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diff --git a/12755-h/12755-h.htm b/12755-h/12755-h.htm new file mode 100644 index 0000000..145dca4 --- /dev/null +++ b/12755-h/12755-h.htm @@ -0,0 +1,30008 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html lang="en"> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=UTF-8"> +<meta content="pg2html (binary v0.16)" + name="generator"> +<title>The Project Gutenberg eBook of + A Compilation of the Messages and Papers Of The Presidents, + by James D. Richardson +</title> +<style type="text/css"> + <!-- + body { margin-left: 5%; margin-right: 5%; } + p { text-indent: 1em; + margin-top: .75em; + font-size: 100%; + text-align: justify; + margin-bottom: .75em; } + h1,h2,h3,h4,h5,h6 { text-align: center; } + hr { width: 50%; } + hr.full { width: 100%; } + .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; } + .toc { margin-left: 15%; font-size: 80%; margin-bottom: 0em;} + center { padding: 0.8em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; } + // --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 12755 ***</div> + +<div style="height: 8em;"><br><br><br><br><br><br><br><br></div> +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS +</h1> +<center><b> + BY JAMES D. RICHARDSON +</b></center> +<div style="height: 4em;"><br><br><br><br></div> +<hr> +<h2> + Andrew Johnson +</h2> +<h3> + April 15, 1865, to March 4, 1869 +</h3> +<hr> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + Andrew Johnson +</h2> +<p> + Andrew Johnson was born in Raleigh, N.C., December 29, 1808. His parents + were very poor. When he was 4 years old his father died of injuries + received in rescuing a person from drowning. At the age of 10 years + Andrew was apprenticed to a tailor. His early education was almost + entirely neglected, and, notwithstanding his natural craving to learn, + he never spent a day in school. Was taught the alphabet by a + fellow-workman, borrowed a book, and learned to read. In 1824 removed to + Laurens Court-House, S.C., where he worked as a journeyman tailor. In + May, 1826, returned to Raleigh, and in September, with his mother and + stepfather, set out for Greeneville, Tenn., in a two-wheeled cart drawn + by a blind pony. Here he married Eliza McCardle, a woman of refinement, + who taught him to write, and read to him while he was at work during the + day. It was not until he had been in Congress that he learned to write + with ease. From Greeneville went to the West, but returned after the + lapse of a year. In 1828 was elected alderman; was reelected in 1829 and + 1830, and in 1830 was advanced to the mayoralty, which office he held + for three years. In 1831 was appointed by the county court a trustee + of Rhea Academy, and about this time participated in the debates of a + society at Greeneville College. In 1834 advocated the adoption of a new + State constitution, by which the influence of the large landholders was + abridged. In 1835 represented Greene and Washington counties in the + legislature. Was defeated for the legislature in 1837, but in 1839 was + reelected. In 1836 supported Hugh L. White for the Presidency, and in + the political altercations between John Bell and James K. Polk, which + distracted Tennessee at the time, supported the former. Mr. Johnson was + the only ardent follower of Bell that failed to go over to the Whig + party. Was an elector for the State at large on the Van Buren ticket in + 1840, and made a State reputation by the force of his oratory. In 1841 + was elected to the State senate from Greene and Hawkins counties, and + while in that body was one of the "immortal thirteen" Democrats who, + having it in their power to prevent the election of a Whig Senator, did + so by refusing to meet the house in joint convention; also proposed that + the basis of representation should rest upon white votes, without regard + to the ownership of slaves. Was elected to Congress in 1843 over John A. + Asken, a United States Bank Democrat, who was supported by the Whigs. + His first speech was in support of the resolution to restore to General + Jackson the fine imposed upon him at New Orleans; also supported the + annexation of Texas. In 1845 was reelected, and supported Polk's + Administration. Was regularly reelected to Congress until 1853. During + this period opposed all expenditures for internal improvements that were + not general; resisted and defeated the proposed contingent tax of 10 per + cent on tea and coffee; made his celebrated defense of the veto power; + urged the adoption of the homestead law, which was obnoxious to the + extreme Southern element of his party; supported the compromise measures + of 1850 as a matter of expediency, but opposed compromises in general + as a sacrifice of principle. Was elected governor of Tennessee in 1853 + over Gustavus A. Henry, the "Eagle Orator" of the State. In his message + to the legislature he dwelt upon the homestead law and other measures + for the benefit of the working classes, and earned the title of + the "Mechanic Governor." Opposed the Know-nothing movement with + characteristic vehemence. Was reelected governor in 1855, defeating + Meredith P. Gentry, the Whig-American candidate, after a most remarkable + canvass. The Kansas-Nebraska bill received his earnest support. In 1857 + was elected to the United States Senate, where he urged the passage of + the homestead bill, and on May 20, 1858, made his greatest speech on + this subject. Opposed the grant of aid for the construction of a Pacific + railroad. Was prominent in debate, and frequently clashed with Southern + supporters of the Administration. His pronounced Unionism estranged him + from the extremists on the Southern side, while his acceptance of + slavery as an institution guaranteed by the Constitution caused him + to hold aloof from the Republicans on the other. At the Democratic + convention at Charleston, S.C., in 1860 was a candidate for the + Presidential nomination, but received only the vote of Tennessee, and + when the convention reassembled in Baltimore withdrew his name. In the + canvass that followed supported John C. Breckinridge. At the session + of Congress beginning in December, 1860, took decided and unequivocal + grounds in opposition to secession, and on December 13 introduced a + joint resolution proposing to amend the Constitution so as to elect the + President and Vice-President by district votes, Senators by a direct + popular vote, and to limit the terms of Federal judges to twelve + years, the judges to be equally divided between slaveholding and + non-slaveholding States. In his speech on this resolution, December 18 + and 19, declared his unyielding opposition to secession and announced + his intention to stand by and act under the Constitution. Retained + his seat in the Senate until appointed by President Lincoln military + governor of Tennessee, March 4, 1862. March 12 reached Nashville, and + organized a provisional government for the State; March 18 issued a + proclamation in which he appealed to the people to return to their + allegiance, to uphold the law, and to accept "a full and complete + amnesty for all past acts and declarations;" April 5 removed the mayor + and other officials of Nashville for refusing to take the oath of + allegiance to the United States, and appointed others; urged the holding + of Union meetings throughout the State, and frequently attended them in + person; completed the railroad from Nashville to the Tennessee River; + raised twenty-five regiments for service in the State; December 8, 1862, + issued a proclamation ordering Congressional elections, and on the 15th + levied an assessment upon the richer Southern sympathizers "in behalf of + the many helpless widows, wives, and children in the city of Nashville + who have been reduced to poverty and wretchedness in consequence of + their husbands, sons, and fathers having been forced into the armies of + this unholy and nefarious rebellion." Was nominated for Vice-President + of the United States at the national Republican convention at Baltimore + June 8, 1864, and was elected on November 8. In his letter of acceptance + of the nomination Mr. Johnson virtually disclaimed any departure from + his principles as a Democrat, but placed his acceptance upon the ground + of "the higher duty of first preserving the Government." On the night of + the 14th of April, 1865, President Lincoln was shot by an assassin and + died the next morning. At 11 o'clock a.m. April 15 Mr. Johnson was sworn + in as President, at his rooms in the Kirkwood House, Washington, by + Chief Justice Chase, in the presence of nearly all the Cabinet officers + and others. April 29, 1865, issued a proclamation for the removal of + trade restrictions in most of the insurrectionary States, which, being + in contravention of an act of Congress, was subsequently modified. + May 9 issued an Executive order restoring Virginia to the Union. May 22 + proclaimed all ports, except four in Texas, opened to foreign commerce + on July 1, 1865. May 29 issued a general amnesty proclamation, after + which the fundamental and irreconcilable differences between President + Johnson and the party that had elevated him to power became more + apparent. He exercised the veto power to a very great extent, but it was + generally nullified by the two-thirds votes of both Houses. From May 29 + to July 13, 1865, proclaimed provisional governors for North Carolina, + Mississippi, Georgia, Texas, Alabama, South Carolina, and Florida, whose + duties were to reorganize the State governments. The State governments + were reorganized, but the Republicans claimed that the laws passed were + so stringent in reference to the negroes that it was a worse form of + slavery than the old. The thirteenth amendment to the Constitution + became a law December 18, 1865, with Mr. Johnson's concurrence. The first + breach between the President and the party in power was the veto of the + Freedmen's Bureau bill, in February, 1866, which was designed to protect + the negroes. March 27 vetoed the civil-rights bill, but it was passed + over his veto. In a message of June 22, 1866, opposed the joint + resolution proposing the fourteenth amendment to the Constitution. In + June, 1866, the Republicans in Congress brought forward their plan of + reconstruction, called the "Congressional plan," in contradistinction + to that of the President. The chief features of the Congressional plan + were to give the negroes the right to vote, to protect them in this + right, and to prevent Confederate leaders from voting. January 5, 1867, + vetoed the act giving negroes the right of suffrage in the District + of Columbia, but it was passed over his veto. An attempt was made to + impeach the President, but it failed. In January, 1867, a bill was + passed to deprive the President of the power to proclaim general + amnesty, which he disregarded. Measures were adopted looking to the + meeting of the Fortieth and all subsequent Congresses immediately after + the adjournment of the preceding. The President was deprived of the + command of the Army by a rider to the army appropriation bill, which + provided that his orders should only be given through the General, who + was not to be removed without the previous consent of the Senate. The + bill admitting Nebraska, providing that no law should ever be passed in + that State denying the right of suffrage to any person because of his + color or race, was vetoed by the President, but passed over his veto. + March 2, 1867, vetoed the act to provide for the more efficient + government of the rebel States, but it was passed over his veto. + It embodied the Congressional plan of reconstruction, and divided the + Southern States into five military districts, each under an officer of + the Army not under the rank of brigadier-general, who was to exercise + all the functions of government until the citizens had "formed a + constitution of government in conformity with the Constitution + of the United States in all respects." On the same day vetoed the + tenure-of-office act, which was also passed over his veto. It provided + that civil officers should remain in office until the confirmation of + their successors; that the members of the Cabinet should be removed + only with the consent of the Senate, and that when Congress was not in + session the President could suspend but not remove any official, and in + case the Senate at the next session should not ratify the suspension the + suspended official should be reinducted into his office. August 5, 1867, + requested Edwin M. Stanton to resign his office as Secretary of War. + Mr. Stanton refused, was suspended, and General Grant was appointed + Secretary of War <i>ad interim</i>. When Congress met, the Senate + refused to ratify the suspension. General Grant then resigned, and Mr. + Stanton resumed the duties of his office. The President removed him and + appointed Lorenzo Thomas, Adjutant-General of the Army, Secretary of War + <i>ad interim</i>. The Senate declared this act illegal, and Mr. Stanton + refused to comply, and notified the Speaker of the House. On February + 24, 1868, the House of Representatives resolved to impeach the + President, and on March 2 and 3 articles of impeachment were agreed upon + by the House of Representatives, and on the 4th were presented to the + Senate. The trial began on March 30. May 16 the test vote was had; + thirty-five Senators voted for conviction and nineteen for acquittal. A + change of one vote would have carried conviction. A verdict of acquittal + was entered, and the Senate sitting as a court of impeachment adjourned + <i>sine die</i>. After the expiration of his term the ex-President + returned to Tennessee. Was a candidate for the United States Senate, but + was defeated. In 1872 was an unsuccessful candidate for Congressman from + the State at large. In January, 1875, was elected to the United States + Senate, and took his seat at the extra session of that year. Shortly + after the session began made a speech which was a skillful but bitter + attack upon President Grant. While visiting his daughter near + Elizabethton, in Carter County, Tenn., was stricken with paralysis July + 30, 1875, and died the following day. He was buried at Greeneville, Tenn. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + INAUGURAL ADDRESS. +</h2> +<center> + [From the Sunday Morning Chronicle, Washington, April 16, 1865, and + The Sun, Baltimore, April 17, 1865.] +</center> +<p> + GENTLEMEN: I must be permitted to say that I have been almost + overwhelmed by the announcement of the sad event which has so recently + occurred. I feel incompetent to perform duties so important and + responsible as those which have been so unexpectedly thrown upon me. + As to an indication of any policy which may be pursued by me in the + administration of the Government, I have to say that that must be left + for development as the Administration progresses. The message or + declaration must be made by the acts as they transpire. The only + assurance that I can now give of the future is reference to the past. + The course which I have taken in the past in connection with this + rebellion must be regarded as a guaranty of the future. My past public + life, which has been long and laborious, has been founded, as I in good + conscience believe, upon a great principle of right, which lies at the + basis of all things. The best energies of my life have been spent in + endeavoring to establish and perpetuate the principles of free + government, and I believe that the Government in passing through its + present perils will settle down upon principles consonant with popular + rights more permanent and enduring than heretofore. I must be permitted + to say, if I understand the feelings of my own heart, that I have long + labored to ameliorate and elevate the condition of the great mass of the + American people. Toil and an honest advocacy of the great principles of + free government have been my lot. Duties have been mine; consequences + are God's. This has been the foundation of my political creed, and I + feel that in the end the Government will triumph and that these great + principles will be permanently established. +</p> +<p> + In conclusion, gentlemen, let me say that I want your encouragement and + countenance. I shall ask and rely upon you and others in carrying the + Government through its present perils. I feel in making this request + that it will be heartily responded to by you and all other patriots + and lovers of the rights and interests of a free people. +</p> +<p> + APRIL 15, 1865. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, by my direction, the Acting Secretary of State, in a notice to + the public of the 17th, requested the various religious denominations + to assemble on the 19th instant, on the occasion of the obsequies of + Abraham Lincoln, late President of the United States, and to observe the + same with appropriate ceremonies; but +</p> +<p> + Whereas our country has become one great house of mourning, where the + head of the family has been taken away, and believing that a special + period should be assigned for again humbling ourselves before Almighty + God, in order that the bereavement may be sanctified to the nation: +</p> +<p> + Now, therefore, in order to mitigate that grief on earth which can + only be assuaged by communion with the Father in heaven, and in + compliance with the wishes of Senators and Representatives in Congress, + communicated to me by resolutions adopted at the National Capitol, + I, Andrew Johnson, President of the United States, do hereby appoint + Thursday, the 25th day of May next, to be observed, wherever in the + United States the flag of the country may be respected, as a day of + humiliation and mourning, and I recommend my fellow citizens then to + assemble in their respective places of worship, there to unite in solemn + service to Almighty God in memory of the good man who has been removed, + so that all shall be occupied at the same time in contemplation of his + virtues and in sorrow for his sudden and violent end. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 25th day of April, A.D. 1865, and + of the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by my proclamation of the 25th instant Thursday, the 25th day of + next month, was recommended as a day for special humiliation and prayer + in consequence of the assassination of Abraham Lincoln, late President + of the United States; but +</p> +<p> + Whereas my attention has since been called to the fact that the day + aforesaid is sacred to large numbers of Christians as one of rejoicing + for the ascension of the Savior: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby suggest that the religious services recommended + as aforesaid should be postponed until Thursday, the 1st day of June + next. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 29th day of April, A.D. 1865, and + of the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it appears from evidence in the Bureau of Military Justice that + the atrocious murder of the late President, Abraham Lincoln, and the + attempted assassination of the Hon. William H. Seward, Secretary of + State, were incited, concerted, and procured by and between Jefferson + Davis, late of Richmond, Va., and Jacob Thompson, Clement C. Clay, + Beverley Tucker, George N. Sanders, William C. Cleary, and other rebels + and traitors against the Government of the United States harbored in + Canada: +</p> +<p> + Now, therefore, to the end that justice may be done, I, Andrew Johnson, + President of the United States, do offer and promise for the arrest of + said persons, or either of them, within the limits of the United States, + so that they can be brought to trial, the following rewards: +</p> +<p> + One hundred thousand dollars for the arrest of Jefferson Davis. +</p> +<p> + Twenty-five thousand dollars for the arrest of Clement C. Clay. +</p> +<p> + Twenty-five thousand dollars for the arrest of Jacob Thompson, late of + Mississippi. +</p> +<p> + Twenty-five thousand dollars for the arrest of George N. Sanders. +</p> +<p> + Twenty-five thousand dollars for the arrest of Beverley Tucker. +</p> +<p> + Ten thousand dollars for the arrest of William C. Cleary, late clerk of + Clement C. Clay. +</p> +<p> + The Provost-Marshal-General of the United States is directed to cause + a description of said persons, with notice of the above rewards, to be + published. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of May, A.D. 1865, and of + the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the President of the United States, by his proclamation of the + 19th day of April, 1861, did declare certain States therein mentioned in + insurrection against the Government of the United States; and +</p> +<p> + Whereas armed resistance to the authority of this Government in the said + insurrectionary States may be regarded as virtually at an end, and the + persons by whom that resistance, as well as the operations of insurgent + cruisers, was directed are fugitives or captives; and +</p> +<p> + Whereas it is understood that some of those cruisers are still infesting + the high seas and others are preparing to capture, burn, and destroy + vessels of the United States: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, hereby enjoin all naval, military, and civil officers of + the United States diligently to endeavor, by all lawful means, to arrest + the said cruisers and to bring them into a port of the United States, in + order that they may be prevented from committing further depredations on + commerce and that the persons on board of them may no longer enjoy + impunity for their crimes. +</p> +<p> + And I do further proclaim and declare that if, after a reasonable time + shall have elapsed for this proclamation to become known in the ports of + nations claiming to have been neutrals, the said insurgent cruisers and + the persons on board of them shall continue to receive hospitality in + the said ports, this Government will deem itself justified in refusing + hospitality to the public vessels of such nations in ports of the United + States and in adopting such other measures as may be deemed advisable + toward vindicating the national sovereignty. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 10th day of May, A.D. 1865, and + of the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by the proclamation of the President of the 11th day of April + last certain ports of the United States therein specified, which had + previously been subject to blockade, were, for objects of public safety, + declared, in conformity with previous special legislation of Congress, + to be closed against foreign commerce during the national will, to be + thereafter expressed and made known by the President; and +</p> +<p> + Whereas events and circumstances have since occurred which, in my + judgment, render it expedient to remove that restriction, except as to + the ports of Galveston, La Salle, Brazos de Santiago (Point Isabel), and + Brownsville, in the State of Texas: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby declare that the ports aforesaid, not excepted + as above, shall be open to foreign commerce from and after the 1st day + of July next; that commercial intercourse with the said ports may from + that time be carried on, subject to the laws of the United States and in + pursuance of such regulations as may be prescribed by the Secretary of + the Treasury. If, however, any vessel from a foreign port shall enter + any of the before-named excepted ports in the State of Texas, she will + continue to be held liable to the penalties prescribed by the act of + Congress approved on the 13th day of July, 1861, and the persons on + board of her to such penalties as may be incurred, pursuant to the laws + of war, for trading or attempting to trade with an enemy. +</p> +<p> + And I, Andrew Johnson, President of the United States, do hereby declare + and make known that the United States of America do henceforth disallow + to all persons trading or attempting to trade in any ports of the United + States in violation of the laws thereof all pretense of belligerent + rights and privileges; and I give notice that from the date of this + proclamation all such offenders will be held and dealt with as pirates. +</p> +<p> + It is also ordered that all restrictions upon trade heretofore imposed + in the territory of the United States east of the Mississippi River, + save those relating to contraband of war, to the reservation of the + rights of the United States to property purchased in the territory of an + enemy, and to the 25 per cent upon purchases of cotton be removed. All + provisions of the internal-revenue law will be carried into effect under + the proper officers. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 22d day of May, A.D. 1865, and of + the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the President of the United States, on the 8th day of December, + A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the object + to suppress the existing rebellion, to induce all persons to return to + their loyalty, and to restore the authority of the United States, issue + proclamations offering amnesty and pardon to certain persons who had, + directly or by implication, participated in the said rebellion; and +</p> +<p> + Whereas many persons who had so engaged in said rebellion have, since + the issuance of said proclamations, failed or neglected to take the + benefits offered thereby; and +</p> +<p> + Whereas many persons who have been justly deprived of all claim to + amnesty and pardon thereunder by reason of their participation, directly + or by implication, in said rebellion and continued hostility to the + Government of the United States since the date of said proclamations now + desire to apply for and obtain amnesty and pardon. +</p> +<p> + To the end, therefore, that the authority of the Government of the + United States may be restored and that peace, order, and freedom may + be established, I, Andrew Johnson, President of the United States, + do proclaim and declare that I hereby grant to all persons who have, + directly or indirectly, participated in the existing rebellion, except + as hereinafter excepted, amnesty and pardon, with restoration of all + rights of property, except as to slaves and except in cases where legal + proceedings under the laws of the United States providing for the + confiscation of property of persons engaged in rebellion have been + instituted; but upon the condition, nevertheless, that every such person + shall take and subscribe the following oath (or affirmation) and + thenceforward keep and maintain said oath inviolate, and which oath + shall be registered for permanent preservation and shall be of the tenor + and effect following, to wit: +</p> +<p class="q"> + I —— —— do solemnly swear (or affirm), in presence of Almighty + God, that I will henceforth faithfully support, protect, and defend + the Constitution of the United States and the Union of the States + thereunder, and that I will in like manner abide by and faithfully + support all laws and proclamations which have been made during the + existing rebellion with reference to the emancipation of slaves. + So help me God. +</p> +<p> + The following classes of persons are excepted from the benefits of this + proclamation: +</p> +<p> + First. All who are or shall have been pretended civil or diplomatic + officers or otherwise domestic or foreign agents of the pretended + Confederate government. +</p> +<p> + Second. All who left judicial stations under the United States to aid + the rebellion. +</p> +<p> + Third. All who shall have been military or naval officers of said + pretended Confederate government above the rank of colonel in the army + or lieutenant in the navy. +</p> +<p> + Fourth. All who left seats in the Congress of the United States to aid + the rebellion. +</p> +<p> + Fifth. All who resigned or tendered resignations of their commissions in + the Army or Navy of the United States to evade duty in resisting the + rebellion. +</p> +<p> + Sixth. All who have engaged in any way in treating otherwise than + lawfully as prisoners of war persons found in the United States service + as officers, soldiers, seamen, or in other capacities. +</p> +<p> + Seventh. All persons who have been or are absentees from the United + States for the purpose of aiding the rebellion. +</p> +<p> + Eighth. All military and naval officers in the rebel service who were + educated by the Government in the Military Academy at West Point or the + United States Naval Academy. +</p> +<p> + Ninth. All persons who held the pretended offices of governors of States + in insurrection against the United States. +</p> +<p> + Tenth. All persons who left their homes within the jurisdiction and + protection of the United States and passed beyond the Federal military + lines into the pretended Confederate States for the purpose of aiding + the rebellion. +</p> +<p> + Eleventh. All persons who have been engaged in the destruction of the + commerce of the United States upon the high seas and all persons who + have made raids into the United States from Canada or been engaged in + destroying the commerce of the United States upon the lakes and rivers + that separate the British Provinces from the United States. +</p> +<p> + Twelfth. All persons who, at the time when they seek to obtain the + benefits hereof by taking the oath herein prescribed, are in military, + naval, or civil confinement or custody, or under bonds of the civil, + military, or naval authorities or agents of the United States as + prisoners of war, or persons detained for offenses of any kind, either + before or after conviction. +</p> +<p> + Thirteenth. All persons who have voluntarily participated in said + rebellion and the estimated value of whose taxable property is over + $20,000. +</p> +<p> + Fourteenth. All persons who have taken the oath of amnesty as prescribed + in the President's proclamation of December 8, A.D. 1863, or an oath of + allegiance to the Government of the United States since the date of said + proclamation and who have not thenceforward kept and maintained the same + inviolate. +</p> +<p> + <i>Provided</i>, That special application may be made to the President + for pardon by any person belonging to the excepted classes, and such + clemency will be liberally extended as may be consistent with the facts + of the case and the peace and dignity of the United States. +</p> +<p> + The Secretary of State will establish rules and regulations for + administering and recording the said amnesty oath, so as to insure its + benefit to the people and guard the Government against fraud. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 29th day of May, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of North + Carolina of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of North Carolina in + securing them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint William W. Holden provisional governor of the State of North + Carolina, whose duty it shall be, at the earliest practicable period, to + prescribe such rules and regulations as may be necessary and proper for + convening a convention composed of delegates to be chosen by that + portion of the people of said State who are loyal to the United States, + and no others, for the purpose of altering or amending the constitution + thereof, and with authority to exercise within the limits of said State + all the powers necessary and proper to enable such loyal people of the + State of North Carolina to restore said State to its constitutional + relations to the Federal Government and to present such a republican + form of State government as will entitle the State to the guaranty of + the United States therefor and its people to protection by the United + States against invasion, insurrection, and domestic violence: + <i>Provided</i>, That in any election that may be hereafter held for + choosing delegates to any State convention as aforesaid no person shall + be qualified as an elector or shall be eligible as a member of such + convention unless he shall have previously taken and subscribed the oath + of amnesty as set forth in the President's proclamation of May 29, A.D. + 1865, and is a voter qualified as prescribed by the constitution and + laws of the State of North Carolina in force immediately before the 20th + day of May, A.D. 1861, the date of the so-called ordinance of secession; + and the said convention, when convened, or the legislature that may be + thereafter assembled, will prescribe the qualification of electors and + the eligibility of persons to hold office under the constitution and + laws of the State—a power the people of the several States composing + the Federal Union have rightfully exercised from the origin of the + Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which North + Carolina is included proceed to hold courts within said State in + accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 29th day of May, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of + Mississippi of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of Mississippi in + securing them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do + hereby appoint William L. Sharkey, of Mississippi, provisional governor + of the State of Mississippi, whose duty it shall be, at the earliest + practicable period, to prescribe such rules and regulations as may be + necessary and proper for convening a convention composed of delegates + to be chosen by that portion of the people of said State who are loyal + to the United States, and no others, for the purpose of altering or + amending the constitution thereof, and with authority to exercise within + the limits of said State all the powers necessary and proper to enable + such loyal people of the State of Mississippi to restore said State to + its constitutional relations to the Federal Government and to present + such a republican form of State government as will entitle the State to + the guaranty of the United States therefor and its people to protection + by the United States against invasion, insurrection, and domestic + violence: <i>Provided</i>, That in any election that may be hereafter + held for choosing delegates to any State convention as aforesaid no + person shall be qualified as an elector or shall be eligible as a member + of such convention unless he shall have previously taken and subscribed + the oath of amnesty as set forth in the President's proclamation of + May 29, A.D. 1865, and is a voter qualified as prescribed by the + constitution and laws of the State of Mississippi in force immediately + before the 9th of January, A.D. 1861, the date of the so-called + ordinance of secession; and the said convention, when convened, or + the legislature that may be thereafter assembled, will prescribe the + qualification of electors and the eligibility of persons to hold office + under the constitution and laws of the State—a power the people of the + several States composing the Federal Union have rightfully exercised + from the origin of the Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which + Mississippi is included proceed to hold courts within said State + in accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + [SEAL.] +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 13th day of June, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by my proclamation<a href="#note-1"><small>1</small></a> of the 29th of April, 1865, all + restrictions upon internal, domestic, and commercial intercourse, + with certain exceptions therein specified and set forth, were removed + "in such parts of the States of Tennessee, Virginia, North Carolina, + South Carolina, Georgia, Florida, Alabama, Mississippi, and so much of + Louisiana as lies east of the Mississippi River as shall be embraced + within the lines of national military occupation;" and +</p> +<p> + Whereas by my proclamation of the 22d of May, 1865, for reasons therein + given, it was declared that certain ports of the United States which had + been previously closed against foreign commerce should, with certain + specified exceptions, be reopened to such commerce on and after the + 1st day of July next, subject to the laws of the United States, and in + pursuance of such regulations as might be prescribed by the Secretary + of the Treasury; and +</p> +<p> + Whereas I am satisfactorily informed that dangerous combinations against + the laws of the United States no longer exist within the State of + Tennessee; that the insurrection heretofore existing within said State + has been suppressed; that within the boundaries thereof the authority of + the United States is undisputed, and that such officers of the United + States as have been duly commissioned are in the undisturbed exercise of + their official functions: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby declare that all restrictions upon internal, + domestic, and coastwise intercourse and trade and upon the removal of + products of States heretofore declared in insurrection, reserving and + excepting only those relating to contraband of war, as hereinafter + recited, and also those which relate to the reservation of the rights + of the United States to property purchased in the territory of an enemy + heretofore imposed in the territory of the United States east of the + Mississippi River, are annulled, and I do hereby direct that they be + forthwith removed; and that on and after the 1st day of July next all + restrictions upon foreign commerce with said ports, with the exception + and reservation aforesaid, be likewise removed; and that the commerce of + said States shall be conducted under the supervision of the regularly + appointed officers of the customs provided by law, and such officers of + the customs shall receive any captured and abandoned property that may + be turned over to them under the law by the military or naval forces of + the United States and dispose of such property as shall be directed by + the Secretary of the Treasury. The following articles, contraband of + war, are excepted from the effect of this proclamation: Arms, + ammunition, all articles from which ammunition is made, and gray + uniforms and cloth. +</p> +<p> + And I hereby also proclaim and declare that the insurrection, so far as + it relates to and within the State of Tennessee and the inhabitants of + the said State of Tennessee as reorganized and constituted under their + recently adopted constitution and reorganization and accepted by them, + is suppressed, and therefore, also, that all the disabilities and + disqualifications attaching to said State and the inhabitants thereof + consequent upon any proclamation issued by virtue of the fifth section + of the act entitled "An act further to provide for the collection of + duties on imports and for other purposes," approved the 13th day of + July, 1861, are removed. +</p> +<p> + But nothing herein contained shall be considered or construed as in any + wise changing or impairing any of the penalties and forfeitures for + treason heretofore incurred under the laws of the United States or any + of the provisions, restrictions, or disabilities set forth in my + proclamation bearing date the 29th day of May, 1865, or as impairing + existing regulations for the suspension of the <i>habeas corpus</i> and + the exercise of military law in cases where it shall be necessary for + the general public safety and welfare during the existing insurrection; + nor shall this proclamation affect or in any way impair any laws + heretofore passed by Congress and duly approved by the President or any + proclamations or orders issued by him during the aforesaid insurrection + abolishing slavery or in any way affecting the relations of slavery, + whether of persons or property; but, on the contrary, all such laws and + proclamations heretofore made or issued are expressly saved and declared + to be in full force and virtue. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 13th day of June, A.D. 1865, and + of the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of + Georgia of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of Georgia in securing + them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint James Johnson, of Georgia, provisional governor of the State of + Georgia, whose duty it shall be, at the earliest practicable period, + to prescribe such rules and regulations as may be necessary and proper + for convening a convention composed of delegates to be chosen by that + portion of the people of said State who are loyal to the United States, + and no others, for the purpose of altering or amending the constitution + thereof, and with authority to exercise within the limits of said State + all the powers necessary and proper to enable such loyal people of the + State of Georgia to restore said State to its constitutional relations + to the Federal Government and to present such a republican form of State + government as will entitle the State to the guaranty of the United + States therefor and its people to protection by the United States + against invasion, insurrection, and domestic violence: <i>Provided</i>, + That in any election that may be hereafter held for choosing delegates + to any State convention as aforesaid no person shall be qualified as an + elector or shall be eligible as a member of such convention unless he + shall have previously taken and subscribed the oath of amnesty as set + forth in the President's proclamation of May 29, A.D. 1865, and is a + voter qualified as prescribed by the constitution and laws of the State + of Georgia in force immediately before the 19th of January, A.D. 1861, + the date of the so-called ordinance of secession; and the said + convention, when convened, or the legislature that may be thereafter + assembled, will prescribe the qualification of electors and the + eligibility of persons to hold office under the constitution and laws + of the State—a power the people of the several States composing the + Federal Union have rightfully exercised from the origin of the + Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which + Georgia is included proceed to hold courts within said State in + accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 17th day of June, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution + made Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of Texas + of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of the State of Texas in + securing them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint Andrew J. Hamilton, of Texas, provisional governor of the State + of Texas, whose duty it shall be, at the earliest practicable period, to + prescribe such rules and regulations as may be necessary and proper for + convening a convention composed of delegates to be chosen by that + portion of the people of said State who are loyal to the United States, + and no others, for the purpose of altering or amending the constitution + thereof, and with authority to exercise within the limits of said State + all the powers necessary and proper to enable such loyal people of the + State of Texas to restore said State to its constitutional relations to + the Federal Government and to present such a republican form of State + government as will entitle the State to the guaranty of the United + States therefor and its people to protection by the United States + against invasion, insurrection, and domestic violence: <i>Provided</i>, + That in any election that may be hereafter held for choosing delegates + to any State convention as aforesaid no person shall be qualified as an + elector or shall be eligible as a member of such convention unless he + shall have previously taken and subscribed the oath of amnesty as set + forth in the President's proclamation of May 29, A.D. 1865, and is a + voter qualified as prescribed by the constitution and laws of the State + of Texas in force immediately before the 1st day of February, A.D. 1861, + the date of the so-called ordinance of secession; and the said + convention, when convened, or the legislature that may be thereafter + assembled, will prescribe the qualification of electors and the + eligibility of persons to hold office under the constitution and laws of + the State—a power the people of the several States composing the + Federal Union have rightfully exercised from the origin of the + Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which Texas + is included proceed to hold courts within said State in accordance with + the provisions of the act of Congress. The Attorney-General will + instruct the proper officers to libel and bring to judgment, + confiscation, and sale property subject to confiscation and enforce the + administration of justice within said State in all matters within the + cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 17th day of June, A.D. 1865, and of + the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of + Alabama of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of Alabama in securing + them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint Lewis E. Parsons, of Alabama, provisional governor of the State + of Alabama, whose duty it shall be, at the earliest practicable period, + to prescribe such rules and regulations as may be necessary and proper + for convening a convention composed of delegates to be chosen by that + portion of the people of said State who are loyal to the United States, + and no others, for the purpose of altering or amending the constitution + thereof, and with authority to exercise within the limits of said State + all the powers necessary and proper to enable such loyal people of the + State of Alabama to restore said State to its constitutional relations + to the Federal Government and to present such a republican form of State + government as will entitle the State to the guaranty of the United + States therefor and its people to protection by the United States + against invasion, insurrection, and domestic violence: <i>Provided</i>, + That in any election that may be hereafter held for choosing delegates + to any State convention as aforesaid no person shall be qualified as an + elector or shall be eligible as a member of such convention unless he + shall have previously taken and subscribed the oath of amnesty as set + forth in the President's proclamation of May 29, A.D. 1865, and is a + voter qualified as prescribed by the constitution and laws of the State + of Alabama in force immediately before the 11th day of January, A.D. + 1861, the date of the so-called ordinance of secession; and the said + convention, when convened, or the legislature that may be thereafter + assembled, will prescribe the qualification of electors and the + eligibility of persons to hold office under the constitution and laws of + the State, a power the people of the several States composing the + Federal Union have rightfully exercised from the origin of the + Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which + Alabama is included proceed to hold courts within said State in + accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 21st day of June, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by the proclamations of the President of the 19th and 27th of + April, 1861, a blockade of certain ports of the United States was set on + foot; but +</p> +<p> + Whereas the reasons for that measure have ceased to exist: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby declare and proclaim the blockade aforesaid to + be rescinded as to all the ports aforesaid, including that of Galveston + and other ports west of the Mississippi River, which ports will be open + to foreign commerce on the 1st of July next on the terms and conditions + set forth in my proclamation of the 22d of May last. +</p> +<p> + It is to be understood, however, that the blockade thus rescinded was an + international measure for the purpose of protecting the sovereign rights + of the United States. The greater or less subversion of civil authority + in the region to which it applied and the impracticability of at once + restoring that in due efficiency may for a season make it advisable to + employ the Army and Navy of the United States toward carrying the laws + into effect wherever such employment may be necessary. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 23d day of June, A.D. 1865, and of + the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has been the desire of the General Government of the United + States to restore unrestricted commercial intercourse between and in the + several States as soon as the same could be safely done in view of + resistance to the authority of the United States by combinations of + armed insurgents; and +</p> +<p> + Whereas that desire has been shown in my proclamations of the 29th of + April, 1865, the 13th of June, 1865, and the 23d of June, 1865; and +</p> +<p> + Whereas it now seems expedient and proper to remove restrictions upon + internal, domestic, and coastwise trade and commercial intercourse + between and within the States and Territories west of the Mississippi + River: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby declare that all restrictions upon internal, + domestic, and coastwise intercourse and trade and upon the purchase and + removal of products of States and parts of States and Territories + heretofore declared in insurrection, lying west of the Mississippi River + (excepting only those relating to property heretofore purchased by the + agents or captured by or surrendered to the forces of the United States + and to the transportation thereto or therein on private account of arms, + ammunition, all articles from which ammunition is made, gray uniforms, + and gray cloth), are annulled; and I do hereby direct that they be + forthwith removed, and also that the commerce of such States and parts + of States shall be conducted under the supervision of the regularly + appointed officers of the customs, [who] shall receive any captured and + abandoned property that may be turned over to them under the law by the + military or naval forces of the United States and dispose of the same in + accordance with instructions on the subject issued by the Secretary of + the Treasury. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 24th day of June, A.D. 1865, and of + the Independence of the United States of America the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United States shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of South + Carolina of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of South Carolina in + securing them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint Benjamin F. Perry, of South Carolina, provisional governor of + the State of South Carolina, whose duty it shall be, at the earliest + practicable period, to prescribe such rules and regulations as may be + necessary and proper for convening a convention composed of delegates + to be chosen by that portion of the people of said State who are loyal + to the United States, and no others, for the purpose of altering or + amending the constitution thereof, and with authority to exercise within + the limits of said State all the powers necessary and proper to enable + such loyal people of the State of South Carolina to restore said State + to its constitutional relations to the Federal Government and to present + such a republican form of State government as will entitle the State to + the guaranty of the United States therefor and its people to protection + by the United States against invasion, insurrection, and domestic + violence: <i>Provided</i>, That in any election that may be hereafter + held for choosing delegates to any State convention as aforesaid no + person shall be qualified as an elector or shall be eligible as a member + of such convention unless he shall have previously taken and subscribed + the oath of amnesty as set forth in the President's proclamation + of May 29, A.D. 1865, and is a voter qualified as prescribed by + the constitution and laws of the State of South Carolina in force + immediately before the 17th day of November, A.D. 1860, the date of + the so-called ordinance of secession; and the said convention, when + convened, or the legislature that may be thereafter assembled, will + prescribe the qualification of electors and the eligibility of persons + to hold office under the constitution and laws of the State—a power the + people of the several States composing the Federal Union have rightfully + exercised from the origin of the Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws + of the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which + South Carolina is included proceed to hold courts within said + State in accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + [SEAL.] +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + Done at the city of Washington, this 30th day of June, A.D. 1865, and + of the Independence of the United States the eighty-ninth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the fourth section of the fourth article of the Constitution of + the United States declares that the United Stales shall guarantee to + every State in the Union a republican form of government and shall + protect each of them against invasion and domestic violence; and +</p> +<p> + Whereas the President of the United States is by the Constitution made + Commander in Chief of the Army and Navy, as well as chief civil + executive officer of the United States, and is bound by solemn oath + faithfully to execute the office of President of the United States and + to take care that the laws be faithfully executed; and +</p> +<p> + Whereas the rebellion which has been waged by a portion of the people of + the United States against the properly constituted authorities of the + Government thereof in the most violent and revolting form, but whose + organized and armed forces have now been almost entirely overcome, has + in its revolutionary progress deprived the people of the State of + Florida of all civil government; and +</p> +<p> + Whereas it becomes necessary and proper to carry out and enforce the + obligations of the United States to the people of Florida in securing + them in the enjoyment of a republican form of government: +</p> +<p> + Now, therefore, in obedience to the high and solemn duties imposed upon + me by the Constitution of the United States and for the purpose of + enabling the loyal people of said State to organize a State government + whereby justice may be established, domestic tranquillity insured, and + loyal citizens protected in all their rights of life, liberty, and + property, I, Andrew Johnson, President of the United States and + Commander in Chief of the Army and Navy of the United States, do hereby + appoint William Marvin provisional governor of the State of Florida, + whose duty it shall be, at the earliest practicable period, to prescribe + such rules and regulations as may be necessary and proper for convening + a convention composed of delegates to be chosen by that portion of the + people of said State who are loyal to the United States, and no others, + for the purpose of altering or amending the constitution thereof, and + with authority to exercise within the limits of said State all the + powers necessary and proper to enable such loyal people of the State of + Florida to restore said State to its constitutional relations to the + Federal Government and to present such a republican form of State + government as will entitle the State to the guaranty of the United + States therefor and its people to protection by the United States + against invasion, insurrection, and domestic violence: <i>Provided</i>, + That in any election that may be hereafter held for choosing delegates + to any State convention as aforesaid no person shall be qualified as an + elector or shall be eligible as a member of such convention unless he + shall have previously taken and subscribed the oath of amnesty as set + forth in the President's proclamation of May 29, A.D. 1865, and is a + voter qualified as prescribed by the constitution and laws of the State + of Florida in force immediately before the 10th day of January, A.D. + 1861, the date of the so-called ordinance of secession; and the said + convention, when convened, or the legislature that may be thereafter + assembled, will prescribe the qualification of electors and the + eligibility of persons to hold office under the constitution and laws of + the State—a power the people of the several States composing the + Federal Union have rightfully exercised from the origin of the + Government to the present time. +</p> +<p> + And I do hereby direct— +</p> +<p> + First. That the military commander of the department and all officers + and persons in the military and naval service aid and assist the said + provisional governor in carrying into effect this proclamation; and they + are enjoined to abstain from in any way hindering, impeding, or + discouraging the loyal people from the organization of a State + government as herein authorized. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws of + the United States the administration whereof belongs to the State + Department applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed to nominate for + appointment assessors of taxes and collectors of customs and internal + revenue and such other officers of the Treasury Department as are + authorized by law and put in execution the revenue laws of the United + States within the geographical limits aforesaid. In making appointments + the preference shall be given to qualified loyal persons residing within + the districts where their respective duties are to be performed; but if + suitable residents of the districts shall not be found, then persons + residing in other States or districts shall be appointed. +</p> +<p> + Fourth. That the Postmaster-General proceed to establish post-offices + and post routes and put into execution the postal laws of the United + States within the said State, giving to loyal residents the preference + of appointment; but if suitable residents are not found, then to appoint + agents, etc., from other States. +</p> +<p> + Fifth. That the district judge for the judicial district in which + Florida is included proceed to hold courts within said State in + accordance with the provisions of the act of Congress. The + Attorney-General will instruct the proper officers to libel and bring to + judgment, confiscation, and sale property subject to confiscation and + enforce the administration of justice within said State in all matters + within the cognizance and jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of the Navy take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Seventh. That the Secretary of the Interior put in force the laws + relating to the Interior Department applicable to the geographical + limits aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 13th day of July, A.D. 1865, and of + the Independence of the United States the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by my proclamations of the 13th and 24th of June, 1865, removing + restrictions, in part, upon internal, domestic, and coastwise + intercourse and trade with those States recently declared in + insurrection, certain articles were excepted from the effect of said + proclamations as contraband of war; and +</p> +<p> + Whereas the necessity for restricting trade in said articles has now in + a great measure ceased: +</p> +<p> + It is hereby ordered that on and after the 1st day of September, 1865. + all restrictions aforesaid be removed, so that the articles declared by + the said proclamations to be contraband of war may be imported into and + sold in said States, subject only to such regulations as the Secretary + of the Treasury may prescribe. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of August, A.D. 1865, and + of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by a proclamation of the 5th day of July, 1864, the President of + the United States, when the civil war was flagrant and when combinations + were in progress in Kentucky for the purpose of inciting insurgent raids + into that State, directed that the proclamation suspending the privilege + of the writ of <i>habeas corpus</i> should be made effectual in Kentucky + and that martial law should be established there and continue until said + proclamation should be revoked or modified; and +</p> +<p> + Whereas since then the danger from insurgent raids into Kentucky has + substantially passed away: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, by virtue of the authority vested in me by the + Constitution, do hereby declare that the said proclamation of the 5th + day of July, 1864, shall be, and is hereby, modified in so far that + martial law shall be no longer in force in Kentucky from and after the + date hereof. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of October, A.D. 1865, and + of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has pleased Almighty God during the year which is now coming + to an end to relieve our beloved country from the fearful scourge of + civil war and to permit us to secure the blessings of peace, unity, and + harmony, with a great enlargement of civil liberty; and +</p> +<p> + Whereas our Heavenly Father has also during the year graciously averted + from us the calamities of foreign war, pestilence, and famine, while our + granaries are full of the fruits of an abundant season; and +</p> +<p> + Whereas righteousness exalteth a nation, while sin is a reproach to any + people: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby recommend to the people thereof that they do + set apart and observe the first Thursday of December next as a day of + national thanksgiving to the Creator of the Universe for these great + deliverances and blessings. +</p> +<p> + And I do further recommend that on that occasion the whole people make + confession of our national sins against His infinite goodness, and with + one heart and one mind implore the divine guidance in the ways of + national virtue and holiness. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 28th day of October, A.D. 1865, and + of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by the proclamation of the President of the United States of the + 15th day of September, 1863, the privilege of the writ of <i>habeas + corpus</i> was, in certain cases therein set forth, suspended throughout + the United States; and +</p> +<p> + Whereas the reasons for that suspension may be regarded as having ceased + in some of the States and Territories: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby proclaim and declare that the suspension + aforesaid and all other proclamations and orders suspending the + privilege of the writ of <i>habeas corpus</i> in the States and + Territories of the United States are revoked and annulled, excepting as + to the States of Virginia, Kentucky, Tennessee, North Carolina, South + Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, + and Texas, the District of Columbia, and the Territories of New Mexico + and Arizona. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of December, A.D. 1865, and + of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<a name="2H_4_0006"><!-- H2 anchor --></a> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + EXECUTIVE ORDERS. +</h2> +<p class="r"> + EXECUTIVE CHAMBER, +<br> +<i>Washington, April 29, 1865</i>. +</p> +<p> + Being desirous to relieve all loyal citizens and well-disposed persons + residing in insurrectionary States from unnecessary commercial + restrictions and to encourage them to return to peaceful pursuits— +</p> +<p> + <i>It is hereby ordered</i>, I. That all restrictions upon internal, + domestic, and coastwise commercial intercourse be discontinued in such + parts of the States of Tennessee, Virginia, North Carolina, South + Carolina, Georgia, Florida, Alabama, Mississippi, and so much of + Louisiana as lies east of the Mississippi River as shall be embraced + within the lines of national military occupation, excepting only such + restrictions as are imposed by acts of Congress and regulations in + pursuance thereof prescribed by the Secretary of the Treasury and + approved by the President, and excepting also from the effect of this + order the following articles contraband of war, to wit: Arms, + ammunition, all articles from which ammunition is manufactured, gray + uniforms and cloth, locomotives, cars, railroad iron, and machinery for + operating railroads, telegraph wires, insulators, and instruments for + operating telegraphic lines. +</p> +<p> + II. That all existing military and naval orders in any manner + restricting internal, domestic, and coastwise commercial intercourse and + trade with or in the localities above named be, and the same are hereby, + revoked, and that no military or naval officer in any manner interrupt + or interfere with the same, or with any boats or other vessels engaged + therein under proper authority, pursuant to the regulations of the + Secretary of the Treasury. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington City, April 29, 1865</i>. +</p> +<p> + The Executive order of January 20, 1865, prohibiting the exportation of + hay, is rescinded from and after the 1st day of May, 1865. +</p> +<p> + By order of the President: +</p> +<p class="r"> + EDWIN M STANTON. +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> +EXECUTIVE CHAMBER, +<br> +<i>Washington City, May 1, 1865</i>. +</p> +<p> + Whereas the Attorney-General of the United States hath given his opinion + that the persons implicated in the murder of the late President, Abraham + Lincoln, and the attempted assassination of the Hon. William H. Seward, + Secretary of State, and in an alleged conspiracy to assassinate other + officers of the Federal Government at Washington City, and their aiders + and abettors, are subject to the jurisdiction of and lawfully triable + before a military commission— +</p> +<p> + <i>It is ordered</i>: +</p> +<p> + First. That the assistant adjutant-general detail nine competent + military officers to serve as a commission for the trial of said + parties, and that the Judge-Advocate-General proceed to prefer charges + against said parties for their alleged offenses and bring them to trial + before said military commission; that said trial or trials be conducted + by the said Judge-Advocate-General, and as recorder thereof, in person, + aided by such assistant or special judge-advocate as he may designate, + and that said trials be conducted with all diligence consistent with the + ends of justice; the said commission to sit without regard to hours. +</p> +<p> + Second. That Brevet Major-General Hartranft be assigned to duty as + special provost-marshal-general for the purpose of said trial, and + attendance upon said commission, and the execution of its mandates. +</p> +<p> + Third. That the said commission establish such order or rules of + proceeding as may avoid unnecessary delay and conduce to the ends of + public justice. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + Official copy: +</p> +<p class="r"> + W.A. NICHOLS, +<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington, D.C., May 3, 1865</i>. +</p> +<p> + Order Rescinding Regulations Prohibiting the Exportation of Arms, + Ammunition, Horses, Mules, and Live Stock. +</p> +<p> + The Executive order of November 21, 1862, prohibiting the exportation of + arms and ammunition from the United States, and the Executive order of + May 13, 1863,<a href="#note-2"><small>2</small></a> prohibiting the exportation of horses, mules, and live + stock, being no longer required by public necessities, the aforesaid + orders are hereby rescinded and annulled. