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diff --git a/12755-0.txt b/12755-0.txt new file mode 100644 index 0000000..e564b47 --- /dev/null +++ b/12755-0.txt @@ -0,0 +1,26718 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 12755 *** + +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. ChaÃfee 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 THE PROJECT GUTENBERG EBOOK 12755 *** |