
+original of that instrument, and a report of the Secretary of State
+pointing out the differences between the copy as submitted to the Senate
+and the original as signed by the plenipotentiaries.
+
+ANDREW JOHNSON.
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
+*** END OF THIS PROJECT GUTENBERG EBOOK ANDREW JOHNSON ***
+
+***** This file should be named 12755.txt or 12755.zip *****
+This and all associated files of various formats will be found in:
+ https://www.gutenberg.org/1/2/7/5/12755/
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties. Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark. Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission. If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy. You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research. They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks. Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+https://gutenberg.org/license).
+
+
+Section 1. General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A. By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement. If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B. "Project Gutenberg" is a registered trademark. It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement. There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement. See
+paragraph 1.C below. There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works. See paragraph 1.E below.
+
+1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works. Nearly all the individual works in the
+collection are in the public domain in the United States. If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed. Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work. You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D. The copyright laws of the place where you are located also govern
+what you can do with this work. Copyright laws in most countries are in
+a constant state of change. If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work. The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E. Unless you have removed all references to Project Gutenberg:
+
+1.E.1. The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2. If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges. If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3. If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder. Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5. Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6. You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form. However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form. Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7. Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8. You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+ the use of Project Gutenberg-tm works calculated using the method
+ you already use to calculate your applicable taxes. The fee is
+ owed to the owner of the Project Gutenberg-tm trademark, but he
+ has agreed to donate royalties under this paragraph to the
+ Project Gutenberg Literary Archive Foundation. Royalty payments
+ must be paid within 60 days following each date on which you
+ prepare (or are legally required to prepare) your periodic tax
+ returns. Royalty payments should be clearly marked as such and
+ sent to the Project Gutenberg Literary Archive Foundation at the
+ address specified in Section 4, "Information about donations to
+ the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+ you in writing (or by e-mail) within 30 days of receipt that s/he
+ does not agree to the terms of the full Project Gutenberg-tm
+ License. You must require such a user to return or
+ destroy all copies of the works possessed in a physical medium
+ and discontinue all use of and all access to other copies of
+ Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+ money paid for a work or a replacement copy, if a defect in the
+ electronic work is discovered and reported to you within 90 days
+ of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+ distribution of Project Gutenberg-tm works.
+
+1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark. Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1. Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection. Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from. If you
+received the work on a physical medium, you must return the medium with
+your written explanation. The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund. If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund. If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4. Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5. Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law. The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section 2. Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers. It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, is critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come. In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at https://www.pglaf.org.
+
+
+Section 3. Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service. The Foundation's EIN or federal tax identification
+number is 64-6221541. Its 501(c)(3) letter is posted at
+https://pglaf.org/fundraising. Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations. Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org. Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at https://pglaf.org
+
+For additional contact information:
+ Dr. Gregory B. Newby
+ Chief Executive and Director
+ gbnewby@pglaf.org
+
+
+Section 4. Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment. Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States. Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements. We do not solicit donations in locations
+where we have not received written confirmation of compliance. To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit https://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States. U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses. Donations are accepted in a number of other
+ways including including checks, online payments and credit card
+donations. To donate, please visit: https://pglaf.org/donate
+
+
+Section 5. General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart was the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone. For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included. Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+ https://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
diff --git a/old/12755.zip b/old/12755.zip
new file mode 100644
index 0000000..e710916
--- /dev/null
+++ b/old/12755.zip
Binary files differ