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, +<br> + <i>Washington, May 4, 1865</i>. +</p> +<p> + This being the day of the funeral of the late President, Abraham + Lincoln, at Springfield, Ill., the Executive Office and the various + Departments will be closed at 12 m. to-day. +</p> +<p class="r"> + ANDREW JOHNSON, +<br> + <i>President of the United States</i>. +</p><p> </p><p> </p> +<center> + SPECIAL ORDERS, No. 211. +</center> +<p class="r"> + WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, May 6, 1865</i>. +</p> +<hr> +<p> + 4. A military commission is hereby appointed to meet at Washington, + D.C., on Monday, the 8th day of May, 1865, at 9 o'clock a.m., or as soon + thereafter as practicable, for the trial of David E. Herold, George A. + Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel + Arnold, Mary E. Surratt, Samuel A. Mudd, and such other prisoners as may + be brought before it, implicated in the murder of the late President, + Abraham Lincoln, and the attempted assassination of the Hon. William H. + Seward, Secretary of State, and in an alleged conspiracy to assassinate + other officers of the Federal Government at Washington City, and their + aiders and abettors. +</p> +<center> + <i>Detail for the court</i>. +</center> +<p><br> + Major-General David Hunter, United States Volunteers.<br> + Major-General Lewis Wallace, United States Volunteers.<br> + Brevet Major-General August V. Kautz, United States Volunteers.<br> + Brigadier-General Albion P. Howe, United States Volunteers.<br> + Brigadier-General Robert S. Foster, United States Volunteers.<br> + Brevet Brigadier-General Cyrus B. Comstock,<a href="#note-3"><small>3</small></a> United States Volunteers.<br> + Brigadier-General T.M. Harris, United States Volunteers.<br> + Brevet Colonel Horace Porter,<a href="#note-4"><small>4</small></a> aid-de-camp.<br> + Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.<br> + Brigadier-General Joseph Holt, Judge-Advocate-General, United States + Army, is appointed the judge-advocate and recorder of the commission, + to be aided by such assistant or special judge-advocate as he may + designate.<br> +</p> +<p> + The commission will sit without regard to hours. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND, +<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, <i>Washington City, May 7, 1865</i>. +</p> +<p> + Brigadier-General Holt, Judge-Advocate-General, having designated the + Hon. John A. Bingham as a special judge-advocate, whose aid he requires + in the prosecution of Herold and others before the military commission + of which Major-General Hunter is presiding officer: +</p> +<p> + <i>It is ordered</i>, That the said John A. Bingham be, and he is hereby, + appointed special judge-advocate for the purpose aforesaid, to aid the + Judge-Advocate-General, pursuant to the order of the President in + respect to said military commission. +</p> +<p> + By order of the President: +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<center> + SPECIAL ORDERS. No. 216. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, May 9, 1865</i>. +</p> +<hr> +<p> + 91. Brevet Brigadier-General Cyrus B. Comstock, United States + Volunteers, and Brevet Colonel Horace Porter, aid-de-camp, are hereby + relieved from duty as members of the military commission appointed in + Special Orders, No. 211, paragraph 4, dated "War Department, + Adjutant-General's Office, Washington, May 6, 1865," and Brevet + Brigadier-General James A. Ekin, United States Volunteers, and Brevet + Colonel C.H. Tompkins, United States Army, are detailed in their + places, respectively. +</p> +<p> + The commission will be composed as follows: +</p> +<p><br> + Major-General David Hunter, United States Volunteers.<br> + Major-General Lewis Wallace, United States Volunteers.<br> + Brevet Major-General August V. Kautz, United States Volunteers.<br> + Brigadier-General Albion P. Howe, United States Volunteers.<br> + Brigadier-General Robert S. Poster, United States Volunteers.<br> + Brevet Brigadier-General James A. Ekin, United States Volunteers.<br> + Brigadier-General T.M. Harris, United States Volunteers.<br> + Brevet Colonel C.H. Tompkins, United States Army.<br> + Lieutenant-Colonel David R. Clendenin, Eighth Illinois Cavalry.<br> + Brigadier-General Joseph Holt, judge-advocate and recorder.<br> +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> +EXECUTIVE CHAMBER, +<br> +<i>Washington City, May 9, 1865</i>. +</p> +<p> + Executive Order to Reestablish the Authority of the United States and + Execute the Laws within the Geographical Limits Known as the State of + Virginia. +</p> +<p> + <i>Ordered</i>, first. That all acts and proceedings of the political, + military, and civil organizations which have been in a state of + insurrection and rebellion within the State of Virginia against the + authority and laws of the United States, and of which Jefferson Davis, + John Letcher, and William Smith were late the respective chiefs, are + declared null and void. All persons who shall exercise, claim, pretend, + or attempt to exercise any political, military, or civil power, + authority, jurisdiction, or right by, through, or under Jefferson Davis, + late of the city of Richmond, and his confederates, or under John + Letcher or William Smith and their confederates, or under any pretended + political, military, or civil commission or authority issued by them or + either of them since the 17th day of April, 1861, shall be deemed and + taken as in rebellion against the United States, and shall be dealt with + accordingly. +</p> +<p> + Second. That the Secretary of State proceed to put in force all laws of + the United States the administration whereof belongs to the Department + of State applicable to the geographical limits aforesaid. +</p> +<p> + Third. That the Secretary of the Treasury proceed without delay to + nominate for appointment assessors of taxes and collectors of customs + and internal revenue and such other officers of the Treasury Department + as are authorized by law, and shall put in execution the revenue laws of + the United States within the geographical limits aforesaid. In making + appointments the preference shall be given to qualified loyal persons + residing within the districts where their respective duties are to be + performed; but if suitable persons shall not be found residents of the + districts, then persons residing in other States or districts shall be + appointed. +</p> +<p> + Fourth. That the Postmaster-General shall proceed to establish + post-offices and post routes and put into execution the postal laws of + the United States within the said State, giving to loyal residents the + preference of appointment; but if suitable persons are not found, then + to appoint agents, etc., from other States. +</p> +<p> + Fifth. That the district judge of said district proceed to hold courts + within said State in accordance with the provisions of the act of + Congress. The Attorney-General will instruct the proper officers to + libel and bring to judgment, confiscation, and sale property subject to + confiscation, and enforce the administration of justice within said + State in all matters, civil and criminal, within the cognizance and + jurisdiction of the Federal courts. +</p> +<p> + Sixth. That the Secretary of War assign such assistant + provost-marshal-general and such provost-marshals in each district of + said State as he may deem necessary. +</p> +<p> + Seventh. The Secretary of the Navy will take possession of all public + property belonging to the Navy Department within said geographical + limits and put in operation all acts of Congress in relation to naval + affairs having application to the said State. +</p> +<p> + Eighth. The Secretary of the Interior will also put in force the laws + relating to the Department of the Interior. +</p> +<p> + Ninth. That to carry into effect the guaranty by the Federal + Constitution of a republican form of State government and afford the + advantage and security of domestic laws, as well as to complete the + reestablishment of the authority and laws of the United States and the + full and complete restoration of peace within the limits aforesaid, + Francis H. Peirpoint, governor of the State of Virginia, will be aided + by the Federal Government so far as may be necessary in the lawful + measures which he may take for the extension and administration of the + State government throughout the geographical limits of said State. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + W. HUNTER,<br> + <i>Acting Secretary of State</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington City, May 27, 1865</i>. +</p> +<p> + <i>Ordered</i>, That in all cases of sentences by military tribunals of + imprisonment during the war the sentence be remitted and that the + prisoners be discharged. The Adjutant-General will issue immediately the + necessary instructions to carry this order into effect. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE,<br> + <i>Washington, D.C., May 31, 1865</i>. +</p> +<p> + To-morrow, the 1st of June, being the day appointed for special + humiliation and prayer in consequence of the assassination of Abraham + Lincoln, late President of the United States, the Executive Office and + the various Departments will be closed during the day. +</p> +<p class="r"> + ANDREW JOHNSON, +<br> + <i>President of the United States</i>. +</p><p> </p><p> </p> +<center> + GENERAL ORDERS, No. 107. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, June 2, 1865</i>. +</p> +<p> + <i>Ordered</i>, That all military restrictions upon trade in any of the + States or Territories of the United States, except in articles + contraband of war—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. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 2, 1865</i>. +</p> +<p> + Whereas, pursuant to the order of the President and as a means required + by the public safety, directions were issued from this Department, under + date of the 17th of December, 1864, requiring passports from all + travelers entering the United States, except immigrant passengers + directly entering an American port from a foreign country; and +</p> +<p> + Whereas the necessities which required the adoption of that measure are + believed no longer to exist: +</p> +<p> + Now, therefore, the President directs that from and after this date the + order above referred to shall be, and the same is hereby, rescinded. +</p> +<p> + Nothing in this regulation, however, will be construed to relieve from + due accountability any enemies of the United States or offenders against + their peace and dignity who may hereafter seek to enter the country or + at any time be found within its lawful jurisdiction. +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., June 2, 1865</i>. +</p> +<p> + Whereas by an act of Congress approved March 3, 1865, there was + established in the War Department a Bureau of Refugees, Freedmen, and + Abandoned Lands, and to which, in accordance with the said act of + Congress, is committed the supervision and management of all abandoned + lands and the control of all subjects relating to refugees and freedmen + from rebel States, or from any district of country within the territory + embraced in the operations of the Army, under such rules and regulations + as may be prescribed by the head of the Bureau and approved by the + President; and +</p> +<p> + Whereas it appears that the management of abandoned lands and subjects + relating to refugees and freedmen, as aforesaid, have been and still + are, by orders based on military exigencies or legislation based on + previous statutes, partly in the hands of military officers disconnected + with said Bureau and partly in charge of officers of the Treasury + Department: It is therefore +</p> +<p> + <i>Ordered</i>, That all officers of the Treasury Department, all military + officers, and all others in the service of the United States turn over + to the authorized officers of said Bureau all abandoned lands and + property contemplated in said act of Congress approved March 3, 1865, + establishing the Bureau of Refugees, Freedmen, and Abandoned Lands, that + may now be under or within their control. They will also turn over to + such officers all funds collected by tax or otherwise for the benefit of + refugees or freedmen or accruing from abandoned lands or property set + apart for their use, and will transfer to them all official records + connected with the administration of affairs which pertain to said + Bureau. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 109. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, June 6, 1865</i>. +</p> +<center> + ORDER FOR THE DISCHARGE OF CERTAIN PRISONERS OF WAR. +</center> +<p> + The prisoners of war at the several depots in the North will be + discharged under the following regulations and restrictions: +</p> +<p> + I. All enlisted men of the rebel army and petty officers and seamen of + the rebel navy will be discharged upon taking the oath of allegiance. +</p> +<p> + II. Officers of the rebel army not above the grade of captain and of + the rebel navy not above the grade of lieutenant, except such as have + graduated at the United States Military or Naval academies and such + as held a commission in either the United States Army or Navy at the + beginning of the rebellion, may be discharged upon taking the oath + of allegiance. +</p> +<p> + III. When the discharges hereby ordered are completed, regulations will + be issued in respect to the discharge of officers having higher rank + than captain in the army or lieutenant in the navy. +</p> +<p> + IV. The several commanders of prison stations will discharge each day as + many of the prisoners hereby authorized to be discharged as proper rolls + can be prepared for, beginning with those who have been longest in + prison and from the most remote points of the country; and certified + rolls will be forwarded daily to the Commissary-General of Prisoners of + those so discharged. The oath of allegiance only will be administered, + but notice will be given that all who desire will be permitted to take + the oath of amnesty after their release, in accordance with the + regulations of the Department of State respecting the amnesty. +</p> +<p> + V. The Quartermaster's Department will furnish transportation to all + released prisoners to the nearest accessible point to their homes, by + rail or by steamboat. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, June 6, 1865</i>. +</p> +<p> + Whereas circumstances of recent occurrence have made it no longer + necessary to continue the prohibition of the departure for her + destination of the gunboat <i>Fusyama</i>, built at New York for the Japanese + Government, it is consequently ordered that that prohibition be removed. + The Secretary of the Treasury will therefore cause a clearance to be + issued to the <i>Fusyama</i>, and the Secretary of the Navy will not allow + any obstacle thereto. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + [From the Daily National Intelligencer, June 13, 1865.] +</center> +<center> + CIRCULAR. +</center> +<p class="r"> + ATTORNEY-GENERAL'S OFFICE,<br> + <i>Washington, June 7, 1865</i>. +</p> +<p> + By direction of the President, all persons belonging to the excepted + classes enumerated in the President's amnesty proclamation of May 29, + 1865, who may make special applications to the President for pardon are + hereby notified that before their respective applications will be + considered it must be shown that they have respectively taken and + subscribed the oath (or affirmation) in said proclamation prescribed. + Every such person desiring a special pardon should make personal + application in writing therefor, and should transmit with such + application the original oath (or affirmation) as taken and subscribed + before an officer authorized under the rules and regulations promulgated + by the Secretary of State to administer the amnesty oath prescribed in + the said proclamation of the President. +</p> +<p class="r"> + JAMES SPEED, +<br> + <i>Attorney-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE,<br> + <i>Washington, D.C., June 9, 1865</i>. +</p> +<p> + It is represented to me in a communication from the Secretary of the + Interior that Indians in New Mexico have been seized and reduced into + slavery, and it is recommended that the authority of the executive + branch of the Government should be exercised for the effectual + suppression of a practice which is alike in violation of the rights + of the Indians and of the provisions of the organic law of the said + Territory. +</p> +<p> + Concurring in this recommendation, I do hereby order that the heads + of the several Executive Departments do enjoin upon the subordinates, + agents, and employees under their respective orders or supervision in + that Territory to discountenance the practice aforesaid and to take all + lawful means to suppress the same. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + GENERAL COURT-MARTIAL ORDERS, No. 356. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, July 5, 1865</i>. +</p> +<p> + I. Before a military commission which convened at Washington, D.C., + May 9, 1865, pursuant to paragraph 4 of Special Orders, No. 211, + dated May 6, 1865, and paragraph 91 of Special Orders, No. 216, dated + May 9, 1865, War Department, Adjutant-General's Office, Washington, + and of which Major-General David Hunter, United States Volunteers, is + president, were arraigned and tried David E. Herold, G.A. Atzerodt, + Lewis Payne, Mary E. Surratt, Michael O'Laughlin, Edward Spangler, + Samuel Arnold, and Samuel A. Mudd. +</p> +<center> + CHARGE I. +</center> +<p> + For maliciously, unlawfully, and traitorously, and in aid of the + existing armed rebellion against the United States of America, on or + before the 6th day of March, A.D. 1865, and on divers other days between + that day and the 15th day of April, A.D. 1865, combining, confederating, + and conspiring together with one John H. Surratt, John Wilkes Booth, + Jefferson Davis, George N. Sanders, Beverley Tucker, Jacob Thompson, + William C. Cleary, Clement C. Clay, George Harper, George Young, and + others unknown to kill and murder, within the Military Department of + Washington, and within the fortified and intrenched lines thereof, + Abraham Lincoln, late, and at the time of said combining, confederating, + and conspiring, President of the United States of America and Commander + in Chief of the Army and Navy thereof; Andrew Johnson, now + Vice-President of the United States aforesaid; William H. Seward, + Secretary of State of the United States aforesaid; and Ulysses S. Grant, + Lieutenant-General of the Army of the United States aforesaid, then in + command of the armies of the United States, under the direction of the + said Abraham Lincoln; and in pursuance of and in prosecuting said + malicious, unlawful, and traitorous conspiracy aforesaid, and in aid of + said rebellion, afterwards, to wit, on the 14th day of April, A.D. 1865, + within the Military Department of Washington aforesaid, and within the + fortified and intrenched lines of said military department, together + with said John Wilkes Booth and John H. Surratt, maliciously, + unlawfully, and traitorously murdering the said Abraham Lincoln, then + President of the United States and Commander in Chief of the Army and + Navy of the United States as aforesaid; and maliciously, unlawfully, and + traitorously assaulting, with intent to kill and murder, the said + William H. Seward, then Secretary of State of the United States as + aforesaid; and lying in wait, with intent maliciously, unlawfully, and + traitorously to kill and murder the said Andrew Johnson, then being + Vice-President of the United States, and the said Ulysses S. Grant, then + being Lieutenant-General and in command of the armies of the United + States as aforesaid. +</p> +<center> + SPECIFICATION FIRST. +</center> +<p> + In this, that they, the said David E. Herold, Edward Spangler, Lewis + Payne, Michael O'Laughlin, Samuel Arnold, Mary E. Surratt, George A. + Atzerodt, and Samuel A. Mudd, together with the said John H. Surratt and + John Wilkes Booth, incited and encouraged thereunto by Jefferson Davis, + George N. Sanders, Beverley Tucker, Jacob Thompson, William C. Cleary, + Clement C. Clay, George Harper, George Young, and, others unknown, + citizens of the United States aforesaid, and who were then engaged In + armed rebellion against the United States of America, within the limits + thereof, did, in aid of said armed rebellion, on or before the 6th day + of March, A.D. 1865, and on divers other days and times between that day + and the 15th day of April, A.D. 1865, combine, confederate, and conspire + together at Washington City, within the Military Department of + Washington, and within the intrenched fortifications and military lines + of the said United States there being, unlawfully, maliciously, and + traitorously to kill and murder Abraham Lincoln, then President of the + United States aforesaid and Commander in Chief of the Army and Navy + thereof; and unlawfully, maliciously, and traitorously to kill and + murder Andrew Johnson, now Vice-President of the said United States, + upon whom, on the death of said Abraham Lincoln, after the 4th day of + March, A.D. 1865, the office of President of the said United States and + Commander in Chief of the Army and Navy thereof would devolve; and to + unlawfully, maliciously, and traitorously kill and murder Ulysses S. + Grant, then Lieutenant-General, and, under the direction of the said + Abraham Lincoln, in command of the armies of the United States + aforesaid; and unlawfully, maliciously, and traitorously to kill and + murder William H. Seward, then Secretary of State of the United States + aforesaid, whose duty it was by law, upon the death of said President + and Vice-President of the United States aforesaid, to cause an election + to be held for electors of President of the United States—the + conspirators aforesaid designing and intending by the killing and murder + of the said Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and + William H. Seward, as aforesaid, to deprive the Army and Navy of the + said United States of a constitutional Commander in Chief, and to + deprive the armies of the United States of their lawful commander, and + to prevent a lawful election of President and Vice-President of the + United States aforesaid, and by the means aforesaid to aid and comfort + the insurgents engaged in armed rebellion against the said United States + as aforesaid, and thereby to aid in the subversion and overthrow of the + Constitution and laws of the said United States. +</p> +<p> + And being so combined, confederated, and conspiring together in the + prosecution of said unlawful and traitorous conspiracy, on the night of + the 14th day of April, A.D. 1865, at the hour of about 10 o'clock and 15 + minutes p.m., at Ford's Theater, on Tenth street, in the city of + Washington, and within the military department and military lines + aforesaid, John Wilkes Booth, one of the conspirators aforesaid, in + pursuance of said unlawful and traitorous conspiracy, did then and there + unlawfully, maliciously, and traitorously, and with intent to kill and + murder the said Abraham Lincoln, discharge a pistol then held in the + hands of him, the said Booth, the same being then loaded with powder and + a leaden ball, against and upon the left and posterior side of the head + of the said Abraham Lincoln, and did thereby then and there inflict upon + him, the said Abraham Lincoln, then President of the said United States + and Commander in Chief of the Army and Navy thereof, a mortal wound, + whereof afterwards, to wit, on the 15th day of April, A.D. 1865, at + Washington City aforesaid, the said Abraham Lincoln died; and thereby + then and there, and in pursuance of said conspiracy, the said defendants + and the said John Wilkes Booth and John H. Surratt did unlawfully, + traitorously, and maliciously, and with the intent to aid the rebellion + as aforesaid, kill and murder the said Abraham Lincoln, President of the + United States as aforesaid. +</p> +<p> + And in further prosecution of the unlawful and traitorous conspiracy + aforesaid and of the murderous and traitorous intent of said conspiracy, + the said Edward Spangler, on said 14th day of April, A.D. 1865, at about + the same hour of that day as aforesaid, within said military department + and the military lines aforesaid, did aid and assist the said John + Wilkes Booth to obtain entrance to the box in said theater in which said + Abraham Lincoln was sitting at the time he was assaulted and shot, as + aforesaid, by John Wilkes Booth; and also did then and there aid said + Booth in barring and obstructing the door of the box of said theater, so + as to hinder and prevent any assistance to or rescue of the said Abraham + Lincoln against the murderous assault of the said John Wilkes Booth, and + did aid and abet him in making his escape after the said Abraham Lincoln + had been murdered in manner aforesaid. +</p> +<p> + And in further prosecution of said unlawful, murderous, and traitorous + conspiracy, and in pursuance thereof, and with the intent as aforesaid, + the said David B. Herold did, on the night of the 14th of April, A.D. + 1865, within the military department and military lines aforesaid, aid, + abet, and assist the said John Wilkes Booth in the killing and murder of + the said Abraham Lincoln, and did then and there aid and abet and assist + him, the said John Wilkes Booth, in attempting to escape through the + military lines aforesaid, and did accompany and assist the said John + Wilkes Booth in attempting to conceal himself and escape from justice + after killing and murdering said Abraham Lincoln, as aforesaid. +</p> +<p> + And in further prosecution of said unlawful and traitorous conspiracy + and of the intent thereof as aforesaid, the said Lewis Payne did, on the + same night of the 14th day of April, A.D. 1865, about the same hour of + 10 o'clock and 15 minutes p.m., at the city of Washington, and within + the military department and the military lines aforesaid, unlawfully and + maliciously make an assault upon the said William H. Seward, Secretary + of State, as aforesaid, in the dwelling house and bedchamber of him, the + said William H. Seward, and the said Payne did then and there, with a + large knife held in his hand, unlawfully, traitorously, and in pursuance + of said conspiracy, strike, stab, cut, and attempt to kill and murder + the said William H. Seward, and did thereby then and there, and with the + intent aforesaid, with said knife, inflict upon the face and throat of + the said William H. Seward divers grievous wounds; and the said Lewis + Payne, in further prosecution of said conspiracy, at the same time and + place last aforesaid, did attempt, with the knife aforesaid and a pistol + held in his hand, to kill and murder Frederick W. Seward, Augustus H. + Seward, Emrick W. Hansell, and George F. Robinson, who were then + striving to protect and rescue the said William H. Seward from murder by + the said Lewis Payne, and did then and there, with said knife and pistol + held in his hands, inflict upon the head of said Frederick W. Seward and + upon the persons of said Augustus H. Seward, Emrick W. Hansell, and + George F. Robinson divers grievous and dangerous wounds, with intent + then and there to kill and murder the said Frederick W. Seward, Augustus + H. Seward, Emrick W. Hansell, and George F. Robinson. +</p> +<p> + And in further prosecution of said conspiracy and its traitorous and + murderous designs, the said George A. Atzerodt did, on the night of the + 14th of April, A.D. 1865, and about the same hour of the night + aforesaid, within the military department and the military lines + aforesaid, lie in wait for Andrew Johnson, then Vice-President of the + United States aforesaid, with the intent unlawfully and maliciously to + kill and murder him, the said Andrew Johnson. +</p> +<p> + And in the further prosecution of the conspiracy aforesaid and of its + murderous and treasonable purposes aforesaid, on the nights of the 13th + and 14th of April, A.D. 1865, at Washington City, and within the + military department and military lines aforesaid, the said Michael + O'Laughlin did then and there lie in wait for Ulysses S. Grant, then + Lieutenant-General and commander of the armies of the United States as + aforesaid, with intent then and there to kill and murder the said + Ulysses S. Grant. +</p> +<p> + And in further prosecution of said conspiracy, the said Samuel Arnold + did, within the military department and military lines aforesaid, on or + before the 6th day of March, A.D. 1865, and on divers other days and + times between that day and the 15th day of April, A.D. 1865, combine, + conspire with, and aid, counsel, abet, comfort, and support the said + John Wilkes Booth, Lewis Payne, George A. Atzerodt, Michael O'Laughlin, + and their confederates in said unlawful, murderous, and traitorous + conspiracy and in the execution thereof, as aforesaid. +</p> +<p> + And in further prosecution of the said conspiracy, Mary B. Surratt did, + at Washington City, and within the military department and military + lines aforesaid, on or before the 6th day of March, A.D. 1865, and on + divers other days and times between that day and the 20th day of April, + A.D. 1865, receive, entertain, harbor and conceal, aid and assist, the + said John Wilkes Booth, David B. Herold, Lewis Payne, John H. Surratt, + Michael O'Laughlin, George A. Atzerodt, Samuel Arnold, and their + confederates, with knowledge of the murderous and traitorous conspiracy + aforesaid, and with intent to aid, abet, and assist them in the + execution thereof and in escaping from justice after the murder of the + said Abraham Lincoln, as aforesaid. +</p> +<p> + And in further prosecution of said conspiracy, the said Samuel A. Mudd + did, at Washington City, and within the military department and military + lines aforesaid, on or before the 6th day of March, A.D. 1865, and on + divers other days and times between that day and the 20th day of April, + A.D. 1865, advise, encourage, receive, entertain, harbor and conceal, + aid and assist, the said John Wilkes Booth, David B. Herold, Lewis + Payne, John H. Surratt, Michael O'Laughlin, George A. Atzerodt, Mary B. + Surratt, and Samuel Arnold, and their confederates, with knowledge of + the murderous and traitorous conspiracy aforesaid, and with intent to + aid, abet, and assist them in the execution thereof and in escaping from + justice after the murder of the said Abraham Lincoln, in pursuance of + said conspiracy, in manner aforesaid. +</p> +<p> + To which charge and specification the accused, David B. Herold, G.A. + Atzerodt, Lewis Payne, Mary B. Surratt, Michael O'Laughlin, Edward + Spangler, Samuel Arnold, and Samuel A. Mudd, pleaded "not guilty." +</p> +<center> + FINDINGS AND SENTENCES. +</center> +<p> + 1. In the case of David B. Herold, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except combining, confederating, and + conspiring with Edward Spangler; as to which part thereof, not guilty." +</p> +<p> + Of the charge, "Guilty, except the words of the charge that he combined, + confederated, and conspired with Edward Spangler; as to which part of + said charge, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said David B. + Herold, "To be hanged by the neck until he be dead, at such time and + place as the President of the United States shall direct; two-thirds of + the members of the commission concurring therein." +</p> +<p> + 2. In the case of George A. Atzerodt, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except combining, confederating, and + conspiring with Edward Spangler; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except combining, confederating, and conspiring + with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said George A. + Atzerodt, "To be hung by the neck until he be dead, at such time and + place as the President of the United States shall direct; two-thirds of + the members of the commission concurring therein." +</p> +<p> + 3. In the case of Lewis Payne, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except combining, confederating, and + conspiring with Edward Spangler; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except combining, confederating, and conspiring + with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said Lewis Payne, + "To be hung by the neck until he be dead, at such time and place as the + President of the United States shall direct; two-thirds of the members + of the commission concurring therein." +</p> +<p> + 4. In the case of Mary B. Surratt, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except as to receiving, entertaining, + harboring, and concealing Samuel Arnold and Michael O'Laughlin, and + except as to combining, confederating, and conspiring with Edward + Spangler; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except as to combining, confederating, and + conspiring with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence her, the said Mary B. + Surratt, "To be hung by the neck until she be dead, at such time and + place as the President of the United States shall direct; two-thirds of + the members of the commission concurring therein." +</p> +<p> + 5. In the case of Michael O'Laughlin, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except the words thereof as follows: 'And + in the further prosecution of the conspiracy aforesaid and of its + murderous and treasonable purposes aforesaid, on the nights of the 13th + and 14th of April, A.D. 1865, at Washington City, and within the + military department and military lines aforesaid, the said Michael + O'Laughlin did then and there lie in wait for Ulysses S. Grant, then + Lieutenant-General and commander of the armies of the United States, + with intent then and there to kill and murder the said Ulysses S. + Grant;' of said words, not guilty; and except combining, confederating, + and conspiring with Edward Spangler; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except combining, confederating, and conspiring + with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said Michael + O'Laughlin, "To be imprisoned at hard labor for life at such + penitentiary as the President of the United States shall designate." +</p> +<p> + 6. In the case of Edward Spangler, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Not guilty, except as to the words, 'The said + Edward Spangler, on said 14th day of April, A.D. 1865, at about the same + hour of that day as aforesaid, within said military department and the + military lines aforesaid, did aid and abet him (meaning John Wilkes + Booth) in making his escape after the said Abraham Lincoln had been + murdered in manner aforesaid;' and of these words, guilty." +</p> +<p> + Of the charge, "Not guilty, but guilty of having feloniously and + traitorously aided and abetted John Wilkes Booth in making his escape + after having killed and murdered Abraham Lincoln, President of the + United States, he the said Edward Spangler, at the time of aiding and + abetting as aforesaid, well knowing that the said Abraham Lincoln, + President as aforesaid, had been murdered by the said John Wilkes Booth, + as aforesaid." +</p> +<p> + And the commission does therefore sentence him, the said Edward + Spangler, "To be confined at hard labor for the period of six years at + such penitentiary as the President of the United States shall + designate." +</p> +<p> + 7. In the case of Samuel Arnold, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except combining, confederating, and + conspiring with Edward Spangler; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except combining, confederating, and conspiring + with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said Samuel Arnold, + "To be imprisoned at hard labor for life at such penitentiary as the + President of the United States shall designate." +</p> +<p> + 8. In the case of Samuel A. Mudd, the commission, having maturely + considered the evidence adduced, finds the accused as follows: +</p> +<p> + Of the specification, "Guilty, except combining, confederating, and + conspiring with Edward Spangler; of this, not guilty; and except + receiving, entertaining, harboring, and concealing Lewis Payne, John H. + Surratt, Michael O'Laughlin, George A. Atzerodt, Mary E. Surratt, and + Samuel Arnold; of this, not guilty." +</p> +<p> + Of the charge, "Guilty, except combining, confederating, and conspiring + with Edward Spangler; of this, not guilty." +</p> +<p> + And the commission does therefore sentence him, the said Samuel A. Mudd, + "To be imprisoned at hard labor for life at such penitentiary as the + President of the United States shall designate." +</p> +<p> + II. The proceedings, findings, and sentences in the foregoing cases + having been submitted to the President of the United States, the + following are his orders: +</p> +<p class="r"> + EXECUTIVE MANSION, <i>July 5, 1865</i>. +</p> +<p> + The foregoing sentences in the cases of David E. Herold, George A. + Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel + Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it + is ordered that the sentences in the cases of David E. Herold, G.A. + Atzerodt, Lewis Payne, and Mary E. Surratt be carried into execution by + the proper military authority, under the direction of the Secretary of + War, on the 7th day of July, 1865, between the hours of 10 o'clock a.m. + and 2 o'clock p.m. of that day. It is further ordered that the prisoners + Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin + be confined at hard labor in the penitentiary at Albany, N.Y., during + the period designated in their respective sentences. +</p> +<p class="r"> + ANDREW JOHNSON, <i>President</i>. +</p> +<p> + III. Major-General W.S. Hancock, United States Volunteers, commanding + Middle Military Division, is commanded to cause the foregoing sentences + in the cases of David E. Herold, G.A. Atzerodt, Lewis Payne, and Mary E. + Surratt to be duly executed in accordance with the President's order. +</p> +<p class="r"> + EXECUTIVE MANSION, <i>July 15, 1865</i>. +</p> +<p> + IV. The Executive order dated July 5, 1865, approving the sentences in + the cases of Samuel Arnold, Samuel A. Mudd, Edward Spangler, and Michael + O'Laughlin, is hereby modified so as to direct that the said Arnold, + Mudd, Spangler, and O'Laughlin be confined at hard labor in the military + prison at Dry Tortugas, Florida, during the period designated in their + respective sentences. +</p> +<p> + The Adjutant-General of the Army is directed to issue orders for the + said prisoners to be transported to the Dry Tortugas, and to be confined + there accordingly. +</p> +<p class="r"> + ANDREW JOHNSON, <i>President</i>. +</p> +<p> + V. Major-General W.S. Hancock, United States Volunteers, commanding + Middle Military Division, is commanded to send the prisoners Samuel + Arnold, Samuel A. Mudd, Edward Spangler, and Michael O'Laughlin, under + charge of a commissioned officer, with a sufficient guard, to the Dry + Tortugas, Florida, where they will be delivered to the commanding + officer of the post, who is hereby ordered to confine the said Arnold, + Mudd, Spangler, and O'Laughlin at hard labor during the periods + designated in their respective sentences. +</p> +<p> + VI. The military commission of which Major-General David Hunter is + president is hereby dissolved. +</p> +<p> + By command of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND, <i>Assistant Adjutant-General</i>. +</p> +<p class="r"> + WASHINGTON, <i>August 7, 1865</i>. +</p> +<p> + An impression seems to prevail that the interests of persons having + business with the executive government require that they should have + personal interviews with the President or heads of Departments. As this + impression is believed to be entirely unfounded, it is expected that + applications relating to such business will hereafter be made in writing + to the head of that Department to which the business may have been + assigned by law. Those applications will in their order be considered + and disposed of by heads of Departments, subject to the approval of the + President. This order is made necessary by the unusual numbers of + persons visiting the seat of Government. It is impracticable to grant + personal interviews to all of them, and desirable that there should be + no invidious distinction in this respect. Similar business of persons + who can not conveniently leave their homes must be neglected if the time + of the executive officers here is engrossed by personal interviews with + others. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + [From the Daily National Intelligencer, August 26, 1865.] +</center> +<p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, August 25, 1865</i>. +</p> +<p> + Paroled prisoners asking passports as citizens of the United States, and + against whom no special charges may be pending, will be furnished with + passports upon application therefor to the Department of State in the + usual form. Such passports will, however, be issued upon the condition + that the applicants do not return to the United States without leave of + the President. Other persons implicated in the rebellion who may wish to + go abroad will apply to the Department of State for passports, and the + applications will be disposed of according to the merits of the several + cases. +</p> +<p> + By the President of the United States: +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE, <i>September 7, 1865</i>. +</p> +<p> + <i>It is hereby ordered</i>, That so much of the Executive order bearing date + the 7th [2d] day of June, 1865, as made it the duty of all officers + of the Treasury Department, military officers, and all others in the + service of the United States to turn over to the authorized officers + of the Bureau of Refugees, Freedmen, and Abandoned Lands all funds + collected by tax or otherwise for the benefit of refugees or freedmen, + or accruing from abandoned lands or property set apart for their use, + be, and the same is hereby, suspended. +</p> +<p class="r"> + ANDREW JOHNSON,<br> + <i>President</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 138. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, September 16, 1865</i>. +</p> +<p> + To provide for the transportation required by the Bureau of Refugees, + Freedmen, and Abandoned Lands— +</p> +<p> + <i>It is ordered</i>, That upon the requisition of the Commissioner or the + assistant commissioners of the Bureau transportation be furnished such + destitute refugees and freedmen as are dependent upon the Government for + support to points where they can procure employment and subsistence and + support themselves, and thus relieve the Government, provided such + transportation be confined by assistant commissioners within the limits + of their jurisdiction. +</p> +<p> + Second. Free transportation on Government transports and United States + military railroads will be furnished to such teachers only of refugees + and freedmen, and persons laboring voluntarily in behalf of refugees and + freedmen, as may be duly accredited by the Commissioner or assistant + commissioners of the Bureau. +</p> +<p> + All stores and schoolbooks necessary to the subsistence, comfort, and + instruction of dependent refugees and freedmen may be transported at + Government expense, when such stores and books shall be turned over to + the officers of the Quartermaster's Department, with the approval of the + assistant commissioners, Commissioner, or department commander, the same + to be transported as public stores, consigned to the quartermaster of + the post to which they are destined, who, after inspection, will turn + them over to the assistant commissioners or Bureau agent for whom they + are intended for distribution. +</p> +<p> + All army officers traveling on public duty, under the orders of the + commissioners, within the limits of their respective jurisdictions, will + be entitled to mileage or actual cost of transportation, according to + the revised Army Regulations, when transportation has not been furnished + them by the Quartermaster's Department. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i> +</p> +<p> </p><p> </p> +<center> + SPECIAL ORDERS, NO. 503. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, September 19, 1865</i>. +</p> +<hr> +<p> + It has been represented to the Department that commanders of + military posts and districts in Georgia, and particularly Brevet + Brigadier-General C.H. Grosvenor, provost-marshal-general, and Brevet + Major-General King, commanding in the district of Augusta, have assumed + to decide questions of contracts and conflicting claims of property + between individuals, and to order the delivery, surrender, or transfer + of property and documents of title as between private persons, in which + the Government is not concerned. +</p> +<p> + All such acts and proceedings on the part of military authorities in + said State are declared by the President to be without authority and + null and void. +</p> +<p> + All military commanders and authorities within said State are strictly + ordered to abstain from any such acts, and not in any way to interfere + with or assume to adjudicate any right, title, or claim of property + between private individuals, and to suspend all action upon any orders + heretofore made in respect to the ownership or delivery of property and + the validity of contracts between private persons. +</p> +<p> + They are also forbidden from being directly or indirectly interested in + any sales or contracts for cotton or other products of said State, and + from using or suffering to be used any Government transportation for the + transporting of cotton or other products of said State for or in behalf + of private persons on any pretense whatever. +</p> +<p> + Military officers have no authority to interfere in any way in questions + of sale or contracts of any kind between individuals or to decide any + question of property between them without special instructions from this + Department authorizing their action, and the usurpation of such power + will be treated as a grave military offense. +</p> +<p> + Major-General Steedman, commanding the Department of Georgia, + is specially charged with the enforcement of this order, and + directed to make report as to any acts, proceedings, or orders + of Brevet Major-General King and Brevet Brigadier-General Grosvenor, + provost-marshal-general, in regard to contracts or conflicting claims + of individuals in relation to cotton or other products, and to suspend + all action upon any such orders until further instructions. +</p> +<p> + By order of the President of the United States. +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 145. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, October 9, 1865</i>. +</p> +<p> + Whereas certain tracts of land, situated on the coast of South Carolina, + Georgia, and Florida, at the time for the most part vacant, were set + apart by Major-General W.T. Sherman's special field order No. 15 for + the benefit of refugees and freedmen that had been congregated by the + operations of war or had been left to take care of themselves by their + former owners; and +</p> +<p> + Whereas an expectation was thereby created that they would be able to + retain possession of said lands; and +</p> +<p> + Whereas a large number of the former owners are earnestly soliciting the + restoration of the same and promising to absorb the labor and care for + the freedmen: +</p> +<p> + <i>It is ordered</i>, That Major-General Howard, Commissioner of the + Bureau of Refugees, Freedmen, and Abandoned Lands, proceed to the + several above-named States and endeavor to effect an arrangement + mutually satisfactory to the freedmen and the landowners, and make + report. And in case a mutually satisfactory arrangement can be effected, + he is duly empowered and directed to issue such orders as may become + necessary, after a full and careful investigation of the interests of + the parties concerned. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE, <i>October 11, 1865</i>. +</p> +<p> + Whereas the following-named persons, to wit, John A. Campbell, of + Alabama; John H. Reagan, of Texas; Alexander H. Stephens, of Georgia; + George A. Trenholm, of South Carolina, and Charles Clark, of + Mississippi, lately engaged in rebellion against the United States + Government, who are now in close custody, have made their submission to + the authority of the United States and applied to the President for + pardon under his proclamation; and +</p> +<p> + Whereas the authority of the Federal Government is sufficiently restored + in the aforesaid States to admit of the enlargement of said persons from + close custody: +</p> +<p> + <i>It is ordered</i>, That they be released on giving their respective + paroles to appear at such time and place as the President may designate + to answer any charge that he may direct to be preferred against them, + and also that they will respectively abide until further orders in the + places herein designated, and not depart therefrom, to wit: +</p> +<p> + John A. Campbell, in the State of Alabama; John H. Reagan, in the State + of Texas; Alexander H. Stephens, in the State of Georgia; George A. + Trenholm, in the State of South Carolina; and Charles Clark, in the + State of Mississippi. And if the President should grant his pardon to + any of said persons, such person's parole will be thereby discharged. +</p> +<p class="r"> + ANDREW JOHNSON,<br> + <i>President</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE,<br> + <i>Washington City, November 11, 1865</i>. +</p> +<p> + <i>Ordered</i>, That the civil and military agents of the Government transfer + to the assistant commissioner of the Bureau of Refugees, Freedmen, and + Abandoned Lands for Alabama the use and custody of all real estate, + buildings, or other property, except cotton, seized or held by them in + that State as belonging to the late rebel government, together with + all such funds as may arise or have arisen from the rent, sale, or + disposition of such property which have not been finally paid into + the Treasury of the United States. +</p> +<p class="r"> + ANDREW JOHNSON,<br> + <i>President</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, N0. 164. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, November 24, 1865</i>. +</p> +<p> + <i>Ordered</i>, That— +</p> +<p> + I. All persons claiming reward for the apprehension of John Wilkes + Booth, Lewis Payne, G.A. Atzerodt, and David E. Herold, and Jefferson + Davis, or either of them, are notified to file their claims and their + proofs with the Adjutant-General for final adjudication by the special + commission appointed to award and determine upon the validity of such + claims before the 1st day of January next, after which time no claims + will be received. +</p> +<p> + II. The rewards offered for the arrest of Jacob Thompson, Beverley + Tucker, George N. Sanders, William G. Cleary, and John H. Surratt are + revoked. +</p> +<p> + By order of the President of the United States: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 4, 1865</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + To express gratitude to God in the name of the people for the + preservation of the United States is my first duty in addressing you. + Our thoughts next revert to the death of the late President by an act + of parricidal treason. The grief of the nation is still fresh. It finds + some solace in the consideration that he lived to enjoy the highest + proof of its confidence by entering on the renewed term of the Chief + Magistracy to which he had been elected; that he brought the civil war + substantially to a close; that his loss was deplored in all parts of the + Union, and that foreign nations have rendered justice to his memory. + His removal cast upon me a heavier weight of cares than ever devolved + upon any one of his predecessors. To fulfill my trust I need the support + and confidence of all who are associated with me in the various + departments of Government and the support and confidence of the people. + There is but one way in which I can hope to gain their necessary aid. + It is to state with frankness the principles which guide my conduct, and + their application to the present state of affairs, well aware that the + efficiency of my labors will in a great measure depend on your and their + undivided approbation. +</p> +<p> + The Union of the United States of America was intended by its authors to + last as long as the States themselves shall last. "The Union shall be + perpetual" are the words of the Confederation. "To form a more perfect + Union," by an ordinance of the people of the United States, is the + declared purpose of the Constitution. The hand of Divine Providence was + never more plainly visible in the affairs of men than in the framing and + the adopting of that instrument. It is beyond comparison the greatest + event in American history, and, indeed, is it not of all events in + modern times the most pregnant with consequences for every people of the + earth? The members of the Convention which prepared it brought to their + work the experience of the Confederation, of their several States, and + of other republican governments, old and new; but they needed and they + obtained a wisdom superior to experience. And when for its validity it + required the approval of a people that occupied a large part of a + continent and acted separately in many distinct conventions, what is + more wonderful than that, after earnest contention and long discussion, + all feelings and all opinions were ultimately drawn in one way to its + support? The Constitution to which life was thus imparted contains + within itself ample resources for its own preservation. It has power + to enforce the laws, punish treason, and insure domestic tranquillity. + In case of the usurpation of the government of a State by one man or + an oligarchy, it becomes a duty of the United States to make good the + guaranty to that State of a republican form of government, and so to + maintain the homogeneousness of all. Does the lapse of time reveal + defects? A simple mode of amendment is provided in the Constitution + itself, so that its conditions can always be made to conform to the + requirements of advancing civilization. No room is allowed even for the + thought of a possibility of its coming to an end. And these powers of + self-preservation have always been asserted in their complete integrity + by every patriotic Chief Magistrate—by Jefferson and Jackson not less + than by Washington and Madison. The parting advice of the Father of his + Country, while yet President, to the people of the United States was + that the free Constitution, which was the work of their hands, might be + sacredly maintained; and the inaugural words of President Jefferson + held up "the preservation of the General Government in its whole + constitutional vigor as the sheet anchor of our peace at home and safety + abroad." The Constitution is the work of "the people of the United + States," and it should be as indestructible as the people. +</p> +<p> + It is not strange that the framers of the Constitution, which had no + model in the past, should not have fully comprehended the excellence of + their own work. Fresh from a struggle against arbitrary power, many + patriots suffered from harassing fears of an absorption of the State + governments by the General Government, and many from a dread that the + States would break away from their orbits. But the very greatness + of our country should allay the apprehension of encroachments by the + General Government, The subjects that come unquestionably within its + jurisdiction are so numerous that it must ever naturally refuse to be + embarrassed by questions that lie beyond it. Were it otherwise the + Executive would sink beneath the burden, the channels of justice would + be choked, legislation would be obstructed by excess, so that there is + a greater temptation to exercise some of the functions of the General + Government through the States than to trespass on their rightful sphere. + The "absolute acquiescence in the decisions of the majority" was at the + beginning of the century enforced by Jefferson as "the vital principle + of republics;" and the events of the last four years have established, + we will hope forever, that there lies no appeal to force. +</p> +<p> + The maintenance of the Union brings with it "the support of the State + governments in all their rights," but it is not one of the rights of any + State government to renounce its own place in the Union or to nullify + the laws of the Union. The largest liberty is to be maintained in the + discussion of the acts of the Federal Government, but there is no appeal + from its laws except to the various branches of that Government itself, + or to the people, who grant to the members of the legislative and of the + executive departments no tenure but a limited one, and in that manner + always retain the powers of redress. +</p> +<p> + "The sovereignty of the States" is the language of the Confederacy, and + not the language of the Constitution. The latter contains the emphatic + words— +</p> +<p class="q"> + This Constitution and the laws of the United States which shall be made + in pursuance thereof, and all treaties made or which shall be made under + the authority of the United States, shall be the supreme law of the + land, and the judges in every State shall be bound thereby, anything in + the constitution or laws of any State to the contrary notwithstanding. +</p> +<p> + Certainly the Government of the United States is a limited government, + and so is every State government a limited government. With us this idea + of limitation spreads through every form of administration—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. +</p> +<p> + States, with proper limitations of power, are essential to the existence + of the Constitution of the United States. At the very commencement, when + we assumed a place among the powers of the earth, the Declaration of + Independence was adopted by States; so also were the Articles of + Confederation; and when "the people of the United States" ordained and + established the Constitution it was the assent of the States, one by + one, which gave it vitality. In the event, too, of any amendment to the + Constitution, the proposition of Congress needs the confirmation of + States. Without States one great branch of the legislative government + would be wanting. And if we look beyond the letter of the Constitution + to the character of our country, its capacity for comprehending within + its jurisdiction a vast continental empire is due to the system of + States. The best security for the perpetual existence of the States is + the "supreme authority" of the Constitution of the United States. The + perpetuity of the Constitution brings with it the perpetuity of the + States; their mutual relation makes us what we are, and in our political + system their connection is indissoluble. The whole can not exist without + the parts, nor the parts without the whole. So long as the Constitution + of the United States endures, the States will endure. The destruction of + the one is the destruction of the other; the preservation of the one is + the preservation of the other. +</p> +<p> + I have thus explained my views of the mutual relations of the + Constitution and the States, because they unfold the principles on + which I have sought to solve the momentous questions and overcome the + appalling difficulties that met me at the very commencement of my + Administration. It has been my steadfast object to escape from the + sway of momentary passions and to derive a healing policy from the + fundamental and unchanging principles of the Constitution. +</p> +<p> + I found the States suffering from the effects of a civil war. Resistance + to the General Government appeared to have exhausted itself. The United + States had recovered possession of their forts and arsenals, and their + armies were in the occupation of every State which had attempted to + secede. Whether the territory within the limits of those States should + be held as conquered territory, under military authority emanating from + the President as the head of the Army, was the first question that + presented itself for decision. +</p> +<p> + Now military governments, established for an indefinite period, would + have offered no security for the early suppression of discontent, would + have divided the people into the vanquishers and the vanquished, and + would have envenomed hatred rather than have restored affection. Once + established, no precise limit to their continuance was conceivable. They + would have occasioned an incalculable and exhausting expense. Peaceful + emigration to and from that portion of the country is one of the best + means that can be thought of for the restoration of harmony, and that + emigration would have been prevented; for what emigrant from abroad, + what industrious citizen at home, would place himself willingly under + military rule? The chief persons who would have followed in the train of + the Army would have been dependents on the General Government or men who + expected profit from the miseries of their erring fellow-citizens. The + powers of patronage and rule which would have been exercised, under the + President, over a vast and populous and naturally wealthy region are + greater than, unless under extreme necessity, I should be willing to + intrust to any one man. They are such as, for myself, I could never, + unless on occasions of great emergency, consent to exercise. The willful + use of such powers, if continued through a period of years, would have + endangered the purity of the general administration and the liberties of + the States which remained loyal. +</p> +<p> + Besides, the policy of military rule over a conquered territory would + have implied that the States whose inhabitants may have taken part in + the rebellion had by the act of those inhabitants ceased to exist. But + the true theory is that all pretended acts of secession were from the + beginning null and void. The States can not commit treason nor screen + the individual citizens who may have committed treason any more than + they can make valid treaties or engage in lawful commerce with any + foreign power. The States attempting to secede placed themselves in a + condition where their vitality was impaired, but not extinguished; their + functions suspended, but not destroyed. +</p> +<p> + But if any State neglects or refuses to perform its offices there is the + more need that the General Government should maintain all its authority + and as soon as practicable resume the exercise of all its functions. + On this principle I have acted, and have gradually and quietly, and by + almost imperceptible steps, sought to restore the rightful energy of the + General Government and of the States. To that end provisional governors + have been appointed for the States, conventions called, governors + elected, legislatures assembled, and Senators and Representatives chosen + to the Congress of the United States. At the same time the courts of the + United States, as far as could be done, have been reopened, so that the + laws of the United States may be enforced through their agency. The + blockade has been removed and the custom-houses reestablished in ports + of entry, so that the revenue of the United States may be collected. The + Post-Office Department renews its ceaseless activity, and the General + Government is thereby enabled to communicate promptly with its officers + and agents. The courts bring security to persons and property; the + opening of the ports invites the restoration of industry and commerce; + the post-office renews the facilities of social intercourse and of + business. And is it not happy for us all that the restoration of each + one of these functions of the General Government brings with it a + blessing to the States over which they are extended? Is it not a sure + promise of harmony and renewed attachment to the Union that after all + that has happened the return of the General Government is known only as + a beneficence? +</p> +<p> + I know very well that this policy is attended with some risk; that for + its success it requires at least the acquiescence of the States which it + concerns; that it implies an invitation to those States, by renewing + their allegiance to the United States, to resume their functions as + States of the Union. But it is a risk that must be taken. In the choice + of difficulties it is the smallest risk; and to diminish and if possible + to remove all danger, I have felt it incumbent on me to assert one other + power of the General Government—the power of pardon. As no State can + throw a defense over the crime of treason, the power of pardon is + exclusively vested in the executive government of the United States. In + exercising that power I have taken every precaution to connect it with + the clearest recognition of the binding force of the laws of the United + States and an unqualified acknowledgment of the great social change of + condition in regard to slavery which has grown out of the war. +</p> +<p> + The next step which I have taken to restore the constitutional relations + of the States has been an invitation to them to participate in the high + office of amending the Constitution. Every patriot must wish for a + general amnesty at the earliest epoch consistent with public safety. For + this great end there is need of a concurrence of all opinions and the + spirit of mutual conciliation. All parties in the late terrible conflict + must work together in harmony. It is not too much to ask, in the name of + the whole people, that on the one side the plan of restoration shall + proceed in conformity with a willingness to cast the disorders of the + past into oblivion, and that on the other the evidence of sincerity in + the future maintenance of the Union shall be put beyond any doubt by the + ratification of the proposed amendment to the Constitution, which + provides for the abolition of slavery forever within the limits of our + country. So long as the adoption of this amendment is delayed, so long + will doubt and jealousy and uncertainty prevail. This is the measure + which will efface the sad memory of the past: this is the measure which + will most certainly call population and capital and security to those + parts of the Union that need them most. Indeed, it is not too much to + ask of the States which are now resuming their places in the family of + the Union to give this pledge of perpetual loyalty and peace. Until it + is done the past, however much we may desire it, will not be forgotten. + The adoption of the amendment reunites us beyond all power of + disruption; it heals the wound that is still imperfectly closed; it + removes slavery, the element which has so long perplexed and divided the + country; it makes of us once more a united people, renewed and + strengthened, bound more than ever to mutual affection and support. +</p> +<p> + The amendment to the Constitution being adopted, it would remain for the + States whose powers have been so long in abeyance to resume their places + in the two branches of the National Legislature, and thereby complete + the work of restoration. Here it is for you, fellow-citizens of the + Senate, and for you, fellow-citizens of the House of Representatives, + to judge, each of you for yourselves, of the elections, returns, and + qualifications of your own members. +</p> +<p> + The full assertion of the powers of the General Government requires the + holding of circuit courts of the United States within the districts + where their authority has been interrupted. In the present posture of + our public affairs strong objections have been urged to holding those + courts in any of the States where the rebellion has existed; and it was + ascertained by inquiry that the circuit court of the United States would + not be held within the district of Virginia during the autumn or early + winter, nor until Congress should have "an opportunity to consider and + act on the whole subject." To your deliberations the restoration of + this branch of the civil authority of the United States is therefore + necessarily referred, with the hope that early provision will be made + for the resumption of all its functions. It is manifest that treason, + most flagrant in character, has been committed. Persons who are charged + with its commission should have fair and impartial trials in the highest + civil tribunals of the country, in order that the Constitution and the + laws may be fully vindicated, the truth clearly established and affirmed + that treason is a crime, that traitors should be punished and the + offense made infamous, and, at the same time, that the question may be + judicially settled, finally and forever, that no State of its own will + has the right to renounce its place in the Union. +</p> +<p> + The relations of the General Government toward the 4,000,000 inhabitants + whom the war has called into freedom have engaged my most serious + consideration. On the propriety of attempting to make the freed-men + electors by the proclamation of the Executive I took for my counsel the + Constitution itself, the interpretations of that instrument by its + authors and their contemporaries, and recent legislation by Congress. + When at the first movement toward independence, the Congress of the + United States instructed the several States to institute governments of + their own, they left each State to decide for itself the conditions for + the enjoyment of the elective franchise. During the period of the + Confederacy there continued to exist a very great diversity in the + qualifications of electors in the several States, and even within a + State a distinction of qualifications prevailed with regard to the + officers who were to be chosen. The Constitution of the United States + recognizes these diversities when it enjoins that in the choice of + members of the House of Representatives of the United States "the + electors in each State shall have the qualifications requisite for + electors of the most numerous branch of the State legislature." After + the formation of the Constitution it remained, as before, the uniform + usage for each State to enlarge the body of its electors according to + its own judgment, and under this system one State after another has + proceeded to increase the number of its electors, until now universal + suffrage, or something very near it, is the general rule. So fixed was + this reservation of power in the habits of the people and so + unquestioned has been the interpretation of the Constitution that during + the civil war the late President never harbored the purpose—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. +</p> +<p> + On the other hand, every danger of conflict is avoided when the + settlement of the question is referred to the several States. They can, + each for itself, decide on the measure, and whether it is to be adopted + at once and absolutely or introduced gradually and with conditions. In + my judgment the freedmen, if they show patience and manly virtues, will + sooner obtain a participation in the elective franchise through the + States than through the General Government, even if it had power to + intervene. When the tumult of emotions that have been raised by the + suddenness of the social change shall have subsided, it may prove that + they will receive the kindest usage from some of those on whom they have + heretofore most closely depended. +</p> +<p> + But while I have no doubt that now, after the close of the war, it + is not competent for the General Government to extend the elective + franchise in the several States, it is equally clear that good faith + requires the security of the freedmen in their liberty and their + property, their right to labor, and their right to claim the just return + of their labor. I can not too strongly urge a dispassionate treatment + of this subject, which should be carefully kept aloof from all party + strife. We must equally avoid hasty assumptions of any natural + impossibility for the two races to live side by side in a state of + mutual benefit and good will. The experiment involves us in no + inconsistency; let us, then, go on and make that experiment in good + faith, and not be too easily disheartened. The country is in need of + labor, and the freedmen are in need of employment, culture, and + protection. While their right of voluntary migration and expatriation + is not to be questioned, I would not advise their forced removal and + colonization. Let us rather encourage them to honorable and useful + industry, where it may be beneficial to themselves and to the country; + and, instead of hasty anticipations of the certainty of failure, + let there be nothing wanting to the fair trial of the experiment. + The change in their condition is the substitution of labor by contract + for the status of slavery. The freedman can not fairly be accused of + unwillingness to work so long as a doubt remains about his freedom + of choice in his pursuits and the certainty of his recovering his + stipulated wages. In this the interests of the employer and the employed + coincide. The employer desires in his workmen spirit and alacrity, and + these can be permanently secured in no other way. And if the one ought + to be able to enforce the contract, so ought the other. The public + interest will be best promoted if the several States will provide + adequate protection and remedies for the freedmen. Until this is in some + way accomplished there is no chance for the advantageous use of their + labor, and the blame of ill success will not rest on them. +</p> +<p> + I know that sincere philanthropy is earnest for the immediate + realization of its remotest aims; but time is always an element in + reform. It is one of the greatest acts on record to have brought + 4,000,000 people into freedom. The career of free industry must be + fairly opened to them, and then their future prosperity and condition + must, after all, rest mainly on themselves. If they fail, and so perish + away, let us be careful that the failure shall not be attributable to + any denial of justice. In all that relates to the destiny of the + freedmen we need not be too anxious to read the future; many incidents + which, from a speculative point of view, might raise alarm will quietly + settle themselves. Now that slavery is at an end, or near its end, the + greatness of its evil in the point of view of public economy becomes + more and more apparent. Slavery was essentially a monopoly of labor, and + as such locked the States where it prevailed against the incoming of + free industry. Where labor was the property of the capitalist, the white + man was excluded from employment, or had but the second best chance of + finding it; and the foreign emigrant turned away from the region where + his condition would be so precarious. With the destruction of the + monopoly free labor will hasten from all parts of the civilized world to + assist in developing various and immeasurable resources which have + hitherto lain dormant. The eight or nine States nearest the Gulf of + Mexico have a soil of exuberant fertility, a climate friendly to long + life, and can sustain a denser population than is found as yet in any + part of our country. And the future influx of population to them will + be mainly from the North or from the most cultivated nations in Europe. + From the sufferings that have attended them during our late struggle let + us look away to the future, which is sure to be laden for them with + greater prosperity than has ever before been known. The removal of the + monopoly of slave labor is a pledge that those regions will be peopled + by a numerous and enterprising population, which will vie with any in + the Union in compactness, inventive genius, wealth, and industry. +</p> +<p> + Our Government springs from and was made for the people—not the people + for the Government. To them it owes allegiance; from them it must derive + its courage, strength, and wisdom. But while the Government is thus + bound to defer to the people, from whom it derives its existence, it + should, from the very consideration of its origin, be strong in its + power of resistance to the establishment of inequalities. Monopolies, + perpetuities, and class legislation are contrary to the genius of free + government, and ought not to be allowed. Here there is no room for + favored classes or monopolies; the principle of our Government is that + of equal laws and freedom of industry. Wherever monopoly attains a + foothold, it is sure to be a source of danger, discord, and trouble. We + shall but fulfill our duties as legislators by according "equal and + exact justice to all men," special privileges to none. The Government is + subordinate to the people; but, as the agent and representative of the + people, it must be held superior to monopolies, which in themselves + ought never to be granted, and which, where they exist, must be + subordinate and yield to the Government. +</p> +<p> + The Constitution confers on Congress the right to regulate commerce + among the several States. It is of the first necessity, for the + maintenance of the Union, that that commerce should be free and + unobstructed. No State can be justified in any device to tax the transit + of travel and commerce between States. The position of many States is + such that if they were allowed to take advantage of it for purposes of + local revenue the commerce between States might be injuriously burdened, + or even virtually prohibited. It is best, while the country is still + young and while the tendency to dangerous monopolies of this kind is + still feeble, to use the power of Congress so as to prevent any selfish + impediment to the free circulation of men and merchandise. A tax on + travel and merchandise in their transit constitutes one of the worst + forms of monopoly, and the evil is increased if coupled with a denial of + the choice of route. When the vast extent of our country is considered, + it is plain that every obstacle to the free circulation of commerce + between the States ought to be sternly guarded against by appropriate + legislation within the limits of the Constitution. +</p> +<p> + The report of the Secretary of the Interior explains the condition of + the public lands, the transactions of the Patent Office and the Pension + Bureau, the management of our Indian affairs, the progress made in the + construction of the Pacific Railroad, and furnishes information in + reference to matters of local interest in the District of Columbia. It + also presents evidence of the successful operation of the homestead act, + under the provisions of which 1,160,533 acres of the public lands were + entered during the last fiscal year—more than one-fourth of the whole + number of acres sold or otherwise disposed of during that period. It is + estimated that the receipts derived from this source are sufficient to + cover the expenses incident to the survey and disposal of the lands + entered under this act, and that payments in cash to the extent of from + 40 to 50 per cent will be made by settlers who may thus at any time + acquire title before the expiration of the period at which it would + otherwise vest. The homestead policy was established only after long and + earnest resistance; experience proves its wisdom. The lands in the hands + of industrious settlers, whose labor creates wealth and contributes to + the public resources, are worth more to the United States than if they + had been reserved as a solitude for future purchasers. +</p> +<p> + The lamentable events of the last four years and the sacrifices made by + the gallant men of our Army and Navy have swelled the records of the + Pension Bureau to an unprecedented extent. On the 30th day of June last + the total number of pensioners was 85,986, requiring for their annual + pay, exclusive of expenses, the sum of $8,023,445. The number of + applications that have been allowed since that date will require a large + increase of this amount for the next fiscal year, The means for the + payment of the stipends due under existing laws to our disabled soldiers + and sailors and to the families of such as have perished in the service + of the country will no doubt be cheerfully and promptly granted. + A grateful people will not hesitate to sanction any measures having + for their object the relief of soldiers mutilated and families made + fatherless in the efforts to preserve our national existence. +</p> +<p> + The report of the Postmaster-General presents an encouraging exhibit + of the operations of the Post-Office Department during the year. The + revenues of the past year, from the loyal States alone, exceeded the + maximum annual receipts from all the States previous to the rebellion + in the sum of $6,038,091; and the annual average increase of revenue + during the last four years, compared with the revenues of the four + years immediately preceding the rebellion, was $3,533,845. The revenues + of the last fiscal year amounted to $14,556,158 and the expenditures + to $13,694,728, leaving a surplus of receipts over expenditures of + $861,430. Progress has been made in restoring the postal service in the + Southern States. The views presented by the Postmaster-General against + the policy of granting subsidies to the ocean mail steamship lines upon + established routes and in favor of continuing the present system, which + limits the compensation for ocean service to the postage earnings, are + recommended to the careful consideration of Congress. +</p> +<p> + It appears from the report of the Secretary of the Navy that while at + the commencement of the present year there were in commission 530 + vessels of all classes and descriptions, armed with 3,000 guns and + manned by 51,000 men, the number of vessels at present in commission is + 117, with 830 guns and 12,128 men. By this prompt reduction of the naval + forces the expenses of the Government have been largely diminished, and + a number of vessels purchased for naval purposes from the merchant + marine have been returned to the peaceful pursuits of commerce. Since + the suppression of active hostilities our foreign squadrons have been + reestablished, and consist of vessels much more efficient than those + employed on similar service previous to the rebellion. The suggestion + for the enlargement of the navy-yards, and especially for the + establishment of one in fresh water for ironclad vessels, is deserving + of consideration, as is also the recommendation for a different location + and more ample grounds for the Naval Academy. +</p> +<p> + In the report of the Secretary of War a general summary is given of the + military campaigns of 1864 and 1865, ending in the suppression of armed + resistance to the national authority in the insurgent States. The + operations of the general administrative bureaus of the War Department + during the past year are detailed and an estimate made of the + appropriations that will be required for military purposes in the fiscal + year commencing the 1st day of July, 1866. The national military force + on the 1st of May, 1865, numbered 1,000,516 men. It is proposed to + reduce the military establishment to a peace footing, comprehending + 50,000 troops of all arms, organized so as to admit of an enlargement + by filling up the ranks to 82,600 if the circumstances of the country + should require an augmentation of the Army. The volunteer force has + already been reduced by the discharge from service of over 800,000 + troops, and the Department is proceeding rapidly in the work of further + reduction. The war estimates are reduced from $516,240,131 to + $33,814,461, which amount, in the opinion of the Department, is adequate + for a peace establishment. The measures of retrenchment in each bureau + and branch of the service exhibit a diligent economy worthy of + commendation. Reference is also made in the report to the necessity of + providing for a uniform militia system and to the propriety of making + suitable provision for wounded and disabled officers and soldiers. +</p> +<p> + The revenue system of the country is a subject of vital interest to its + honor and prosperity, and should command the earnest consideration of + Congress. The Secretary of the Treasury will lay before you a full and + detailed report of the receipts and disbursements of the last fiscal + year, of the first quarter of the present fiscal year, of the probable + receipts and expenditures for the other three quarters, and the + estimates for the year following the 30th of June, 1866. I might content + myself with a reference to that report, in which you will find all the + information required for your deliberations and decision, but the + paramount importance of the subject so presses itself on my own mind + that I can not but lay before you my views of the measures which are + required for the good character, and I might almost say for the + existence, of this people. The life of a republic lies certainly in the + energy, virtue, and intelligence of its citizens; but it is equally true + that a good revenue system is the life of an organized government. I + meet you at a time when the nation has voluntarily burdened itself with + a debt unprecedented in our annals. Vast as is its amount, it fades away + into nothing when compared with the countless blessings that will be + conferred upon our country and upon man by the preservation of the + nation's life. Now, on the first occasion of the meeting of Congress + since the return of peace, it is of the utmost importance to inaugurate + a just policy, which shall at once be put in motion, and which shall + commend itself to those who come after us for its continuance. We must + aim at nothing less than the complete effacement of the financial evils + that necessarily followed a state of civil war. We must endeavor to + apply the earliest remedy to the deranged state of the currency, and not + shrink from devising a policy which, without being oppressive to the + people, shall immediately begin to effect a reduction of the debt, and, + if persisted in, discharge it fully within a definitely fixed number of + years. +</p> +<p> + It is our first duty to prepare in earnest for our recovery from the + ever-increasing evils of an irredeemable currency without a sudden + revulsion, and yet without untimely procrastination. For that end we + must each, in our respective positions, prepare the way. I hold it the + duty of the Executive to insist upon frugality in the expenditures, and + a sparing economy is itself a great national resource. Of the banks to + which authority has been given to issue notes secured by bonds of the + United States we may require the greatest moderation and prudence, and + the law must be rigidly enforced when its limits are exceeded. We may + each one of us counsel our active and enterprising countrymen to be + constantly on their guard, to liquidate debts contracted in a paper + currency, and by conducting business as nearly as possible on a system + of cash payments or short credits to hold themselves prepared to return + to the standard of gold and silver. To aid our fellow-citizens in the + prudent management of their monetary affairs, the duty devolves on us to + diminish by law the amount of paper money now in circulation. Five years + ago the bank-note circulation of the country amounted to not much more + than two hundred millions; now the circulation, bank and national, + exceeds seven hundred millions. The simple statement of the fact + recommends more strongly than any words of mine could do the necessity + of our restraining this expansion. The gradual reduction of the currency + is the only measure that can save the business of the country from + disastrous calamities, and this can be almost imperceptibly accomplished + by gradually funding the national circulation in securities that may be + made redeemable at the pleasure of the Government. +</p> +<p> + Our debt is doubly secure—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. +</p> +<p> + It is estimated by the Secretary of the Treasury that the expenditures + for the fiscal year ending the 30th of June, 1866, will exceed the + receipts $112,194,947. It is gratifying, however, to state that it is + also estimated that the revenue for the year ending the 30th of June, + 1867, will exceed the expenditures in the sum of $111,682,818. This + amount, or so much as may be deemed sufficient for the purpose, may be + applied to the reduction of the public debt, which on the 31st day of + October, 1865, was $2,740,854,750. Every reduction will diminish the + total amount of interest to be paid, and so enlarge the means of still + further reductions, until the whole shall be liquidated; and this, as + will be seen from the estimates of the Secretary of the Treasury, may be + accomplished by annual payments even within a period not exceeding + thirty years. I have faith that we shall do all this within a reasonable + time; that as we have amazed the world by the suppression of a civil war + which was thought to be beyond the control of any government, so we + shall equally show the superiority of our institutions by the prompt and + faithful discharge of our national obligations. +</p> +<p> + The Department of Agriculture under its present direction is + accomplishing much in developing and utilizing the vast agricultural + capabilities of the country, and for information respecting the details + of its management reference is made to the annual report of the + Commissioner. +</p> +<p> + I have dwelt thus fully on our domestic affairs because of their + transcendent importance. Under any circumstances our great extent of + territory and variety of climate, producing almost everything that is + necessary for the wants and even the comforts of man, make us singularly + independent of the varying policy of foreign powers and protect us + against every temptation to "entangling alliances," while at the present + moment the reestablishment of harmony and the strength that comes from + harmony will be our best security against "nations who feel power and + forget right." For myself, it has been and it will be my constant aim to + promote peace and amity with all foreign nations and powers, and I have + every reason to believe that they all, without exception, are animated + by the same disposition. Our relations with the Emperor of China, so + recent in their origin, are most friendly. Our commerce with his + dominions is receiving new developments, and it is very pleasing to find + that the Government of that great Empire manifests satisfaction with our + policy and reposes just confidence in the fairness which marks our + intercourse. The unbroken harmony between the United States and the + Emperor of Russia is receiving a new support from an enterprise designed + to carry telegraphic lines across the continent of Asia, through his + dominions, and so to connect us with all Europe by a new channel of + intercourse. Our commerce with South America is about to receive + encouragement by a direct line of mail steamships to the rising Empire + of Brazil. The distinguished party of men of science who have recently + left our country to make a scientific exploration of the natural history + and rivers and mountain ranges of that region have received from the + Emperor that generous welcome which was to have been expected from his + constant friendship for the United States and his well-known zeal in + promoting the advancement of knowledge. A hope is entertained that our + commerce with the rich and populous countries that border the + Mediterranean Sea may be largely increased. Nothing will be wanting on + the part of this Government to extend the protection of our flag over + the enterprise of our fellow-citizens. We receive from the powers in + that region assurances of good will; and it is worthy of note that a + special envoy has brought us messages of condolence on the death of our + late Chief Magistrate from the Bey of Tunis, whose rule includes the old + dominions of Carthage, on the African coast. +</p> +<p> + Our domestic contest, now happily ended, has left some traces in our + relations with one at least of the great maritime powers. The formal + accordance of belligerent rights to the insurgent States was + unprecedented, and has not been justified by the issue. But in the + systems of neutrality pursued by the powers which made that concession + there was a marked difference. The materials of war for the insurgent + States were furnished, in a great measure, from the workshops of Great + Britain, and British ships, manned by British subjects and prepared for + receiving British armaments, sallied from the ports of Great Britain to + make war on American commerce under the shelter of a commission from the + insurgent States. These ships, having once escaped from British ports, + ever afterwards entered them in every part of the world to refit, and so + to renew their depredations. The consequences of this conduct were most + disastrous to the States then in rebellion, increasing their desolation + and misery by the prolongation of our civil contest. It had, moreover, + the effect, to a great extent, to drive the American flag from the sea, + and to transfer much of our shipping and our commerce to the very power + whose subjects had created the necessity for such a change. These events + took place before I was called to the administration of the Government. + The sincere desire for peace by which I am animated led me to approve + the proposal, already made, to submit the question which had thus arisen + between the countries to arbitration. These questions are of such moment + that they must have commanded the attention of the great powers, and are + so interwoven with the peace and interests of every one of them as to + have insured an impartial decision. I regret to inform you that Great + Britain declined the arbitrament, but, on the other hand, invited us to + the formation of a joint commission to settle mutual claims between the + two countries, from which those for the depredations before mentioned + should be excluded. The proposition, in that very unsatisfactory form, + has been declined. +</p> +<p> + The United States did not present the subject as an impeachment of the + good faith of a power which was professing the most friendly + dispositions, but as involving questions of public law of which the + settlement is essential to the peace of nations; and though pecuniary + reparation to their injured citizens would have followed incidentally + on a decision against Great Britain, such compensation was not their + primary object. They had a higher motive, and it was in the interests of + peace and justice to establish important principles of international + law. The correspondence will be placed before you. The ground on which + the British minister rests his justification is, substantially, that the + municipal law of a nation and the domestic interpretations of that law + are the measure of its duty as a neutral, and I feel bound to declare my + opinion before you and before the world that that justification can not + be sustained before the tribunal of nations. At the same time, I do not + advise to any present attempt at redress by acts of legislation. For the + future, friendship between the two countries must rest on the basis of + mutual justice. +</p> +<p> + From the moment of the establishment of our free Constitution the + civilized world has been convulsed by revolutions in the interests of + democracy or of monarchy, but through all those revolutions the United + States have wisely and firmly refused to become propagandists of + republicanism. It is the only government suited to our condition; but + we have never sought to impose it on others, and we have consistently + followed the advice of Washington to recommend it only by the careful + preservation and prudent use of the blessing. During all the intervening + period the policy of European powers and of the United States has, on + the whole, been harmonious. Twice, indeed, rumors of the invasion of + some parts of America in the interest of monarchy have prevailed; twice + my predecessors have had occasion to announce the views of this nation + in respect to such interference. On both occasions the remonstrance of + the United States was respected from a deep conviction on the part of + European Governments that the system of noninterference and mutual + abstinence from propagandism was the true rule for the two hemispheres. + Since those times we have advanced in wealth and power, but we retain + the same purpose to leave the nations of Europe to choose their own + dynasties and form their own systems of government. This consistent + moderation may justly demand a corresponding moderation. We should + regard it as a great calamity to ourselves, to the cause of good + government, and to the peace of the world should any European power + challenge the American people, as it were, to the defense of + republicanism against foreign interference. We can not foresee and are + unwilling to consider what opportunities might present themselves, what + combinations might offer to protect ourselves against designs inimical + to our form of government. The United States desire to act in the + future as they have ever acted heretofore; they never will be driven + from that course but by the aggression of European powers, and we + rely on the wisdom and justice of those powers to respect the system of + noninterference which has so long been sanctioned by time, and which by + its good results has approved itself to both continents. +</p> +<p> + The correspondence between the United States and France in reference to + questions which have become subjects of discussion between the two + Governments will at a proper time be laid before Congress. +</p> +<p> + When, on the organization of our Government under the Constitution, the + President of the United States delivered his inaugural address to the + two Houses of Congress, he said to them, and through them to the country + and to mankind, that— +</p> +<p class="q"> + The preservation of the sacred fire of liberty and the destiny of the + republican model of government are justly considered, perhaps, as + <i>deeply</i>, as <i>finally</i>, staked on the experiment intrusted to the hands + of the American people. +</p> +<p> + And the House of Representatives answered Washington by the voice of + Madison: +</p> +<p class="q"> + We adore the Invisible Hand which has led the American people, through + so many difficulties, to cherish a conscious responsibility for the + destiny of republican liberty. +</p> +<p> + More than seventy-six years have glided away since these words were + spoken; the United States have passed through severer trials than were + foreseen; and now, at this new epoch in our existence as one nation, + with our Union purified by sorrows and strengthened by conflict and + established by the virtue of the people, the greatness of the occasion + invites us once more to repeat with solemnity the pledges of our fathers + to hold ourselves answerable before our fellow-men for the success of + the republican form of government. Experience has proved its sufficiency + in peace and in war; it has vindicated its authority through dangers and + afflictions, and sudden and terrible emergencies, which would have + crushed any system that had been less firmly fixed in the hearts of the + people. At the inauguration of Washington the foreign relations of the + country were few and its trade was repressed by hostile regulations; now + all the civilized nations of the globe welcome our commerce, and their + governments profess toward us amity. Then our country felt its way + hesitatingly along an untried path, with States so little bound together + by rapid means of communication as to be hardly known to one another, + and with historic traditions extending over very few years; now + intercourse between the States is swift and intimate; the experience of + centuries has been crowded into a few generations, and has created an + intense, indestructible nationality. Then our jurisdiction did not reach + beyond the inconvenient boundaries of the territory which had achieved + independence; now, through cessions of lands, first colonized by Spain + and France, the country has acquired a more complex character, and has + for its natural limits the chain of lakes, the Gulf of Mexico, and on + the east and the west the two great oceans. Other nations were wasted by + civil wars for ages before they could establish for themselves the + necessary degree of unity; the latent conviction that our form of + government is the best ever known to the world has enabled us to emerge + from civil war within four years with a complete vindication of the + constitutional authority of the General Government and with our local + liberties and State institutions unimpaired. +</p> +<p> + The throngs of emigrants that crowd to our shores are witnesses of the + confidence of all peoples in our permanence. Here is the great land of + free labor, where industry is blessed with unexampled rewards and the + bread of the workingman is sweetened by the consciousness that the cause + of the country "is his own cause, his own safety, his own dignity." Here + everyone enjoys the free use of his faculties and the choice of activity + as a natural right. Here, under the combined influence of a fruitful + soil, genial climes, and happy institutions, population has increased + fifteen-fold within a century. Here, through the easy development of + boundless resources, wealth has increased with twofold greater rapidity + than numbers, so that we have become secure against the financial + vicissitudes of other countries and, alike in business and in opinion, + are self-centered and truly independent. Here more and more care is + given to provide education for everyone born on our soil. Here religion, + released from political connection with the civil government, refuses to + subserve the craft of statesmen, and becomes in its independence the + spiritual life of the people. Here toleration is extended to every + opinion, in the quiet certainty that truth needs only a fair field to + secure the victory. Here the human mind goes forth unshackled in the + pursuit of science, to collect stores of knowledge and acquire an + ever-increasing mastery over the forces of nature. Here the national + domain is offered and held in millions of separate freeholds, so that + our fellow-citizens, beyond the occupants of any other part of the + earth, constitute in reality a people. Here exists the democratic form + of government; and that form of government, by the confession of + European statesmen, "gives a power of which no other form is capable, + because it incorporates every man with the state and arouses everything + that belongs to the soul." +</p> +<p> + Where in past history does a parallel exist to the public happiness + which is within the reach of the people of the United States? Where in + any part of the globe can institutions be found so suited to their + habits or so entitled to their love as their own free Constitution? + Every one of them, then, in whatever part of the land he has his home, + must wish its perpetuity. Who of them will not now acknowledge, in the + words of Washington, that "every step by which the people of the United + States have advanced to the character of an independent nation seems to + have been distinguished by some token of providential agency"? Who will + not join with me in the prayer that the Invisible Hand which has led us + through the clouds that gloomed around our path will so guide us onward + to a perfect restoration of fraternal affection that we of this day may + be able to transmit our great inheritance of State governments in all + their rights, of the General Government in its whole constitutional + vigor, to our posterity, and they to theirs through countless + generations? +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 11, 1865</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I transmit a report of this date from the Secretary of State, and the + papers referred to therein, concerning the Universal Exposition to be + held at Paris in the year 1867, in which the United States have been + invited by the Government of France to take part. I commend the subject + to your early and favorable consideration. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 13, 1865</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 11th instant, + requesting information on the subject of a decree of the so-called + Emperor of Mexico of the 3d of October last, I transmit a report from + the Secretary of State and the documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 14, 1865</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the + 11th instant, requesting information relative to a so-called decree + concerning the reestablishment of slavery or peonage in the Republic + of Mexico, I transmit a report from the Secretary of State and the + documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>December 18, 1865</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + In compliance with the requirements of the third section of the act + approved March 3, 1865, I transmit herewith a communication from the + Secretary of War, with the accompanying report and estimates of the + Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 18, 1865</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to the resolution adopted by the Senate on the 12th instant, + I have the honor to state that the rebellion waged by a portion of the + people against the properly constituted authority of the Government of + the United States has been suppressed; that the United States are in + possession of every State in which the insurrection existed, and that, + as far as it could be done, the courts of the United States have been + restored, post-offices reestablished, and steps taken to put into + effective operation the revenue laws of the country. +</p> +<p> + As the result of the measures instituted by the Executive with the view + of inducing a resumption of the functions of the States comprehended in + the inquiry of the Senate, the people of North Carolina, South Carolina, + Georgia, Alabama, Mississippi, Louisiana, Arkansas, and Tennessee have + reorganized their respective State governments, and "are yielding + obedience to the laws and Government of the United States" with more + willingness and greater promptitude than under the circumstances could + reasonably have been anticipated. The proposed amendment to the + Constitution, providing for the abolition of slavery forever within the + limits of the country, has been ratified by each one of those States, + with the exception of Mississippi, from which no official information + has been received, and in nearly all of them measures have been adopted + or are now pending to confer upon freedmen the privileges which are + essential to their comfort, protection, and security. In Florida and + Texas the people are making commendable progress in restoring their + State governments, and no doubt is entertained that they will at an + early period be in a condition to resume all of their practical + relations with the General Government. +</p> +<p> + In "that portion of the Union lately in rebellion" the aspect of affairs + is more promising than, in view of all the circumstances, could well + have been expected. The people throughout the entire South evince a + laudable desire to renew their allegiance to the Government and to + repair the devastations of war by a prompt and cheerful return to + peaceful pursuits, and abiding faith is entertained that their actions + will conform to their professions, and that in acknowledging the + supremacy of the Constitution and laws of the United States their + loyalty will be unreservedly given to the Government, whose leniency + they can not fail to appreciate and whose fostering care will soon + restore them to a condition of prosperity. It is true that in some of + the States the demoralizing effects of the war are to be seen in + occasional disorders; but these are local in character, not frequent in + occurrence, and are rapidly disappearing as the authority of civil law + is extended and sustained. Perplexing questions are naturally to be + expected from the great and sudden change in the relations between the + two races; but systems are gradually developing themselves under which + the freedman will receive the protection to which he is justly entitled, + and, by means of his labor, make himself a useful and independent member + in the community in which he has a home. +</p> +<p> + From all the information in my possession and from that which I have + recently derived from the most reliable authority I am induced to + cherish the belief that sectional animosity is surely and rapidly + merging itself into a spirit of nationality, and that representation, + connected with a properly adjusted system of taxation, will result in + a harmonious restoration of the relation of the States to the National + Union. +</p> +<p> + The report of Carl Schurz is herewith transmitted, as requested by the + Senate. No reports from the Hon. John Covode have been received by the + President. The attention of the Senate is invited to the accompanying + report from Lieutenant-General Grant, who recently made a tour of + inspection through several of the States whose inhabitants participated + in the rebellion. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 20, 1865</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to the resolution of the Senate of the 19th instant, requesting + that the President, if not inconsistent with the public service, + communicate to the Senate the "report of General Howard of his + observations of the condition of the seceded States and the operation of + the Freedmen's Bureau therein," I have to state that the report of the + Commissioner of the Bureau of Refugees, Freedmen, and Abandoned Lands + was yesterday transmitted to both Houses of Congress, as required by the + third section of the act approved March 3, 1865. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 21, 1865</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 11th instant, + respecting the occupation by the French troops of the Republic of Mexico + and the establishment of a monarchy there, I transmit a report from the + Secretary of State and the documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 5, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 19th ultimo, + requesting information in regard to any plans to induce the immigration + of dissatisfied citizens of the United States into Mexico, their + organization there with the view to create disturbances in the United + States, and especially in regard to the plans of Dr. William M. Gwin and + M.F. Maury, and to the action taken by the Government of the United + States to prevent the success of such schemes, I transmit a report from + the Acting Secretary of State and the papers by which it was + accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 5, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received the following preamble and resolution, adopted by the + Senate on the 21st ultimo: +</p> +<p class="q"> + Whereas the Constitution declares that "in all criminal prosecutions + the accused shall enjoy the right of a speedy and public trial by an + impartial jury of the State or district wherein the crime shall have + been committed;" and +</p><p class="q"> + Whereas several months have elapsed since Jefferson Davis, late + president of the so-called Confederate States, was captured and confined + for acts notoriously done by him as such, which acts, if duly proved, + render him guilty of treason against the United States and liable to the + penalties thereof; and +</p><p class="q"> + Whereas hostilities between the Government of the United States and the + insurgents have ceased, and not one of the latter, so far as is known to + the Senate, is now held in confinement for the part he may have acted in + the rebellion except said Jefferson Davis: Therefore, +</p><p class="q"> + <i>Resolved</i>, That the President be respectfully requested, if compatible + with the public safety, to inform the Senate upon what charges or for + what reasons said Jefferson Davis is still held in confinement, and why + he has not been put upon his trial. +</p> +<p> + In reply to the resolution I transmit the accompanying reports from the + Secretary of War and the Attorney-General, and at the same time invite + the attention of the Senate to that portion of my message dated the 4th + day of December last which refers to Congress the questions connected + with the holding of circuit courts of the United States within the + districts where their authority has been interrupted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 5, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + the 18th ultimo, requesting information in regard to steps taken by the + so-called Emperor of Mexico or by any European power to obtain from the + United States a recognition of the so-called Empire of Mexico, and what + action has been taken in the premises by the Government of the United + States, I transmit a report from the Acting Secretary of State and the + papers by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 10, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 8th + instant, asking for information in regard to the alleged kidnaping in + Mexico of the child of an American lady, I transmit a report from the + Acting Secretary of State, to whom the resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 12, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith a communication addressed to me by Messrs. John + Evans and J.B. ChaÃfee as "United States Senators elect from the State + of Colorado," together with the accompanying documents. +</p> +<p> + Under authority of the act of Congress approved the 21st day of + March, 1864, the people of Colorado, through a convention, formed a + constitution making provision for a State government, which, when + submitted to the qualified voters of the Territory, was rejected. +</p> +<p> + In the summer of 1865 a second convention was called by the executive + committees of the several political parties in the Territory, which + assembled at Denver on the 8th of August, 1865. On the 12th of that + month this convention adopted a State constitution, which was submitted + to the people on the 5th of September, 1865, and ratified by a majority + of 155 of the qualified voters. The proceedings in the second instance + for the formation of a State government having differed in time and mode + from those specified in the act of March 21, 1864, I have declined to + issue the proclamation for which provision is made in the fifth section + of the law, and therefore submit the question for the consideration and + further action of Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE, <i>January 20, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate to the Senate herewith, for its constitutional action + thereon, the several treaties<a href="#note-5"><small>5</small></a> with the Indians of the Southwest + referred to in the accompanying communication from the Secretary of + the Interior. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE OFFICE, <i>January 20, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate to the Senate herewith, for its constitutional action + thereon, the several treaties with bands of the Sioux Nation of Indians + which are referred to in the accompanying communication from the + Secretary of the Interior. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>January 20, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate to the Senate herewith, for its constitutional action + thereon, the treaties with the Omaha and Winnebago Indians referred to + in the accompanying communication from the Secretary of the Interior. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 11th instant, + requesting information in regard to a negotiation for the transit of + United States troops in 1861 through Mexican territory, I transmit a + report from the Acting Secretary of State and the papers by which it + was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and the Empire of + Japan for the reduction of import duties, which was signed at Yedo the + 28th of January, 1864. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the Empire of Japan and the + Governments of the United States, Great Britain, France, and Holland, + providing for the payment to said Governments of the sum of $3,000,000 + for indemnities and expenses, which was signed by the respective parties + at Yokohama on the 22d of October, 1864. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 17th instant, + requesting the President "to communicate to the Senate, if in his + opinion not inconsistent with the public interest, any letters from + Major-General Sheridan, commanding the Military Division of the Gulf, + or from any other officer of the Department of Texas, in regard to the + present condition of affairs on the southeastern frontier of the United + States, and especially in regard to any violation of neutrality on the + part of the army now occupying the right bank of the Rio Grande," + I transmit herewith a report from the Secretary of War, bearing date + the 24th instant. +</p> +<p> + Concurring in his opinion that the publication of the correspondence + at this time is not consistent with the public interest, the papers + referred to in the accompanying report are for the present withheld. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 22d instant, requesting the communication of any correspondence or other + information in regard to a demonstration by the Congress of the United + States of Colombia, or any other country, in honor of President Juarez, + of the Republic of Mexico, I transmit herewith a report from the Acting + Secretary of State, with the papers by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 8th + instant, asking for information in regard to the reported surrender of + the rebel pirate vessel called the <i>Shenandoah</i>, I transmit a report + from the Acting Secretary of State, to whom the resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 30, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + Believing that the commercial interests of our country would be promoted + by a formal recognition of the independence of the Dominican Republic, + while such a recognition would be in entire conformity with the settled + policy of the United States, I have with that view nominated to the + Senate an officer of the same grade with the one now accredited to the + Republic of Hayti; and I recommend that an appropriation be made by + Congress toward providing for his compensation. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 1, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 10th ultimo, requesting information in regard to the organization in the + city of New York of the "Imperial Mexican Express Company" under a grant + from the so-called Emperor of Mexico, I transmit a report from the + Secretary of State and the papers by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 2, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The accompanying correspondence is transmitted to the Senate in + compliance with its resolution of the 16th ultimo, requesting the + President, "if not inconsistent with the public interest, to communicate + to the Senate any correspondence which may have taken place between + himself and any of the judges of the Supreme Court touching the holding + of the civil courts of the United States in the insurrectionary States + for the trial of crimes against the United States." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 2, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 30th ultimo, requesting + the President, "if not incompatible with the public interests, to + communicate to the Senate a copy of the late report of Major-General + Sherman upon the condition of the States in his department, in which he + has lately made a tour of inspection," I transmit herewith a copy of a + communication, dated December 22, 1865, addressed to the Headquarters of + the Army by Major-General Sherman, commanding the Military Division of + the Mississippi. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 9, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the + 10th ultimo, requesting the President of the United States, "if not + incompatible with the public interest, to communicate to the House + any report or reports made by the Judge-Advocate-General or any other + officer of the Government as to the grounds, facts, or accusations upon + which Jefferson Davis, Clement C. Clay, jr., Stephen R. Mallory, and + David L. Yulee, or either of them, are held in confinement," I transmit + herewith reports from the Secretary of War and the Attorney-General, + and concur in the opinion therein expressed that the publication of + the papers called for by the resolution is not at the present time + compatible with the public interest. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 10, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit, for the consideration of Congress, a correspondence between + the Secretary of State and the minister of France accredited to this + Government, and also other papers, relative to a proposed international + conference at Constantinople upon the subject of cholera. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 5, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit the accompanying report from the Secretary of War, in answer + to the resolution of the House of Representatives of the 27th ultimo, + requesting information in regard to the distribution of the rewards + offered by the Government for the arrest of the assassins of the late + President Lincoln. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 5, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 27th ultimo, I + transmit, herewith a communication from the Secretary of War, together + with the reports of the assistant commissioners of the Freedmen's Bureau + made since December 1, 1865. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 6, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolutions of the Senate of the 5th of January and + 27th of February last, requesting information in regard to provisional + governors of States, I transmit reports from the Secretary of State and + the Secretary of War, to whom the resolutions were referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 6, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its constitutional action thereon, a + treaty with the Utah, Yampah-Ute, Pah-Vant, San-Pete-Ute, Tim-p-nogs, + and Cum-um-bah bands of the Utah Indians, referred to in the + accompanying papers from the Secretary of the Interior. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 6, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the + 12th of January last, requesting information in regard to provisional + governments of certain States, I transmit a report from the Secretary + of State, to whom the resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 6, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 27th + ultimo, requesting certain information in relation to President Benito + Juarez, of Mexico, I transmit a report from the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 8, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate, a copy of a letter of + the 21st ultimo from the governor of the Territory of Colorado to the + Secretary of State, with the memorial to which it refers, relative to + the location of the Pacific Railroad. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 12, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit, for your consideration, a copy of two communications from + the minister of the United States at Paris, in regard to a proposed + exhibition of fishery and water culture, to be held at Arcachon, near + Bordeaux, in France, in July next. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 15, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 5th instant, upon the + subject of the supposed kidnaping of colored persons in the Southern + States for the purpose of selling them as slaves in Cuba, I transmit a + report from the Secretary of State, to whom the resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 19, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives dated + January 5, 1866, requesting information as to the number of men and + officers in the regular and volunteer service of the United States, + I transmit a report from the Secretary of War, with the papers by which + it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 11th of December last, requesting information upon the present condition + of affairs in the Republic of Mexico, I transmit a report from the + Secretary of State and the papers by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 21, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its constitutional action thereon, + a treaty made with the Great and Little Osage Indians on the 29th + September, 1865, together with the accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 21, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its constitutional action thereon, a + treaty made with the Woll-pah-pe tribe of Snake Indians on the 12th of + August, 1865, together with the accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 26, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a memorial of the legislature of Alabama, + asking an extension of time for the completion of certain railroads in + said State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 30, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the constitutional action of the Senate, + a treaty negotiated with the Shawnee Indians, dated March 1, 1866, + with supplemental article, dated March 14, 1866, with accompanying + communications from the honorable Secretary of the Interior and + Commissioner of Indian Affairs. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 3, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report by the Secretary of War, in compliance with + the Senate resolution of the 7th March, 1866, respecting the improvement + of the Washington City Canal, to promote the health of the metropolis. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 3, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a communication from the Secretary of the Treasury, dated the + 22d ultimo, together with a letter addressed to him by the governor of + Alabama, asking that the State of Alabama may be allowed to assume and + pay in State bonds the direct tax now due from that State to the United + States, or that delay of payment may be authorized until the State can + by the sale of its bonds or by taxation make provision for the + liquidation of the indebtedness. +</p> +<p> + I concur in the opinion of the Secretary of the Treasury "that it is + desirable that the State of Alabama and the other Southern States should + be allowed to assume and pay their proportion of the direct taxes now + due," and therefore recommend the necessary legislation by Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 4, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a report from the Secretary of State, with the + accompanying papers, relative to the claim on this Government of the + owners of the British vessel <i>Magicienne</i>, and recommend an + appropriation for the satisfaction of the claim, pursuant to the award + of the arbitrators. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 5, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit communications from the Secretary of the Treasury + and the Postmaster-General, suggesting a modification of the oath of + office prescribed by the act of Congress approved July 2, 1862. I fully + concur in their recommendation, and as the subject pertains to the + efficient administration of the revenue and postal laws in the Southern + States I earnestly commend it to the early consideration of Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 6, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the constitutional action of the Senate, a supplemental + article to the Pottawatomie treaty of November 15, 1861, concluded on + the 29th ultimo, together with the accompanying communications from the + Secretary of the Interior and Commissioner of Indian Affairs. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 7, 1866</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit a communication from the Secretary of the Interior, with the + accompanying papers, in reference to grants of land made by acts of + Congress passed in the years 1850, 1853, and 1856 to the States of + Mississippi, Alabama, Arkansas, Florida, and Louisiana, to aid in + the construction of certain railroads. As these acts will expire by + limitation on the 11th day of August, 1866, leaving the roads for + whose benefit they were conferred in an unfinished condition, it is + recommended that the time within which they may be completed be extended + for a period of five years. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 11, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 27th ultimo, + in relation to the seizure and detention at New York of the steamship + <i>Meteor</i>, I transmit herewith a report from the Secretary of State and + the papers by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 13, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the constitutional action of the Senate, a + treaty concluded with the Bois Forte band of Chippewa Indians on the + 7th instant, together with the accompanying communications from the + Secretary of the Interior and Commissioner of Indian Affairs. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 13, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 10th + instant, requesting information in regard to the rights and interests + of American citizens in the fishing grounds adjacent to the British + Provinces, I transmit a report from the Secretary of State, to whom the + resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 20, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the Senate's resolution of the 8th January, 1866, I + transmit herewith a communication from the Secretary of War of the 19th + instant, covering copies of the correspondence respecting General + Orders, No. 17,<a href="#note-6"><small>6</small></a> issued by the commander of the Department of + California, and also the Attorney-General's opinion as to the question + whether the order involves a breach of neutrality toward Mexico. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 20, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the 2d + instant, requesting information respecting the collection of the remains + of officers and soldiers killed and buried on the various battlefields + about Atlanta, I transmit herewith a report on the subject from the + Secretary of War. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 21, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a communication of this date from the Secretary + of War, covering a copy of the proceedings of a board of officers in + relation to brevet appointments in the Regular Army, requested in the + Senate's resolution of the 18th April, 1866. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 23, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention which was signed at Tangier on the 31st of + May last between the United States and other powers on the one part and + the Sultan of Morocco on the other part, concerning the administration + and maintenance of a light-house on Cape Spartel. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 23, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 16th + instant, requesting information relative to the proposed evacuation of + Mexico by French military forces, I transmit a report from the Secretary + of State and the documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., April 24, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I submit herewith, for the consideration of Congress, the accompanying + communication from the Secretary of the Interior, in relation to the + Union Pacific Railroad Company, eastern division. +</p> +<p> + It appears that the company were required to complete 100 miles of + their road within three years after their acceptance of the conditions + of the original act of Congress. This period expired December 22, 1865. + Sixty-two miles had been previously accepted by the Government. Since + that date an additional section of 23 miles has been completed. + Commissioners appointed for that purpose have examined and reported + upon it, and an application has been made for its acceptance. +</p> +<p> + The failure to complete 100 miles of road within the period prescribed + renders it questionable whether the executive officers of the Government + are authorized to issue the bonds and patents to which the company would + be entitled if this as well as the other requirements of the act had + been faithfully observed. +</p> +<p> + This failure may to some extent be ascribed to the financial condition + of the country incident to the recent civil war. As the company appear + to be engaged in the energetic prosecution of their work and manifest a + disposition to comply with the conditions of the grant, I recommend that + the time for the completion of this part of the road be extended and + that authority be given for the issue of bonds and patents on account of + the section now offered for acceptance notwithstanding such failure, + should the company in other respects be thereunto entitled. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 28, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the constitutional action of the Senate, a + treaty this day concluded with the Choctaw and Chickasaw nations of + Indians. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 30, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 25th + instant, requesting information in regard to the rebel debt known as the + cotton loan, I transmit a report from the Secretary of State, to whom + the resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 2, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the 23d + ultimo, I transmit a report from the Secretary of War, from which it + will be perceived that it is not deemed compatible with the public + interests to communicate to the House the report made by General Smith + and the Hon. James T. Brady of their investigations at New Orleans, La. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 4, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 5th + of March, 1866, requesting the names of persons worth more than $20,000 + to whom special pardons have been issued, and a statement of the amount + of property which has been seized as belonging to the enemies of the + Government, or as abandoned property, and returned to those who claimed + to be the original owners, I transmit herewith reports from the + Secretary of State, the Secretary of the Treasury, the Secretary of + War, and the Attorney-General, together with a copy of the amnesty + proclamation of the 29th of May, 1865, and a copy of the warrants issued + in cases in which special pardons are granted. The second, third, and + fourth conditions of the warrant prescribe the terms, so far as property + is concerned, upon which all such pardons are granted and accepted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 4, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + Referring to my message of the 12th of March last, communicating + information in regard to a proposed exposition of fishery and water + culture at Arcachon, in France, I communicate a copy of another dispatch + from the minister of the United States in Paris to the Secretary of + State, and again invite the attention of Congress to the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 7, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 19th ultimo, + I transmit herewith a report from Benjamin C. Truman, relative to the + condition of the Southern people and the States in which the rebellion + existed. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 9, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a correspondence between the Secretary + of State and the acting chargé d'affaires of the United States at + Guayaquil, in the Republic of Ecuador, from which it appears that the + Government of that Republic has failed to pay the first installment of + the award of the commissioners under the convention between the United + States and Ecuador of the 25th November, 1862, which installment was due + on the 17th of February last. +</p> +<p> + As debts of this character from one government to another are justly + regarded as of a peculiarly sacred character, and as further diplomatic + measures are not in this instance likely to be successful, the + expediency of authorizing other proceedings in case they should + ultimately prove to be indispensable is submitted to your consideration. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 10, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Treasury, in + answer to the resolution of the House of Representatives of the 3d + instant, requesting information concerning discriminations made by the + so-called Maximilian Government of Mexico against American commerce, + or against commerce from particular American ports. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 11, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to that part + of the resolution of the House of Representatives of the 7th instant + which calls for information in regard to the clerks employed in the + Department of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 16, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of the correspondence between the + Secretary of State and Cornelius Vanderbilt, of New York, relative to + the joint resolution of the 28th of January, 1864, upon the subject of + the gift of the steamer <i>Vanderbilt</i> to the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, May 7, 1866</i>. +</p> +<p> + Hon. SCHUYLER COLFAX, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p> + SIR: I have the honor to submit herewith a communication of the + Secretary of War, inclosing one from the Lieutenant-General, relative + to the necessity for legislation upon the subject of the Army. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 17, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In further response to the resolution of the House of Representatives of + the 7th instant, calling for information in regard to clerks employed in + the several Executive Departments, I transmit herewith reports from the + Secretary of the Navy and the Secretary of the Interior and the + Postmaster-General. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 22, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Treasury, made in + compliance with the resolution of the House of Representatives of the + 7th instant, calling for information in respect to clerks employed in + the several Executive Departments of the Government. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 22, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 27th + ultimo, requesting a collation of the provisions in reference to + freedmen contained in the amended constitutions of the Southern States + and in the laws of those States passed since the suppression of the + rebellion, I transmit a report from the Secretary of State, to whom the + resolution was referred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 24, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Postmaster-General, made in answer + to the resolution of the House of Representatives of the 14th instant, + calling for information relative to the proposed mail steamship service + between the United States and Brazil. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 25, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 21st instant, I transmit herewith a report from the Secretary of War, + with the accompanying papers, in reference to the operations of the + Bureau of Refugees, Freedmen, and Abandoned Lands. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 30, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + With sincere regret I announce to Congress that Winfield Scott, late + Lieutenant-General in the Army of the United States, departed this life + at West Point, in the State of New York, on the 29th day of May instant, + at 11 o'clock in the forenoon. I feel well assured that Congress will + share in the grief of the nation which must result from its bereavement + of a citizen whose high fame is identified with the military history of + the Republic. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 30, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a communication from the Secretary of War, covering a + supplemental report to that already made to the House of + Representatives, in answer to its resolution of the 21st instant, + requesting the reports of General Steedman and others in reference to + the operations of the Bureau of Refugees, Freedmen, and Abandoned Lands. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 5, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and the Republic of + Venezuela on the subject of the claims of citizens of the United States + upon the Government of that Republic, which convention was signed by the + plenipotentiaries of the parties at the city of Caracas on the 25th of + April last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 9, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Acting Secretary of the Interior, + communicating the information requested by a resolution of the House of + Representatives of the 21st ultimo, in relation to the removal of the + Sioux Indians of Minnesota and the provisions made for their + accommodation in the Territory of Nebraska. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 9, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a call of the Senate, as expressed in a resolution + adopted on the 6th instant, I transmit a copy of the report of the Board + of Visitors to the United States Naval Academy for the year 1866. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 11, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 10th + ultimo, calling for information relative to the claims of citizens of + the United States against the Republic of Venezuela, I transmit a report + from the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 11, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + It is proper that I should inform Congress that a copy of an act of the + legislature of Georgia of the 10th of March last has been officially + communicated to me, by which that State accepts the donation of lands + for the benefit of colleges for agriculture and the mechanic arts, which + donation was provided for by the acts of Congress of the 2d of July, + 1862, and 14th of April, 1864. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 11, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I communicate and invite the attention of Congress to a copy of joint + resolutions of the senate and house of representatives of the State + of Georgia, requesting a suspension of the collection of the + internal-revenue tax due from that State pursuant to the act of Congress + of the 5th of August, 1861. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 13, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 11th + instant, requesting information concerning the provisions of the laws + and ordinances of the late insurgent States on the subject of the rebel + debt, so called, I transmit a report from the Secretary of State and the + document by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 14, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 28th + of May, requesting information as to what progress has been made in + completing the maps connected with the boundary survey under the treaty + of Washington, with copies of any correspondence on this subject not + heretofore printed, I transmit a report from the Secretary of State + and the documents which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 15, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 13th instant, + calling for information in regard to the departure of troops from + Austria to Mexico, I transmit a report from the Secretary of State and + the documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 16, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a report from the Acting Secretary of the + Interior, furnishing, as requested by a resolution of the Senate of the + 25th ultimo, information touching the transactions of the executive + branch of the Government respecting the transportation, settlement, + and colonization of persons of the African race. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 18, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to a resolution of the House of Representatives of the 11th + instant, requesting information in regard to the dispatch of military + forces from Austria for service in Mexico, I transmit a report from the + Secretary of State on the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 20, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 21st ultimo, requesting information as to the collection of the direct + tax in the States whose inhabitants participated in the rebellion, I + transmit a communication from the Secretary of the Treasury, accompanied + by a report from the Deputy Commissioner of Internal Revenue. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 22, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I submit to Congress a report of the Secretary of State, to whom was + referred the concurrent resolution of the 18th instant, respecting a + submission to the legislatures of the States of an additional article to + the Constitution of the United States. It will be seen from this report + that the Secretary of State had, on the 16th instant, transmitted to the + governors of the several States certified copies of the joint resolution + passed on the 13th instant, proposing an amendment to the Constitution. +</p> +<p> + Even in ordinary times any question of amending the Constitution must be + justly regarded as of paramount importance. This importance is at the + present time enhanced by the fact that the joint resolution was not + submitted by the two Houses for the approval of the President and that + of the thirty-six States which constitute the Union eleven are excluded + from representation in either House of Congress, although, with the + single exception of Texas, they have been entirely restored to all their + functions as States in conformity with the organic law of the land, and + have appeared at the national capital by Senators and Representatives, + who have applied for and have been refused admission to the vacant + seats. Nor have the sovereign people of the nation been afforded an + opportunity of expressing their views upon the important questions which + the amendment involves. Grave doubts, therefore, may naturally and + justly arise as to whether the action of Congress is in harmony with + the sentiments of the people, and whether State legislatures, elected + without reference to such an issue, should be called upon by Congress + to decide respecting the ratification of the proposed amendment. +</p> +<p> + Waiving the question as to the constitutional validity of the + proceedings of Congress upon the joint resolution proposing the + amendment or as to the merits of the article which it submits through + the executive department to the legislatures of the States, I deem it + proper to observe that the steps taken by the Secretary of State, as + detailed in the accompanying report, are to be considered as purely + ministerial, and in no sense whatever committing the Executive to an + approval or a recommendation of the amendment to the State legislatures + or to the people. On the contrary, a proper appreciation of the letter + and spirit of the Constitution, as well as of the interests of national + order, harmony, and union, and a due deference for an enlightened public + judgment may at this time well suggest a doubt whether any amendment to + the Constitution ought to be proposed by Congress and pressed upon the + legislatures of the several States for final decision until after the + admission of such loyal Senators and Representatives of the now + unrepresented States as have been or as may hereafter be chosen in + conformity with the Constitution and laws of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 22, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In further answer to recent resolutions of the Senate and House of + Representatives, requesting information in regard to the employment of + European troops in Mexico, I transmit to Congress a copy of a dispatch + of the 4th of this month addressed to the Secretary of State by the + minister of the United States at Paris. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 22, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the + 18th instant, calling for information in regard to the arrest and + imprisonment in Ireland of American citizens, I transmit herewith + a report from the Secretary of State on the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p> + WASHINGTON CITY, <i>June 23, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Interior, + communicating in part the information requested by a resolution of the + House of Representatives of the 23d of April last, in relation to + appropriations and expenditures connected with the Indian service. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 28, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit a communication from the Secretary of the Navy and the + accompanying copy of a report and maps prepared by a board of examiners + appointed under authority of the joint resolution approved June 1, 1866, + "to examine a site for a fresh-water basin for ironclad vessels of the + United States Navy." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 28, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the heads of the several Executive + Departments, made in answer to the resolution of the House of + Representatives of the 4th instant, requesting information as to whether + any of the civil or military employees of the Government have assisted + in the rendition of public honors to the rebel living or dead. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 7, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The accompanying report of the Secretary of the Treasury is transmitted + to the Senate in compliance with its resolution of the 20th ultimo, + calling for a statement of the expenditures of the United States for the + various public works of the Government in each State and Territory of + the Union and in the District of Columbia from the year 1860 to the + close of the year 1865. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 7, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the constitutional action of the Senate, a + treaty concluded with the Seminole Nation of Indians on the 21st day of + March, 1866, together with the accompanying communications from the + Secretary of the Interior and the Commissioner of Indian Affairs. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 7, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the constitutional action of the Senate, a + treaty concluded with the Creek Nation of Indians on the 14th day of + June, 1866, together with the accompanying communications from the + Secretary of the Interior and the Commissioner of Indian Affairs. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 17, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of yesterday, + requesting information relative to proposed international movements in + connection with the Paris Universal Exposition for the reform of systems + of coinage, weights, and measures, I transmit a report from the + Secretary of State and the documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 17, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit to Congress a report, dated 12th instant, with the + accompanying papers, received from the Secretary of State, in compliance + with the requirements of the eighteenth section of the act entitled "An + act to regulate the diplomatic and consular systems of the United + States," approved August 18, 1856. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 20, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the constitutional action of the Senate, certain + articles of agreement made at the Delaware Agency, Kans., on the 4th + instant between the United States and the Delaware Indians. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 20, 1866</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I herewith submit, for the constitutional action of the Senate, a treaty + negotiated at the city of Washington, D.C., on the 19th instant, between + the United States, represented by Dennis N. Cooley, Commissioner of + Indian Affairs, and Elijah Sells, superintendent of Indian affairs for + the southern superintendency, and the Cherokee Nation of Indians; + represented by its delegates, James McDaniel, Smith Christie, White + Catcher, L.H. Benge, J.B. Jones, and Daniel H. Ross. +</p> +<p> + The distracted condition of the Cherokee Nation and the peculiar + relation of many of its members to this Government during the rebellion + presented almost insuperable difficulties to treating with them. The + treaty now submitted is a result of protracted negotiations. Its + stipulations are, it is believed, as satisfactory to the contracting + parties and furnish as just provisions for the welfare of the Indians + and as strong guaranties for the maintenance of peaceful relations with + them as under the circumstances could be expected. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 24, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I hereby transmit, for the constitutional action of the Senate, a treaty + concluded on the 15th of November, 1865, between the United States and + the confederate tribes and bands of Indians of middle Oregon, the same + being amendatory and supplemental to the treaty with said Indians of the + 25th of June, 1855. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 24, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The following "Joint resolution, restoring Tennessee to her relations in + the Union," was last evening presented for my approval: +</p> +<p> + Whereas in the year 1861 the government of the State of Tennessee was + seized upon and taken possession of by persons in hostility to the + United States, and the inhabitants of said State, in pursuance of an act + of Congress, were declared to be in a state of insurrection against the + United States; and +</p> +<p> + Whereas said State government can only be restored to its former + political relations in the Union by the consent of the lawmaking power + of the United States; and +</p> +<p> + Whereas the people of said State did, on the 22d day of February, 1865, + by a large popular vote, adopt and ratify a constitution of government + whereby slavery was abolished and all ordinances and laws of secession + and debts contracted under the same were declared void; and +</p> +<p> + Whereas a State government has been organized under said constitution + which has ratified the amendment to the Constitution of the United + States abolishing slavery, also the amendment proposed by the + Thirty-ninth Congress, and has done other acts proclaiming and denoting + loyalty: Therefore, +</p> +<p> + <i>Be it resolved by the Senate and House of Representatives of the United + States in Congress assembled</i>, That the State of Tennessee is hereby + restored to her former proper practical relations to the Union, and is + again entitled to be represented by Senators and Representatives in + Congress. +</p> +<p> + The preamble simply consists of statements, some of which are assumed, + while the resolution is merely a declaration of opinion. It comprises no + legislation, nor does it confer any power which is binding upon the + respective Houses, the Executive, or the States. It does not admit to + their seats in Congress the Senators and Representatives from the State + of Tennessee, for, notwithstanding the passage of the resolution, each + House, in the exercise of the constitutional right to judge for itself + of the elections, returns, and qualifications of its members, may, at + its discretion, admit them or continue to exclude them. If a joint + resolution of this kind were necessary and binding as a condition + precedent to the admission of members of Congress, it would happen, in + the event of a veto by the Executive, that Senators and Representatives + could only be admitted to the halls of legislation by a two-thirds vote + of each of the Houses. +</p> +<p> + Among other reasons recited in the preamble for the declaration + contained in the resolution is the ratification by the State government + of Tennessee of "the amendment to the Constitution of the United States + abolishing slavery, also the amendment proposed by the Thirty-ninth + Congress." If, as is also declared in the preamble, "said State + government can only be restored to its former political relations in the + Union by the consent of the lawmaking power of the United States," it + would really seem to follow that the joint resolution which at this late + day has received the sanction of Congress should have been passed, + approved, and placed on the statute books before any amendment to the + Constitution was submitted to the legislature of Tennessee for + ratification. Otherwise the inference is plainly deducible that while, + in the opinion of Congress, the people of a State may be too strongly + disloyal to be entitled to representation, they may nevertheless, during + the suspension of their "former proper practical relations to the + Union," have an equally potent voice with other and loyal States in + propositions to amend the Constitution, upon which so essentially depend + the stability, prosperity, and very existence of the nation. +</p> +<p> + A brief reference to my annual message of the 4th of December last will + show the steps taken by the Executive for the restoration to their + constitutional relations to the Union of the States that had been + affected by the rebellion. Upon the cessation of active hostilities + provisional governors were appointed, conventions called, governors + elected by the people, legislatures assembled, and Senators and + Representatives chosen to the Congress of the United States. At the same + time the courts of the United States were reopened, the blockade + removed, the custom-houses reestablished, and postal operations resumed. + The amendment to the Constitution abolishing slavery forever within the + limits of the country was also submitted to the States, and they were + thus invited to and did participate in its ratification, thus exercising + the highest functions pertaining to a State. In addition nearly all of + these States, through their conventions and legislatures, had adopted + and ratified constitutions "of government whereby slavery was abolished + and all ordinances and laws of secession and debts contracted under the + same were declared void." So far, then, the political existence of the + States and their relations to the Federal Government had been fully and + completely recognized and acknowledged by the executive department of + the Government; and the completion of the work of restoration, which had + progressed so favorably, was submitted to Congress, upon which devolved + all questions pertaining to the admission to their seats of the Senators + and Representatives chosen from the States whose people had engaged in + the rebellion. +</p> +<p> + All these steps had been taken when, on the 4th day of December, 1865, + the Thirty-ninth Congress assembled. Nearly eight months have elapsed + since that time; and no other plan of restoration having been proposed + by Congress for the measures instituted by the Executive, it is now + declared, in the joint resolution submitted for my approval, "that the + State of Tennessee is hereby restored to her former proper practical + relations to the Union, and is again entitled to be represented by + Senators and Representatives in Congress." Thus, after the lapse of + nearly eight months, Congress proposes to pave the way to the admission + to representation of one of the eleven States whose people arrayed + themselves in rebellion against the constitutional authority of the + Federal Government. +</p> +<p> + Earnestly desiring to remove every cause of further delay, whether real + or imaginary, on the part of Congress to the admission to seats of loyal + Senators and Representatives from the State of Tennessee, I have, + notwithstanding the anomalous character of this proceeding, affixed + my signature to the resolution. My approval, however, is not to be + construed as an acknowledgment of the right of Congress to pass laws + preliminary to the admission of duly qualified Representatives from any + of the States. Neither is it to be considered as committing me to all + the statements made in the preamble, some of which are, in my opinion, + without foundation in fact, especially the assertion that the State of + Tennessee has ratified the amendment to the Constitution of the United + States proposed by the Thirty-ninth Congress. No official notice of such + ratification has been received by the Executive or filed in the + Department of State; on the contrary, unofficial information from the + most reliable sources induces the belief that the amendment has not yet + been constitutionally sanctioned by the legislature of Tennessee. The + right of each House under the Constitution to judge of the elections, + returns, and qualifications of its own members is undoubted, and my + approval or disapproval of the resolution could not in the slightest + degree increase or diminish the authority in this respect conferred + upon the two branches of Congress. +</p> +<p> + In conclusion I can not too earnestly repeat my recommendation for the + admission of Tennessee, and all other States, to a fair and equal + participation in national legislation when they present themselves in + the persons of loyal Senators and Representatives who can comply with + all the requirements of the Constitution and the laws. By this means + harmony and reconciliation will be effected, the practical relations of + all the States to the Federal Government reestablished, and the work of + restoration, inaugurated upon the termination of the war, successfully + completed. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 25, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I nominate Lieutenant-General Ulysses S. Grant to be General of the Army + of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 26, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to two resolutions of the House of Representatives of the 23d + instant, in the following words, respectively— +</p> +<p class="q"> + <i>Resolved</i>, That the House of Representatives respectfully request the + President of the United States to urge upon the Canadian authorities, + and also the British Government, the release of the Fenian prisoners + recently captured in Canada; +</p><p class="q"> + <i>Resolved</i>, That this House respectfully request the President to cause + the prosecutions instituted in the United States courts against the + Fenians to be discontinued, if compatible with the public interest— +</p> +<p> + I transmit a report on the subject from the Secretary of State, together + with the documents which accompany it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>February 19, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have examined with care the bill, which originated in the Senate and + has been passed by the two Houses of Congress, to amend an act entitled + "An act to establish a bureau for the relief of freedmen and refugees," + and for other purposes. Having with much regret come to the conclusion + that it would not be consistent with the public welfare to give my + approval to the measure, I return the bill to the Senate with my + objections to its becoming a law. +</p> +<p> + I might call to mind in advance of these objections that there is no + immediate necessity for the proposed measure. The act to establish a + bureau for the relief of freedmen and refugees, which was approved in + the month of March last, has not yet expired. It was thought stringent + and extensive enough for the purpose in view in time of war. Before it + ceases to have effect further experience may assist to guide us to a + wise conclusion as to the policy to be adopted in time of peace. +</p> +<p> + I share with Congress the strongest desire to secure to the freedmen + the full enjoyment of their freedom and property and their entire + independence and equality in making contracts for their labor, but the + bill before me contains provisions which in my opinion are not warranted + by the Constitution and are not well suited to accomplish the end in + view. +</p> +<p> + The bill proposes to establish by authority of Congress military + jurisdiction over all parts of the United States containing refugees and + freedmen. It would by its very nature apply with most force to those + parts of the United States in which the freedmen most abound, and it + expressly extends the existing temporary jurisdiction of the Freedmen's + Bureau, with greatly enlarged powers, over those States "in which the + ordinary course of judicial proceedings has been interrupted by the + rebellion." The source from which this military jurisdiction is to + emanate is none other than the President of the United States, acting + through the War Department and the Commissioner of the Freedmen's + Bureau. The agents to carry out this military jurisdiction are to be + selected either from the Army or from civil life; the country is to be + divided into districts and subdistricts, and the number of salaried + agents to be employed may be equal to the number of counties or parishes + in all the United States where freedmen and refugees are to be found. +</p> +<p> + The subjects over which this military jurisdiction is to extend in every + part of the United States include protection to "all employees, agents, + and officers of this bureau in the exercise of the duties imposed" upon + them by the bill. In eleven States it is further to extend over all + cases affecting freedmen and refugees discriminated against "by local + law, custom, or prejudice." In those eleven States the bill subjects any + white person who may be charged with depriving a freedman of "any civil + rights or immunities belonging to white persons" to imprisonment or + fine, or both, without, however, defining the "civil rights and + immunities" which are thus to be secured to the freedmen by military + law. This military jurisdiction also extends to all questions that may + arise respecting contracts. The agent who is thus to exercise the office + of a military judge may be a stranger, entirely ignorant of the laws of + the place, and exposed to the errors of judgment to which all men are + liable. The exercise of power over which there is no legal supervision + by so vast a number of agents as is contemplated by the bill must, by + the very nature of man, be attended by acts of caprice, injustice, and + passion. +</p> +<p> + The trials having their origin under this bill are to take place without + the intervention of a jury and without any fixed rules of law or + evidence. The rules on which offenses are to be "heard and determined" + by the numerous agents are such rules and regulations as the President, + through the War Department, shall prescribe. No previous presentment is + required nor any indictment charging the commission of a crime against + the laws; but the trial must proceed on charges and specifications. The + punishment will be, not what the law declares, but such as a + court-martial may think proper; and from these arbitrary tribunals there + lies no appeal, no writ of error to any of the courts in which the + Constitution of the United States vests exclusively the judicial power + of the country. +</p> +<p> + While the territory and the classes of actions and offenses that are + made subject to this measure are so extensive, the bill itself, should + it become a law, will have no limitation in point of time, but will form + a part of the permanent legislation of the country. I can not reconcile + a system of military jurisdiction of this kind with the words of the + Constitution which declare that "no person shall be held to answer + for a capital or otherwise infamous crime unless on a presentment or + indictment of a grand jury, except in cases arising in the land or naval + forces, or in the militia when in actual service in time of war or + public danger," and that "in all criminal prosecutions the accused shall + enjoy the right to a speedy and public trial by an impartial jury of the + State and district wherein the crime shall have been committed." The + safeguards which the experience and wisdom of ages taught our fathers + to establish as securities for the protection of the innocent, the + punishment of the guilty, and the equal administration of justice are + to be set aside, and for the sake of a more vigorous interposition in + behalf of justice we are to take the risks of the many acts of injustice + that would necessarily follow from an almost countless number of agents + established in every parish or county in nearly a third of the States of + the Union, over whose decisions there is to be no supervision or control + by the Federal courts. The power that would be thus placed in the hands + of the President is such as in time of peace certainly ought never to be + intrusted to any one man. +</p> +<p> + If it be asked whether the creation of such a tribunal within a State is + warranted as a measure of war, the question immediately presents itself + whether we are still engaged in war. Let us not unnecessarily disturb + the commerce and credit and industry of the country by declaring to the + American people and to the world that the United States are still in a + condition of civil war. At present there is no part of our country in + which the authority of the United States is disputed. Offenses that may + be committed by individuals should not work a forfeiture of the rights + of whole communities. The country has returned, or is returning, to a + state of peace and industry, and the rebellion is in fact at an end. + The measure, therefore, seems to be as inconsistent with the actual + condition of the country as it is at variance with the Constitution of + the United States. +</p> +<p> + If, passing from general considerations, we examine the bill in detail, + it is open to weighty objections. +</p> +<p> + In time of war it was eminently proper that we should provide for + those who were passing suddenly from a condition of bondage to a state + of freedom. But this bill proposes to make the Freedmen's Bureau, + established by the act of 1865 as one of many great and extraordinary + military measures to suppress a formidable rebellion, a permanent branch + of the public administration, with its powers greatly enlarged. I have + no reason to suppose, and I do not understand it to be alleged, that + the act of March, 1865, has proved deficient for the purpose for which + it was passed, although at that time and for a considerable period + thereafter the Government of the United States remained unacknowledged + in most of the States whose inhabitants had been involved in the + rebellion. The institution of slavery, for the military destruction of + which the Freedmen's Bureau was called into existence as an auxiliary, + has been already effectually and finally abrogated throughout the whole + country by an amendment of the Constitution of the United States, and + practically its eradication has received the assent and concurrence of + most of those States in which it at any time had an existence. I am not, + therefore, able to discern in the condition of the country anything to + justify an apprehension that the powers and agencies of the Freedmen's + Bureau, which were effective for the protection of freedmen and refugees + during the actual continuance of hostilities and of African servitude, + will now, in a time of peace and after the abolition of slavery, prove + inadequate to the same proper ends. If I am correct in these views, + there can be no necessity for the enlargement of the powers of the + Bureau, for which provision is made in the bill. +</p> +<p> + The third section of the bill authorizes a general and unlimited grant + of support to the destitute and suffering refugees and freedmen, their + wives and children. Succeeding sections make provision for the rent or + purchase of landed estates for freedmen, and for the erection for their + benefit of suitable buildings for asylums and schools, the expenses to + be defrayed from the Treasury of the whole people. The Congress of the + United States has never heretofore thought itself empowered to establish + asylums beyond the limits of the District of Columbia, except for the + benefit of our disabled soldiers and sailors. It has never founded + schools for any class of our own people, not even for the orphans of + those who have fallen in the defense of the Union, but has left the care + of education to the much more competent and efficient control of the + States, of communities, of private associations, and of individuals. + It has never deemed itself authorized to expend the public money for + the rent or purchase of homes for the thousands, not to say millions, + of the white race who are honestly toiling from day to day for their + subsistence. A system for the support of indigent persons in the United + States was never contemplated by the authors of the Constitution; nor + can any good reason be advanced why, as a permanent establishment, + it should be founded for one class or color of our people more than + another. Pending the war many refugees and freedmen received support + from the Government, but it was never intended that they should + thenceforth be fed, clothed, educated, and sheltered by the United + States. The idea on which the slaves were assisted to freedom was that + on becoming free they would be a self-sustaining population. Any + legislation that shall imply that they are not expected to attain a + self-sustaining condition must have a tendency injurious alike to their + character and their prospects. +</p> +<p> + The appointment of an agent for every county and parish will create an + immense patronage, and the expense of the numerous officers and their + clerks, to be appointed by the President, will be great in the + beginning, with a tendency steadily to increase. The appropriations + asked by the Freedmen's Bureau as now established, for the year 1866, + amount to $11,745,000. It may be safely estimated that the cost to be + incurred under the pending bill will require double that amount—more + than the entire sum expended in any one year under the Administration of + the second Adams. If the presence of agents in every parish and county + is to be considered as a war measure, opposition, or even resistance, + might be provoked; so that to give effect to their jurisdiction troops + would have to be stationed within reach of every one of them, and thus a + large standing force be rendered necessary. Large appropriations would + therefore be required to sustain and enforce military jurisdiction in + every county or parish from the Potomac to the Rio Grande. The condition + of our fiscal affairs is encouraging, but in order to sustain the + present measure of public confidence it is necessary that we practice + not merely customary economy, but, as far as possible, severe + retrenchment. +</p> +<p> + In addition to the objections already stated, the fifth section of the + bill proposes to take away land from its former owners without any + legal proceedings being first had, contrary to that provision of the + Constitution which declares that no person shall "be deprived of life, + liberty, or property without due process of law." It does not appear + that a part of the lands to which this section refers may not be owned + by minors or persons of unsound mind, or by those who have been faithful + to all their obligations as citizens of the United States. If any + portion of the land is held by such persons, it is not competent for + any authority to deprive them of it. If, on the other hand, it be found + that the property is liable to confiscation, even then it can not be + appropriated to public purposes until by due process of law it shall + have been declared forfeited to the Government. +</p> +<p> + There is still further objection to the bill, on grounds seriously + affecting the class of persons to whom it is designed to bring relief. + It will tend to keep the mind of the freedman in a state of uncertain + expectation and restlessness, while to those among whom he lives it will + be a source of constant and vague apprehension. +</p> +<p> + Undoubtedly the freedman should be protected, but he should be protected + by the civil authorities, especially by the exercise of all the + constitutional powers of the courts of the United States and of the + States. His condition is not so exposed as may at first be imagined. + He is in a portion of the country where his labor can not well be + spared. Competition for his services from planters, from those who + are constructing or repairing railroads, and from capitalists in his + vicinage or from other States will enable him to command almost his own + terms. He also possesses a perfect right to change his place of abode, + and if, therefore, he does not find in one community or State a mode of + life suited to his desires or proper remuneration for his labor, he can + move to another where that labor is more esteemed and better rewarded. + In truth, however, each State, induced by its own wants and interests, + will do what is necessary and proper to retain within its borders all + the labor that is needed for the development of its resources. The laws + that regulate supply and demand will maintain their force, and the wages + of the laborer will be regulated thereby. There is no danger that the + exceedingly great demand for labor will not operate in favor of the + laborer. +</p> +<p> + Neither is sufficient consideration given to the ability of the freedmen + to protect and take care of themselves. It is no more than justice to + them to believe that as they have received their freedom with moderation + and forbearance, so they will distinguish themselves by their industry + and thrift, and soon show the world that in a condition of freedom they + are self-sustaining, capable of selecting their own employment and + their own places of abode, of insisting for themselves on a proper + remuneration, and of establishing and maintaining their own asylums and + schools. It is earnestly hoped that instead of wasting away they will by + their own efforts establish for themselves a condition of respectability + and prosperity. It is certain that they can attain to that condition + only through their own merits and exertions. +</p> +<p> + In this connection the query presents itself whether the system proposed + by the bill will not, when put into complete operation, practically + transfer the entire care, support, and control of 4,000,000 emancipated + slaves to agents, overseers, or taskmasters, who, appointed at + Washington, are to be located in every county and parish throughout the + United States containing freedmen and refugees. Such a system would + inevitably tend to a concentration of power in the Executive which would + enable him, if so disposed, to control the action of this numerous class + and use them for the attainment of his own political ends. +</p> +<p> + I can not but add another very grave objection to this bill. The + Constitution imperatively declares, in connection with taxation, that + each State <i>shall</i> have at least one Representative, and fixes the rule + for the number to which, in future times, each State shall be entitled. + It also provides that the Senate of the United States <i>shall</i> be + composed of two Senators from each State, and adds with peculiar force + "that no State, without its consent, shall be deprived of its equal + suffrage in the Senate." The original act was necessarily passed in the + absence of the States chiefly to be affected, because their people were + then contumaciously engaged in the rebellion. Now the case is changed, + and some, at least, of those States are attending Congress by loyal + representatives, soliciting the allowance of the constitutional right + for representation. At the time, however, of the consideration and the + passing of this bill there was no Senator or Representative in Congress + from the eleven States which are to be mainly affected by its + provisions. The very fact that reports were and are made against the + good disposition of the people of that portion of the country is an + additional reason why they need and should have representatives of their + own in Congress to explain their condition, reply to accusations, + and assist by their local knowledge in the perfecting of measures + immediately affecting themselves. While the liberty of deliberation + would then be free and Congress would have full power to decide + according to its judgment, there could be no objection urged that the + States most interested had not been permitted to be heard. The principle + is firmly fixed in the minds of the American people that there should be + no taxation without representation. Great burdens have now to be borne + by all the country, and we may best demand that they shall be borne + without murmur when they are voted by a majority of the representatives + of all the people. I would not interfere with the unquestionable right + of Congress to judge, each House for itself, "of the elections, returns, + and qualifications of its own members;" but that authority can not be + construed as including the right to shut out in time of peace any State + from the representation to which it is entitled by the Constitution. + At present all the people of eleven States are excluded—those who + were most faithful during the war not less than others. The State of + Tennessee, for instance, whose authorities engaged in rebellion, was + restored to all her constitutional relations to the Union by the + patriotism and energy of her injured and betrayed people. Before the war + was brought to a termination they had placed themselves in relations + with the General Government, had established a State government of their + own, and, as they were not included in the emancipation proclamation, + they by their own act had amended their constitution so as to abolish + slavery within the limits of their State. I know no reason why the State + of Tennessee, for example, should not fully enjoy "all her + constitutional relations to the United States." +</p> +<p> + The President of the United States stands toward the country in + a somewhat different attitude from that of any member of Congress. + Each member of Congress is chosen from a single district or State; + the President is chosen by the people of all the States. As eleven + States are not at this time represented in either branch of Congress, it + would seem to be his duty on all proper occasions to present their just + claims to Congress. There always will be differences of opinion in the + community, and individuals may be guilty of transgressions of the law, + but these do not constitute valid objections against the right of a + State to representation. I would in no wise interfere with the + discretion of Congress with regard to the qualifications of members; but + I hold it my duty to recommend to you, in the interests of peace and the + interests of union, the admission of every State to its share in public + legislation when, however insubordinate, insurgent, or rebellious its + people may have been, it presents itself, not only in an attitude of + loyalty and harmony, but in the persons of representatives whose loyalty + can not be questioned under any existing constitutional or legal test. + It is plain that an indefinite or permanent exclusion of any part of the + country from representation must be attended by a spirit of disquiet and + complaint. It is unwise and dangerous to pursue a course of measures + which will unite a very large section of the country against another + section of the country, however much the latter may preponderate. The + course of emigration, the development of industry and business, and + natural causes will raise up at the South men as devoted to the Union as + those of any other part of the land; but if they are all excluded from + Congress, if in a permanent statute they are declared not to be in full + constitutional relations to the country, they may think they have cause + to become a unit in feeling and sentiment against the Government. Under + the political education of the American people the idea is inherent and + ineradicable that the consent of the majority of the whole people is + necessary to secure a willing acquiescence in legislation. +</p> +<p> + The bill under consideration refers to certain of the States as though + they had not "been fully restored in all their constitutional relations + to the United States." If they have not, let us at once act together to + secure that desirable end at the earliest possible moment. It is hardly + necessary for me to inform Congress that in my own judgment most of + those States, so far, at least, as depends upon their own action, have + already been fully restored, and are to be deemed as entitled to enjoy + their constitutional rights as members of the Union. Reasoning from the + Constitution itself and from the actual situation of the country, I feel + not only entitled but bound to assume that with the Federal courts + restored and those of the several States in the full exercise of their + functions the rights and interests of all classes of people will, + with the aid of the military in cases of resistance to the laws, + be essentially protected against unconstitutional infringement or + violation. Should this expectation unhappily fail, which I do not + anticipate, then the Executive is already fully armed with the powers + conferred by the act of March, 1865, establishing the Freedmen's Bureau, + and hereafter, as heretofore, he can employ the land and naval forces of + the country to suppress insurrection or to overcome obstructions to the + laws. +</p> +<p> + In accordance with the Constitution, I return the bill to the Senate, + in the earnest hope that a measure involving questions and interests so + important to the country will not become a law, unless upon deliberate + consideration by the people it shall receive the sanction of an + enlightened public judgment. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 27, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I regret that the bill, which has passed both Houses of Congress, + entitled "An act to protect all persons in the United States in their + civil rights and furnish the means of their vindication," contains + provisions which I can not approve consistently with my sense of duty to + the whole people and my obligations to the Constitution of the United + States. I am therefore constrained to return it to the Senate, the House + in which it originated, with my objections to its becoming a law. +</p> +<p> + By the first section of the bill all persons born in the United States + and not subject to any foreign power, excluding Indians not taxed, are + declared to be citizens of the United States. This provision comprehends + the Chinese of the Pacific States, Indians subject to taxation, the + people called gypsies, as well as the entire race designated as blacks, + people of color, negroes, mulattoes, and persons of African blood. Every + individual of these races born in the United States is by the bill made + a citizen of the United States. It does not purport to declare or confer + any other right of citizenship than Federal citizenship. It does not + purport to give these classes of persons any status as citizens of + States, except that which may result from their status as citizens of + the United States. The power to confer the right of State citizenship is + just as exclusively with the several States as the power to confer the + right of Federal citizenship is with Congress. +</p> +<p> + The right of Federal citizenship thus to be conferred on the several + excepted races before mentioned is now for the first time proposed to be + given by law. If, as is claimed by many, all persons who are native born + already are, by virtue of the Constitution, citizens of the United + States, the passage of the pending bill can not be necessary to make + them such. If, on the other hand, such persons are not citizens, as may + be assumed from the proposed legislation to make them such, the grave + question presents itself whether, when eleven of the thirty-six States + are unrepresented in Congress at the present time, it is sound policy + to make our entire colored population and all other excepted classes + citizens of the United States. Four millions of them have just emerged + from slavery into freedom. Can it be reasonably supposed that they + possess the requisite qualifications to entitle them to all the + privileges and immunities of citizens of the United States? Have the + people of the several States expressed such a conviction? It may also be + asked whether it is necessary that they should be declared citizens in + order that they may be secured in the enjoyment of the civil rights + proposed to be conferred by the bill. Those rights are, by Federal as + well as State laws, secured to all domiciled aliens and foreigners, even + before the completion of the process of naturalization; and it may + safely be assumed that the same enactments are sufficient to give like + protection and benefits to those for whom this bill provides special + legislation. Besides, the policy of the Government from its origin to + the present time seems to have been that persons who are strangers to + and unfamiliar with our institutions and our laws should pass through + a certain probation, at the end of which, before attaining the coveted + prize, they must give evidence of their fitness to receive and to + exercise the rights of citizens as contemplated by the Constitution of + the United States. The bill in effect proposes a discrimination against + large numbers of intelligent, worthy, and patriotic foreigners, and in + favor of the negro, to whom, after long years of bondage, the avenues to + freedom and intelligence have just now been suddenly opened. He must of + necessity, from his previous unfortunate condition of servitude, be less + informed as to the nature and character of our institutions than he who, + coming from abroad, has, to some extent at least, familiarized himself + with the principles of a Government to which he voluntarily intrusts + "life, liberty, and the pursuit of happiness." Yet it is now proposed, + by a single legislative enactment, to confer the rights of citizens upon + all persons of African descent born within the extended limits of the + United States, while persons of foreign birth who make our land their + home must undergo a probation of five years, and can only then become + citizens upon proof that they are "of good moral character, attached to + the principles of the Constitution of the United States, and well + disposed to the good order and happiness of the same." +</p> +<p> + The first section of the bill also contains an enumeration of the rights + to be enjoyed by these classes so made citizens "in every State and + Territory in the United States." These rights are "to make and enforce + contracts; to sue, be parties, and give evidence; to inherit, purchase, + lease, sell, hold, and convey real and personal property," and to have + "full and equal benefit of all laws and proceedings for the security of + person and property as is enjoyed by white citizens." So, too, they are + made subject to the same punishment, pains, and penalties in common with + white citizens, and to none other. Thus a perfect equality of the white + and colored races is attempted to be fixed by Federal law in every State + of the Union over the vast field of State jurisdiction covered by these + enumerated rights. In no one of these can any State ever exercise any + power of discrimination between the different races. In the exercise of + State policy over matters exclusively affecting the people of each State + it has frequently been thought expedient to discriminate between the + two races. By the statutes of some of the States, Northern as well + as Southern, it is enacted, for instance, that no white person shall + intermarry with a negro or mulatto. Chancellor Kent says, speaking of + the blacks, that— +</p> +<p class="q"> + Marriages between them and the whites are forbidden in some of the + States where slavery does not exist, and they are prohibited in all the + slaveholding States; and when not absolutely contrary to law, they are + revolting, and regarded as an offense against public decorum. +</p> +<p> + I do not say that this bill repeals State laws on the subject of + marriage between the two races, for as the whites are forbidden to + intermarry with the blacks, the blacks can only make such contracts as + the whites themselves are allowed to make, and therefore can not under + this bill enter into the marriage contract with the whites. I cite this + discrimination, however, as an instance of the State policy as to + discrimination, and to inquire whether if Congress can abrogate all + State laws of discrimination between the two races in the matter of real + estate, of suits, and of contracts generally Congress may not also + repeal the State laws as to the contract of marriage between the two + races. Hitherto every subject embraced in the enumeration of rights + contained in this bill has been considered as exclusively belonging to + the States. They all relate to the internal police and economy of the + respective States. They are matters which in each State concern the + domestic condition of its people, varying in each according to its own + peculiar circumstances and the safety and well-being of its own + citizens. I do not mean to say that upon all these subjects there are + not Federal restraints—as, for instance, in the State power of + legislation over contracts there is a Federal limitation that no State + shall pass a law impairing the obligations of contracts; and, as to + crimes, that no State shall pass an <i>ex post facto</i> law; and, as to + money, that no State shall make anything but gold and silver a legal + tender; but where can we find a Federal prohibition against the power + of any State to discriminate, as do most of them, between aliens and + citizens, between artificial persons, called corporations, and natural + persons, in the right to hold real estate? If it be granted that + Congress can repeal all State laws discriminating between whites and + blacks in the subjects covered by this bill, why, it may be asked, may + not Congress repeal in the same way all State laws discriminating + between the two races on the subjects of suffrage and office? If + Congress can declare by law who shall hold lands, who shall testify, who + shall have capacity to make a contract in a State, then Congress can by + law also declare who, without regard to color or race, shall have the + right to sit as a juror or as a judge, to hold any office, and, finally, + to vote "in every State and Territory of the United States." As respects + the Territories, they come within the power of Congress, for as to them + the lawmaking power is the Federal power; but as to the States no + similar provision exists vesting in Congress the power "to make rules + and regulations" for them. +</p> +<p> + The object of the second section of the bill is to afford discriminating + protection to colored persons in the full enjoyment of all the rights + secured to them by the preceding section. It declares— +</p> +<p class="q"> + That any person who, under color of any law, statute, ordinance, + regulation, or custom, shall subject, or cause to be subjected, any + inhabitant of any State or Territory to the deprivation of any right + secured or protected by this act, or to different punishment, pains, or + penalties on account of such person having at any time been held in a + condition of slavery or involuntary servitude, except as a punishment + for crime whereof the party shall have been duly convicted, or by reason + of his color or race, than is prescribed for the punishment of white + persons, shall be deemed guilty of a misdemeanor, and on conviction + shall be punished by fine not exceeding $1,000, or imprisonment not + exceeding one year, or both, in the discretion of the court. +</p> +<p> + This section seems to be designed to apply to some existing or future + law of a State or Territory which may conflict with the provisions of + the bill now under consideration. It provides for counteracting such + forbidden legislation by imposing fine and imprisonment upon the + legislators who may pass such conflicting laws, or upon the officers or + agents who shall put or attempt to put them into execution. It means an + official offense, not a common crime committed against law upon the + persons or property of the black race. Such an act may deprive the black + man of his property, but not of the <i>right</i> to hold property. It means + a deprivation of the right itself, either by the State judiciary or + the State legislature. It is therefore assumed that under this section + members of State legislatures who should vote for laws conflicting with + the provisions of the bill, that judges of the State courts who should + render judgments in antagonism with its terms, and that marshals and + sheriffs who should, as ministerial officers, execute processes + sanctioned by State laws and issued by State judges in execution of + their judgments could be brought before other tribunals and there + subjected to fine and imprisonment for the performance of the duties + which such State laws might impose. The legislation thus proposed + invades the judicial power of the State. It says to every State court or + judge, If you decide that this act is unconstitutional; if you refuse, + under the prohibition of a State law, to allow a negro to testify; if + you hold that over such a subject-matter the State law is paramount, and + "under color" of a State law refuse the exercise of the right to the + negro, your error of judgment, however conscientious, shall subject + you to fine and imprisonment. I do not apprehend that the conflicting + legislation which the bill seems to contemplate is so likely to occur as + to render it necessary at this time to adopt a measure of such doubtful + constitutionality. +</p> +<p> + In the next place, this provision of the bill seems to be unnecessary, + as adequate judicial remedies could be adopted to secure the desired end + without invading the immunities of legislators, always important to be + preserved in the interest of public liberty; without assailing the + independence of the judiciary, always essential to the preservation of + individual rights; and without impairing the efficiency of ministerial + officers, always necessary for the maintenance of public peace and + order. The remedy proposed by this section seems to be in this respect + not only anomalous, but unconstitutional; for the Constitution + guarantees nothing with certainty if it does not insure to the several + States the right of making and executing laws in regard to all matters + arising within their jurisdiction, subject only to the restriction that + in cases of conflict with the Constitution and constitutional laws of + the United States the latter should be held to be the supreme law of the + land. +</p> +<p> + The third section gives the district courts of the United States + exclusive "cognizance of all crimes and offenses committed against the + provisions of this act," and concurrent jurisdiction with the circuit + courts of the United States of all civil and criminal cases "affecting + persons who are denied or can not enforce in the courts or judicial + tribunals of the State or locality where they may be any of the rights + secured to them by the first section." The construction which I have + given to the second section is strengthened by this third section, for + it makes clear what kind of denial or deprivation of the rights secured + by the first section was in contemplation. It is a denial or deprivation + of such rights "in the courts or judicial tribunals of the State." It + stands, therefore, clear of doubt that the offense and the penalties + provided in the second section are intended for the State judge who, in + the clear exercise of his functions as a judge, not acting ministerially + but judicially, shall decide contrary to this Federal law. In other + words, when a State judge, acting upon a question involving a conflict + between a State law and a Federal law, and bound, according to his own + judgment and responsibility, to give an impartial decision between the + two, comes to the conclusion that the State law is valid and the Federal + law is invalid, he must not follow the dictates of his own judgment, at + the peril of fine and imprisonment. The legislative department of the + Government of the United States thus takes from the judicial department + of the States the sacred and exclusive duty of judicial decision, and + converts the State judge into a mere ministerial officer, bound to + decide according to the will of Congress. +</p> +<p> + It is clear that in States which deny to persons whose rights are + secured by the first section of the bill any one of those rights all + criminal and civil cases affecting them will, by the provisions of the + third section, come under the exclusive cognizance of the Federal + tribunals. It follows that if, in any State which denies to a colored + person any one of all those rights, that person should commit a crime + against the laws of a State—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. +</p> +<p> + It may be assumed that this authority is incident to the power granted + to Congress by the Constitution, as recently amended, to enforce, by + appropriate legislation, the article declaring that— +</p> +<p class="q"> + Neither slavery nor involuntary servitude, except as a punishment for + crime whereof the party shall have been duly convicted, shall exist + within the United States or any place subject to their jurisdiction. +</p> +<p> + It can not, however, be justly claimed that, with a view to the + enforcement of this article of the Constitution, there is at present any + necessity for the exercise of all the powers which this bill confers. + Slavery has been abolished, and at present nowhere exists within the + jurisdiction of the United States; nor has there been, nor is it likely + there will be, any attempt to revive it by the people or the States. + If, however, any such attempt shall be made, it will then become the + duty of the General Government to exercise any and all incidental powers + necessary and proper to maintain inviolate this great constitutional law + of freedom. +</p> +<p> + The fourth section of the bill provides that officers and agents of the + Freedmen's Bureau shall be empowered to make arrests, and also that + other officers may be specially commissioned for that purpose by the + President of the United States. It also authorizes circuit courts of the + United States and the superior courts of the Territories to appoint, + without limitation, commissioners, who are to be charged with the + performance of <i>quasi</i> judicial duties. The fifth section empowers the + commissioners so to be selected by the courts to appoint in writing, + under their hands, one or more suitable persons from time to time to + execute warrants and other processes described by the bill. These + numerous official agents are made to constitute a sort of police, + in addition to the military, and are authorized to summon a <i>posse + comitatus</i>, and even to call to their aid such portion of the land + and naval forces of the United States, or of the militia, "as may be + necessary to the performance of the duty with which they are charged." + This extraordinary power is to be conferred upon agents irresponsible to + the Government and to the people, to whose number the discretion of the + commissioners is the only limit, and in whose hands such authority might + be made a terrible engine of wrong, oppression, and fraud. The general + statutes regulating the land and naval forces of the United States, the + militia, and the execution of the laws are believed to be adequate for + every emergency which can occur in time of peace. If it should prove + otherwise, Congress can at any time amend those laws in such manner as, + while subserving the public welfare, not to jeopard the rights, + interests, and liberties of the people. +</p> +<p> + The seventh section provides that a fee of $10 shall be paid to each + commissioner in every case brought before him, and a fee of $5 to his + deputy or deputies "for each person he or they may arrest and take + before any such commissioner," "with such other fees as may be deemed + reasonable by such commissioner," "in general for performing such other + duties as may be required in the premises." All these fees are to be + "paid out of the Treasury of the United States," whether there is a + conviction or not; but in case of conviction they are to be recoverable + from the defendant. It seems to me that under the influence of such + temptations bad men might convert any law, however beneficent, into an + instrument of persecution and fraud. +</p> +<p> + By the eighth section of the bill the United States courts, which sit + only in one place for white citizens, must migrate with the marshal and + district attorney (and necessarily with the clerk, although he is not + mentioned) to any part of the district upon the order of the President, + and there hold a court, "for the purpose of the more speedy arrest and + trial of persons charged with a violation of this act;" and there the + judge and officers of the court must remain, upon the order of the + President, "for the time therein designated." +</p> +<p> + The ninth section authorizes the President, or such person as he may + empower for that purpose, "to employ such part of the land or naval + forces of the United States, or of the militia, as shall be necessary + to prevent the violation and enforce the due execution of this act." + This language seems to imply a permanent military force, that is to be + always at hand, and whose only business is to be the enforcement of this + measure over the vast region where it is intended to operate. +</p> +<p> + I do not propose to consider the policy of this bill. To me the details + of the bill seem fraught with evil. The white race and the black race of + the South have hitherto lived together under the relation of master and + slave—capital owning labor. Now, suddenly, that relation is changed, + and as to ownership capital and labor are divorced. They stand now each + master of itself. In this new relation, one being necessary to the + other, there will be a new adjustment, which both are deeply interested + in making harmonious. Each has equal power in settling the terms, and + if left to the laws that regulate capital and labor it is confidently + believed that they will satisfactorily work out the problem. Capital, it + is true, has more intelligence, but labor is never so ignorant as not to + understand its own interests, not to know its own value, and not to see + that capital must pay that value. +</p> +<p> + This bill frustrates this adjustment. It intervenes between capital and + labor and attempts to settle questions of political economy through the + agency of numerous officials whose interest it will be to foment discord + between the two races, for as the breach widens their employment will + continue, and when it is closed their occupation will terminate. +</p> +<p> + In all our history, in all our experience as a people living under + Federal and State law, no such system as that contemplated by the + details of this bill has ever before been proposed or adopted. They + establish for the security of the colored race safeguards which go + infinitely beyond any that the General Government has ever provided for + the white race. In fact, the distinction of race and color is by the + bill made to operate in favor of the colored and against the white race. + They interfere with the municipal legislation of the States, with the + relations existing exclusively between a State and its citizens, or + between inhabitants of the same State—an absorption and assumption of + power by the General Government which, if acquiesced in, must sap and + destroy our federative system of limited powers and break down the + barriers which preserve the rights of the States. It is another step, + or rather stride, toward centralization and the concentration of all + legislative powers in the National Government. The tendency of the + bill must be to resuscitate the spirit of rebellion and to arrest the + progress of those influences which are more closely drawing around the + States the bonds of union and peace. +</p> +<p> + My lamented predecessor, in his proclamation of the 1st of January, + 1863, ordered and declared that all persons held as slaves within + certain States and parts of States therein designated were and + thenceforward should be free; and further, that the executive government + of the United States, including the military and naval authorities + thereof, would recognize and maintain the freedom of such persons. + This guaranty has been rendered especially obligatory and sacred by the + amendment of the Constitution abolishing slavery throughout the United + States. I therefore fully recognize the obligation to protect and + defend that class of our people whenever and wherever it shall become + necessary, and to the full extent compatible with the Constitution of + the United States. +</p> +<p> + Entertaining these sentiments, it only remains for me to say that I will + cheerfully cooperate with Congress in any measure that may be necessary + for the protection of the civil rights of the freedmen, as well as those + of all other classes of persons throughout the United States, by + judicial process, under equal and impartial laws, in conformity with the + provisions of the Federal Constitution. +</p> +<p> + I now return the bill to the Senate, and regret that in considering the + bills and joint resolutions—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. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 15, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return to the Senate, in which House it originated, the bill, which + has passed both Houses of Congress, entitled "An act for the admission + of the State of Colorado into the Union," with my objections to its + becoming a law at this time. +</p> +<p> + First. From the best information which I have been able to obtain + I do not consider the establishment of a State government at present + necessary for the welfare of the people of Colorado. Under the existing + Territorial government all the rights, privileges, and interests of the + citizens are protected and secured. The qualified voters choose their + own legislators and their own local officers, and are represented in + Congress by a Delegate of their own selection. They make and execute + their own municipal laws, subject only to revision by Congress—an + authority not likely to be exercised unless in extreme or extraordinary + cases. The population is small, some estimating it so low as 25,000, + while advocates of the bill reckon the number at from 35,000 to 40,000 + souls. The people are principally recent settlers, many of whom are + understood to be ready for removal to other mining districts beyond + the limits of the Territory if circumstances shall render them more + inviting. Such a population can not but find relief from excessive + taxation if the Territorial system, which devolves the expenses of the + executive, legislative, and judicial departments upon the United States, + is for the present continued. They can not but find the security of + person and property increased by their reliance upon the national + executive power for the maintenance of law and order against the + disturbances necessarily incident to all newly organized communities. +</p> +<p> + Second. It is not satisfactorily established that a majority of the + citizens of Colorado desire or are prepared for an exchange of a + Territorial for a State government. In September, 1864, under the + authority of Congress, an election was lawfully appointed and held for + the purpose of ascertaining the views of the people upon this particular + question. Six thousand one hundred and ninety-two votes were cast, and + of this number a majority of 3,152 was given against the proposed + change. In September, 1865, without any legal authority, the question + was again presented to the people of the Territory, with the view of + obtaining a reconsideration of the result of the election held in + compliance with the act of Congress approved March 21, 1864. At this + second election 5,905 votes were polled, and a majority of 155 was given + in favor of a State organization. It does not seem to me entirely safe + to receive this, the last-mentioned, result, so irregularly obtained, as + sufficient to outweigh the one which had been legally obtained in the + first election. Regularity and conformity to law are essential to the + preservation of order and stable government, and should, as far as + practicable, always be observed in the formation of new States. +</p> +<p> + Third. The admission of Colorado at this time as a State into the + Federal Union appears to me to be incompatible with the public interests + of the country. While it is desirable that Territories, when + sufficiently matured, should be organized as States, yet the spirit of + the Constitution seems to require that there should be an approximation + toward equality among the several States composing the Union. No State + can have less or more than two Senators in Congress. The largest State + has a population of 4,000,000; several of the States have a population + exceeding 2,000,000, and many others have a population exceeding + 1,000,000. A population of 127,000 is the ratio of apportionment of + Representatives among the several States. +</p> +<p> + If this bill should become a law, the people of Colorado, 30,000 in + number, would have in the House of Representatives one member, while New + York, with a population of 4,000,000, has but thirty-one; Colorado would + have in the electoral college three votes, while New York has only + thirty-three; Colorado would have in the Senate two votes, while New + York has no more. +</p> +<p> + Inequalities of this character have already occurred, but it is believed + that none have happened where the inequality was so great. When such + inequality has been allowed, Congress is supposed to have permitted it + on the ground of some high public necessity and under circumstances + which promised that it would rapidly disappear through the growth and + development of the newly admitted State. Thus, in regard to the several + States in what was formerly called the "Northwest Territory," lying east + of the Mississippi, their rapid advancement in population rendered it + certain that States admitted with only one or two Representatives in + Congress would in a very short period be entitled to a great increase + of representation. So, when California was admitted, on the ground of + commercial and political exigencies, it was well foreseen that that + State was destined rapidly to become a great, prosperous, and important + mining and commercial community. In the case of Colorado, I am not aware + that any national exigency, either of a political or commercial nature, + requires a departure from the law of equality which has been so + generally adhered to in our history. +</p> +<p> + If information submitted in connection with this bill is reliable, + Colorado, instead of increasing, has declined in population. At an + election for members of a Territorial legislature held in 1861, 10,580 + votes were cast; at the election before mentioned, in 1864, the number + of votes cast was 6,192; while at the irregular election held in 1865, + which is assumed as a basis for legislative action at this time, the + aggregate of votes was 5,905. Sincerely anxious for the welfare and + prosperity of every Territory and State, as well as for the prosperity + and welfare of the whole Union, I regret this apparent decline of + population in Colorado; but it is manifest that it is due to emigration + which is going on from that Territory into other regions within the + United States, which either are in fact or are believed by the + inhabitants of Colorado to be richer in mineral wealth and agricultural + resources. If, however, Colorado has not really declined in population, + another census or another election under the authority of Congress would + place the question beyond doubt, and cause but little delay in the + ultimate admission of the Territory as a State if desired by the people. +</p> +<p> + The tenor of these objections furnishes the reply which may be expected + to an argument in favor of the measure derived from the enabling act + which was passed by Congress on the 21st day of March, 1864. Although + Congress then supposed that the condition of the Territory was such as + to warrant its admission as a State, the result of two years' experience + shows that every reason which existed for the institution of a + Territorial instead of a State government in Colorado at its first + organization still continues in force. +</p> +<p> + The condition of the Union at the present moment is calculated to + inspire caution in regard to the admission of new States. Eleven of the + old States have been for some time, and still remain, unrepresented + in Congress. It is a common interest of all the States, as well those + represented as those unrepresented, that the integrity and harmony of + the Union should be restored as completely as possible, so that all + those who are expected to bear the burdens of the Federal Government + shall be consulted concerning the admission of new States; and that + in the meantime no new State shall be prematurely and unnecessarily + admitted to a participation in the political power which the Federal + Government wields, not for the benefit of any individual State or + section, but for the common safety, welfare, and happiness of the whole + country. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 15, 1866</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The bill entitled "An act to enable the New York and Montana Iron Mining + and Manufacturing Company to purchase a certain amount of the public + lands not now in market" is herewith returned to the Senate, in which it + originated, with the objections which induce me to withhold my approval. +</p> +<p> + By the terms of this bill the New York and Montana Iron Mining and + Manufacturing Company are authorized, at any time within one year after + the date of approval, to <i>preempt</i> two tracts of land in the Territory + of Montana, not exceeding in the aggregate twenty sections, and not + included in any Indian reservation or in any Government reservation for + military or other purposes. Three of these sections may be selected from + lands containing <i>iron ore and coal</i>, and the remainder from <i>timber</i> + lands lying near thereto. These selections are to be made under + regulations from the Secretary of the Interior and be subject to his + approval. The company, on the selection of the lands, may acquire + immediate possession by permanently marking their boundaries and + publishing description thereof in any two newspapers of general + circulation in the Territory of Montana. Patents are to be issued on + the performance, within two years, of the following conditions: +</p> +<p> + First. The lands to be surveyed at the expense of the company, and each + tract to be "as nearly in a square form as may be practicable." +</p> +<p> + Second. The company to furnish evidence satisfactory to the Secretary of + the Interior that they have erected and have in operation in one or more + places on said lands iron works capable of manufacturing at least 1,500 + tons of iron per annum. +</p> +<p> + Third. The company to have paid for said lands the minimum price of + $1.25 per acre. +</p> +<p> + It is also provided that the "patents shall convey no title to any + mineral lands except iron and coal, or to any lands held by right of + possession, or by any other title, <i>except Indian title</i>, valid at + the time of the selection of the said lands." The company are to have + the privileges of <i>ordinary preemptors</i> and be subject to the same + restrictions as such preemptors with reference to wood and timber on the + lands, with the exception of so much as may be necessarily used in the + erection of buildings and in the legitimate business of manufacturing + iron. +</p> +<p> + The parties upon whom these privileges are conferred are designated in + the bill as "The New York and Montana Iron Mining and Manufacturing + Company." Their names and residence not being disclosed, it must be + inferred that this company is a corporation, which, under color of + corporate powers derived from some State or Territorial legislative + authority, proposes to carry on the business of mining and manufacturing + iron, and to accomplish these ends seeks this grant of public land in + Montana. Two questions thus arise, viz, whether the privileges the bill + would confer should be granted to any person or persons, and, secondly, + whether, if unobjectionable in other respects, they should be conferred + upon a corporation. +</p> +<p> + The public domain is a national trust, set apart and held for the + general welfare upon principles of equal justice, and not to be bestowed + as a special privilege upon a favored class. The proper rules for the + disposal of public land have from the earliest period been the subject + of earnest inquiry, grave discussion, and deliberate judgment. The + purpose of <i>direct</i> revenue was the first object, and this was attained + by public sale to the highest bidder, and subsequently by the right of + private purchase at a fixed minimum. It was soon discovered that the + surest and most speedy means of promoting the wealth and prosperity of + the country was by encouraging actual settlement and occupation, and + hence a system of preemption rights, resulting most beneficially, in all + the Western Territories. By progressive steps it has advanced to the + homestead principle, securing to every head of a family, widow, and + single man 21 years of age and to every soldier who has borne arms for + his country a landed estate sufficient, with industry, for the purpose + of independent support. +</p> +<p> + Without tracing the system of preemption laws through the several + stages, it is sufficient to observe that it rests upon certain just + and plain principles, firmly established in all our legislation. The + object of these laws is to encourage the expansion of population and + the development of agricultural interests, and hence they have been + invariably restricted to settlers. Actual residence and cultivation are + made indispensable conditions; and, to guard the privilege from abuses + of speculation or monopoly, the law is rigid as to the mode of + establishing claims by adequate testimony, with penalties for perjury. + Mining, trading, or any pursuit other than culture of the soil is + interdicted, mineral lands being expressly excluded from preemption + privileges, excepting those containing coal, which, in quantities not + exceeding 160 acres, are restricted to individuals in actual possession + and commerce, with an enhanced minimum of $20 per acre. +</p> +<p> + For a quarter of a century the quantity of land subject to agricultural + preemption has been limited so as not to exceed a quarter section, or + 160 acres; and, still further to guard against monopoly, the privilege + of preemption is not allowed to any person who owns 320 acres of land in + any State or Territory of the United States, nor is any person entitled + to more than one preemptive right, nor is it extended to lands to which + the Indian usufruct has not been extinguished. To restrict the + privilege within reasonable limits, credit to the ordinary preemptor on + <i>offered</i> land is not extended beyond twelve months, within which time + the minimum price must be paid. Where the settlement is upon <i>unoffered</i> + territory, the time for payment is limited to the day of public offering + designated by proclamation of the President; while, to prevent + depreciation of the land by waste or destruction of what may constitute + its value, penal enactments have been made for the punishment of persons + depredating upon public timber. +</p> +<p> + Now, supposing the New York and Montana Iron Mining and Manufacturing + Company to be entitled to all the preemption rights which it has been + found just and expedient to bestow upon natural persons, it will be seen + that the privileges conferred by the bill in question are in direct + conflict with every principle heretofore observed in respect to the + disposal of the public lands. +</p> +<p> + The bill confers preemption right to <i>mineral lands</i>, which, excepting + coal lands, at an enhanced minimum, have heretofore, as a general + principle, been carefully excluded from preemption. The object of the + company is not to cultivate the soil or to promote agriculture, but is + for the sole purpose of mining and manufacturing iron. The company is + not limited, like ordinary preemptors, to one preemptive claim of a + quarter section, but may preempt two bodies of land, amounting in + the aggregate to twenty sections, containing 12,800 acres, or eighty + ordinary individual preemption rights. The timber is not protected, but, + on the contrary, is devoted to speedy destruction; for even before the + consummation of title the company are allowed to consume whatever may be + necessary in the erection of buildings and the business of manufacturing + iron. For these special privileges, in contravention of the land policy + of so many years, the company are required to pay only the minimum price + of $1.25 per acre, or one-sixteenth of the established minimum, and are + granted a credit of two years, or twice the time allowed ordinary + preemptors on offered lands. +</p> +<p> + Nor is this all. The preemption right in question covers three sections + of land containing iron ore and <i>coal</i>. The act passed on the 1st of + July, 1864, made it lawful for the President to cause tracts embracing + coal beds or coal fields to be offered at public sale in suitable legal + subdivisions to the highest bidder, after public notice of not less than + three months, at a minimum price of $20 per acre, and any lands not thus + disposed of were thereafter to be liable to private entry at said + minimum. By the act of March 3, 1865, the right of preemption to coal + lands is granted to any citizen of the United States who at that date + was engaged in the business of coal mining on the public domain for + purposes of commerce; and he is authorized to enter, according to legal + subdivisions, at the minimum price of $20 per acre, a quantity of land + not exceeding 160 acres, to embrace his improvements and mining + premises. Under these acts the minimum price of three sections of coal + lands would be thirty-eight thousand four hundred dollars ($38,400). +</p> +<p> + By the bill now in question these sections containing <i>coal and iron</i> + are bestowed on this company at the nominal price of $1.25 per acre, or + two thousand four hundred dollars ($2,400), thus making a gratuity or + gift to the New York and Montana Iron Mining and Manufacturing Company + of thirty-six thousand dollars ($36,000). +</p> +<p> + On what ground can such a gratuity to this company be justified, + especially at a time when the burdens of taxation bear so heavily upon + all classes of the people? +</p> +<p> + Less than two years ago it appears to have been the deliberate judgment + of Congress that tracts of land containing coal beds or coal fields + should be sold, after three months' notice, to the bidder at public + auction who would give the highest price over $20 per acre, and that + a citizen engaged in the business of actual coal mining on the public + domain should only secure a tract of 160 acres, at private entry, upon + payment of $20 per acre and formal and satisfactory proof that he in all + respects came within the requirements of the statute. It can not be that + the coal fields of Montana have depreciated nearly twenty fold in value + since July, 1864. So complete a revolution in the land policy as is + manifested by this act can only be ascribed, therefore, to an + inadvertence, which Congress will, I trust, promptly correct. +</p> +<p> + Believing that the preemption policy—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. +</p> +<p> + Why should incorporated companies have the privileges of individual + preemptors? What principle of justice requires such a policy? What + motive of public welfare can fail to condemn it? Lands held by + corporations were regarded by ancient laws as held in mortmain, or by + "dead hand," and from the time of Magna Charta corporations required + the royal license to hold land, because such holding was regarded as in + derogation of public policy and common right. Preemption is itself a + special privilege, only authorized by its supposed public benefit in + promoting the settlement and cultivation of vacant territory and in + rewarding the enterprise of the persons upon whom the privilege is + bestowed. "Preemption rights," as declared by the Supreme Court of the + United States, "are founded in an enlightened public policy, rendered + necessary by the enterprise of our citizens. The adventurous pioneer, + who is found in advance of our settlements, encounters many hardships, + and not unfrequently dangers from savage incursions. He is generally + poor, and it is fit that his enterprise should be rewarded by the + privilege of purchasing the spot selected by him, not to exceed 160 + acres." +</p> +<p> + It may be said that this company, before they obtain a patent, must + prove that within two years they "have erected and have in operation + in one or more places on the said lands iron works with a capacity for + manufacturing at least 1,500 tons of iron per annum." On the other hand, + they are to have possession for two years of more than 12,000 acres of + the choice land of the Territory, of which nearly 2,000 acres are to + contain <i>iron ore and coal</i> and over 10,000 acres to be of <i>timber</i> + land selected by themselves. They will thus have the first and exclusive + choice. In fact, they are the only parties who at this time would have + any privilege whatever in the way of obtaining titles in that Territory. + Inasmuch as Montana has not yet been organized into a land district, the + general preemption laws for the benefit of individual settlers have not + yet been extended to that country, nor has a single acre of public + land in the Territory yet been surveyed. With such exclusive and + extraordinary privileges, how many companies would be willing to + undertake furnaces that would produce 5 tons per day in much less time + than two years? +</p> +<p> + It is plain the pretended consideration on which the patent is to issue + bears no just proportion to that of the ordinary preemptor, and that + this bill is but the precursor of a system of land distribution to a + privileged class, unequal, unjust, and which ought not to receive the + sanction of the General Government. Many thousand pioneers have turned + their steps to the Western Territories, seeking, with their wives and + children, homesteads to be acquired by sturdy industry under the + preemption laws. On their arrival they should not find the timbered + lands and the tracts containing iron ore and coal already surveyed and + claimed by corporate companies, favored by the special legislation of + Congress, and with boundaries fixed even in advance of the public + surveys—a departure from the salutary provision requiring a settler + upon unsurveyed lands to limit the boundaries of his claim to the lines + of the public survey after they shall have been established. He receives + a title only to a legal subdivision, including his residence and + improvements. The survey of the company may not accord with that which + will hereafter be made by the Government, while the patent that issues + will be descriptive of and confer a title to the tract as surveyed by + the company. +</p> +<p> + I am aware of no precedent for granting such exclusive rights to a + manufacturing company for a nominal consideration. Congress have made + concessions to railway companies of alternate sections within given + limits of the lines of their roads. This policy originated in the belief + that the facilities afforded by reaching the parts of the country remote + from the great centers of population would expedite the settlement and + sale of the public domain. These incidental advantages were secured + without pecuniary loss to the Government, by reason of the enhanced + value of the reserved sections, which are held at the double minimum. + Mining and manufacturing companies, however, have always been + distinguished from public-improvement corporations. The former are, in + law and in fact, only private associations for trade and business on + individual account and for personal benefit. Admitting the proposition + that railroad grants can stand on sound principle, it is plain that such + can not be the case with concessions to companies like that contemplated + by this measure. In view of the strong temptation to monopolize the + public lands, with the pernicious results, it would seem at least of + doubtful expediency to lift corporations above all competition with + actual settlers by authorizing them to become purchasers of public lands + in the Territories for any purpose, and particularly when clothed with + the special benefits of this bill. For myself, I am convinced that the + privileges of ordinary preemptors ought not to be extended to + incorporated companies. +</p> +<p> + A third objection may be mentioned, as it exemplifies the spirit in + which special privileges are sought by incorporated companies. +</p> +<p> + Land subject to Indian occupancy has always been scrupulously guarded by + law from preemption settlement or encroachment under any pretext until + the Indian title should be extinguished. In the fourth section of this + act, however, lands held by "Indian title" are excepted from prohibition + against the patent to be issued to the New York and Montana Iron Mining + and Manufacturing Company. +</p> +<p> + The bill provides that the patent "shall convey no title to any mineral + lands <i>except iron and coal</i>, or to any lands held by right of + possession, or by any other title, <i>except Indian title</i>, valid at + the time of the selection of the said lands." It will be seen that by + the first section lands in "Indian reservations" are excluded from + individual preemption right, but by the fourth section the patent may + cover any Indian title except a <i>reservation</i>; so that no matter what + may be the nature of the Indian title, unless it be in a reservation, + it is unprotected from the privilege conceded by this bill. +</p> +<p> + Without further pursuing the subject, I return the bill to the Senate + without my signature, and with the following as prominent objections to + its becoming a law: +</p> +<p> + First. That it gives to the New York and Montana Iron Mining and + Manufacturing Company preemption privileges to iron and coal lands on a + large scale and at the ordinary minimum—a privilege denied to ordinary + preemptors. It bestows upon the company large tracts of <i>coal</i> lands at + one-sixteenth of the minimum price required from ordinary preemptors. + It also relieves the company from restrictions imposed upon ordinary + preemptors in respect to <i>timber lands</i>; allows double the time for + payment granted to preemptors on offered lands; and these privileges are + for purposes not heretofore authorized by the preemption laws, but for + trade and manufacturing. +</p> +<p> + Second. Preemption rights on such a scale to private corporations are + unequal and hostile to the policy and principles which sanction + preemption laws. +</p> +<p> + Third. The bill allows this company to take possession of land, use it, + and acquire a patent thereto before the Indian title is extinguished, + and thus violates the good faith of the Government toward the aboriginal + tribes. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 16, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + A careful examination of the bill passed by the two Houses of Congress + entitled "An act to continue in force and to amend 'An act to establish + a bureau for the relief of freedmen and refugees, and for other + purposes'" has convinced me that the legislation which it proposes would + not be consistent with the welfare of the country, and that it falls + clearly within the reasons assigned in my message of the 19th of + February last, returning, without my signature, a similar measure which + originated in the Senate. It is not my purpose to repeat the objections + which I then urged. They are yet fresh in your recollection, and can be + readily examined as a part of the records of one branch of the National + Legislature. Adhering to the principles set forth in that message, I now + reaffirm them and the line of policy therein indicated. +</p> +<p> + The only ground upon which this kind of legislation can be justified is + that of the war-making power. The act of which this bill is intended + as amendatory was passed during the existence of the war. By its own + provisions it is to terminate within one year from the cessation of + hostilities and the declaration of peace. It is therefore yet in + existence, and it is likely that it will continue in force as long + as the freedmen may require the benefit of its provisions. It will + certainly remain in operation as a law until some months subsequent to + the meeting of the next session of Congress, when, if experience shall + make evident the necessity of additional legislation, the two Houses + will have ample time to mature and pass the requisite measures. In the + meantime the questions arise, Why should this war measure be continued + beyond the period designated in the original act, and why in time of + peace should military tribunals be created to continue until each + "State shall be fully restored in its constitutional relations to the + Government and shall be duly represented in the Congress of the United + States"? +</p> +<p> + It was manifest, with respect to the act approved March 3, 1865, that + prudence and wisdom alike required that jurisdiction over all cases + concerning the free enjoyment of the immunities and rights of + citizenship, as well as the protection of person and property, should + be conferred upon some tribunal in every State or district where the + ordinary course of judicial proceedings was interrupted by the + rebellion, and until the same should be fully restored. At that time, + therefore, an urgent necessity existed for the passage of some such + law. Now, however, war has substantially ceased; the ordinary course of + judicial proceedings is no longer interrupted; the courts, both State + and Federal, are in full, complete, and successful operation, and + through them every person, regardless of race and color, is entitled to + and can be heard. The protection granted to the white citizen is already + conferred by law upon the freedman; strong and stringent guards, by way + of penalties and punishments, are thrown around his person and property, + and it is believed that ample protection will be afforded him by due + process of law, without resort to the dangerous expedient of "military + tribunals," now that the war has been brought to a close. The necessity + no longer existing for such tribunals, which had their origin in the + war, grave objections to their continuance must present themselves to + the minds of all reflecting and dispassionate men. Independently of the + danger, in representative republics, of conferring upon the military, + in time of peace, extraordinary powers—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. +</p> +<p> + By the laws of the United States and of the different States competent + courts, Federal and State, have been established and are now in full + practical operation. By means of these civil tribunals ample redress is + afforded for all private wrongs, whether to the person or the property + of the citizen, without denial or unnecessary delay. They are open to + all, without regard to color or race. I feel well assured that it will + be better to trust the rights, privileges, and immunities of the citizen + to tribunals thus established, and presided over by competent and + impartial judges, bound by fixed rules of law and evidence, and where + the right of trial by jury is guaranteed and secured, than to the + caprice or judgment of an officer of the Bureau, who it is possible + may be entirely ignorant of the principles that underlie the just + administration of the law. There is danger, too, that conflict of + jurisdiction will frequently arise between the civil courts and these + military tribunals, each having concurrent jurisdiction over the person + and the cause of action—the one judicature administered and controlled + by civil law, the other by the military. How is the conflict to be + settled, and who is to determine between the two tribunals when it + arises? In my opinion, it is wise to guard against such conflict by + leaving to the courts and juries the protection of all civil rights + and the redress of all civil grievances. +</p> +<p> + The fact can not be denied that since the actual cessation of + hostilities many acts of violence, such, perhaps, as had never been + witnessed in their previous history, have occurred in the States + involved in the recent rebellion. I believe, however, that public + sentiment will sustain me in the assertion that such deeds of wrong are + not confined to any particular State or section, but are manifested over + the entire country, demonstrating that the cause that produced them + does not depend upon any particular locality, but is the result of + the agitation and derangement incident to a long and bloody civil war. + While the prevalence of such disorders must be greatly deplored, their + occasional and temporary occurrence would seem to furnish no necessity + for the extension of the Bureau beyond the period fixed in the original + act. +</p> +<p> + Besides the objections which I have thus briefly stated, I may urge upon + your consideration the additional reason that recent developments in + regard to the practical operations of the Bureau in many of the States + show that in numerous instances it is used by its agents as a means of + promoting their individual advantage, and that the freedmen are employed + for the advancement of the personal ends of the officers instead of + their own improvement and welfare, thus confirming the fears originally + entertained by many that the continuation of such a Bureau for any + unnecessary length of time would inevitably result in fraud, corruption, + and oppression. It is proper to state that in cases of this character + investigations have been promptly ordered, and the offender punished + whenever his guilt has been satisfactorily established. +</p> +<p> + As another reason against the necessity of the legislation contemplated + by this measure, reference may be had to the "civil-rights bill," now a + law of the land, and which will be faithfully executed so long as it + shall remain unrepealed and may not be declared unconstitutional by + courts of competent jurisdiction. By that act it is enacted— +</p> +<p class="q"> + That all persons born in the United States and not subject to any + foreign power, excluding Indians not taxed, are hereby declared to + be citizens of the United States; and such citizens, of every race + and color, without regard to any previous condition of slavery or + involuntary servitude, except as a punishment for crime whereof the + party shall have been duly convicted, shall have the same right in every + State and Territory in the United States to make and enforce contracts; + to sue, be parties, and give evidence; to inherit, purchase, lease, + sell, hold, and convey real and personal property, and to full and equal + benefit of all laws and proceedings for the security of person and + property, as is enjoyed by white citizens, and shall be subject to like + punishment, pains, and penalties, and to none other, any law, statute, + ordinance, regulation, or custom to the contrary notwithstanding. +</p> +<p> + By the provisions of the act full protection is afforded through the + district courts of the United States to all persons injured, and whose + privileges, as thus declared, are in any way impaired; and heavy + penalties are denounced against the person who willfully violates the + law. I need not state that that law did not receive my approval; yet its + remedies are far more preferable than those proposed in the present + bill—the one being civil and the other military. +</p> +<p> + By the sixth section of the bill herewith returned certain proceedings + by which the lands in the "parishes of St. Helena and St. Luke, South + Carolina," were sold and bid in, and afterwards disposed of by the tax + commissioners, are ratified and confirmed. By the seventh, eighth, + ninth, tenth, and eleventh sections provisions by law are made for the + disposal of the lands thus acquired to a particular class of citizens. + While the quieting of titles is deemed very important and desirable, the + discrimination made in the bill seems objectionable, as does also the + attempt to confer upon the commissioners judicial powers by which + citizens of the United States are to be deprived of their property in a + mode contrary to that provision of the Constitution which declares that + no person shall "be deprived of life, liberty, or property without due + process of law." As a general principle, such legislation is unsafe, + unwise, partial, and unconstitutional. It may deprive persons of their + property who are equally deserving objects of the nation's bounty as + those whom by this legislation Congress seeks to benefit. The title to + the land thus to be portioned out to a favored class of citizens must + depend upon the regularity of the tax sales under the law as it existed + at the time of the sale, and no subsequent legislation can give + validity to the right thus acquired as against the original claimants. + The attention of Congress is therefore invited to a more mature + consideration of the measures proposed in these sections of the bill. +</p> +<p> + In conclusion I again urge upon Congress the danger of class + legislation, so well calculated to keep the public mind in a state of + uncertain expectation, disquiet, and restlessness and to encourage + interested hopes and fears that the National Government will continue to + furnish to classes of citizens in the several States means for support + and maintenance regardless of whether they pursue a life of indolence or + of labor, and regardless also of the constitutional limitations of the + national authority in times of peace and tranquillity. +</p> +<p> + The bill is herewith returned to the House of Representatives, in which + it originated, for its final action. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 28, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith return, without my approval, the bill entitled "An act + erecting the Territory of Montana into a surveying district, and for + other purposes." +</p> +<p> + The bill contains four sections, the first of which erects the Territory + into a surveying district and authorizes the appointment of a + surveyor-general; the second constitutes the Territory a land district; + the third authorizes the appointment of a register and receiver for said + district; and the fourth requires the surveyor-general to— +</p> +<p class="q"> + select and survey eighteen alternate odd sections of nonmineral timber + lands within said district for the New York and Montana Iron Mining and + Manufacturing Company, incorporated under the laws of the State of New + York, which lands the said company shall have immediate possession of on + the payment of <i>$1.25</i> per acre, and shall have a patent for the same + whenever, within two years after their selection, they shall have + furnished evidence satisfactory to the Secretary of the Interior that + they have erected and have in operation on the said lands iron works + with a capacity for manufacturing 1,500 tons of iron per annum: + <i>Provided</i>, That the said lands shall revert to the United States in + case the above-mentioned iron works be not erected within the specified + time: <i>And provided</i>, That until the title to the said lands shall have + been perfected the timber shall not be cut off from more than one + section of the said lands. +</p> +<p> + To confer the special privileges specified in this fourth section + appears to be the chief object of the bill, the provisions of which are + subject to some of the most important objections that induced me to + return to the Senate with my disapproval the bill entitled "An act to + enable the New York and Montana Iron Mining and Manufacturing Company + to purchase a certain amount of the public lands not now in market." + That bill authorized the same corporation to select and survey in the + Territory of Montana, in square form, twenty-one sections of land, three + of which might contain coal and iron ore, for which the minimum rate of + $1.25 per acre was to be paid. The present bill omits these sections of + mineral lands, and directs the surveyor-general to select and survey the + timber lands; but it contains the objectionable feature of granting + to a private mining and manufacturing corporation exclusive rights and + privileges in the public domain which are by law denied to individuals. + The first choice of timber land in the Territory is bestowed upon a + corporation foreign to the Territory and over which Congress has no + control. The surveyor-general of the district, a public officer who + should have no connection with any purchase of public land, is made the + agent of the corporation to select the land, the selections to be made + in the absence of all competition; and over 11,000 acres are bestowed + at the lowest price of public lands. It is by no means certain that + the substitution of alternate sections for the compact body of lands + contemplated by the other bill is any less injurious to the public + interest, for alternate sections stripped of timber are not likely + to enhance the value of those reserved by the Government. Be this as + it may, this bill bestows a large monopoly of public lands without + adequate consideration; confers a right and privilege in quantity + equivalent to seventy-two preemption rights; introduces a dangerous + system of privileges to private trading corporations; and is an unjust + discrimination in favor of traders and speculators against individual + settlers and pioneers who are seeking homes and improving our Western + Territories. Such a departure from the long-established, wise, and just + policy which has heretofore governed the disposition of the public funds + [lands] can not receive my sanction. The objections enumerated apply to + the fourth section of the bill. The first, second, and third sections, + providing for the appointment of a surveyor-general, register, and + receiver, are unobjectionable if any necessity requires the creation + of these offices and the additional expenses of a new surveying land + district. But they appear in this instance to be only needed as a part + of the machinery to enable the "New York and Montana Iron Mining and + Manufacturing Company" to secure these privileges; for I am informed by + the proper Department, in a communication hereto annexed, that there is + no public necessity for a surveyor-general, register, or receiver in + Montana Territory, since it forms part of an existing surveying and land + district, wherein the public business is, under present laws, transacted + with adequate facility, so that the provisions of the first, second, and + third sections would occasion needless expense to the General + Government. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATIONS. +</h2> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + An exequatur, bearing date the 13th day of October, 1864, having been + issued to Esteban Rogers, recognizing him as consul <i>ad interim</i> of the + Republic of Chile for the port of New York and its dependencies and + declaring him free to exercise and enjoy such functions, powers, and + privileges as are allowed to consuls by the law of nations or by the + laws of the United States and existing treaty stipulations between the + Government of Chile and the United States; but as it is deemed advisable + that the said Esteban Rogers should no longer be permitted to continue + in the exercise of said functions, powers, and privileges: +</p> +<p> + These are therefore to declare that I no longer recognize the said + Esteban Rogers as consul <i>ad interim</i> of the Republic of Chile for + the port of New York and its dependencies and will not permit him to + exercise or enjoy any of the functions, powers, or privileges allowed to + a consular officer of that nation; and that I do hereby wholly revoke + and annul the said exequatur heretofore given and do declare the same + to be absolutely null and void from this day forward. +</p> +<p> + In testimony whereof I have caused these letters to be made patent and + the seal of the United States of America to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand, at Washington, this 12th day of February, A.D. + 1866, and of the Independence of the United States of America the + ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + An exequatur, bearing date the 7th day of October, 1864, having been + issued to Claudius Edward Habicht, recognizing him as consul of Sweden + and Norway at New York and declaring him free to exercise and enjoy such + functions, powers, and privileges as are allowed to consuls by the law + of nations or by the laws of the United States and existing treaty + stipulations between the Government of Sweden and Norway and the United + States; but as it is deemed advisable that the said Claudius Edward + Habicht should no longer be permitted to continue in the exercise of + said functions, powers, and privileges: +</p> +<p> + These are therefore to declare that I no longer recognize the said + Claudius Edward Habicht as consul of Sweden and Norway at New York and + will not permit him to exercise or enjoy any of the functions, powers, + or privileges allowed to a consular officer of that nation; and that I + do hereby wholly revoke and annul the said exequatur heretofore given + and do declare the same to be absolutely null and void from this day + forward. +</p> +<p> + In testimony whereof I have caused these letters to be made patent and + the seal of the United States of America to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand, at Washington, the 26th day of March, A.D. 1866, + and of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + An exequatur, bearing date the 1st day of July, 1865, having been issued + to S.M. Svenson, recognizing him as vice-consul of Sweden and Norway at + New Orleans and declaring him free to exercise and enjoy such functions, + powers, and privileges as are allowed to vice-consuls by the law of + nations or by the laws of the United States and existing treaty + stipulations between the Government of Sweden and Norway and the United + States; but as it is deemed advisable that the said S.M. Svenson should + no longer be permitted to continue in the exercise of said functions, + powers, and privileges: +</p> +<p> + These are therefore to declare that I no longer recognize the said S.M. + Svenson as vice-consul of Sweden and Norway at New Orleans and will + not permit him to exercise or enjoy any of the functions, powers, or + privileges allowed to a consular officer of that nation; and that I do + hereby wholly revoke and annul the said exequatur heretofore given and + do declare the same to be absolutely null and void from this day + forward. +</p> +<p> + In testimony whereof I have caused these letters to be made patent and + the seal of the United States of America to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand, at Washington, the 26th day of March, A.D. 1866, + and of the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by proclamations of the 15th and 19th of April, 1861, the + President of the United States, in virtue of the power vested in him by + the Constitution and the laws, declared that the laws of the United + States were opposed and the execution thereof obstructed in the States + of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, + and Texas by combinations too powerful to be suppressed by the ordinary + course of judicial proceedings or by the powers vested in the marshals + by law; and +</p> +<p> + Whereas by another proclamation, made on the 16th day of August, in the + same year, in pursuance of an act of Congress approved July 13, 1861, + the inhabitants of the States of Georgia, South Carolina, Virginia, + North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, + Mississippi, and Florida (except the inhabitants of that part of the + State of Virginia lying west of the Alleghany Mountains and of such + other parts of that State and the other States before named as might + maintain a loyal adhesion to the Union and the Constitution or might be + from time to time occupied and controlled by forces of the United States + engaged in the dispersion of insurgents) were declared to be in a state + of insurrection against the United States; and +</p> +<p> + Whereas by another proclamation, of the 1st day of July, 1862, issued in + pursuance of an act of Congress approved June 7, in the same year, the + insurrection was declared to be still existing in the States aforesaid, + with the exception of certain specified counties in the State of + Virginia; and +</p> +<p> + Whereas by another proclamation, made on the 2d day of April, 1863, in + pursuance of the act of Congress of July 13, 1861, the exceptions named + in the proclamation of August 16, 1861, were revoked and the inhabitants + of the States of Georgia, South Carolina, North Carolina, Tennessee, + Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia + (except the forty-eight counties of Virginia designated as West Virginia + and the ports of New Orleans, Key West, Port Royal, and Beaufort, in + North Carolina) were declared to be still in a state of insurrection + against the United States; and +</p> +<p> + Whereas the House of Representatives, on the 22d day of July, 1861, + adopted a resolution in the words following, namely: +</p> +<p class="q"> + <i>Resolved by the House of Representatives of the Congress of the United + States</i>, That the present deplorable civil war has been forced upon the + country by the disunionists of the Southern States now in revolt against + the constitutional Government and in arms around the capital; that in + this national emergency Congress, banishing all feelings of mere passion + or resentment, will recollect only its duty to the whole country; that + this war is not waged upon our part in any spirit of oppression, nor for + any purpose of conquest or subjugation, nor purpose of overthrowing or + interfering with the rights or established institutions of those States, + but to defend and maintain the supremacy of the Constitution and to + preserve the Union, with all the dignity, equality, and rights of the + several States unimpaired; and that as soon as these objects are + accomplished the war ought to cease. +</p> +<p> + And whereas the Senate of the United States, on the 25th day of July, + 1861, adopted a resolution in the words following, to wit: +</p> +<p class="q"> + <i>Resolved</i>, That the present deplorable civil war has been forced upon + the country by the disunionists of the Southern States now in revolt + against the constitutional Government and in arms around the capital; + that in this national emergency Congress, banishing all feeling of + mere passion or resentment, will recollect only its duty to the whole + country; that this war is not prosecuted upon our part in any spirit + of oppression, nor for any purpose of conquest or subjugation, nor + purpose of overthrowing or interfering with the rights or established + institutions of those States, but to defend and maintain the supremacy + of the Constitution and all laws made in pursuance thereof and to + preserve the Union, with all the dignity, equality, and rights of + the several States unimpaired; that as soon as these objects are + accomplished the war ought to cease. +</p> +<p> + And whereas these resolutions, though not joint or concurrent in form, + are substantially identical, and as such may be regarded as having + expressed the sense of Congress upon the subject to which they relate; + and +</p> +<p> + Whereas by my proclamation of the 13th day of June last the insurrection + in the State of Tennessee was declared to have been suppressed, the + authority of the United States therein to be undisputed, and such United + States officers as had been duly commissioned to be in the undisturbed + exercise of their official functions; and +</p> +<p> + Whereas there now exists no organized armed resistance of misguided + citizens or others to the authority of the United States in the States + of Georgia, South Carolina, Virginia, North Carolina, Tennessee, + Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can + be sustained and enforced therein by the proper civil authority, State + or Federal, and the people of said States are well and loyally disposed + and have conformed or will conform in their legislation to the condition + of affairs growing out of the amendment to the Constitution of the + United States prohibiting slavery within the limits and jurisdiction of + the United States; and +</p> +<p> + Whereas, in view of the before-recited premises, it is the manifest + determination of the American people that no State of its own will has + the right or the power to go out of, or separate itself from, or be + separated from, the American Union, and that therefore each State ought + to remain and constitute an integral part of the United States; and +</p> +<p> + Whereas the people of the several before-mentioned States have, in the + manner aforesaid, given satisfactory evidence that they acquiesce in + this sovereign and important resolution of national unity; and +</p> +<p> + Whereas it is believed to be a fundamental principle of government that + people who have revolted and who have been overcome and subdued must + either be dealt with so as to induce them voluntarily to become friends + or else they must be held by absolute military power or devastated so as + to prevent them from ever again doing harm as enemies, which last-named + policy is abhorrent to humanity and to freedom; and +</p> +<p> + Whereas the Constitution of the United States provides for constituent + communities only as States, and not as Territories, dependencies, + provinces, or protectorates; and +</p> +<p> + Whereas such constituent States must necessarily be, and by the + Constitution and laws of the United States are, made equals and placed + upon a like footing as to political rights, immunities, dignity, and + power with the several States with which they are united; and +</p> +<p> + Whereas the observance of political equality, as a principle of right + and justice, is well calculated to encourage the people of the aforesaid + States to be and become more and more constant and persevering in their + renewed allegiance; and +</p> +<p> + Whereas standing armies, military occupation, martial law, military + tribunals, and the suspension of the privilege of the writ of <i>habeas + corpus</i> are in time of peace dangerous to public liberty, incompatible + with the individual rights of the citizen, contrary to the genius and + spirit of our free institutions, and exhaustive of the national + resources, and ought not, therefore, to be sanctioned or allowed except + in cases of actual necessity for repelling invasion or suppressing + insurrection or rebellion; and +</p> +<p> + Whereas the policy of the Government of the United States from the + beginning of the insurrection to its overthrow and final suppression has + been in conformity with the principles herein set forth and enumerated: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States, do + hereby proclaim and declare that the insurrection which heretofore + existed in the States of Georgia, South Carolina, Virginia, North + Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and + Florida is at an end and is henceforth to be so regarded. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 2d day of April, A.D. 1866, and of + the Independence of the United States of America the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + Whereas the exequatur of Claudius Edward Habicht, recognizing him as + consul of Sweden and Norway at New York, and that of S.M. Svenson as + vice-consul of Sweden and Norway at New Orleans were formally revoked on + the 26th day of March last; and +</p> +<p> + Whereas representations have been made to me since that date which have + effectually relieved those gentlemen from the charges of unlawful and + unfriendly conduct heretofore entertained against them: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of + the United States of America, do hereby annul the revocation of the + exequaturs of the said Claudius Edward Habicht and S.M. Svenson and + restore to them the right to exercise the functions and privileges + heretofore granted as consular officers of the Government of Sweden + and Norway. +</p> +<p> + In testimony whereof I have hereunto signed my name and caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 30th day of May, A.D. 1866, and of + the Independence of the United States the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has become known to me that certain evil-disposed persons + have, within the territory and jurisdiction of the United States, begun + and set on foot and have provided and prepared, and are still engaged in + providing and preparing, means for a military expedition and enterprise, + which expedition and enterprise is to be carried on from the territory + and jurisdiction of the United States against colonies, districts, and + people of British North America, within the dominions of the United + Kingdom of Great Britain and Ireland, with which said colonies, + districts, and people and Kingdom the United States are at peace; and +</p> +<p> + Whereas the proceedings aforesaid constitute a high misdemeanor, + forbidden by the laws of the United States as well as by the law of + nations: +</p> +<p> + Now, therefore, for the purpose of preventing the carrying on of the + unlawful expedition and enterprise aforesaid from the territory and + jurisdiction of the United States and to maintain the public peace as + well as the national honor and enforce obedience and respect to the laws + of the United States, I, Andrew Johnson, President of the United States, + do admonish and warn all good citizens of the United States against + taking part in or in any wise aiding, countenancing, or abetting said + unlawful proceedings; and I do exhort all judges, magistrates, marshals, + and officers in the service of the United States to employ all their + lawful authority and power to prevent and defeat the aforesaid unlawful + proceedings and to arrest and bring to justice all persons who may be + engaged therein. +</p> +<p> + And, pursuant to the act of Congress in such case made and provided, + I do furthermore authorize and empower Major-General George G. Meade, + commander of the Military Division of the Atlantic, to employ the land + and naval forces of the United States and the militia thereof to arrest + and prevent the setting on foot and carrying on the expedition and + enterprise aforesaid. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 6th day of June, A.D. 1866, and of + the Independence of the United States the ninetieth. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas a war is existing in the Republic of Mexico, aggravated by + foreign military intervention; and +</p> +<p> + Whereas the United States, in accordance with their settled habits and + policy, are a neutral power in regard to the war which thus afflicts the + Republic of Mexico; and +</p> +<p> + Whereas it has become known that one of the belligerents in the said + war, namely, the Prince Maximilian, who asserts himself to be Emperor in + Mexico, has issued a decree in regard to the port of Matamoras and other + Mexican ports which are in the occupation and possession of another of + the said belligerents, namely, the United States of Mexico, which decree + is in the following words: +</p> +<p class="q"> + The port of Matamoras and all those of the northern frontier which have + withdrawn from their obedience to the Government are closed to foreign + and coasting traffic during such time as the empire of the law shall not + be therein reinstated. +</p><p class="q"> + ART. 2. Merchandise proceeding from the said ports, on arriving at any + other where the excise of the Empire is collected, shall pay the duties + on importation, introduction, and consumption, and, on satisfactory + proof of contravention, shall be irremissibly confiscated. Our minister + of the treasury is charged with the punctual execution of this decree. +</p><p class="q"> + Given at Mexico, the 9th of July, 1866. +</p> +<p> + And whereas the decree thus recited, by declaring a belligerent blockade + unsupported by competent military or naval force, is in violation of the + neutral rights of the United States as defined by the law of nations as + well as of the treaties existing between the United States of America + and the aforesaid United States of Mexico: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States, do + hereby proclaim and declare that the aforesaid decree is held and will + be held by the United States to be absolutely null and void as against + the Government and citizens of the United States, and that any attempt + which shall be made to enforce the same against the Government or the + citizens of the United States will be disallowed. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 17th day of August, A.D. 1866, and + of the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by proclamations of the 15th and 19th of April, 1861, the + President of the United States, in virtue of the power vested in him + by the Constitution and the laws, declared that the laws of the United + States were opposed and the execution thereof obstructed in the States + of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, + and Texas by combinations too powerful to be suppressed by the ordinary + course of judicial proceedings, or by the powers vested in the marshals + by law; and +</p> +<p> + Whereas by another proclamation, made on the 16th day of August, in the + same year, in pursuance of an act of Congress approved July 13, 1861, + the inhabitants of the States of Georgia, South Carolina, Virginia, + North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, + Mississippi, and Florida (except the inhabitants of that part of the + State of Virginia lying west of the Alleghany Mountains, and except also + the inhabitants of such other parts of that State and the other States + before named as might maintain a loyal adhesion to the Union and the + Constitution or might be from time to time occupied and controlled by + forces of the United States engaged in the dispersion of insurgents) + were declared to be in a state of insurrection against the United + States; and +</p> +<p> + Whereas by another proclamation, of the 1st day of July, 1862, issued in + pursuance of an act of Congress approved June 7, in the same year, the + insurrection was declared to be still existing in the States aforesaid, + with the exception of certain specified counties in the State of + Virginia; and +</p> +<p> + Whereas by another proclamation, made on the 2d day of April, 1863, in + pursuance of the act of Congress of July 13, 1861, the exceptions named + in the proclamation of August 16, 1861, were revoked and the inhabitants + of the States of Georgia, South Carolina, North Carolina, Tennessee, + Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia + (except the forty-eight counties of Virginia designated as West Virginia + and the ports of New Orleans, Key West, Port Royal, and Beaufort, in + North Carolina) were declared to be still in a state of insurrection + against the United States; and +</p> +<p> + Whereas by another proclamation, of the 15th day of September, 1863, + made in pursuance of the act of Congress approved March 3, 1863, the + rebellion was declared to be still existing and the privilege of the + writ of <i>habeas corpus</i> was in certain specified cases suspended + throughout the United States, said suspension to continue throughout + the duration of the rebellion or until said proclamation should, by + a subsequent one to be issued by the President of the United States, + be modified or revoked; and +</p> +<p> + Whereas the House of Representatives, on the 22d day of July, 1861, + adopted a resolution in the words following, namely: +</p> +<p class="q"> + <i>Resolved by the House of Representatives of the Congress of the United + States</i>, That the present deplorable civil war has been forced upon + the country by the dis-unionists of the Southern States now in revolt + against the constitutional Government and in arms around the capital; + that in this national emergency Congress, banishing all feelings of + mere passion or resentment, will recollect only its duty to the whole + country; that this war is not waged upon our part in any spirit of + oppression, nor for any purpose of conquest or subjugation, nor + purpose of overthrowing or interfering with the rights or established + institutions of those States, but to defend and maintain the supremacy + of the Constitution and to preserve the Union, with all the dignity, + equality, and rights of the several States unimpaired; and that as + soon as these objects are accomplished the war ought to cease. +</p> +<p> + And whereas the Senate of the United States, on the 25th day of July, + 1861, adopted a resolution in the words following, to wit: +</p> +<p class="q"> + <i>Resolved</i>, That the present deplorable civil war has been forced upon + the country by the disunionists of the Southern States now in revolt + against the constitutional Government and in arms around the capital; + that in this national emergency Congress, banishing all feeling of + mere passion or resentment, will recollect only its duty to the whole + country; that this war is not prosecuted upon our part in any spirit + of oppression, nor for any purpose of conquest or subjugation, nor + purpose of overthrowing or interfering with the rights or established + institutions of those States, but to defend and maintain the supremacy + of the Constitution and all laws made in pursuance thereof and to + preserve the Union, with all the dignity, equality, and rights of + the several States unimpaired; that as soon as these objects are + accomplished the war ought to cease. +</p> +<p> + And whereas these resolutions, though not joint or concurrent in form, + are substantially identical, and as such have hitherto been and yet are + regarded as having expressed the sense of Congress upon the subject to + which they relate; and +</p> +<p> + Whereas the President of the United States, by proclamation of the 13th + of June, 1865, declared that the insurrection in the State of Tennessee + had been suppressed, and that the authority of the United States therein + was undisputed, and that such United States officers as had been duly + commissioned were in the undisturbed exercise of their official + functions; and +</p> +<p> + Whereas the President of the United States, by further proclamation, + issued on the 2d day of April, 1866, did promulgate and declare that + there no longer existed any armed resistance of misguided citizens or + others to the authority of the United States in any or in all the States + before mentioned, excepting only the State of Texas, and did further + promulgate and declare that the laws could be sustained and enforced in + the several States before mentioned, except Texas, by the proper civil + authorities, State or Federal, and that the people of the said States, + except Texas, are well and loyally disposed and have conformed or will + conform in their legislation to the condition of affairs growing out of + the amendment to the Constitution of the United States prohibiting + slavery within the limits and jurisdiction of the United States; +</p> +<p> + And did further declare in the same proclamation that it is the manifest + determination of the American people that no State, of its own will, has + a right or power to go out of, or separate itself from, or be separated + from, the American Union; and that, therefore, each State ought to + remain and constitute an integral part of the United States; +</p> +<p> + And did further declare in the same last-mentioned proclamation that + the several aforementioned States, excepting Texas, had in the manner + aforesaid given satisfactory evidence that they acquiesce in this + sovereign and important resolution of national unity; and +</p> +<p> + Whereas the President of the United States in the same proclamation did + further declare that it is believed to be a fundamental principle of + government that the people who have revolted and who have been overcome + and subdued must either be dealt with so as to induce them voluntarily + to become friends or else they must be held by absolute military power + or devastated so as to prevent them from ever again doing harm as + enemies, which last-named policy is abhorrent to humanity and to + freedom; and +</p> +<p> + Whereas the President did in the same proclamation further declare + that the Constitution of the United States provides for constituent + communities only as States, and not as Territories, dependencies, + provinces, or protectorates; +</p> +<p> + And further, that such constituent States must necessarily be, and by + the Constitution and laws of the United States are, made equals and + placed upon a like footing as to political rights, immunities, dignity, + and power with the several States with which they are united; +</p> +<p> + And did further declare that the observance of political equality, as + a principle of right and justice, is well calculated to encourage the + people of the before named States, except Texas, to be and to become + more and more constant and persevering in their renewed allegiance; and +</p> +<p> + Whereas the President did further declare that standing armies, + military occupation, martial law, military tribunals, and the suspension + of the writ of <i>habeas corpus</i> are in time of peace dangerous to public + liberty, incompatible with the individual rights of the citizen, + contrary to the genius and spirit of our free institutions, and + exhaustive of the national resources, and ought not, therefore, to be + sanctioned or allowed except in cases of actual necessity for repelling + invasion or suppressing insurrection or rebellion; +</p> +<p> + And the President did further, in the same proclamation, declare that + the policy of the Government of the United States from the beginning + of the insurrection to its overthrow and final suppression had been + conducted in conformity with the principles in the last-named + proclamation recited; and +</p> +<p> + Whereas the President, in the said proclamation of the 13th of June, + 1865, upon the grounds therein stated and hereinbefore recited, did then + and thereby proclaim and declare that the insurrection which heretofore + existed in the several States before named, except in Texas, was at an + end and was henceforth to be so regarded; and +</p> +<p> + Whereas subsequently to the said 2d day of April, 1866, the insurrection + in the State of Texas has been completely and everywhere suppressed and + ended and the authority of the United States has been successfully and + completely established in the said State of Texas and now remains + therein unresisted and undisputed, and such of the proper United States + officers as have been duly commissioned within the limits of the said + State are now in the undisturbed exercise of their official functions; + and +</p> +<p> + Whereas the laws can now be sustained and enforced in the said State of + Texas by the proper civil authority, State or Federal, and the people + of the said State of Texas, like the people of the other States before + named, are well and loyally disposed and have conformed or will conform + in their legislation to the condition of affairs growing out of the + amendment of the Constitution of the United States prohibiting slavery + within the limits and jurisdiction of the United States; and +</p> +<p> + Whereas all the reasons and conclusions set forth in regard to the + several States therein specially named now apply equally and in all + respects to the State of Texas, as well as to the other States which + had been involved in insurrection; and +</p> +<p> + Whereas adequate provision has been made by military orders to enforce + the execution of the acts of Congress, aid the civil authorities, and + secure obedience to the Constitution and laws of the United States + within the State of Texas if a resort to military force for such purpose + should at any time become necessary: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States, do + hereby proclaim and declare that the insurrection which heretofore + existed in the State of Texas is at an end and is to be henceforth so + regarded in that State as in the other States before named in which the + said insurrection was proclaimed to be at an end by the aforesaid + proclamation of the 2d day of April, 1866. +</p> +<p> + And I do further proclaim that the said insurrection is at an end and + that peace, order, tranquillity, and civil authority now exist in and + throughout the whole of the United States of America. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of August, A.D. 1866, and + of the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h3> + A PROCLAMATION. +</h3> +<p> + Almighty God, our Heavenly Father, has been pleased to vouchsafe to us + as a people another year of that national life which is an indispensable + condition of peace, security, and progress. That year has, moreover, + been crowned with many peculiar blessings. +</p> +<p> + The civil war that so recently closed among us has not been anywhere + reopened; foreign intervention has ceased to excite alarm or + apprehension; intrusive pestilence has been benignly mitigated; domestic + tranquillity has improved, sentiments of conciliation have largely + prevailed, and affections of loyalty and patriotism have been widely + renewed; our fields have yielded quite abundantly, our mining industry + has been richly rewarded, and we have been allowed to extend our + railroad system far into the interior recesses of the country, while + our commerce has resumed its customary activity in foreign seas. +</p> +<p> + These great national blessings demand a national acknowledgment. +</p> +<p> + Now, therefore, I, Andrew Johnson. President of the United States, do + hereby recommend that Thursday, the 29th day of November next, be set + apart and be observed everywhere in the several States and Territories + of the United States by the people thereof as a day of thanksgiving and + praise to Almighty God, with due remembrance that "in His temple doth + every man speak of His honor." I recommend also that on the same solemn + occasion they do humbly and devoutly implore Him to grant to our + national councils and to our whole people that divine wisdom which + alone can lead any nation into the ways of all good. +</p> +<p> + In offering these national thanksgivings, praises, and supplications we + have the divine assurance that "the Lord remaineth a king forever; them + that are meek shall He guide in judgment and such as are gentle shall He + learn His way; the Lord shall give strength to His people, and the Lord + shall give to His people the blessing of peace." +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 8th day of October, A.D. 1866, and + of the Independence of the United States the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + EXECUTIVE ORDERS. +</h2> +<center> + [From the Daily National Intelligencer, April 9, 1866.] +</center> +<p class="r"> + EXECUTIVE MANSION, <i>April 7, 1866</i>. +</p> +<p> + It is eminently right and proper that the Government of the United + States should give earnest and substantial evidence of its just + appreciation of the services of the patriotic men who when the life of + the nation was imperiled entered the Army and Navy to preserve the + integrity of the Union, defend the Government, and maintain and + perpetuate unimpaired its free institutions. +</p> +<p> + <i>It is therefore directed</i>— +</p> +<p> + First. That in appointments to office in the several Executive + Departments of the General Government and the various branches of + the public service connected with said Departments preference shall + be given to such meritorious and honorably discharged soldiers and + sailors—particularly those who have been disabled by wounds received + or diseases contracted in the line of duty—as may possess the proper + qualifications. +</p> +<p> + Second. That in all promotions in said Departments and the several + branches of the public service connected therewith such persons shall + have preference, when equally eligible and qualified, over those who + have not faithfully and honorably served in the land or naval forces + of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, April 13, 1866</i>. +</p> +<p> + On the 14th of April, 1865, great affliction was brought upon the + American people by the assassination of the lamented Abraham Lincoln, + then President of the United States. The undersigned is therefore + directed by the President to announce that in commemoration of that + event the public offices will be closed to-morrow, the 14th instant. +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 26. +</center> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE.<br> + <i>Washington, May 1, 1866</i>. +</p> +<center> + ORDER IN RELATION TO TRIALS BY MILITARY COURTS AND COMMISSIONS. +</center> +<p> + Whereas some military commanders are embarrassed by doubts as to the + operation of the proclamation of the President dated the 2d day of + April, 1866, upon trials by military courts-martial and military + officers; to remove such doubts— +</p> +<p> + <i>It is ordered by the President</i>, That hereafter, whenever offenses + committed by civilians are to be tried where civil tribunals are in + existence which can try them, their cases are not authorized to be, and + will not be, brought before military courts-martial or commissions, but + will be committed to the proper civil authorities. This order is not + applicable to camp followers, as provided for under the sixtieth article + of war, or to contractors and others specified in section 16, act of + July 17, 1862, and sections 1 and 2, act of March 2, 1863. Persons and + offenses cognizable by the Rules and Articles of War and by the acts of + Congress above cited will continue to be tried and punished by military + tribunals as prescribed by the Rules and Articles of War and acts of + Congress hereinafter cited, to wit: +</p> +<p> + [Sixtieth of the Rules and Articles of War.] +</p><p class="q"> + 60. All sutlers and retainers to the camp, and all persons whatsoever + serving with the armies of the United States in the field, though not + enlisted soldiers, are to be subject to orders, according to the rules + and discipline of war. +</p> +<p> + [Extract from "An act to define the pay and emoluments of certain + officers of the Army, and for other purposes," approved July 17, 1862.] +</p><p class="q"> + SEC. 16. <i>And be it further enacted</i>, That whenever any contractor for + subsistence, clothing, arms, ammunition, munitions of war, and for every + description of supplies for the Army or Navy of the United States, shall + be found guilty by a court-martial of fraud or willful neglect of duty, + he shall be punished by fine, imprisonment, or such other punishment as + the court-martial shall adjudge; and any person who shall contract to + furnish supplies of any kind or description for the Army or Navy, <i>he</i> + shall be deemed and taken as a part of the land or naval forces of the + United States for which he shall contract to furnish said supplies, and + be subject to the rules and regulations for the government of the land + and naval forces of the United States. +</p> +<p> + [Extract from "An act to prevent and punish frauds upon the Government + of the United States," approved March 2, 1863.] +</p><p class="q"> + <i>Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That any person in the land or + naval forces of the United States, or in the militia in actual service + of the United States in time of war, who shall make or cause to be made, + or present or cause to be presented for payment or approval to or by any + person or officer in the civil or military service of the United States, + any claim upon or against the Government of the United States, or + any department or officer thereof, knowing such claim to be false, + fictitious, or fraudulent; any person in such forces or service who + shall, for the purpose of obtaining or aiding in obtaining the approval + or payment of such claim, make, use, or cause to be made or used, any + false bill, receipt, voucher, entry, roll, account, claim, statement, + certificate, affidavit, or deposition, knowing the same to contain any + false or fraudulent statement or entry; any person in said forces or + service who shall make or procure to be made, or knowingly advise the + making of, any false oath to any fact, statement, or certificate, + voucher or entry, for the purpose of obtaining or of aiding to obtain + any approval or payment of any claim against the United States, or any + department or officer thereof; any person in said forces or service who, + for the purpose of obtaining or enabling any other person to obtain + from the Government of the United States, or any department or officer + thereof, any payment or allowance, or the approval or signature of any + person in the military, naval, or civil service of the United States + of or to any false, fraudulent, or fictitious claim, shall forge or + counterfeit, or cause or procure to be forged or counterfeited, any + signature upon any bill, receipt, voucher, account, claim, roll, + statement, affidavit, or deposition; and any person in said forces or + service who shall utter or use the same as true or genuine, knowing the + same to have been forged or counterfeited; any person in said forces or + service who shall enter into any agreement, combination, or conspiracy + to cheat or defraud the Government of the United States, or any + department or officer thereof, by obtaining or aiding and assisting to + obtain the payment or allowance of any false or fraudulent claim; any + person in said forces or service who shall steal, embezzle, or knowingly + and willfully misappropriate or apply to his own use or benefit, or who + shall wrongfully and knowingly sell, convey, or dispose of any ordnance, + arms, ammunition, clothing, subsistence stores, money, or other property + of the United States, furnished or to be used for the military or naval + service of the United States; any contractor, agent, paymaster, + quartermaster, or other person whatsoever in said forces or service + having charge, possession, custody, or control of any money or other + public property used or to be used in the military or naval service of + the United States, who shall, with intent to defraud the United States, + or willfully to conceal such money or other property, deliver or cause + to be delivered to any other person having authority to receive the same + any amount of such money or other public property less than that for + which he shall receive a certificate or receipt; any person in said + forces or service who is or shall be authorized to make or deliver any + certificate, voucher, or receipt, or other paper certifying the receipt + of arms, ammunition, provisions, clothing, or other public property so + used or to be used, who shall make or deliver the same to any person + without having full knowledge of the truth of the facts stated therein, + and with intent to cheat, defraud, or injure the United States; any + person in said forces or service who shall knowingly purchase or + receive, in pledge for any obligation or indebtedness, from any soldier, + officer, or other person called into or employed in said forces or + service, any arms, equipments, ammunition, clothes, or military stores, + or other public property, such soldier, officer, or other person not + having the lawful right to pledge or sell the same, shall be deemed + guilty of a criminal offense, and shall be subject to the rules and + regulations made for the government of the military and naval forces of + the United States, and of the militia when called into and employed in + the actual service of the United States in time of war, and to the + provisions of this act. And every person so offending may be arrested + and held for trial by a court-martial, and if found guilty shall be + punished by fine and imprisonment, or such other punishment as the + court-martial may adjudge, save the punishment of death. +</p><p class="q"> + SEC. 2. <i>And be it further enacted</i>, That any person heretofore called + or hereafter to be called into or employed in such forces or service who + shall commit any violation of this act, and shall afterwards receive his + discharge or be dismissed from the service, shall, notwithstanding such + discharge or dismissal, continue to be liable to be arrested and held + for trial and sentence by a court-martial in the same manner and to the + same extent as if he had not received such discharge or been dismissed. +</p> +<hr> +<p> + By order of the Secretary of War: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>May 29, 1866</i>. +</p> +<p> + The President with profound sorrow announces to the people of the United + States the death of Winfield Scott, the late Lieutenant-General of the + Army. On the day which may be appointed for his funeral the several + Executive Departments of the Government will be closed. +</p> +<p> + The heads of the War and Navy Departments will respectively give orders + for paying appropriate honors to the memory of the deceased. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + [From the Daily National Intelligencer, June 6, 1866.] +</center> +<p class="r"> + ATTORNEY-GENERAL'S OFFICE,<br> + <i>Washington, D.C., June 5, 1866</i>. +</p> +<p> + By direction of the President, you<a href="#note-7"><small>7</small></a> are hereby instructed to cause + the arrest of all prominent, leading, or conspicuous persons called + "Fenians" who you may have probable cause to believe have been or may + be guilty of violations of the neutrality laws of the United States. +</p> +<p class="r"> + JAMES SPEED, +<br> + <i>Attorney-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 18, 1866</i>. +</p> +<p> + The President directs the undersigned to perform the painful duty + of announcing to the people of the United States that Lewis Cass, + distinguished not more by faithful service in varied public trusts than + by exalted patriotism at a recent period of political disorder, departed + this life at 4 o'clock yesterday morning. The several Executive + Departments of the Government will cause appropriate honors to be + rendered to the memory of the deceased at home and abroad wherever the + national name and authority are acknowledged. +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., October 26, 1866</i>. +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: Recent advices indicate an early evacuation of Mexico by the French + expeditionary forces and that the time has arrived when our minister to + Mexico should place himself in communication with that Republic. +</p> +<p> + In furtherance of the objects of his mission and as evidence of the + earnest desire felt by the United States for the proper adjustment of + the questions involved, I deem it of great importance that General Grant + should by his presence and advice cooperate with our minister. +</p> +<p> + I have therefore to ask that you will request General Grant to proceed + to some point on our Mexican frontier most suitable and convenient for + communication with our minister, or (if General Grant deems it best) to + accompany him to his destination in Mexico, and to give him the aid of + his advice in carrying out the instructions of the Secretary of State, + a copy of which is herewith sent for the General's information. +</p> +<p> + General Grant will make report to the Secretary of War of such matters + as, in his discretion, ought to be communicated to the Department. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., October 30, 1866</i>. +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: General Ulysses S. Grant having found it inconvenient to assume + the duties specified in my letter to you of the 26th instant, you will + please relieve him from the same and assign them in all respects to + William T. Sherman, Lieutenant-General of the Army of the United States. + By way of guiding General Sherman in the performance of his duties, you + will furnish him with a copy of your special orders to General Grant, + made in compliance with my letter of the 26th instant, together with a + copy of the instructions of the Secretary of State to Lewis D. Campbell, + esq., therein mentioned. The Lieutenant-General will proceed to the + execution of his duties without delay. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., November 1, 1866</i>. +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: In the report of General Grant of the 27th ultimo, inclosed in your + communication of that date, reference is made to the force at present + stationed in the Military Department of Washington (which embraces the + District of Columbia, the counties of Alexander and Fairfax, Va., and + the States of Maryland and Delaware), and it is stated that the entire + number of troops comprised in the command is 2,224, of which only 1,550 + are enumerated as "effective." In view of the prevalence in various + portions of the country of a revolutionary and turbulent disposition, + which might at any moment assume insurrectionary proportions and lead to + serious disorders, and of the duty of the Government to be at all times + prepared to act with decision and effect, this force is not deemed + adequate for the protection and security of the seat of Government. +</p> +<p> + I therefore request that you will at once take such measures as will + insure its safety, and thus discourage any attempt for its possession + by insurgent or other illegal combinations. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., November 2, 1866</i>. +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: There is ground to apprehend danger of an insurrection in Baltimore + against the constituted authorities of the State of Maryland on or about + the day of the election soon to be held in that city, and that in such + contingency the aid of the United States might be invoked under the acts + of Congress which pertain to that subject. While I am averse to any + military demonstration that would have a tendency to interfere with the + free exercise of the elective franchise in Baltimore or be construed + into any interference in local questions, I feel great solicitude that + should an insurrection take place the Government should be prepared to + meet and promptly put it down. I accordingly desire you to call General + Grant's attention to the subject, leaving to his own discretion and + judgment the measures of preparation and precaution that should be + adopted. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SECOND ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 3, 1866</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + After a brief interval the Congress of the United States resumes its + annual legislative labors. An all-wise and merciful Providence has + abated the pestilence which visited our shores, leaving its calamitous + traces upon some portions of our country. Peace, order, tranquillity, + and civil authority have been formally declared to exist throughout the + whole of the United States. In all of the States civil authority has + superseded the coercion of arms, and the people, by their voluntary + action, are maintaining their governments in full activity and complete + operation. The enforcement of the laws is no longer "obstructed in any + State by combinations too powerful to be suppressed by the ordinary + course of judicial proceedings," and the animosities engendered by the + war are rapidly yielding to the beneficent influences of our free + institutions and to the kindly effects of unrestricted social and + commercial intercourse. An entire restoration of fraternal feeling + must be the earnest wish of every patriotic heart; and we will have + accomplished our grandest national achievement when, forgetting the sad + events of the past and remembering only their instructive lessons, we + resume our onward career as a free, prosperous, and united people. +</p> +<p> + In my message of the 4th of December, 1865, Congress was informed of the + measures which had been instituted by the Executive with a view to the + gradual restoration of the States in which the insurrection occurred to + their relations with the General Government. Provisional governors had + been appointed, conventions called, governors elected, legislatures + assembled, and Senators and Representatives chosen to the Congress + of the United States. Courts had been opened for the enforcement of + laws long in abeyance. The blockade had been removed, custom-houses + reestablished, and the internal-revenue laws put in force, in order that + the people might contribute to the national income. Postal operations + had been renewed, and efforts were being made to restore them to their + former condition of efficiency. The States themselves had been asked to + take part in the high function of amending the Constitution, and of thus + sanctioning the extinction of African slavery as one of the legitimate + results of our internecine struggle. +</p> +<p> + Having progressed thus far, the executive department found that it had + accomplished nearly all that was within the scope of its constitutional + authority. One thing, however, yet remained to be done before the work + of restoration could be completed, and that was the admission to + Congress of loyal Senators and Representatives from the States whose + people had rebelled against the lawful authority of the General + Government. This question devolved upon the respective Houses, which + by the Constitution are made the judges of the elections, returns, and + qualifications of their own members, and its consideration at once + engaged the attention of Congress. +</p> +<p> + In the meantime the executive department—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. +</p> +<p> + I deem it a subject of profound regret that Congress has thus far + failed to admit to seats loyal Senators and Representatives from the + other States whose inhabitants, with those of Tennessee, had engaged + in the rebellion. Ten States—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. +</p> +<p> + It is true it has been assumed that the existence of the States was + terminated by the rebellious acts of their inhabitants, and that, the + insurrection having been suppressed, they were thenceforward to be + considered merely as conquered territories. The legislative, executive, + and judicial departments of the Government have, however, with great + distinctness and uniform consistency, refused to sanction an assumption + so incompatible with the nature of our republican system and with the + professed objects of the war. Throughout the recent legislation of + Congress the undeniable fact makes itself apparent that these ten + political communities are nothing less than States of this Union. At the + very commencement of the rebellion each House declared, with a unanimity + as remarkable as it was significant, that the war was not "waged upon + our part in any spirit of oppression, nor for any purpose of conquest or + subjugation, nor purpose of overthrowing or interfering with the rights + or established institutions of those States, but to defend and maintain + the supremacy of the Constitution and all laws made in pursuance + thereof, and to preserve the Union, with all the dignity, equality, + and rights of the several States unimpaired; and that as soon as these + objects" were "accomplished the war ought to cease." In some instances + Senators were permitted to continue their legislative functions, while + in other instances Representatives were elected and admitted to seats + after their States had formally declared their right to withdraw from + the Union and were endeavoring to maintain that right by force of arms. + All of the States whose people were in insurrection, as States, were + included in the apportionment of the direct tax of $20,000,000 annually + laid upon the United States by the act approved 5th August, 1861. + Congress, by the act of March 4, 1862, and by the apportionment of + representation thereunder also recognized their presence as States in + the Union; and they have, for judicial purposes, been divided into + districts, as States alone can be divided. The same recognition appears + in the recent legislation in reference to Tennessee, which evidently + rests upon the fact that the functions of the State were not destroyed + by the rebellion, but merely suspended; and that principle is of course + applicable to those States which, like Tennessee, attempted to renounce + their places in the Union. +</p> +<p> + The action of the executive department of the Government upon this + subject has been equally definite and uniform, and the purpose of the + war was specifically stated in the proclamation issued by my predecessor + on the 22d day of September, 1862. It was then solemnly proclaimed and + declared "that hereafter, as heretofore, the war will be prosecuted for + the object of practically restoring the constitutional relation between + the United States and each of the States and the people thereof in which + States that relation is or may be suspended or disturbed." +</p> +<p> + The recognition of the States by the judicial department of the + Government has also been clear and conclusive in all proceedings + affecting them as States had in the Supreme, circuit, and district + courts. +</p> +<p> + In the admission of Senators and Representatives from any and all of the + States there can be no just ground of apprehension that persons who are + disloyal will be clothed with the powers of legislation, for this could + not happen when the Constitution and the laws are enforced by a vigilant + and faithful Congress. Each House is made the "judge of the elections, + returns, and qualifications of its own members," and may, "with the + concurrence of two-thirds, expel a member." When a Senator or + Representative presents his certificate of election, he may at once + be admitted or rejected; or, should there be any question as to his + eligibility, his credentials may be referred for investigation to the + appropriate committee. If admitted to a seat, it must be upon evidence + satisfactory to the House of which he thus becomes a member that + he possesses the requisite constitutional and legal qualifications. + If refused admission as a member for want of due allegiance to the + Government and returned to his constituents, they are admonished that + none but persons loyal to the United States will be allowed a voice + in the legislative councils of the nation, and the political power + and moral influence of Congress are thus effectively exerted in the + interests of loyalty to the Government and fidelity to the Union. Upon + this question, so vitally affecting the restoration of the Union and the + permanency of our present form of government, my convictions, heretofore + expressed, have undergone no change, but, on the contrary, their + correctness has been confirmed by reflection and time. If the admission + of loyal members to seats in the respective Houses of Congress was wise + and expedient a year ago, it is no less wise and expedient now. If this + anomalous condition is right now—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. +</p> +<p> + The Constitution of the United States makes it the duty of the President + to recommend to the consideration of Congress "such measures as he shall + judge necessary and expedient." I know of no measure more imperatively + demanded by every consideration of national interest, sound policy, + and equal justice than the admission of loyal members from the now + unrepresented States. This would consummate the work of restoration + and exert a most salutary influence in the reestablishment of peace, + harmony, and fraternal feeling. It would tend greatly to renew the + confidence of the American people in the vigor and stability of their + institutions. It would bind us more closely together as a nation and + enable us to show to the world the inherent and recuperative power of a + government founded upon the will of the people and established upon the + principles of liberty, justice, and intelligence. Our increased strength + and enhanced prosperity would irrefragably demonstrate the fallacy of + the arguments against free institutions drawn from our recent national + disorders by the enemies of republican government. The admission of + loyal members from the States now excluded from Congress, by allaying + doubt and apprehension, would turn capital now awaiting an opportunity + for investment into the channels of trade and industry. It would + alleviate the present troubled condition of those States, and by + inducing emigration aid in the settlement of fertile regions now + uncultivated and lead to an increased production of those staples which + have added so greatly to the wealth of the nation and commerce of the + world. New fields of enterprise would be opened to our progressive + people, and soon the devastations of war would be repaired and all + traces of our domestic differences effaced from the minds of our + countrymen. +</p> +<p> + In our efforts to preserve "the unity of government which constitutes + us one people" by restoring the States to the condition which they held + prior to the rebellion, we should be cautious, lest, having rescued + our nation from perils of threatened disintegration, we resort to + consolidation, and in the end absolute despotism, as a remedy for the + recurrence of similar troubles. The war having terminated, and with it + all occasion for the exercise of powers of doubtful constitutionality, + we should hasten to bring legislation within the boundaries prescribed + by the Constitution and to return to the ancient landmarks established + by our fathers for the guidance of succeeding generations. +</p> +<p class="q"> + The constitution which at any time exists till changed by an explicit + and authentic act of the whole people is sacredly obligatory upon all. + * * * If in the opinion of the people the distribution or modification + of the constitutional powers be in any particular wrong, let it be + corrected by an amendment in the way which the Constitution designates; + but let there be no change by usurpation, for * * * it is the customary + weapon by which free governments are destroyed. +</p> +<p> + Washington spoke these words to his countrymen when, followed by their + love and gratitude, he voluntarily retired from the cares of public + life. "To keep in all things within the pale of our constitutional + powers and cherish the Federal Union as the only rock of safety" were + prescribed by Jefferson as rules of action to endear to his "countrymen + the true principles of their Constitution and promote a union of + sentiment and action, equally auspicious to their happiness and safety." + Jackson held that the action of the General Government should always be + strictly confined to the sphere of its appropriate duties, and justly + and forcibly urged that our Government is not to be maintained nor our + Union preserved "by invasions of the rights and powers of the several + States. In thus attempting to make our General Government strong we make + it weak. Its true strength consists in leaving individuals and States as + much as possible to themselves; in making itself felt, not in its power, + but in its beneficence; not in its control, but in its protection; not + in binding the States more closely to the center, but leaving each to + move unobstructed in its proper constitutional orbit." These are the + teachings of men whose deeds and services have made them illustrious, + and who, long since withdrawn from the scenes of life, have left to + their country the rich legacy of their example, their wisdom, and their + patriotism. Drawing fresh inspiration from their lessons, let us emulate + them in love of country and respect for the Constitution and the laws. +</p> +<p> + The report of the Secretary of the Treasury affords much information + respecting the revenue and commerce of the country. His views upon + the currency and with reference to a proper adjustment of our revenue + system, internal as well as impost, are commended to the careful + consideration of Congress. In my last annual message I expressed my + general views upon these subjects. I need now only call attention to the + necessity of carrying into every department of the Government a system + of rigid accountability, thorough retrenchment, and wise economy. + With no exceptional nor unusual expenditures, the oppressive burdens of + taxation can be lessened by such a modification of our revenue laws as + will be consistent with the public faith and the legitimate and + necessary wants of the Government. +</p> +<p> + The report presents a much more satisfactory condition of our finances + than one year ago the most sanguine could have anticipated. During the + fiscal year ending the 30th June, 1865 (the last year of the war), the + public debt was increased $941,902,537, and on the 31st of October, + 1865, it amounted to $2,740,854,750. On the 31st day of October, 1866, + it had been reduced to $2,551,310,006, the diminution during a period of + fourteen months, commencing September 1, 1865, and ending October 31, + 1866, having been $206,379,565. In the last annual report on the state + of the finances it was estimated that during the three quarters of the + fiscal year ending the 30th of June last the debt would be increased + $112,194,947. During that period, however, it was reduced $31,196,387, + the receipts of the year having been $89,905,905 more and the + expenditures $200,529,235 less than the estimates. Nothing could more + clearly indicate than these statements the extent and availability of + the national resources and the rapidity and safety with which, under + our form of government, great military and naval establishments can be + disbanded and expenses reduced from a war to a peace footing. +</p> +<p> + During the fiscal year ending June 30, 1866, the receipts were + $558,032,620 and the expenditures $520,750,940, leaving an available + surplus of $37,281,680. It is estimated that the receipts for the fiscal + year ending the 30th June, 1867, will be $475,061,386, and that the + expenditures will reach the sum of $316,428,078, leaving in the Treasury + a surplus of $158,633,308. For the fiscal year ending June 30, 1886, it + is estimated that the receipts will amount to $436,000,000 and that the + expenditures will be $350,247,641, showing an excess of $85,752,359 in + favor of the Government. These estimated receipts may be diminished + by a reduction of excise and import duties, but after all necessary + reductions shall have been made the revenue of the present and of + following years will doubtless be sufficient to cover all legitimate + charges upon the Treasury and leave a large annual surplus to be applied + to the payment of the principal of the debt. There seems now to be no + good reason why taxes may not be reduced as the country advances in + population and wealth, and yet the debt be extinguished within the + next quarter of a century. +</p> +<p> + The report of the Secretary of War furnishes valuable and important + information in reference to the operations of his Department during the + past year. Few volunteers now remain in the service, and they are being + discharged as rapidly as they can be replaced by regular troops. The + Army has been promptly paid, carefully provided with medical treatment, + well sheltered and subsisted, and is to be furnished with breech-loading + small arms. The military strength of the nation has been unimpaired + by the discharge of volunteers, the disposition of unserviceable or + perishable stores, and the retrenchment of expenditure. Sufficient war + material to meet any emergency has been retained, and from the disbanded + volunteers standing ready to respond to the national call large armies + can be rapidly organized, equipped, and concentrated. Fortifications on + the coast and frontier have received or are being prepared for more + powerful armaments; lake surveys and harbor and river improvements are + in course of energetic prosecution. Preparations have been made for the + payment of the additional bounties authorized during the recent session + of Congress, under such regulations as will protect the Government from + fraud and secure to the honorably discharged soldier the well-earned + reward of his faithfulness and gallantry. More than 6,000 maimed + soldiers have received artificial limbs or other surgical apparatus, + and 41 national cemeteries, containing the remains of 104,526 Union + soldiers, have already been established. The total estimate of military + appropriations is $25,205,669. +</p> +<p> + It is stated in the report of the Secretary of the Navy that the naval + force at this time consists of 278 vessels, armed with 2,351 guns. Of + these, 115 vessels, carrying 1,029 guns, are in commission, distributed + chiefly among seven squadrons. The number of men in the service is + 13,600. Great activity and vigilance have been displayed by all the + squadrons, and their movements have been judiciously and efficiently + arranged in such manner as would best promote American commerce and + protect the rights and interests of our countrymen abroad. The vessels + unemployed are undergoing repairs or are laid up until their services + may be required. Most of the ironclad fleet is at League Island, in the + vicinity of Philadelphia, a place which, until decisive action should be + taken by Congress, was selected by the Secretary of the Navy as the most + eligible location for that class of vessels. It is important that a + suitable public station should be provided for the ironclad fleet. + It is intended that these vessels shall be in proper condition for any + emergency, and it is desirable that the bill accepting League Island for + naval purposes, which passed the House of Representatives at its last + session, should receive final action at an early period, in order that + there may be a suitable public station for this class of vessels, as + well as a navy-yard of area sufficient for the wants of the service + on the Delaware River. The naval pension fund amounts to $11,750,000, + having been increased $2,750,000 during the year. The expenditures + of the Department for the fiscal year ending 30th June last were + $43,324,526, and the estimates for the coming year amount to + $23,568,436. Attention is invited to the condition of our seamen and the + importance of legislative measures for their relief and improvement. The + suggestions in behalf of this deserving class of our fellow-citizens are + earnestly recommended to the favorable attention of Congress. +</p> +<p> + The report of the Postmaster-General presents a most satisfactory + condition of the postal service and submits recommendations which + deserve the consideration of Congress. The revenues of the Department + for the year ending June 30, 1866, were $14,386,986 and the expenditures + $15,352,079, showing an excess of the latter of $965,093. In + anticipation of this deficiency, however, a special appropriation was + made by Congress in the act approved July 28, 1866. Including the + standing appropriation of $700,000 for free mail matter as a legitimate + portion of the revenues, yet remaining unexpended, the actual deficiency + for the past year is only $265,093—a sum within $51,141 of the amount + estimated in the annual report of 1864. The decrease of revenue compared + with the previous year was 1-1/5 per cent, and the increase of + expenditures, owing principally to the enlargement of the mail service + in the South, was 12 per cent. On the 30th of June last there were in + operation 6,930 mail routes, with an aggregate length of 180,921 miles, + an aggregate annual transportation of 71,837,914 miles, and an aggregate + annual cost, including all expenditures, of $8,410,184. The length of + railroad routes is 32,092 miles and the annual transportation 30,609,467 + miles. The length of steamboat routes is 14,346 miles and the annual + transportation 3,411,962 miles. The mail service is rapidly increasing + throughout the whole country, and its steady extension in the Southern + States indicates their constantly improving condition. The growing + importance of the foreign service also merits attention. The post-office + department of Great Britain and our own have agreed upon a preliminary + basis for a new postal convention, which it is believed will prove + eminently beneficial to the commercial interests of the United States, + inasmuch as it contemplates a reduction of the international letter + postage to one-half the existing rates; a reduction of postage with + all other countries to and from which correspondence is transmitted + in the British mail, or in closed mails through the United Kingdom; + the establishment of uniform and reasonable charges for the sea + and territorial transit of correspondence in closed mails; and an + allowance to each post-office department of the right to use all mail + communications established under the authority of the other for the + dispatch of correspondence, either in open or closed mails, on the same + terms as those applicable to the inhabitants of the country providing + the means of transmission. +</p> +<p> + The report of the Secretary of the Interior exhibits the condition + of those branches of the public service which are committed to his + supervision. During the last fiscal year 4,629,312 acres of public + land were disposed of, 1,892,516 acres of which were entered under the + homestead act. The policy originally adopted relative to the public + lands has undergone essential modifications. Immediate revenue, and not + their rapid settlement, was the cardinal feature of our land system. + Long experience and earnest discussion have resulted in the conviction + that the early development of our agricultural resources and the + diffusion of an energetic population over our vast territory are objects + of far greater importance to the national growth and prosperity than the + proceeds of the sale of the land to the highest bidder in open market. + The preemption laws confer upon the pioneer who complies with the terms + they impose the privilege of purchasing a limited portion of "unoffered + lands" at the minimum price. The homestead enactments relieve the + settler from the payment of purchase money, and secure him a permanent + home upon the condition of residence for a term of years. This liberal + policy invites emigration from the Old and from the more crowded + portions of the New World. Its propitious results are undoubted, and + will be more signally manifested when time shall have given to it a + wider development. +</p> +<p> + Congress has made liberal grants of public land to corporations in + aid of the construction of railroads and other internal improvements. + Should this policy hereafter prevail, more stringent provisions will + be required to secure a faithful application of the fund. The title to + the lands should not pass, by patent or otherwise, but remain in the + Government and subject to its control until some portion of the road has + been actually built. Portions of them might then from time to time be + conveyed to the corporation, but never in a greater ratio to the whole + quantity embraced by the grant than the completed parts bear to the + entire length of the projected improvement. This restriction would not + operate to the prejudice of any undertaking conceived in good faith + and executed with reasonable energy, as it is the settled practice to + withdraw from market the lands falling within the operation of such + grants, and thus to exclude the inception of a subsequent adverse right. + A breach of the conditions which Congress may deem proper to impose + should work a forfeiture of claim to the lands so withdrawn but + unconveyed, and of title to the lands conveyed which remain unsold. +</p> +<p> + Operations on the several lines of the Pacific Railroad have been + prosecuted with unexampled vigor and success. Should no unforeseen + causes of delay occur, it is confidently anticipated that this great + thoroughfare will be completed before the expiration of the period + designated by Congress. +</p> +<p> + During the last fiscal year the amount paid to pensioners, including the + expenses of disbursement, was $13,459,996, and 50,177 names were added + to the pension rolls. The entire number of pensioners June 30, 1866, + was 126,722. This fact furnishes melancholy and striking proof of + the sacrifices made to vindicate the constitutional authority of the + Federal Government and to maintain inviolate the integrity of the Union. + They impose upon us corresponding obligations. It is estimated that + $33,000,000 will be required to meet the exigencies of this branch of + the service during the next fiscal year. +</p> +<p> + Treaties have been concluded with the Indians, who, enticed into armed + opposition to our Government at the outbreak of the rebellion, have + unconditionally submitted to our authority and manifested an earnest + desire for a renewal of friendly relations. +</p> +<p> + During the year ending September 30, 1866, 8,716 patents for useful + inventions and designs were issued, and at that date the balance in + the Treasury to the credit of the patent fund was $228,297. +</p> +<p> + As a subject upon which depends an immense amount of the production and + commerce of the country, I recommend to Congress such legislation as + may be necessary for the preservation of the levees of the Mississippi + River. It is a matter of national importance that early steps should + be taken, not only to add to the efficiency of these barriers against + destructive inundations, but for the removal of all obstructions to the + free and safe navigation of that great channel of trade and commerce. +</p> +<p> + The District of Columbia under existing laws is not entitled to that + representation in the national councils which from our earliest history + has been uniformly accorded to each Territory established from time to + time within our limits. It maintains peculiar relations to Congress, to + whom the Constitution has granted the power of exercising exclusive + legislation over the seat of Government. Our fellow-citizens residing + in the District, whose interests are thus confided to the special + guardianship of Congress, exceed in number the population of several of + our Territories, and no just reason is perceived why a Delegate of their + choice should not be admitted to a seat in the House of Representatives. + No mode seems so appropriate and effectual of enabling them to make + known their peculiar condition and wants and of securing the local + legislation adapted to them. I therefore recommend the passage of a + law authorizing the electors of the District of Columbia to choose a + Delegate, to be allowed the same rights and privileges as a Delegate + representing a Territory. The increasing enterprise and rapid progress + of improvement in the District are highly gratifying, and I trust that + the efforts of the municipal authorities to promote the prosperity of + the national metropolis will receive the efficient and generous + cooperation of Congress. +</p> +<p> + The report of the Commissioner of Agriculture reviews the operations of + his Department during the past year, and asks the aid of Congress in + its efforts to encourage those States which, scourged by war, are now + earnestly engaged in the reorganization of domestic industry. +</p> +<p> + It is a subject of congratulation that no foreign combinations + against our domestic peace and safety or our legitimate influence + among the nations have been formed or attempted. While sentiments of + reconciliation, loyalty, and patriotism have increased at home, a more + just consideration of our national character and rights has been + manifested by foreign nations. +</p> +<p> + The entire success of the Atlantic telegraph between the coast of + Ireland and the Province of Newfoundland is an achievement which has + been justly celebrated in both hemispheres as the opening of an era in + the progress of civilization. There is reason to expect that equal + success will attend and even greater results follow the enterprise for + connecting the two continents through the Pacific Ocean by the projected + line of telegraph between Kamchatka and the Russian possessions in + America. +</p> +<p> + The resolution of Congress protesting against pardons by foreign + governments of persons convicted of infamous offenses on condition of + emigration to our country has been communicated to the states with which + we maintain intercourse, and the practice, so justly the subject of + complaint on our part, has not been renewed. +</p> +<p> + The congratulations of Congress to the Emperor of Russia upon his escape + from attempted assassination have been presented to that humane and + enlightened ruler and received by him with expressions of grateful + appreciation. +</p> +<p> + The Executive, warned of an attempt by Spanish American adventurers to + induce the emigration of freedmen of the United States to a foreign + country, protested against the project as one which, if consummated, + would reduce them to a bondage even more oppressive than that from + which they have just been relieved. Assurance has been received from + the Government of the State in which the plan was matured that the + proceeding will meet neither its encouragement nor approval. It is + a question worthy of your consideration whether our laws upon this + subject are adequate to the prevention or punishment of the crime + thus meditated. +</p> +<p> + In the month of April last, as Congress is aware, a friendly + arrangement was made between the Emperor of France and the President + of the United States for the withdrawal from Mexico of the French + expeditionary military forces. This withdrawal was to be effected in + three detachments, the first of which, it was understood, would leave + Mexico in November, now past, the second in March next, and the third + and last in November, 1867. Immediately upon the completion of the + evacuation the French Government was to assume the same attitude of + nonintervention in regard to Mexico as is held by the Government of the + United States. Repeated assurances have been given by the Emperor since + that agreement that he would complete the promised evacuation within + the period mentioned, or sooner. +</p> +<p> + It was reasonably expected that the proceedings thus contemplated would + produce a crisis of great political interest in the Republic of Mexico. + The newly appointed minister of the United States, Mr. Campbell, was + therefore sent forward on the 9th day of November last to assume his + proper functions as minister plenipotentiary of the United States to + that Republic. It was also thought expedient that he should be attended + in the vicinity of Mexico by the Lieutenant-General of the Army of the + United States, with the view of obtaining such information as might be + important to determine the course to be pursued by the United States in + reestablishing and maintaining necessary and proper intercourse with the + Republic of Mexico. Deeply interested in the cause of liberty and + humanity, it seemed an obvious duty on our part to exercise whatever + influence we possessed for the restoration and permanent establishment + in that country of a domestic and republican form of government. +</p> +<p> + Such was the condition of our affairs in regard to Mexico when, on the + 22d of November last, official information was received from Paris that + the Emperor of France had some time before decided not to withdraw a + detachment of his forces in the month of November past, according to + engagement, but that this decision was made with the purpose of + withdrawing the whole of those forces in the ensuing spring. Of this + determination, however, the United States had not received any notice + or intimation, and so soon as the information was received by the + Government care was taken to make known its dissent to the Emperor of + France. +</p> +<p> + I can not forego the hope that France will reconsider the subject and + adopt some resolution in regard to the evacuation of Mexico which will + conform as nearly as practicable with the existing engagement, and thus + meet the just expectations of the United States. The papers relating + to the subject will be laid before you. It is believed that with the + evacuation of Mexico by the expeditionary forces no subject for serious + differences between France and the United States would remain. The + expressions of the Emperor and people of France warrant a hope that the + traditionary friendship between the two countries might in that case be + renewed and permanently restored. +</p> +<p> + A claim of a citizen of the United States for indemnity for spoliations + committed on the high seas by the French authorities in the exercise of + a belligerent power against Mexico has been met by the Government of + France with a proposition to defer settlement until a mutual convention + for the adjustment of all claims of citizens and subjects of both + countries arising out of the recent wars on this continent shall + be agreed upon by the two countries. The suggestion is not deemed + unreasonable, but it belongs to Congress to direct the manner in which + claims for indemnity by foreigners as well as by citizens of the United + States arising out of the late civil war shall be adjudicated and + determined. I have no doubt that the subject of all such claims will + engage your attention at a convenient and proper time. +</p> +<p> + It is a matter of regret that no considerable advance has been made + toward an adjustment of the differences between the United States and + Great Britain arising out of the depredations upon our national commerce + and other trespasses committed during our civil war by British subjects, + in violation of international law and treaty obligations. The delay, + however, may be believed to have resulted in no small degree from the + domestic situation of Great Britain. An entire change of ministry + occurred in that country during the last session of Parliament. The + attention of the new ministry was called to the subject at an early day, + and there is some reason to expect that it will now be considered in a + becoming and friendly spirit. The importance of an early disposition of + the question can not be exaggerated. Whatever might be the wishes of the + two Governments, it is manifest that good will and friendship between + the two countries can not be established until a reciprocity in the + practice of good faith and neutrality shall be restored between the + respective nations. +</p> +<p> + On the 6th of June last, in violation of our neutrality laws, a military + expedition and enterprise against the British North American colonies + was projected and attempted to be carried on within the territory and + jurisdiction of the United States. In obedience to the obligation + imposed upon the Executive by the Constitution to see that the laws are + faithfully executed, all citizens were warned by proclamation against + taking part in or aiding such unlawful proceedings, and the proper + civil, military, and naval officers were directed to take all necessary + measures for the enforcement of the laws. The expedition failed, but it + has not been without its painful consequences. Some of our citizens who, + it was alleged, were engaged in the expedition were captured, and have + been brought to trial as for a capital offense in the Province of + Canada. Judgment and sentence of death have been pronounced against + some, while others have been acquitted. Fully believing in the maxim of + government that severity of civil punishment for misguided persons who + have engaged in revolutionary attempts which have disastrously failed is + unsound and unwise, such representations have been made to the British + Government in behalf of the convicted persons as, being sustained by + an enlightened and humane judgment, will, it is hoped, induce in their + cases an exercise of clemency and a judicious amnesty to all who were + engaged in the movement. Counsel has been employed by the Government to + defend citizens of the United States on trial for capital offenses in + Canada, and a discontinuance of the prosecutions which were instituted + in the courts of the United States against those who took part in the + expedition has been directed. +</p> +<p> + I have regarded the expedition as not only political in its nature, but + as also in a great measure foreign from the United States in its causes, + character, and objects. The attempt was understood to be made in + sympathy with an insurgent party in Ireland, and by striking at a + British Province on this continent was designed to aid in obtaining + redress for political grievances which, it was assumed, the people of + Ireland had suffered at the hands of the British Government during a + period of several centuries. The persons engaged in it were chiefly + natives of that country, some of whom had, while others had not, become + citizens of the United States under our general laws of naturalization. + Complaints of misgovernment in Ireland continually engage the attention + of the British nation, and so great an agitation is now prevailing in + Ireland that the British Government have deemed it necessary to suspend + the writ of <i>habeas corpus</i> in that country. These circumstances must + necessarily modify the opinion which we might otherwise have entertained + in regard to an expedition expressly prohibited by our neutrality laws. + So long as those laws remain upon our statute books they should be + faithfully executed, and if they operate harshly, unjustly, or + oppressively Congress alone can apply the remedy by their modification + or repeal. +</p> +<p> + Political and commercial interests of the United States are not unlikely + to be affected in some degree by events which are transpiring in the + eastern regions of Europe, and the time seems to have come when our + Government ought to have a proper diplomatic representation in Greece. +</p> +<p> + This Government has claimed for all persons not convicted or accused or + suspected of crime an absolute political right of self-expatriation and + a choice of new national allegiance. Most of the European States have + dissented from this principle, and have claimed a right to hold such of + their subjects as have emigrated to and been naturalized in the United + States and afterwards returned on transient visits to their native + countries to the performance of military service in like manner as + resident subjects. Complaints arising from the claim in this respect + made by foreign states have heretofore been matters of controversy + between the United States and some of the European powers, and the + irritation consequent upon the failure to settle this question increased + during the war in which Prussia, Italy, and Austria were recently + engaged. While Great Britain has never acknowledged the right of + expatriation, she has not for some years past practically insisted + upon the opposite doctrine. France has been equally forbearing, and + Prussia has proposed a compromise, which, although evincing increased + liberality, has not been accepted by the United States. Peace is now + prevailing everywhere in Europe, and the present seems to be a favorable + time for an assertion by Congress of the principle so long maintained by + the executive department that naturalization by one state fully exempts + the native-born subject of any other state from the performance of + military service under any foreign government, so long as he does not + voluntarily renounce its rights and benefits. +</p> +<p> + In the performance of a duty imposed upon me by the Constitution + I have thus submitted to the representatives of the States and of the + people such information of our domestic and foreign affairs as the + public interests seem to require. Our Government is now undergoing its + most trying ordeal, and my earnest prayer is that the peril may be + successfully and finally passed without impairing its original strength + and symmetry. The interests of the nation are best to be promoted by the + revival of fraternal relations, the complete obliteration of our past + differences, and the reinauguration of all the pursuits of peace. + Directing our efforts to the early accomplishment of these great + ends, let us endeavor to preserve harmony between the coordinate + departments of the Government, that each in its proper sphere may + cordially cooperate with the other in securing the maintenance of + the Constitution, the preservation of the Union, and the perpetuity + of our free institutions. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 8, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to a resolution of the House of Representatives of the 5th + instant, inquiring if any portion of Mexican territory has been occupied + by United States troops, I transmit the accompanying report upon the + subject from the Secretary of War. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 8, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have the honor to communicate a report of the Secretary of State + relating to the discovery and arrest of John H. Surratt. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>December 11, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the Secretary of War and the + Attorney-General, in compliance with a resolution of the 3d instant, + requesting the President to communicate to the House, "if not in his + opinion incompatible with the public interests, the information asked + for in a resolution of this House dated the 23d June last, and which + resolution he has up to this time failed to answer, as to whether any + application has been made to him for the pardon of G.E. Pickett, who + acted as a major-general of the rebel forces in the late war for the + suppression of insurrection, and, if so, what has been the action + thereon; and also to communicate copies of all papers, entries, + indorsements, and other documentary evidence in relation to any + proceeding in connection with such application; and that he also inform + this House whether, since the adjournment at Raleigh, N.C., on the + 30th of March last, of the last board or court of inquiry convened to + investigate the facts attending the hanging of a number of United States + soldiers for alleged desertion from the rebel army, any further measures + have been taken to bring the said Pickett or other perpetrators of that + crime to punishment." +</p> +<p> + In transmitting the accompanying papers containing the information + requested by the House of Representatives it is proper to state that, + instead of bearing date the 23d of June last, the first resolution was + dated the 23d of July, and was received by the Executive only four days + before the termination of the session. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 14, 1866</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I communicate a translation of a letter of the 17th of August last + addressed to me by His Majesty Alexander, Emperor of Russia, in reply to + the joint resolution of Congress approved on the 16th day of May, 1866, + relating to the attempted assassination of the Emperor, a certified copy + of which was, in compliance with the request of Congress, forwarded to + His Majesty by the hands of Gustavus V. Fox, late Assistant Secretary of + the Navy of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 15, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Interior, in + answer to a resolution of the House of Representatives of the 10th + instant, in relation to the Atchison and Pikes Peak Railroad Company. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 20, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + December 4 last, requesting information "relating to the attempt of + Santa Anna and Ortega to organize armed expeditions within the United + States for the purpose of overthrowing the National Government of the + Republic of Mexico," I transmit a report from the Secretary of State + and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 21, 1866</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 19th + instant, calling for a copy of certain correspondence relating to the + joint occupancy of the island of San Juan, in Washington Territory, + I transmit a report from the Secretary of State on the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 3, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have the honor to communicate an additional report of the Secretary of + State relating to the discovery and arrest of John H. Surratt. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 8, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War and the + accompanying papers, in reply to the resolution of the House of + Representatives of the 13th ultimo, requesting copies of all official + documents, orders, letters, and papers of every description relative to + the trial by a military commission and conviction of Crawford Keys and + others for the murder of Emory Smith and others, and to the respite + of the sentence in the case of said Crawford Keys or either of his + associates, their transfer to Fort Delaware, and subsequent release + upon a writ of <i>habeas corpus</i>. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 8, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit the accompanying report from the Attorney-General as a + partial reply to the resolution of the House of Representatives of the + 10th ultimo, requesting a "list of names of all persons engaged in the + late rebellion against the United States Government who have been + pardoned by the President from April 15, 1865, to this date; that said + list shall also state the rank of each person who has been so pardoned, + if he has been engaged in the military service of the so-called + Confederate government, and the position if he shall have held any civil + office under said so-called Confederate government; and shall also + further state whether such person has at any time prior to April 14, + 1861, held any office under the United States Government, and, if so, + what office, together with the reasons for granting such pardons and + also the names of the person or persons at whose solicitation such + pardon was granted." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 9, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Navy, in + answer to a resolution of the House of the 19th ultimo, requesting a + statement of the amounts charged to the State Department since May 1, + 1865, for services rendered by naval vessels. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 9, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Navy, + with the accompanying documents, in answer to a resolution of the Senate + of the 5th ultimo, calling for copies of orders, instructions, and + directions issued from that Department in relation to the employment of + officers and others in the navy-yards of the United States, and all + communications received in relation to employment at the Norfolk + Navy-Yard. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 10, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to a resolution of + the 17th ultimo, calling for information relative to the revolution in + Candia, a report of the Secretary of State, with accompanying documents. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, January 14, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of the 19th ultimo, + requesting information regarding the occupation of Mexican territory by + the troops of the United States, I transmit a report of the Secretary of + State and one of the Secretary of War, and the documents by which they + were accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 18, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the 19th ultimo, requesting certain + information in regard to the Universal Exposition to be held at Paris + during the present year, I transmit a report from the Secretary of State + and the documents to which it refers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 19, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith communicate a report from the Secretary of the Interior, + in answer to a resolution of the House of Representatives of the 16th + instant, in relation to the clerks of the Federal courts and the marshal + of the United States for the district of North Carolina. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War and the + accompanying papers, in compliance with the resolution of the House of + Representatives of the 19th ultimo, requesting copies of all papers in + possession of the President touching the case of George St. Leger + Grenfel. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + JANUARY 21, 1867. +</p><p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 21st + instant, a report from the Secretary of State, with accompanying + papers.<a href="#note-8"><small>8</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 28, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report<a href="#note-9"><small>9</small></a> from the Secretary of State, with + accompanying papers, in answer to the Senate's resolution of the + 7th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 28, 1867</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 7th instant, in relation to the attempted compromise of certain suits + instituted in the English courts in behalf of the United States against + Fraser, Trenholm & Co., alleged agents of the so-called Confederate + government, I transmit a report from the Secretary of State and the + documents by which it was accompanied. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1867</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a report<a href="#note-10"><small>10</small></a> from the Secretary of State, in answer + to the resolution of the House of Representatives of the 24th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 12th ultimo and its request of the 28th instant for all correspondence, + reports, and information in my possession in relation to the riot which + occurred in the city of New Orleans on the 30th day of July last, I + transmit herewith copies of telegraphic dispatches upon the subject, + and reports from the Secretary of War, with the papers accompanying + the same. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 4th of December last, requesting information upon the present condition + of affairs in the Republic of Mexico, and of one of the 18th of the same + month, desiring me to communicate to the House of Representatives copies + of all correspondence on the subject of the evacuation of Mexico by the + French troops not before officially published, I transmit a report from + the Secretary of State and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 31, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the heads of the several Executive + Departments, containing the information in reference to appointments + to office requested in the resolution adopted by the House of + Representatives on the 6th of December last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>January 31, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report by the Secretary of War of January 30, + containing the information asked for in a resolution of the House of + Representatives of January 25, 1867, hereto annexed, respecting the + execution of "An act providing for the appointment of a commissioner to + examine and report upon certain claims of the State of Iowa," approved + July 25, 1866. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 31, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The accompanying reports from the heads of the several Executive + Departments of the Government are submitted in compliance with a + resolution of the Senate dated the 12th ultimo, inquiring whether any + person appointed to an office required by law to be filled by and with + the advice and consent of the Senate, and who was commissioned during + the recess of the Senate, previous to the assembling of the present + Congress, to fill a vacancy, has been continued in such office and + permitted to discharge its functions, either by the granting of a new + commission or otherwise, since the end of the session of the Senate on + the 28th day of July last, without the submission of the name of such + person to the Senate for its confirmation; and particularly whether a + surveyor or naval officer of the port of Philadelphia has thus been + continued in office without the consent of the Senate, and, if any such + officer has performed the duties of that office, whether he has received + any salary or compensation therefor. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded the 29th day of August, 1866, between Alexander + Cummings, governor of Colorado Territory and <i>ex officio</i> superintendent + of Indian affairs, Hon. A.C. Hunt, and D.C. Oakes, United States Indian + agent, duly authorized and appointed as commissioners for the purpose, + and the chiefs and warriors of the Uintah Jampa, or Grand River, bands + of Utah Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 31st of January, with + copy of letter from the Commissioner of Indian Affairs of the 28th of + January, 1867, together with a map showing the tract of country claimed + by said Indians, accompany the treaty. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 4, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 2d instant, requesting + the Secretary of State to report what steps have been taken him to + secure to the United States the right to make the necessary surveys for + an interoceanic ship canal through the territory of Colombia, I transmit + herewith the report of the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 4, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate a report from the Secretary of the Interior of + this date, in answer to a resolution of the Senate of the 31st ultimo, + in relation to the deputy marshals, bailiffs, and criers in the District + of Columbia who have received compensation for the year 1866. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 4, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a report of the Secretary of the Treasury, in answer to a + resolution of the Senate of the 31st ultimo, on the subject of a treaty + of reciprocity with the Hawaiian Islands. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 5, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in answer to the Senate's resolution of the 2d + instant, a report from the Secretary of State, with an accompanying + document.<a href="#note-11"><small>11</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 5, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to a + resolution of the House of Representatives of yesterday, making inquiry + as to the States which have ratified the amendment to the Constitution + proposed by the Thirty-ninth Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the + 4th instant, requesting me to communicate to that body any official + correspondence which may have taken place with regard to the visit of + Professor Agassiz to Brazil, I transmit herewith the report of the + Secretary of State and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith communicate a report of the Secretary of the Interior, + in answer to a resolution of the House of Representatives of the 22d + ultimo, requesting information relative to the condition, occupancy, + and area of the Hot Springs Reservation, in the State of Arkansas. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 9, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in answer to the Senate's resolution of the 7th + instant, a report<a href="#note-12"><small>12</small></a> from the Secretary of State, with an accompanying + document. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 11, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 6th of February, + 1867, requesting me to transmit copies of all correspondence not + heretofore communicated on the subject of grants to American citizens + for railroad and telegraph lines across the territory of the Republic of + Mexico, I submit herewith the report of the Secretary of State and the + papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 16, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to a + resolution of the House of Representatives of yesterday, making further + inquiry as to the States which have ratified the amendment to the + Constitution proposed by the Thirty-ninth Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 16, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 27th of July last, + relative to the practicability of establishing equal reciprocal + relations between the United States and the British North American + Provinces and to the actual condition of the question of the fisheries, + I transmit a report on the subject from the Secretary of State, with + the papers to which it refers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 18, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received a resolution of the Senate dated the 8th day of January + last, requesting the President to inform the Senate if any violations of + the act entitled "An act to protect all persons in the United States in + their civil rights and furnish the means of their vindication" have come + to his knowledge, and, if so, what steps, if any, have been taken by him + to enforce the law and punish the offenders. +</p> +<p> + Not being cognizant of any cases which came within the purview of the + resolution, in order that the inquiry might have the fullest range I + referred it to the heads of the several Executive Departments, whose + reports are herewith communicated for the information of the Senate. +</p> +<p> + With the exception of the cases mentioned in the reports of the + Secretary of War and the Attorney-General, no violations, real or + supposed, of the act to which the resolution refers have at any time + come to the knowledge of the Executive. The steps taken in these cases + to enforce the law appear in these reports. +</p> +<p> + The Secretary of War, under date of the 15th instant, submitted a series + of reports from the General Commanding the armies of the United States + and other military officers as to supposed violations of the act alluded + to in the resolution, with the request that they should be referred to + the Attorney-General "for his investigation and report, to the end that + the cases may be designated which are cognizant by the civil authorities + and such as are cognizant by military tribunals." I have directed the + reference so to be made. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 18, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a letter of the 26th ultimo, addressed to me by W.F.M. Arny, + secretary and acting governor of the Territory of New Mexico, with the + memorials to Congress by which it was accompanied, requesting certain + appropriations for that Territory. The attention of the House of + Representatives is invited to the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 19, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit the accompanying reports from the Secretary of the Treasury + and the Secretary of War, in answer to the resolution of the House of + Representatives of the 28th May last, requesting certain information in + regard to captured and forfeited cotton. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, giving information of + States which have ratified the amendment to the Constitution proposed by + the Thirty-ninth Congress in addition to those named in his report which + was communicated in my message of the 16th instant, in answer to a + resolution of the House of Representatives of the 15th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 11th + instant, a report from the Secretary of State, with accompanying + documents.<a href="#note-13"><small>13</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 31st ultimo, + a report from the Secretary of State, with accompanying documents.<a href="#note-14"><small>14</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 19th + instant, a report from the Secretary of State, with accompanying + documents.<a href="#note-15"><small>15</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their + resolution of the 14th instant, a report<a href="#note-16"><small>16</small></a> from the Secretary of + State of this date. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + For the reasons stated<a href="#note-16"><small>16</small></a> in the accompanying communication from the + Secretary of the Interior, I withdraw the treaty concluded with the + New York Indians in Kansas and submitted to the Senate in the month of + December, 1863, but upon which I am informed no action has yet been + taken. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>February 23, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded in the city of Washington on the 19th of February, + 1867, between the United States and the Sac and Fox tribes of Indians + of Missouri. +</p> +<p> + A letter of the Secretary of the Interior of the 23d and copy of a + letter of the Commissioner of Indian Affairs of the 19th of February, + 1867, accompany the treaty. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>February 23, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded in the city of Washington on the 18th February, 1867, + between the United States and the Sac and Fox tribes of Indians of the + Mississippi. +</p> +<p> + A letter of the Secretary of the Interior of the 23d and a copy of a + letter of the Commissioner of Indian Affairs of the 19th February, 1867, + accompany the treaty. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>February 23, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded on the 19th February, 1867, between the United States + and the Sisseton and Wahpeton bands of Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 23d instant and + accompanying copies of letters of the Commissioner of Indian Affairs + and Major T.R. Brown, in relation to said treaty, are also herewith + transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 23, 1867</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit a copy of a letter of the 12th instant addressed to me by His + Excellency Lucius Fairchild, governor of the State of Wisconsin, and of + the memorial to Congress concerning the Paris Exposition adopted by the + legislature of that State during its present session. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 25, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Interior, in + reply to the resolution of the House of Representatives of the 11th + instant, calling for certain information relative to removals and + appointments in his Department since the adjournment of the first + session of the Thirty-ninth Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 26, 1867</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a correspondence between the Secretary + of State and G.V. Fox, esq., relative to the presentation by the latter + to the Emperor of Russia of the resolution of Congress expressive of + the feelings of the people of the United States in reference to the + providential escape of that sovereign from an attempted assassination. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, with a view to ratification, a general + convention of amity, commerce, and navigation and for the surrender of + fugitive criminals between the United States and the Dominican Republic, + signed by the plenipotentiaries of the parties at the city of St. + Domingo on the 8th of this month. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 27, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Navy, + in answer to a resolution of the House of Representatives of the 21st + instant, calling for a copy of a letter addressed by Richard M. Boynton + and Harriet M. Fisher to the Secretary of the Navy in the month of + February, 1863, together with the indorsement made thereon by the Chief + of the Bureau of Ordnance. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 2, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Attorney-General, additional to the + one submitted by him December 13, 1866, in reply to the resolution of + the House of Representatives of December 10, 1866, requesting "a list of + names of all persons who have been engaged in the late rebellion against + the United States Government who have been pardoned by the President + from April 15, 1865, to this date; that said list shall also state the + rank of each person who has been so pardoned, if he has been engaged + in the military service of the so-called Confederate States, and the + position if he shall have held any civil office under said so-called + Confederate government; and shall also further state whether such person + has at any time prior to April 14, 1861, held any office under the + United States Government, and, if so, what office, together with the + reasons for granting such pardons, and also the names of the person or + persons at whose solicitation such pardon was granted." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + MARCH 2, 1867. +</p> +<p> </p><p> </p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The act entitled "An act making appropriations for the support of the + Army for the year ending June 30, 1868, and for other purposes" contains + provisions to which I must call attention. Those provisions are + contained in the second section, which in certain cases virtually + deprives the President of his constitutional functions as Commander in + Chief of the Army, and in the sixth section, which denies to ten States + of this Union their constitutional right to protect themselves in any + emergency by means of their own militia. Those provisions are out of + place in an appropriation act. I am compelled to defeat these necessary + appropriations if I withhold my signature to the act. Pressed by these + considerations, I feel constrained to return the bill with my signature, + but to accompany it with my protest against the sections which I have + indicated. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>January 5, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received and considered a bill entitled "An act to regulate the + elective franchise in the District of Columbia," passed by the Senate + on the 13th of December and by the House of Representatives on the + succeeding day. It was presented for my approval on the 26th ultimo—six + days after the adjournment of Congress—and is now returned with my + objections to the Senate, in which House it originated. +</p> +<p> + Measures having been introduced at the commencement of the first session + of the present Congress for the extension of the elective franchise to + persons of color in the District of Columbia, steps were taken by the + corporate authorities of Washington and Georgetown to ascertain and make + known the opinion of the people of the two cities upon a subject so + immediately affecting their welfare as a community. The question was + submitted to the people at special elections held in the month of + December, 1865, when the qualified voters of Washington and Georgetown, + with great unanimity of sentiment, expressed themselves opposed to + the contemplated legislation. In Washington, in a vote of 6,556—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. +</p> +<p> + Entirely disregarding the wishes of the people of the District of + Columbia, Congress has deemed it right and expedient to pass the measure + now submitted for my signature. It therefore becomes the duty of the + Executive, standing between the legislation of the one and the will of + the other, fairly expressed, to determine whether he should approve the + bill, and thus aid in placing upon the statute books of the nation a law + against which the people to whom it is to apply have solemnly and with + such unanimity protested, or whether he should return it with his + objections in the hope that upon reconsideration Congress, acting as + the representatives of the inhabitants of the seat of Government, will + permit them to regulate a purely local question as to them may seem best + suited to their interests and condition. +</p> +<p> + The District of Columbia was ceded to the United States by Maryland and + Virginia in order that it might become the permanent seat of Government + of the United States. Accepted by Congress, it at once became subject to + the "exclusive legislation" for which provision is made in the Federal + Constitution. It should be borne in mind, however, that in exercising + its functions as the lawmaking power of the District of Columbia the + authority of the National Legislature is not without limit, but that + Congress is bound to observe the letter and spirit of the Constitution + as well in the enactment of local laws for the seat of Government as + in legislation common to the entire Union. Were it to be admitted that + the right "to exercise exclusive legislation in all cases whatsoever" + conferred upon Congress unlimited power within the District of Columbia, + titles of nobility might be granted within its boundaries; laws might be + made "respecting an establishment of religion or prohibiting the free + exercise thereof, or abridging the freedom of speech or of the press, + or the right of the people peaceably to assemble and to petition the + Government for a redress of grievances." Despotism would thus reign at + the seat of government of a free republic, and as a place of permanent + residence it would be avoided by all who prefer the blessings of liberty + to the mere emoluments of official position. +</p> +<p> + It should also be remembered that in legislating for the District of + Columbia under the Federal Constitution the relation of Congress to + its inhabitants is analogous to that of a legislature to the people + of a State under their own local constitution. It does not, therefore, + seem to be asking too much that in matters pertaining to the District + Congress should have a like respect for the will and interest of its + inhabitants as is entertained by a State legislature for the wishes + and prosperity of those for whom they legislate. The spirit of our + Constitution and the genius of our Government require that in regard to + any law which is to affect and have a permanent bearing upon a people + their will should exert at least a reasonable influence upon those who + are acting in the capacity of their legislators. Would, for instance, + the legislature of the State of New York, or of Pennsylvania, or of + Indiana, or of any State in the Union, in opposition to the expressed + will of a large majority of the people whom they were chosen to + represent, arbitrarily force upon them as voters all persons of the + African or negro race and make them eligible for office without any + other qualification than a certain term of residence within the State? + In neither of the States named would the colored population, when acting + together, be able to produce any great social or political result. + Yet in New York, before he can vote, the man of color must fulfill + conditions that are not required of the white citizen; in Pennsylvania + the elective franchise is restricted to white freemen, while in Indiana + negroes and mulattoes are expressly excluded from the right of suffrage. + It hardly seems consistent with the principles of right and justice that + representatives of States where suffrage is either denied the colored + man or granted to him on qualifications requiring intelligence or + property should compel the people of the District of Columbia to + try an experiment which their own constituents have thus far shown + an unwillingness to test for themselves. Nor does it accord with our + republican ideas that the principle of self-government should lose its + force when applied to the residents of the District merely because their + legislators are not, like those of the States, responsible through the + ballot to the people for whom they are the lawmaking power. +</p> +<p> + The great object of placing the seat of Government under the exclusive + legislation of Congress was to secure the entire independence of the + General Government from undue State influence and to enable it to + discharge without danger of interruption or infringement of its + authority the high functions for which it was created by the people. + For this important purpose it was ceded to the United States by Maryland + and Virginia, and it certainly never could have been contemplated + as one of the objects to be attained by placing it under the exclusive + jurisdiction of Congress that it would afford to propagandists or + political parties a place for an experimental test of their principles + and theories. While, indeed, the residents of the seat of Government are + not citizens of any State and are not, therefore, allowed a voice in the + electoral college or representation in the councils of the nation, they + are, nevertheless, American citizens, entitled as such to every guaranty + of the Constitution, to every benefit of the laws, and to every right + which pertains to citizens of our common country. In all matters, then, + affecting their domestic affairs, the spirit of our democratic form of + government demands that their wishes should be consulted and respected + and they taught to feel that although not permitted practically to + participate in national concerns, they are, nevertheless, under a + paternal government regardful of their rights, mindful of their wants, + and solicitous for their prosperity. It was evidently contemplated that + all local questions would be left to their decision, at least to an + extent that would not be incompatible with the object for which Congress + was granted exclusive legislation over the seat of Government. When the + Constitution was yet under consideration, it was assumed by Mr. Madison + that its inhabitants would be allowed "a municipal legislature for local + purposes, derived from their own suffrages." When for the first time + Congress, in the year 1800, assembled at Washington, President Adams, in + his speech at its opening, reminded the two Houses that it was for them + to consider whether the local powers over the District of Columbia, + vested by the Constitution in the Congress of the United States, should + be immediately exercised, and he asked them to "consider it as the + capital of a great nation, advancing with unexampled rapidity in arts, + in commerce, in wealth, and in population, and possessing within itself + those resources which, if not thrown away or lamentably misdirected, + would secure to it a long course of prosperity and self-government." + Three years had not elapsed when Congress was called upon to determine + the propriety of retroceding to Maryland and Virginia the jurisdiction + of the territory which they had respectively relinquished to the + Government of the United States. It was urged on the one hand that + exclusive jurisdiction was not necessary or useful to the Government; + that it deprived the inhabitants of the District of their political + rights; that much of the time of Congress was consumed in legislation + pertaining to it; that its government was expensive; that Congress was + not competent to legislate for the District, because the members were + strangers to its local concerns; and that it was an example of a + government without representation—an experiment dangerous to the + liberties of the States. On the other hand it was held, among other + reasons, and successfully, that the Constitution, the acts of cession + of Virginia and Maryland, and the act of Congress accepting the grant + all contemplated the exercise of exclusive legislation by Congress, + and that its usefulness, if not its necessity, was inferred from the + inconvenience which was felt for want of it by the Congress of the + Confederation; that the people themselves, who, it was said, had been + deprived of their political rights, had not complained and did not + desire a retrocession; that the evil might be remedied by giving them a + representation in Congress when the District should become sufficiently + populous, and in the meantime a local legislature; that if the + inhabitants had not political rights they had great political influence; + that the trouble and expense of legislating for the District would not + be great, but would diminish, and might in a great measure be avoided + by a local legislature; and that Congress could not retrocede the + inhabitants without their consent. Continuing to live substantially + under the laws that existed at the time of the cession, and such changes + only having been made as were suggested by themselves, the people of the + District have not sought by a local legislature that which has generally + been willingly conceded by the Congress of the nation. +</p> +<p> + As a general rule sound policy requires that the legislature should + yield to the wishes of a people, when not inconsistent with the + constitution and the laws. The measures suited to one community might + not be well adapted to the condition of another; and the persons best + qualified to determine such questions are those whose interests are + to be directly affected by any proposed law. In Massachusetts, for + instance, male persons are allowed to vote without regard to color, + provided they possess a certain degree of intelligence. In a population + in that State of 1,231,066 there were, by the census of 1860, only 9,602 + persons of color, and of the males over 20 years of age there were + 339,086 white to 2,602 colored. By the same official enumeration there + were in the District of Columbia 60,764 whites to 14,316 persons of the + colored race. Since then, however, the population of the District has + largely increased, and it is estimated that at the present time there + are nearly 100,000 whites to 30,000 negroes. The cause of the augmented + numbers of the latter class needs no explanation. Contiguous to Maryland + and Virginia, the District during the war became a place of refuge for + those who escaped from servitude, and it is yet the abiding place of a + considerable proportion of those who sought within its limits a shelter + from bondage. Until then held in slavery and denied all opportunities + for mental culture, their first knowledge of the Government was acquired + when, by conferring upon them freedom, it became the benefactor of their + race. The test of their capability for improvement began when for the + first time the career of free industry and the avenues to intelligence + were opened to them. Possessing these advantages but a limited time—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. +</p> +<p> + It can not be urged that the proposed extension of suffrage in the + District of Columbia is necessary to enable persons of color to protect + either their interests or their rights. They stand here precisely as + they stand in Pennsylvania, Ohio, and Indiana. Here as elsewhere, in all + that pertains to civil rights, there is nothing to distinguish this + class of persons from citizens of the United States, for they possess + the "full and equal benefit of all laws and proceedings for the security + of person and property as is enjoyed by white citizens," and are made + "subject to like punishment, pains, and penalties, and to none other, + any law, statute, ordinance, regulation, or custom to the contrary + notwithstanding." Nor, as has been assumed, are their suffrages + necessary to aid a loyal sentiment here, for local governments already + exist of undoubted fealty to the Government, and are sustained by + communities which were among the first to testify their devotion to the + Union, and which during the struggle furnished their full quotas of men + to the military service of the country. +</p> +<p> + The exercise of the elective franchise is the highest attribute of an + American citizen, and when guided by virtue, intelligence, patriotism, + and a proper appreciation of our institutions constitutes the true basis + of a democratic form of government, in which the sovereign power is + lodged in the body of the people. Its influence for good necessarily + depends upon the elevated character and patriotism of the elector, for + if exercised by persons who do not justly estimate its value and who are + indifferent as to its results it will only serve as a means of placing + power in the hands of the unprincipled and ambitious, and must eventuate + in the complete destruction of that liberty of which it should be the + most powerful conservator. Great danger is therefore to be apprehended + from an untimely extension of the elective franchise to any new class + in our country, especially when the large majority of that class, in + wielding the power thus placed in their hands, can not be expected + correctly to comprehend the duties and responsibilities which pertain + to suffrage. Yesterday, as it were, 4,000,000 persons were held in a + condition of slavery that had existed for generations; to-day they are + freemen and are assumed by law to be citizens. It can not be presumed, + from their previous condition of servitude, that as a class they are as + well informed as to the nature of our Government as the intelligent + foreigner who makes our land the home of his choice. In the case of + the latter neither a residence of five years and the knowledge of our + institutions which it gives nor attachment to the principles of the + Constitution are the only conditions upon which he can be admitted to + citizenship; he must prove in addition a good moral character, and thus + give reasonable ground for the belief that he will be faithful to the + obligations which he assumes as a citizen of the Republic. Where a + people—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. +</p> +<p> + In the hands of the patriotic and worthy our Government will be + preserved upon the principles of the Constitution inherited from our + fathers. It follows, therefore, that in admitting to the ballot box + a new class of voters not qualified for the exercise of the elective + franchise we weaken our system of government instead of adding to its + strength and durability. +</p> +<p> + In returning this bill to the Senate I deeply regret that there should + be any conflict of opinion between the legislative and executive + departments of the Government in regard to measures that vitally affect + the prosperity and peace of the country. Sincerely desiring to reconcile + the States with one another and the whole people to the Government of + the United States, it has been my earnest wish to cooperate with + Congress in all measures having for their object a proper and complete + adjustment of the questions resulting from our late civil war. Harmony + between the coordinate branches of the Government, always necessary for + the public welfare, was never more demanded than at the present time, + and it will therefore be my constant aim to promote as far as possible + concert of action between them. The differences of opinion that have + already occurred have rendered me only the more cautious, lest the + Executive should encroach upon any of the prerogatives of Congress, + or by exceeding in any manner the constitutional limit of his duties + destroy the equilibrium which should exist between the several + coordinate departments, and which is so essential to the harmonious + working of the Government. I know it has been urged that the executive + department is more likely to enlarge the sphere of its action than + either of the other two branches of the Government, and especially in + the exercise of the veto power conferred upon it by the Constitution. It + should be remembered, however, that this power is wholly negative and + conservative in its character, and was intended to operate as a check + upon unconstitutional, hasty, and improvident legislation and as a means + of protection against invasions of the just powers of the executive and + judicial departments. It is remarked by Chancellor Kent that— +</p> +<p class="q"> + To enact laws is a transcendent power, and if the body that possesses + it be a full and equal representation of the people there is danger of + its pressing with destructive weight upon all the other parts of the + machinery of Government. It has therefore been thought necessary by the + most skillful and most experienced artists in the science of civil + polity that strong barriers should be erected for the protection and + security of the other necessary powers of the Government. Nothing has + been deemed more fit and expedient for the purpose than the provision + that the head of the executive department should be so constituted as + to secure a requisite share of independence and that he should have a + negative upon the passing of laws; and that the judiciary power, resting + on a still more permanent basis, should have the right of determining + upon the validity of laws by the standard of the Constitution. +</p> +<p> + The necessity of some such check in the hands of the Executive is shown + by reference to the most eminent writers upon our system of government, + who seem to concur in the opinion that encroachments are most to be + apprehended from the department in which all legislative powers are + vested by the Constitution. Mr. Madison, in referring to the difficulty + of providing some practical security for each against the invasion of + the others, remarks that "the legislative department is everywhere + extending the sphere of its activity and drawing all power into its + impetuous vortex." "The founders of our Republic * * * seem never to + have recollected the danger from legislative usurpations, which by + assembling all power in the same hands must lead to the same tyranny as + is threatened by Executive usurpations." "In a representative republic, + where the executive magistracy is carefully limited both in the extent + and the duration of its power, and where the legislative power is + exercised by an assembly which is inspired, by a supposed influence over + the people, with an intrepid confidence in its own strength, which + is sufficiently numerous to feel all the passions which actuate a + multitude, yet not so numerous as to be incapable of pursuing the + objects of its passions by means which reason prescribes, it is against + the enterprising ambition of this department that the people ought to + indulge all their jealousy and exhaust all their precautions." "The + legislative department derives a superiority in our governments from + other circumstances. Its constitutional powers being at once more + extensive and less susceptible of precise limits, it can with the + greater facility mask, under complicated and indirect measures, the + encroachments which it makes on the coordinate departments." "On the + other side, the Executive power being restrained within a narrower + compass and being more simple in its nature, and the judiciary being + described by landmarks still less uncertain, projects of usurpation + by either of these departments would immediately betray and defeat + themselves. Nor is this all. As the legislative department alone has + access to the pockets of the people and has in some constitutions full + discretion and in all a prevailing influence over the pecuniary rewards + of those who fill the other departments, a dependence is thus created in + the latter which gives still greater facility to encroachments of the + former." "We have seen that the tendency of republican governments is + to an aggrandizement of the legislative at the expense of the other + departments." +</p> +<p> + Mr. Jefferson, in referring to the early constitution of + Virginia, objected that by its provisions all the powers of + government—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." +</p> +<p> + Mr. Justice Story, in his Commentaries on the Constitution, reviews the + same subject, and says: +</p> +<p class="q"> + The truth is that the legislative power is the great and overruling + power in every free government. * * * The representatives of the people + will watch with jealousy every encroachment of the executive magistrate, + for it trenches upon their own authority. But who shall watch the + encroachment of these representatives themselves? Will they be as + jealous of the exercise of power by themselves as by others? * * * +</p><p class="q"> + There are many reasons which may be assigned for the engrossing + influence of the legislative department. In the first place, its + constitutional powers are more extensive, and less capable of being + brought within precise limits than those of either the other + departments. The bounds of the executive authority are easily marked + out and defined. It reaches few objects, and those are known. It can + not transcend them without being brought in contact with the other + departments. Laws may check and restrain and bound its exercise. The + same remarks apply with still greater force to the judiciary. The + jurisdiction is, or may be, bounded to a few objects or persons; or, + however general and unlimited, its operations are necessarily confined + to the mere administration of private and public justice. It can not + punish without law. It can not create controversies to act upon. It can + decide only upon rights and cases as they are brought by others before + it. It can do nothing for itself. It must do everything for others. It + must obey the laws, and if it corruptly administers them it is subjected + to the power of impeachment. On the other hand, the legislative power + except in the few cases of constitutional prohibition, is unlimited. It + is forever varying its means and its ends. It governs the institutions + and laws and public policy of the country. It regulates all its vast + interests. It disposes of all its property. Look but at the exercise + of two or three branches of its ordinary powers. It levies all taxes; + it directs and appropriates all supplies; it gives the rules for the + descent, distribution, and devises of all property held by individuals; + it controls the sources and the resources of wealth; it changes at its + will the whole fabric of the laws; it molds at its pleasure almost all + the institutions which give strength and comfort and dignity to society. +</p><p class="q"> + In the next place, it is the direct visible representative of the will + of the people in all the changes of times and circumstances. It has the + pride as well as the power of numbers. It is easily moved and steadily + moved by the strong impulses of popular feeling and popular odium. It + obeys without reluctance the wishes and the will of the majority for the + time being. The path to public favor lies open by such obedience, and it + finds not only support but impunity in whatever measures the majority + advises, even though they transcend the constitutional limits. It has no + motive, therefore, to be jealous or scrupulous in its own use of power; + and it finds its ambition stimulated and its arm strengthened by the + countenance and the courage of numbers. These views are not alone those + of men who look with apprehension upon the fate of republics, but they + are also freely admitted by some of the strongest advocates for popular + rights and the permanency of republican institutions. * * * +</p> +<hr> +<p class="q"> + * * * Each department should have a will of its own. * * * Each should + have its own independence secured beyond the power of being taken away + by either or both of the others. But at the same time the relations of + each to the other should be so strong that there should be a mutual + interest to sustain and protect each other. There should not only be + constitutional means, but personal motives to resist encroachments of + one or either of the others. Thus ambition would be made to counteract + ambition, the desire of power to check power, and the pressure of + interest to balance an opposing interest. +</p> +<hr> +<p class="q"> + * * * The judiciary is naturally and almost necessarily, as has been + already said, the weakest department. It can have no means of influence + by patronage. Its powers can never be wielded for itself. It has no + command over the purse or the sword of the nation. It can neither lay + taxes, nor appropriate money, nor command armies, nor appoint to office. + It is never brought into contact with the people by constant appeals and + solicitations and private intercourse, which belong to all the other + departments of Government. It is seen only in controversies or in trials + and punishments. Its rigid justice and impartiality give it no claims to + favor, however they may to respect. It stands solitary and unsupported, + except by that portion of public opinion which is interested only in the + strict administration of justice. It can rarely secure the sympathy or + zealous support either of the Executive or the Legislature. If they + are not, as is not unfrequently the case, jealous of its prerogatives, + the constant necessity of scrutinizing the acts of each, upon the + application of any private person, and the painful duty of pronouncing + judgment that these acts are a departure from the law or Constitution + can have no tendency to conciliate kindness or nourish influence. It + would seem, therefore, that some additional guards would, under the + circumstances, be necessary to protect this department from the absolute + dominion of the others. Yet rarely have any such guards been applied, + and every attempt to introduce them has been resisted with a pertinacity + which demonstrates how slow popular leaders are to introduce checks upon + their own power and how slow the people are to believe that the + judiciary is the real bulwark of their liberties. * * * +</p> +<hr> +<p class="q"> + * * * If any department of the Government has undue influence or + absorbing power, it certainly has not been the executive or judiciary. +</p> +<p> + In addition to what has been said by these distinguished writers, + it may also be urged that the dominant party in each House may, by the + expulsion of a sufficient number of members or by the exclusion from + representation of a requisite number of States, reduce the minority to + less than one-third. Congress by these means might be enabled to pass a + law, the objections of the President to the contrary notwithstanding, + which would render impotent the other two departments of the Government + and make inoperative the wholesome and restraining power which it was + intended by the framers of the Constitution should be exerted by them. + This would be a practical concentration of all power in the Congress + of the United States; this, in the language of the author of the + Declaration of Independence, would be "precisely the definition of + despotic government." +</p> +<p> + I have preferred to reproduce these teachings of the great statesmen + and constitutional lawyers of the early and later days of the Republic + rather than to rely simply upon an expression of my own opinions. + We can not too often recur to them, especially at a conjuncture like + the present. Their application to our actual condition is so apparent + that they now come to us a living voice, to be listened to with more + attention than at any previous period of our history. We have been and + are yet in the midst of popular commotion. The passions aroused by a + great civil war are still dominant. It is not a time favorable to that + calm and deliberate judgment which is the only safe guide when radical + changes in our institutions are to be made. The measure now before me is + one of those changes. It initiates an untried experiment for a people + who have said, with one voice, that it is not for their good. This alone + should make us pause, but it is not all. The experiment has not been + tried, or so much as demanded, by the people of the several States for + themselves. In but few of the States has such an innovation been allowed + as giving the ballot to the colored population without any other + qualification than a residence of one year, and in most of them the + denial of the ballot to this race is absolute and by fundamental law + placed beyond the domain of ordinary legislation. In most of those + States the evil of such suffrage would be partial, but, small as it + would be, it is guarded by constitutional barriers. Here the innovation + assumes formidable proportions, which may easily grow to such an extent + as to make the white population a subordinate element in the body + politic. +</p> +<p> + After full deliberation upon this measure, I can not bring myself to + approve it, even upon local considerations, nor yet as the beginning of + an experiment on a larger scale. I yield to no one in attachment to that + rule of general suffrage which distinguishes our policy as a nation. + But there is a limit, wisely observed hitherto, which makes the ballot + a privilege and a trust, and which requires of some classes a time + suitable for probation and preparation. To give it indiscriminately to + a new class, wholly unprepared by previous habits and opportunities to + perform the trust which it demands, is to degrade it, and finally to + destroy its power, for it may be safely assumed that no political truth + is better established than that such indiscriminate and all-embracing + extension of popular suffrage must end at last in its destruction. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 28, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return to the Senate, in which House it originated, a bill entitled + "An act to admit the State of Colorado into the Union," to which I can + not, consistently with my sense of duty, give my approval. With the + exception of an additional section, containing new provisions, it is + substantially the same as the bill of a similar title passed by Congress + during the last session, submitted to the President for his approval, + returned with the objections contained in a message bearing date the + 15th of May last, and yet awaiting the reconsideration of the Senate. +</p> +<p> + A second bill, having in view the same purpose, has now passed both + Houses of Congress and been presented for my signature. Having again + carefully considered the subject, I have been unable to perceive any + reason for changing the opinions which have already been communicated to + Congress. I find, on the contrary, that there are many objections to the + proposed legislation of which I was not at that time aware, and that + while several of those which I then assigned have in the interval gained + in strength, yet others have been created by the altered character of + the measures now submitted. +</p> +<p> + The constitution under which the State government is proposed to be + formed very properly contains a provision that all laws in force at the + time of its adoption and the admission of the State into the Union shall + continue as if the constitution had not been adopted. Among those laws + is one absolutely prohibiting negroes and mulattoes from voting. At the + recent session of the Territorial legislature a bill for the repeal of + this law, introduced into the council, was almost unanimously rejected; + and at the very time when Congress was engaged in enacting the bill now + under consideration the legislature passed an act excluding negroes and + mulattoes from the right to sit as jurors. This bill was vetoed by the + governor of the Territory, who held that by the laws of the United + States negroes and mulattoes are citizens, and subject to the duties, as + well as entitled to the rights, of citizenship. The bill, however, was + passed, the objections of the governor to the contrary notwithstanding, + and is now a law of the Territory. Yet in the bill now before me, by + which it is proposed to admit the Territory as a State, it is provided + that "there shall be no denial of the elective franchise or any other + rights to any person by reason of race or color, excepting Indians not + taxed." +</p> +<p> + The incongruity thus exhibited between the legislation of Congress and + that of the Territory, taken in connection with the protest against the + admission of the State hereinafter referred to, would seem clearly to + indicate the impolicy and injustice of the proposed enactment. +</p> +<p> + It might, indeed, be a subject of grave inquiry, and doubtless will + result in such inquiry if this bill becomes a law, whether it does not + attempt to exercise a power not conferred upon Congress by the Federal + Constitution. That instrument simply declares that Congress may admit + new States into the Union. It nowhere says that Congress may make new + States for the purpose of admitting them into the Union or for any other + purpose; and yet this bill is as clear an attempt to make the + institutions as any in which the people themselves could engage. +</p> +<p> + In view of this action of Congress, the house of representatives of the + Territory have earnestly protested against being forced into the Union + without first having the question submitted to the people. Nothing could + be more reasonable than the position which they thus assume; and it + certainly can not be the purpose of Congress to force upon a community + against their will a government which they do not believe themselves + capable of sustaining. +</p> +<p> + The following is a copy of the protest alluded to as officially + transmitted to me: +</p> +<p class="q"> + Whereas it is announced in the public prints that it is the intention + of Congress to admit Colorado as a State into the Union: Therefore, +</p><p class="q"> + <i>Resolved by the house of representatives of the Territory</i>, That, + representing, as we do, the last and only legal expression of public + opinion on this question, we earnestly protest against the passage of a + law admitting the State without first having the question submitted to + a vote of the people, for the reasons, first, that we have a right to a + voice in the selection of the character of our government; second, that + we have not a sufficient population to support the expenses of a State + government. For these reasons we trust that Congress will not force upon + us a government against our will. +</p> +<p> + Upon information which I considered reliable, I assumed in my message of + the 15th of May last that the population of Colorado was not more than + 30,000, and expressed the opinion that this number was entirely too + small either to assume the responsibilities or to enjoy the privileges + of a State. +</p> +<p> + It appears that previous to that time the legislature, with a view + to ascertain the exact condition of the Territory, had passed a law + authorizing a census of the population to be taken. The law made it + the duty of the assessors in the several counties to take the census + in connection with the annual assessments, and, in order to secure + a correct enumeration of the population, allowed them a liberal + compensation for the service by paying them for every name returned, + and added to their previous oath of office an oath to perform this + duty with fidelity. +</p> +<p> + From the accompanying official report it appears that returns have been + received from fifteen of the eighteen counties into which the State is + divided, and that their population amounts in the aggregate to 24,909. + The three remaining counties are estimated to contain 3,000, making a + total population of 27,909. +</p> +<p> + This census was taken in the summer season, when it is claimed that the + population is much larger than at any other period, as in the autumn + miners in large numbers leave their work and return to the East with the + results of their summer enterprise. +</p> +<p> + The population, it will be observed, is but slightly in excess of + one-fifth of the number required as the basis of representation for a + single Congressional district in any of the States—the number being + 127,000. +</p> +<p> + I am unable to perceive any good reason for such great disparity in the + right of representation, giving, as it would, to the people of Colorado + not only this vast advantage in the House of Representatives, but an + equality in the Senate, where the other States are represented by + millions. With perhaps a single exception, no such inequality as this + has ever before been attempted. I know that it is claimed that the + population of the different States at the time of their admission has + varied at different periods, but it has not varied much more than the + population of each decade and the corresponding basis of representation + for the different periods. +</p> +<p> + The obvious intent of the Constitution was that no State should be + admitted with a less population than the ratio for a Representative at + the time of application. The limitation in the second section of the + first article of the Constitution, declaring that "each State shall have + at least one Representative," was manifestly designed to protect the + States which originally composed the Union from being deprived, in + the event of a waning population, of a voice in the popular branch of + Congress, and was never intended as a warrant to force a new State into + the Union with a representative population far below that which might at + the time be required of sister members of the Confederacy. This bill, in + view of the prohibition of the same section, which declares that "the + number of Representatives shall not exceed one for every 30,000," is at + least a violation of the spirit if not the letter of the Constitution. +</p> +<p> + It is respectfully submitted that however Congress, under the pressure + of circumstances, may have admitted two or three States with less than + a representative population at the time, there has been no instance in + which an application for admission has ever been entertained when the + population, as officially ascertained, was below 30,000. +</p> +<p> + Were there any doubt of this being the true construction of the + Constitution, it would be dispelled by the early and long-continued + practice of the Federal Government. For nearly sixty years after the + adoption of the Constitution no State was admitted with a population + believed at the time to be less than the current ratio for a + Representative, and the first instance in which there appears to have + been a departure from the principle was in 1845, in the case of Florida. + Obviously the result of sectional strife, we would do well to regard it + as a warning of evil rather than as an example for imitation; and I + think candid men of all parties will agree that the inspiring cause of + the violation of this wholesome principle of restraint is to be found + in a vain attempt to balance these antagonisms, which refused to be + reconciled except through the bloody arbitrament of arms. The plain + facts of our history will attest that the great and leading States + admitted since 1845, viz, Iowa, Wisconsin, California, Minnesota, and + Kansas, including Texas, which was admitted that year, have all come + with an ample population for one Representative, and some of them with + nearly or quite enough for two. +</p> +<p> + To demonstrate the correctness of my views on this question, I subjoin + a table containing a list of the States admitted since the adoption + of the Federal Constitution, with the date of admission, the ratio of + representation, and the representative population when admitted, deduced + from the United States census tables, the calculation being made for the + period of the decade corresponding with the date of admission. +</p> +<p> + Colorado, which it is now proposed to admit as a State, contains, as has + already been stated, a population less than 28,000, while the present + ratio of representation is 127,000. +</p> +<p> + There can be no reason that I can perceive for the admission of + Colorado that would not apply with equal force to nearly every other + Territory now organized; and I submit whether, if this bill become a + law, it will be possible to resist the logical conclusion that such + Territories as Dakota, Montana, and Idaho must be received as States + whenever they present themselves, without regard to the number of + inhabitants they may respectively contain. Eight or ten new Senators and + four or five new members of the House of Representatives would thus be + admitted to represent a population scarcely exceeding that which in any + other portion of the nation is entitled to but a single member of the + House of Representatives, while the average for two Senators in the + Union, as now constituted, is at least 1,000,000 people. It would surely + be unjust to all other sections of the Union to enter upon a policy with + regard to the admission of new States which might result in conferring + such a disproportionate share of influence in the National Legislature + upon communities which, in pursuance of the wise policy of our fathers, + should for some years to come be retained under the fostering care + and protection of the National Government. If it is deemed just and + expedient now to depart from the settled policy of the nation during + all its history, and to admit all the Territories to the rights and + privileges of States, irrespective of their population or fitness + for such government, it is submitted whether it would not be well to + devise such measures as will bring the subject before the country for + consideration and decision. This would seem to be eminently wise, + because, as has already been stated, if it is right to admit Colorado + now there is no reason for the exclusion of the other Territories. +</p> +<p> + It is no answer to these suggestions that an enabling act was passed + authorizing the people of Colorado to take action on this subject. It is + well known that that act was passed in consequence of representations + that the population reached, according to some statements, as high as + 80,000, and to none less than 50,000, and was growing with a rapidity + which by the time the admission could be consummated would secure a + population of over 100,000. These representations proved to have been + wholly fallacious, and in addition the people of the Territory by a + deliberate vote decided that they would not assume the responsibilities + of a State government. By that decision they utterly exhausted all power + that was conferred by the enabling act, and there has been no step taken + since in relation to the admission that has had the slightest sanction + or warrant of law. +</p> +<p> + The proceeding upon which the present application is based was in the + utter absence of all law in relation to it, and there is no evidence + that the votes on the question of the formation of a State government + bear any relation whatever to the sentiment of the Territory. The + protest of the house of representatives previously quoted is conclusive + evidence to the contrary. +</p> +<p> + But if none of these reasons existed against this proposed enactment, + the bill itself, besides being inconsistent in its provisions in + conferring power upon a person unknown to the laws and who may never + have a legal existence, is so framed as to render its execution almost + impossible. It is, indeed, a question whether it is not in itself a + nullity. To say the least, it is of exceedingly doubtful propriety to + confer the power proposed in this bill upon the "governor elect," for as + by its own terms the constitution is not to take effect until after the + admission of the State, he in the meantime has no more authority than + any other private citizen. But even supposing him to be clothed with + sufficient authority to convene the legislature, what constitutes the + "State legislature" to which is to be referred the submission of the + conditions imposed by Congress? Is it a new body to be elected and + convened by proclamation of the "governor elect," or is it that body + which met more than a year ago under the provisions of the State + constitution? By reference to the second section of the schedule and to + the eighteenth section of the fourth article of the State constitution + it will be seen that the term of the members of the house of + representatives and that of one-half of the members of the senate + expired on the first Monday of the present month. It is clear that if + there were no intrinsic objections to the bill itself in relation to + purposes to be accomplished this objection would be fatal, as, it is + apparent that the provisions of the third section of the bill to admit + Colorado have reference to a period and a state of facts entirely + different from the present and affairs as they now exist, and if carried + into effect must necessarily lead to confusion. +</p> +<p> + Even if it were settled that the old and not a new body were to act, it + would be found impracticable to execute the law, because a considerable + number of the members, as I am informed, have ceased to be residents of + the Territory, and in the sixty days within which the legislature is to + be convened after the passage of the act there would not be sufficient + time to fill the vacancies by new elections, were there any authority + under which they could be held. +</p> +<p> + It may not be improper to add that if these proceedings were all regular + and the result to be obtained were desirable, simple justice to the + people of the Territory would require a longer period than sixty days + within which to obtain action on the conditions proposed by the third + section of the bill. There are, as is well known, large portions of the + Territory with which there is and can be no general communication, there + being several counties which from November to May can only be reached by + persons traveling on foot, while with other regions of the Territory, + occupied by a large portion of the population, there is very little more + freedom of access. Thus, if this bill should become a law, it would be + impracticable to obtain any expression of public sentiment in reference + to its provisions, with a view to enlighten the legislature, if the old + body were called together, and, of course, equally impracticable to + procure the election of a new body. This defect might have been remedied + by an extension of the time and a submission of the question to the + people, with a fair opportunity to enable them to express their + sentiments. +</p> +<p> + The admission of a new State has generally been regarded as an epoch in + our history marking the onward progress of the nation; but after the + most careful and anxious inquiry on the subject I can not perceive that + the proposed proceeding is in conformity with the policy which from the + origin of the Government has uniformly prevailed in the admission of new + States. I therefore return the bill to the Senate without my signature. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="border: solid; border-style: thin; border-width: .05em;"> +<table width="100%" summary="population and admission date information for various states"> +<tr style="font-weight: bold;"><td width="25%"> States</td><td align="right" width="25%">Admitted. </td><td align="right" width="25%">Ratio. </td><td align="right" width="25%">Population.</td></tr> +<tr><td> Vermont</td><td align="right">1791 </td><td align="right">33,000 </td><td align="right">92,320</td></tr> +<tr><td> Kentucky </td><td align="right">1792 </td><td align="right">33,000 </td><td align="right">95,638</td></tr> +<tr><td> Tennessee</td><td align="right">1796 </td><td align="right">33,000 </td><td align="right">73,864</td></tr> +<tr><td> Ohio </td><td align="right">1802 </td><td align="right">33,000 </td><td align="right">82,443</td></tr> +<tr><td> Louisiana</td><td align="right">1812 </td><td align="right">35,000 </td><td align="right">75,212</td></tr> +<tr><td> Indiana</td><td align="right">1816 </td><td align="right">35,000 </td><td align="right">98,110</td></tr> +<tr><td> Mississippi</td><td align="right">1817 </td><td align="right">35,000 </td><td align="right">53,677</td></tr> +<tr><td> Illinois </td><td align="right">1818 </td><td align="right">35,000 </td><td align="right">46,274</td></tr> +<tr><td> Alabama</td><td align="right">1819 </td><td align="right">35,000 </td><td align="right">111,150</td></tr> +<tr><td> Maine</td><td align="right">1820 </td><td align="right">35,000 </td><td align="right">298,335</td></tr> +<tr><td> Missouri </td><td align="right">1821 </td><td align="right">35,000 </td><td align="right">69,260</td></tr> +<tr><td> Arkansas </td><td align="right">1836 </td><td align="right">47,700 </td><td align="right">65,175</td></tr> +<tr><td> Michigan </td><td align="right">1837 </td><td align="right">47,700 </td><td align="right">158,073</td></tr> +<tr><td> Florida</td><td align="right">1845 </td><td align="right">70,680 </td><td align="right">57,951</td></tr> +<tr><td> Texas</td><td align="right">1845 </td><td align="right">70,680 </td><td align="right"><a href="#note-17"><small>17</small></a> 189,327 </td></tr> +<tr><td> Iowa </td><td align="right">1846 </td><td align="right">70,680 </td><td align="right">132,527</td></tr> +<tr><td> Wisconsin</td><td align="right">1848 </td><td align="right">70,680 </td><td align="right">250,497</td></tr> +<tr><td> California </td><td align="right">1850 </td><td align="right">70,680 </td><td align="right">92,597</td></tr> +<tr><td> Oregon </td><td align="right">1858 </td><td align="right">93,492 </td><td align="right">44,630</td></tr> +<tr><td> Minnesota</td><td align="right">1859 </td><td align="right">93,492 </td><td align="right">138,909</td></tr> +<tr><td> Kansas </td><td align="right">1861 </td><td align="right">93,492 </td><td align="right">107,206</td></tr> +<tr><td> West Virginia</td><td align="right">1862 </td><td align="right">93,492 </td><td align="right">349,628</td></tr> +<tr><td> Nevada </td><td align="right">1864 </td><td align="right">127,000 </td><td align="right">Not known.</td></tr> +</table> +</div> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I return for reconsideration a bill entitled "An act for the admission + of the State of Nebraska into the Union," which originated in the Senate + and has received the assent of both Houses of Congress. A bill having in + view the same object was presented for my approval a few hours prior to + the adjournment of the last session, but, submitted at a time when there + was no opportunity for a proper consideration of the subject, I withheld + my signature and the measure failed to become a law. +</p> +<p> + It appears by the preamble of this bill that the people of Nebraska, + availing themselves of the authority conferred upon them by the act + passed on the 19th day of April, 1864, "have adopted a constitution + which, upon due examination, is found to conform to the provisions and + comply with the conditions of said act, and to be republican in its form + of government, and that they now ask for admission into the Union." + This proposed law would therefore seem to be based upon the declaration + contained in the enabling act that upon compliance with its terms the + people of Nebraska should be admitted into the Union upon an equal + footing with the original States. Reference to the bill, however, shows + that while by the first section Congress distinctly accepts, ratifies, + and confirms the Constitution and State government which the people of + the Territory have formed for themselves, declares Nebraska to be one + of the United States of America, and admits her into the Union upon an + equal footing with the original States in all respects whatsoever, the + third section provides that this measure "shall not take effect except + upon the fundamental condition that within the State of Nebraska there + shall be no denial of the elective franchise, or of any other right, + to any person by reason of race or color, excepting Indians not + taxed; and upon the further fundamental condition that the legislature + of said State, by a solemn public act, shall declare the assent of + said State to the said fundamental condition, and shall transmit to + the President of the United States an authentic copy of said act, upon + receipt whereof the President, by proclamation, shall forthwith announce + the fact, whereupon said fundamental condition shall be held as a part + of the organic law of the State; and thereupon, and without any further + proceeding on the part of Congress, the admission of said State into the + Union shall be considered as complete." This condition is not mentioned + in the original enabling act; was not contemplated at the time of its + passage; was not sought by the people themselves; has not heretofore + been applied to the inhabitants of any State asking admission, and is in + direct conflict with the constitution adopted by the people and declared + in the preamble "to be republican in its form of government," for in + that instrument the exercise of the elective franchise and the right + to hold office are expressly limited to white citizens of the United + States. Congress thus undertakes to authorize and compel the legislature + to change a constitution which, it is declared in the preamble, has + received the sanction of the people, and which by this bill is + "accepted, ratified, and confirmed" by the Congress of the nation. +</p> +<p> + The first and third sections of the bill exhibit yet further + incongruity. By the one Nebraska is "admitted into the Union upon an + equal footing with the original States in all respects whatsoever," + while by the other Congress demands as a condition precedent to her + admission requirements which in our history have never been asked of + any people when presenting a constitution and State government for the + acceptance of the lawmaking power. It is expressly declared by the third + section that the bill "shall not take effect except upon the fundamental + condition that within the State of Nebraska there shall be no denial of + the elective franchise, or of any other right, to any person by reason + of race or color, excepting Indians not taxed." Neither more nor less + than the assertion of the right of Congress to regulate the elective + franchise of any State hereafter to be admitted, this condition is in + clear violation of the Federal Constitution, under the provisions of + which, from the very foundation of the Government, each State has been + left free to determine for itself the qualifications necessary for + the exercise of suffrage within its limits. Without precedent in our + legislation, it is in marked contrast with those limitations which, + imposed upon States that from time to time have become members of the + Union, had for their object the single purpose of preventing any + infringement of the Constitution of the country. +</p> +<p> + If Congress is satisfied that Nebraska at the present time possesses + sufficient population to entitle her to full representation in the + councils of the nation, and that her people desire an exchange of a + Territorial for a State government, good faith would seem to demand that + she should be admitted without further requirements than those expressed + in the enabling act, with all of which, it is asserted in the preamble, + her inhabitants have complied. Congress may, under the Constitution, + admit new States or reject them, but the people of a State can alone + make or change their organic law and prescribe the qualifications + requisite for electors. Congress, however, in passing the bill in the + shape in which it has been submitted for my approval, does not merely + reject the application of the people of Nebraska for present admission + as a State into the Union, on the ground that the constitution which + they have submitted restricts the exercise of the elective franchise to + the white population, but imposes conditions which, if accepted by the + legislature, may, without the consent of the people, so change the + organic law as to make electors of all persons within the State without + distinction of race or color. In view of this fact, I suggest for the + consideration of Congress whether it would not be just, expedient, and + in accordance with the principles of our Government to allow the people, + by popular vote or through a convention chosen by themselves for that + purpose, to declare whether or not they will accept the terms upon which + it is now proposed to admit them into the Union. This course would + not occasion much greater delay than that which the bill contemplates + when it requires that the legislature shall be convened within thirty + days after this measure shall have become a law for the purpose of + considering and deciding the conditions which it imposes, and gains + additional force when we consider that the proceedings attending the + formation of the State constitution were not in conformity with the + provisions of the enabling act; that in an aggregate vote of 7,776 the + majority in favor of the constitution did not exceed 100; and that it is + alleged that, in consequence of frauds, even this result can not be + received as a fair expression of the wishes of the people. As upon them + must fall the burdens of a State organization, it is but just that they + should be permitted to determine for themselves a question which so + materially affects their interests. Possessing a soil and a climate + admirably adapted to those industrial pursuits which bring prosperity + and greatness to a people, with the advantage of a central position + on the great highway that will soon connect the Atlantic and Pacific + States, Nebraska is rapidly gaining in numbers and wealth, and may + within a very brief period claim admission on grounds which will + challenge and secure universal assent. She can therefore wisely and + patiently afford to wait. Her population is said to be steadily and + even rapidly increasing, being now generally conceded as high as 40,000, + and estimated by some whose judgment is entitled to respect at a still + greater number. At her present rate of growth she will in a very short + time have the requisite population for a Representative in Congress, + and, what is far more important to her own citizens, will have realized + such an advance in material wealth as will enable the expenses of a + State government to be borne without oppression to the taxpayer. Of new + communities it may be said with special force—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. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 2, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have carefully examined the bill "to regulate the tenure of certain + civil offices." The material portion of the bill is contained in the + first section, and is of the effect following, namely: +</p> +<p class="q"> + That every person holding any civil office to which he has been + appointed, by and with the advice and consent of the Senate, and every + person who shall hereafter be appointed to any such office and shall + become duly qualified to act therein, is and shall be entitled + to hold such office until a successor shall have been appointed + by the President, with the advice and consent of the Senate, and duly + qualified; and that the Secretaries of State, of the Treasury, of War, + of the Navy, and of the Interior, the Postmaster-General, and the + Attorney-General shall hold their offices respectively for and during + the term of the President by whom they may have been appointed and for + one month thereafter, subject to removal by and with the advice and + consent of the Senate. +</p> +<p> + These provisions are qualified by a reservation in the fourth section, + "that nothing contained in the bill shall be construed to extend the + term of any office the duration of which is limited by law." In effect + the bill provides that the President shall not remove from their places + any of the civil officers whose terms of service are not limited by law + without the advice and consent of the Senate of the United States. The + bill in this respect conflicts, in my judgment, with the Constitution + of the United States. The question, as Congress is well aware, is by no + means a new one. That the power of removal is constitutionally vested + in the President of the United States is a principle which has been not + more distinctly declared by judicial authority and judicial commentators + than it has been uniformly practiced upon by the legislative and + executive departments of the Government. The question arose in the House + of Representatives so early as the 16th of June, 1789, on the bill for + establishing an Executive Department denominated "the Department of + Foreign Affairs." The first clause of the bill, after recapitulating + the functions of that officer and defining his duties, had these words: + "To be removable from office by the President of the United States." + It was moved to strike out these words and the motion was sustained + with great ability and vigor. It was insisted that the President could + not constitutionally exercise the power of removal exclusively of the + Senate; that the Federalist so interpreted the Constitution when arguing + for its adoption by the several States; that the Constitution had + nowhere given the President power of removal, either expressly or by + strong implication, but, on the contrary, had distinctly provided for + removals from office by impeachment only. +</p> +<p> + A construction which denied the power of removal by the President was + further maintained by arguments drawn from the danger of the abuse of + the power; from the supposed tendency of an exposure of public officers + to capricious removal to impair the efficiency of the civil service; + from the alleged injustice and hardship of displacing incumbents + dependent upon their official stations without sufficient consideration; + from a supposed want of responsibility on the part of the President, and + from an imagined defect of guaranties against a vicious President who + might incline to abuse the power. On the other hand, an exclusive power + of removal by the President was defended as a true exposition of the + text of the Constitution. It was maintained that there are certain + causes for which persons ought to be removed from office without being + guilty of treason, bribery, or malfeasance, and that the nature of + things demands that it should be so. "Suppose," it was said, "a man + becomes insane by the visitation of God and is likely to ruin our + affairs; are the hands of the Government to be confined from warding off + the evil? Suppose a person in office not possessing the talents he was + judged to have at the time of the appointment; is the error not to be + corrected? Suppose he acquires vicious habits and incurable indolence or + total neglect of the duties of his office, which shall work mischief to + the public welfare; is there no way to arrest the threatened danger? + Suppose he becomes odious and unpopular by reason of the measures he + pursues—and this he may do without committing any positive offense + against the law; must he preserve his office in despite of the popular + will? Suppose him grasping for his own aggrandizement and the elevation + of his connections by every means short of the treason defined by the + Constitution, hurrying your affairs to the precipice of destruction, + endangering your domestic tranquillity, plundering you of the means of + defense, alienating the affections of your allies and promoting the + spirit of discord; must the tardy, tedious, desultory road by way of + impeachment be traveled to overtake the man who, barely confining + himself within the letter of the law, is employed in drawing off the + vital principle of the Government? The nature of things, the great + objects of society, the express objects of the Constitution itself, + require that this thing should be otherwise. To unite the Senate with + the President in the exercise of the power," it was said, "would involve + us in the most serious difficulty. Suppose a discovery of any of those + events should take place when the Senate is not in session; how is the + remedy to be applied? The evil could be avoided in no other way than by + the Senate sitting always." In regard to the danger of the power being + abused if exercised by one man it was said "that the danger is as great + with respect to the Senate, who are assembled from various parts of the + continent, with different impressions and opinions;" "that such a body + is more likely to misuse the power of removal than the man whom the + united voice of America calls to the Presidential chair. As the nature + of government requires the power of removal," it was maintained "that it + should be exercised in this way by the hand capable of exerting itself + with effect; and the power must be conferred on the President by the + Constitution as the executive officer of the Government." +</p> +<p> + Mr. Madison, whose adverse opinion in the Federalist had been relied + upon by those who denied the exclusive power, now participated in the + debate. He declared that he had reviewed his former opinions, and he + summed up the whole case as follows: +</p> +<p class="q"> + The Constitution affirms that the executive power is vested in the + President. Are there exceptions to this proposition? Yes; there are. + The Constitution says that in appointing to office the Senate shall be + associated with the President, unless in the case of inferior officers, + when the law shall otherwise direct. Have we (that is, Congress) a + right to extend this exception? I believe not. If the Constitution has + invested all executive power in the President, I venture to assert + that the Legislature has no right to diminish or modify his executive + authority. The question now resolves itself into this: Is the power of + displacing an executive power? I conceive that if any power whatsoever + is in the Executive it is the power of appointing, overseeing, and + controlling those who execute the laws. If the Constitution had not + qualified the power of the President in appointing to office by + associating the Senate with him in that business, would it not be clear + that he would have the right by virtue of his executive power to make + such appointment? Should we be authorized in defiance of that clause + in the Constitution, "The executive power shall be vested in the + President," to unite the Senate with the President in the appointment + to office? I conceive not. If it is admitted that we should not be + authorized to do this, I think it may be disputed whether we have a + right to associate them in removing persons from office, the one power + being as much of an executive nature as the other; and the first one is + authorized by being excepted out of the general rule established by the + Constitution in these words: "The executive power shall be vested in the + President." +</p> +<p> + The question, thus ably and exhaustively argued, was decided by the + House of Representatives, by a vote of 34 to 20, in favor of the + principle that the executive power of removal is vested by the + Constitution in the Executive, and in the Senate by the casting vote + of the Vice-President. +</p> +<p> + The question has often been raised in subsequent times of high + excitement, and the practice of the Government has, nevertheless, + conformed in all cases to the decision thus early made. +</p> +<p> + The question was revived during the Administration of President Jackson, + who made, as is well recollected, a very large number of removals, which + were made an occasion of close and rigorous scrutiny and remonstrance. + The subject was long and earnestly debated in the Senate, and the early + construction of the Constitution was, nevertheless, freely accepted as + binding and conclusive upon Congress. +</p> +<p> + The question came before the Supreme Court of the United States in + January, 1839, <i>ex parte</i> Hennen. It was declared by the court on that + occasion that the power of removal from office was a subject much + disputed, and upon which a great diversity of opinion was entertained in + the early history of the Government. This related, however, to the power + of the President to remove officers appointed with the concurrence of + the Senate, and the great question was whether the removal was to be + by the President alone or with the concurrence of the Senate, both + constituting the appointing power. No one denied the power of the + President and Senate jointly to remove where the tenure of the office + was not fixed by the Constitution, which was a full recognition of the + principle that the power of removal was incident to the power of + appointment; but it was very early adopted as a practical construction + of the Constitution that this power was vested in the President alone, + and such would appear to have been the legislative construction of the + Constitution, for in the organization of the three great Departments of + State, War, and Treasury, in the year 1789, provision was made for the + appointment of a subordinate officer by the head of the Department, who + should have charge of the records, books, and papers appertaining to the + office when the head of the Department should be removed from office + by the President of the United States. When the Navy Department was + established, in the year 1798, provision was made for the charge and + custody of the books, records, and documents of the Department in case + of vacancy in the office of Secretary by removal or otherwise. It is not + here said "by removal of the President," as is done with respect to the + heads of the other Departments, yet there can be no doubt that he holds + his office with the same tenure as the other Secretaries and is + removable by the President. The change of phraseology arose, probably, + from its having become the settled and well-understood construction of + the Constitution that the power of removal was vested in the President + alone in such cases, although the appointment of the officer is by the + President and Senate. (13 Peters, p. 139.) +</p> +<p> + Our most distinguished and accepted commentators upon the Constitution + concur in the construction thus early given by Congress, and thus + sanctioned by the Supreme Court. After a full analysis of the + Congressional debate to which I have referred, Mr. Justice Story comes + to this conclusion: +</p> +<p class="q"> + After a most animated discussion, the vote finally taken in the House + of Representatives was affirmative of the power of removal in the + President, without any cooperation of the Senate, by the vote of 34 + members against 20. In the Senate the clause in the bill affirming the + power was carried by the casting vote of the Vice-President. That the + final decision of this question so made was greatly influenced by the + exalted character of the President then in office was asserted at the + time and has always been believed; yet the doctrine was opposed as well + as supported by the highest talents and patriotism of the country. The + public have acquiesced in this decision, and it constitutes, perhaps, + the most extraordinary case in the history of the Government of a power + conferred by implication on the Executive by the assent of a bare + majority of Congress which has not been questioned on many other + occasions. +</p> +<p> + The commentator adds: +</p> +<p class="q"> + Nor is this general acquiescence and silence without a satisfactory + explanation. +</p> +<p> + Chancellor Kent's remarks on the subject are as follows: +</p> +<p class="q"> + On the first organization of the Government it was made a question + whether the power of removal in case of officers appointed to hold + at pleasure resided nowhere but in the body which appointed, and, of + course, whether the consent of the Senate was not requisite to remove. + This was the construction given to the Constitution, while it was + pending for ratification before the State conventions, by the author of + the Federalist. But the construction which was given to the Constitution + by Congress, after great consideration and discussion, was different. + The words of the act [establishing the Treasury Department] are: "And + whenever the same shall be removed from office by the President of + the United States, or in any other case of vacancy in the office, the + assistant shall act." This amounted to a legislative construction of the + Constitution, and it has ever since been acquiesced in and acted upon + as a decisive authority in the case. It applies equally to every other + officer of the Government appointed by the President, whose term of + duration is not specially declared. It is supported by the weighty + reason that the subordinate officers in the executive department ought + to hold at the pleasure of the head of the department, because he is + invested generally with the executive authority, and the participation + in that authority by the Senate was an exception to a general principle + and ought to be taken strictly. The President is the great responsible + officer for the faithful execution of the law, and the power of removal + was incidental to that duty, and might often be requisite to fulfill it. +</p> +<p> + Thus has the important question presented by this bill been settled, in + the language of the late Daniel Webster (who, while dissenting from it, + admitted that it was settled), by construction, settled by precedent, + settled by the practice of the Government, and settled by statute. The + events of the last war furnished a practical confirmation of the wisdom + of the Constitution as it has hitherto been maintained in many of its + parts, including that which is now the subject of consideration. When + the war broke out, rebel enemies, traitors, abettors, and sympathizers + were found in every Department of the Government, as well in the civil + service as in the land and naval military service. They were found in + Congress and among the keepers of the Capitol; in foreign missions; in + each and all the Executive Departments; in the judicial service; in the + post-office, and among the agents for conducting Indian affairs. Upon + probable suspicion they were promptly displaced by my predecessor, so + far as they held their offices under executive authority, and their + duties were confided to new and loyal successors. No complaints against + that power or doubts of its wisdom were entertained in any quarter. I + sincerely trust and believe that no such civil war is likely to occur + again. I can not doubt, however, that in whatever form and on whatever + occasion sedition can raise an effort to hinder or embarrass or defeat + the legitimate action of this Government, whether by preventing the + collection of revenue, or disturbing the public peace, or separating the + States, or betraying the country to a foreign enemy, the power of + removal from office by the Executive, as it has heretofore existed and + been practiced, will be found indispensable. +</p> +<p> + Under these circumstances, as a depositary of the executive authority of + the nation, I do not feel at liberty to unite with Congress in reversing + it by giving my approval to the bill. At the early day when this + question was settled, and, indeed, at the several periods when it has + subsequently been agitated, the success of the Constitution of the + United States, as a new and peculiar system of free representative + government, was held doubtful in other countries, and was even a subject + of patriotic apprehension among the American people themselves. A trial + of nearly eighty years, through the vicissitudes of foreign conflicts + and of civil war, is confidently regarded as having extinguished all + such doubts and apprehensions for the future. During that eighty years + the people of the United States have enjoyed a measure of security, + peace, prosperity, and happiness never surpassed by any nation. It can + not be doubted that the triumphant success of the Constitution is due + to the wonderful wisdom with which the functions of government were + distributed between the three principal departments—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. +</p> +<p> + Having at an early period accepted the Constitution in regard to the + Executive office in the sense in which it was interpreted with the + concurrence of its founders, I have found no sufficient grounds in the + arguments now opposed to that construction or in any assumed necessity + of the times for changing those opinions. For these reasons I return + the bill to the Senate, in which House it originated, for the further + consideration of Congress which the Constitution prescribes. Insomuch as + the several parts of the bill which I have not considered are matters + chiefly of detail and are based altogether upon the theory of the + Constitution from which I am obliged to dissent, I have not thought + it necessary to examine them with a view to make them an occasion of + distinct and special objections. +</p> +<p> + Experience, I think, has shown that it is the easiest, as it is + also the most attractive, of studies to frame constitutions for the + self-government of free states and nations. But I think experience has + equally shown that it is the most difficult of all political labors to + preserve and maintain such free constitutions of self-government when + once happily established. I know no other way in which they can be + preserved and maintained except by a constant adherence to them through + the various vicissitudes of national existence, with such adaptations + as may become necessary, always to be effected, however, through the + agencies and in the forms prescribed in the original constitutions + themselves. +</p> +<p> + Whenever administration fails or seems to fail in securing any of the + great ends for which republican government is established, the proper + course seems to be to renew the original spirit and forms of the + Constitution itself. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 2, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have examined the bill "to provide for the more efficient government + of the rebel States" with the care and anxiety which its transcendent + importance is calculated to awaken. I am unable to give it my assent, + for reasons so grave that I hope a statement of them may have some + influence on the minds of the patriotic and enlightened men with whom + the decision must ultimately rest. +</p> +<p> + The bill places all the people of the ten States therein named under the + absolute domination of military rulers; and the preamble undertakes to + give the reason upon which the measure is based and the ground upon + which it is justified. It declares that there exists in those States no + legal governments and no adequate protection for life or property, and + asserts the necessity of enforcing peace and good order within their + limits. Is this true as matter of fact? +</p> +<p> + It is not denied that the States in question have each of them + an actual government, with all the powers—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 <i>de facto</i> government, exercising such functions as these, + is itself the law of the state upon all matters within its jurisdiction. + To pronounce the supreme law-making power of an established state + illegal is to say that law itself is unlawful. +</p> +<p> + The provisions which these governments have made for the preservation + of order, the suppression of crime, and the redress of private injuries + are in substance and principle the same as those which prevail in the + Northern States and in other civilized countries. They certainly have + not succeeded in preventing the commission of all crime, nor has this + been accomplished anywhere in the world. There, as well as elsewhere, + offenders sometimes escape for want of vigorous prosecution, and + occasionally, perhaps, by the inefficiency of courts or the prejudice of + jurors. It is undoubtedly true that these evils have been much increased + and aggravated, North and South, by the demoralizing influences of civil + war and by the rancorous passions which the contest has engendered. But + that these people are maintaining local governments for themselves which + habitually defeat the object of all government and render their own + lives and property insecure is in itself utterly improbable, and the + averment of the bill to that effect is not supported by any evidence + which has come to my knowledge. All the information I have on the + subject convinces me that the masses of the Southern people and those + who control their public acts, while they entertain diverse opinions + on questions of Federal policy, are completely united in the effort to + reorganize their society on the basis of peace and to restore their + mutual prosperity as rapidly and as completely as their circumstances + will permit. +</p> +<p> + The bill, however, would seem to show upon its face that the + establishment of peace and good order is not its real object. The fifth + section declares that the preceding sections shall cease to operate in + any State where certain events shall have happened. These events are, + first, the selection of delegates to a State convention by an election + at which negroes shall be allowed to vote; second, the formation of a + State constitution by the convention so chosen; third, the insertion + into the State constitution of a provision which will secure the right + of voting at all elections to negroes and to such white men as may + not be disfranchised for rebellion or felony; fourth, the submission + of the constitution for ratification to negroes and white men not + disfranchised, and its actual ratification by their vote; fifth, the + submission of the State constitution to Congress for examination and + approval, and the actual approval of it by that body; sixth, the + adoption of a certain amendment to the Federal Constitution by a vote + of the legislature elected under the new constitution; seventh, the + adoption of said amendment by a sufficient number of other States to + make it a part of the Constitution of the United States. All these + conditions must be fulfilled before the people of any of these States + can be relieved from the bondage of military domination; but when they + are fulfilled, then immediately the pains and penalties of the bill are + to cease, no matter whether there be peace and order or not, and without + any reference to the security of life or property. The excuse given for + the bill in the preamble is admitted by the bill itself not to be real. + The military rule which it establishes is plainly to be used, not for + any purpose of order or for the prevention of crime, but solely as + a means of coercing the people into the adoption of principles and + measures to which it is known that they are opposed, and upon which + they have an undeniable right to exercise their own judgment. +</p> +<p> + I submit to Congress whether this measure is not in its whole character, + scope, and object without precedent and without authority, in palpable + conflict with the plainest provisions of the Constitution, and utterly + destructive to those great principles of liberty and humanity for which + our ancestors on both sides of the Atlantic have shed so much blood and + expended so much treasure. +</p> +<p> + The ten States named in the bill are divided into five districts. + For each district an officer of the Army, not below the rank of a + brigadier-general, is to be appointed to rule over the people; and he + is to be supported with an efficient military force to enable him to + perform his duties and enforce his authority. Those duties and that + authority, as defined by the third section of the bill, are "to protect + all persons in their rights of person and property, to suppress + insurrection, disorder, and violence, and to punish or cause to be + punished all disturbers of the public peace or criminals." The power + thus given to the commanding officer over all the people of each + district is that of an absolute monarch. His mere will is to take the + place of all law. The law of the States is now the only rule applicable + to the subjects placed under his control, and that is completely + displaced by the clause which declares all interference of State + authority to be null and void. He alone is permitted to determine what + are rights of person or property, and he may protect them in such way as + in his discretion may seem proper. It places at his free disposal all + the lands and goods in his district, and he may distribute them without + let or hindrance to whom he pleases. Being bound by no State law, and + there being no other law to regulate the subject, he may make a criminal + code of his own; and he can make it as bloody as any recorded in + history, or he can reserve the privilege of acting upon the impulse of + his private passions in each case that arises. He is bound by no rules + of evidence; there is, indeed, no provision by which he is authorized or + required to take any evidence at all. Everything is a crime which he + chooses to call so, and all persons are condemned whom he pronounces to + be guilty. He is not bound to keep any record or make any report of his + proceedings. He may arrest his victims wherever he finds them, without + warrant, accusation, or proof of probable cause. If he gives them a + trial before he inflicts the punishment, he gives it of his grace and + mercy, not because he is commanded so to do. +</p> +<p> + To a casual reader of the bill it might seem that some kind of trial was + secured by it to persons accused of crime, but such is not the case. + The officer "may allow local civil tribunals to try offenders," but + of course this does not require that he shall do so. If any State or + Federal court presumes to exercise its legal jurisdiction by the trial + of a malefactor without his special permission, he can break it up and + punish the judges and jurors as being themselves malefactors. He can + save his friends from justice, and despoil his enemies contrary to + justice. +</p> +<p> + It is also provided that "he shall have power to organize military + commissions or tribunals:" but this power he is not commanded to + exercise. It is merely permissive, and is to be used only "when in his + judgment it may be necessary for the trial of offenders." Even if the + sentence of a commission were made a prerequisite to the punishment + of a party, it would be scarcely the slightest check upon the officer, + who has authority to organize it as he pleases, prescribe its mode of + proceeding, appoint its members from his own subordinates, and revise + all its decisions. Instead of mitigating the harshness of his single + rule, such a tribunal would be used much more probably to divide the + responsibility of making it more cruel and unjust. +</p> +<p> + Several provisions dictated by the humanity of Congress have + been inserted in the bill, apparently to restrain the power of the + commanding officer; but it seems to me that they are of no avail for + that purpose. The fourth section provides: First. That trials shall not + be unnecessarily delayed; but I think I have shown that the power is + given to punish without trial; and if so, this provision is practically + inoperative. Second. Cruel or unusual punishment is not to be inflicted; + but who is to decide what is cruel and what is unusual? The words have + acquired a legal meaning by long use in the courts. Can it be expected + that military officers will understand or follow a rule expressed in + language so purely technical and not pertaining in the least degree + to their profession? If not, then each officer may define cruelty + according to his own temper, and if it is not usual he will make it + usual. Corporal punishment, imprisonment, the gag, the ball and chain, + and all the almost insupportable forms of torture invented for military + punishment lie within the range of choice. Third. The sentence of + a commission is not to be executed without being approved by the + commander, if it affects life or liberty, and a sentence of death must + be approved by the President. This applies to cases in which there has + been a trial and sentence. I take it to be clear, under this bill, that + the military commander may condemn to death without even the form of a + trial by a military commission, so that the life of the condemned may + depend upon the will of two men instead of one. +</p> +<p> + It is plain that the authority here given to the military officer + amounts to absolute despotism. But to make it still more unendurable, + the bill provides that it may be delegated to as many subordinates as he + chooses to appoint, for it declares that he shall "punish or cause to be + punished." Such a power has not been wielded by any monarch in England + for more than five hundred years. In all that time no people who speak + the English language have borne such servitude. It reduces the whole + population of the ten States—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. +</p> +<p> + It may be answered to this that the officers of the Army are too + magnanimous, just, and humane to oppress and trample upon a subjugated + people. I do not doubt that army officers are as well entitled to this + kind of confidence as any other class of men. But the history of the + world has been written in vain if it does not teach us that unrestrained + authority can never be safely trusted in human hands. It is almost sure + to be more or less abused under any circumstances, and it has always + resulted in gross tyranny where the rulers who exercise it are strangers + to their subjects and come among them as the representatives of a + distant power, and more especially when the power that sends them is + unfriendly. Governments closely resembling that here proposed have been + fairly tried in Hungary and Poland, and the suffering endured by those + people roused the sympathies of the entire world. It was tried in + Ireland, and, though tempered at first by principles of English law, + it gave birth to cruelties so atrocious that they are never recounted + without just indignation. The French Convention armed its deputies with + this power and sent them to the southern departments of the Republic. + The massacres, murders, and other atrocities which they committed show + what the passions of the ablest men in the most civilized society will + tempt them to do when wholly unrestrained by law. +</p> +<p> + The men of our race in every age have struggled to tie up the hands + of their governments and keep them within the law, because their own + experience of all mankind taught them that rulers could not be relied + on to concede those lights which they were not legally bound to respect. + The head of a great empire has sometimes governed it with a mild and + paternal sway, but the kindness of an irresponsible deputy never yields + what the law does not extort from him. Between such a master and the + people subjected to his domination there can be nothing but enmity; he + punishes them if they resist his authority, and if they submit to it + he hates them for their servility. +</p> +<p> + I come now to a question which is, if possible, still more important. + Have we the power to establish and carry into execution a measure like + this? I answer, Certainly not, if we derive our authority from the + Constitution and if we are bound by the limitations which it imposes. +</p> +<p> + This proposition is perfectly clear, that no branch of the Federal + Government—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. +</p> +<p> + Some persons assume that the success of our arms in crushing the + opposition which was made in some of the States to the execution of the + Federal laws reduced those States and all their people—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. +</p> +<p> + Invasion, insurrection, rebellion, and domestic violence were + anticipated when the Government was framed, and the means of repelling + and suppressing them were wisely provided for in the Constitution; but + it was not thought necessary to declare that the States in which they + might occur should be expelled from the Union. Rebellions, which were + invariably suppressed, occurred prior to that out of which these + questions grow; but the States continued to exist and the Union remained + unbroken. In Massachusetts, in Pennsylvania, in Rhode Island, and in New + York, at different periods in our history, violent and armed opposition + to the United States was carried on; but the relations of those States + with the Federal Government were not supposed to be interrupted or + changed thereby after the rebellious portions of their population were + defeated and put down. It is true that in these earlier cases there was + no formal expression of a determination to withdraw from the Union, but + it is also true that in the Southern States the ordinances of secession + were treated by all the friends of the Union as mere nullities and are + now acknowledged to be so by the States themselves. If we admit that + they had any force or validity or that they did in fact take the States + in which they were passed out of the Union, we sweep from under our feet + all the grounds upon which we stand in justifying the use of Federal + force to maintain the integrity of the Government. +</p> +<p> + This is a bill passed by Congress in time of peace. There is not + in any one of the States brought under its operation either war or + insurrection. The laws of the States and of the Federal Government are + all in undisturbed and harmonious operation. The courts, State and + Federal, are open and in the full exercise of their proper authority. + Over every State comprised in these five military districts, life, + liberty, and property are secured by State laws and Federal laws, and + the National Constitution is everywhere in force and everywhere obeyed. + What, then, is the ground on which this bill proceeds? The title of the + bill announces that it is intended "for the more efficient government" + of these ten States. It is recited by way of preamble that no legal + State governments "nor adequate protection for life or property" exist + in those States, and that peace and good order should be thus enforced. + The first thing which arrests attention upon these recitals, which + prepare the way for martial law, is this, that the only foundation + upon which martial law can exist under our form of government is not + stated or so much as pretended. Actual war, foreign invasion, domestic + insurrection—none of these appear; and none of these, in fact, exist. + It is not even recited that any sort of war or insurrection is + threatened. Let us pause here to consider, upon this question of + constitutional law and the power of Congress, a recent decision of + the Supreme Court of the United States in <i>ex parte</i> Milligan. +</p> +<p> + I will first quote from the opinion of the majority of the court: +</p> +<p class="q"> + Martial law can not arise from a threatened invasion. The necessity + must be actual and present, the invasion real, such as effectually + closes the courts and deposes the civil administration. +</p> +<p> + We see that martial law comes in only when actual war closes the courts + and deposes the civil authority; but this bill, in time of peace, makes + martial law operate as though we were in actual war, and becomes the + <i>cause</i> instead of the <i>consequence</i> of the abrogation of civil + authority. One more quotation: +</p> +<p class="q"> + It follows from what has been said on this subject that there are + occasions when martial law can be properly applied. If in foreign + invasion or civil war the courts are actually closed, and it is + impossible to administer criminal justice according to law, <i>then</i>, on + the theater of active military operations, where war really prevails, + there is a necessity to furnish a substitute for the civil authority + thus overthrown, to preserve the safety of the army and society; and as + no power is left but the military, it is allowed to govern by martial + rule until the laws can have their free course. +</p> +<p> + I now quote from the opinion of the minority of the court, delivered by + Chief Justice Chase: +</p> +<p class="q"> + We by no means assert that Congress can establish and apply the laws of + war where no war has been declared or exists. Where peace exists, the + laws of peace must prevail. +</p> +<p> + This is sufficiently explicit. Peace exists in all the territory to + which this bill applies. It asserts a power in Congress, in time of + peace, to set aside the laws of peace and to substitute the laws of war. + The minority, concurring with the majority, declares that Congress does + not possess that power. Again, and, if possible, more emphatically, the + Chief Justice, with remarkable clearness and condensation, sums up the + whole matter as follows: +</p> +<p class="q"> + There are under the Constitution three kinds of military + jurisdiction—one to be exercised both in peace and war; another to be + exercised in time of foreign war without the boundaries of the United + States, or in time of rebellion and civil war within States or districts + occupied by rebels treated as belligerents; and a third to be exercised + in time of invasion or insurrection within the limits of the United + States, or during rebellion within the limits of the States maintaining + adhesion to the National Government, when the public danger requires its + exercise. The first of these may be called jurisdiction under military + law, and is found in acts of Congress prescribing rules and articles of + war or otherwise providing for the government of the national forces; + the second may be distinguished as military government, superseding + as far as may be deemed expedient the local law, and exercised by + the military commander under the direction of the President, with + the express or implied sanction of Congress; while the third may be + denominated martial law proper, and is called into action by Congress, + or temporarily, when the action of Congress can not be invited, and in + the case of justifying or excusing peril, by the President, in times of + insurrection or invasion or of civil or foreign war, within districts + or localities where ordinary law no longer adequately secures public + safety and private rights. +</p> +<p> + It will be observed that of the three kinds of military jurisdiction + which can be exercised or created under our Constitution there is but + one that can prevail in time of peace, and that is the code of laws + enacted by Congress for the government of the national forces. That body + of military law has no application to the citizen, nor even to the + citizen soldier enrolled in the militia in time of peace. But this bill + is not a part of that sort of military law, for that applies only to the + soldier and not to the citizen, whilst, contrariwise, the military law + provided by this bill applies only to the citizen and not to the + soldier. +</p> +<p> + I need not say to the representatives of the American people that their + Constitution forbids the exercise of judicial power in any way but + one—that is, by the ordained and established courts. It is equally well + known that in all criminal cases a trial by jury is made indispensable + by the express words of that instrument. I will not enlarge on the + inestimable value of the right thus secured to every freeman or speak + of the danger to public liberty in all parts of the country which must + ensue from a denial of it anywhere or upon any pretense. A very recent + decision of the Supreme Court has traced the history, vindicated the + dignity, and made known the value of this great privilege so clearly + that nothing more is needed. To what extent a violation of it might be + excused in time of war or public danger may admit of discussion, but we + are providing now for a time of profound peace, when there is not an + armed soldier within our borders except those who are in the service + of the Government. It is in such a condition of things that an act of + Congress is proposed which, if carried out, would deny a trial by the + lawful courts and juries to 9,000,000 American citizens and to their + posterity for an indefinite period. It seems to be scarcely possible + that anyone should seriously believe this consistent with a Constitution + which declares in simple, plain, and unambiguous language that all + persons shall have that right and that no person shall ever in any case + be deprived of it. The Constitution also forbids the arrest of the + citizen without judicial warrant, founded on probable cause. This bill + authorizes an arrest without warrant, at the pleasure of a military + commander. The Constitution declares that "no person shall be held to + answer for a capital or otherwise infamous crime unless on presentment + by a grand jury." This bill holds every person not a soldier answerable + for all crimes and all charges without any presentment. The Constitution + declares that "no person shall be deprived of life, liberty, or property + without due process of law." This bill sets aside all process of law, + and makes the citizen answerable in his person and property to the + will of one man, and as to his life to the will of two. Finally, the + Constitution declares that "the privilege of the writ of <i>habeas corpus</i> + shall not be suspended unless when, in case of rebellion or invasion, + the public safety may require it;" whereas this bill declares martial + law (which of itself suspends this great writ) in time of peace, and + authorizes the military to make the arrest, and gives to the prisoner + only one privilege, and that is a trial "without unnecessary delay." + He has no hope of release from custody, except the hope, such as it is, + of release by acquittal before a military commission. +</p> +<p> + The United States are bound to guarantee to each State a republican form + of government. Can it be pretended that this obligation is not palpably + broken if we carry out a measure like this, which wipes away every + vestige of republican government in ten States and puts the life, + property, liberty, and honor of all the people in each of them under + the domination of a single person clothed with unlimited authority? +</p> +<p> + The Parliament of England, exercising the omnipotent power which it + claimed, was accustomed to pass bills of attainder; that is to say, it + would convict men of treason and other crimes by legislative enactment. + The person accused had a hearing, sometimes a patient and fair one, but + generally party prejudice prevailed instead of justice. It often became + necessary for Parliament to acknowledge its error and reverse its own + action. The fathers of our country determined that no such thing should + occur here. They withheld the power from Congress, and thus forbade its + exercise by that body, and they provided in the Constitution that no + State should pass any bill of attainder. It is therefore impossible for + any person in this country to be constitutionally convicted or punished + for any crime by a legislative proceeding of any sort. Nevertheless, + here is a bill of attainder against 9,000,000 people at once. It is + based upon an accusation so vague as to be scarcely intelligible and + found to be true upon no credible evidence. Not one of the 9,000,000 was + heard in his own defense. The representatives of the doomed parties were + excluded from all participation in the trial. The conviction is to be + followed by the most ignominious punishment ever inflicted on large + masses of men. It disfranchises them by hundreds of thousands and + degrades them all, even those who are admitted to be guiltless, from + the rank of freemen to the condition of slaves. +</p> +<p> + The purpose and object of the bill—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. +</p> +<p> + This bill imposes martial law at once, and its operations will begin + so soon as the general and his troops can be put in place. The dread + alternative between its harsh rule and compliance with the terms of this + measure is not suspended, nor are the people afforded any time for free + deliberation. The bill says to them, take martial law first, <i>then</i> + deliberate. And when they have done all that this measure requires them + to do other conditions and contingencies over which they have no control + yet remain to be fulfilled before they can be relieved from martial law. + Another Congress must first approve the Constitution made in conformity + with the will of this Congress and must declare these States entitled to + representation in both Houses. The whole question thus remains open and + unsettled and must again occupy the attention of Congress; and in the + meantime the agitation which now prevails will continue to disturb all + portions of the people. +</p> +<p> + The bill also denies the legality of the governments of ten of the + States which participated in the ratification of the amendment to the + Federal Constitution abolishing slavery forever within the jurisdiction + of the United States and practically excludes them from the Union. If + this assumption of the bill be correct, their concurrence can not be + considered as having been legally given, and the important fact is made + to appear that the consent of three-fourths of the States—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. +</p> +<p> + That the measure proposed by this bill does violate the Constitution + in the particulars mentioned and in many other ways which I forbear + to enumerate is too clear to admit of the least doubt. It only remains + to consider whether the injunctions of that instrument ought to be + obeyed or not. I think they ought to be obeyed, for reasons which I will + proceed to give as briefly as possible. +</p> +<p> + In the first place, it is the only system of free government which we + can hope to have as a nation. When it ceases to be the rule of our + conduct, we may perhaps take our choice between complete anarchy, a + consolidated despotism, and a total dissolution of the Union; but + national liberty regulated by law will have passed beyond our reach. +</p> +<p> + It is the best frame of government the world ever saw. No other is or + can be so well adapted to the genius, habits, or wants of the American + people. Combining the strength of a great empire with unspeakable + blessings of local self-government, having a central power to defend the + general interests, and recognizing the authority of the States as the + guardians of industrial rights, it is "the sheet anchor of our safety + abroad and our peace at home." It was ordained "to form a more perfect + union, establish justice, insure domestic tranquillity, promote the + general welfare, provide for the common defense, and secure the + blessings of liberty to ourselves and to our posterity." These great + ends have been attained heretofore, and will be again by faithful + obedience to it; but they are certain to be lost if we treat with + disregard its sacred obligations. +</p> +<p> + It was to punish the gross crime of defying the Constitution and to + vindicate its supreme authority that we carried on a bloody war of four + years' duration. Shall we now acknowledge that we sacrificed a million + of lives and expended billions of treasure to enforce a Constitution + which is not worthy of respect and preservation? +</p> +<p> + Those who advocated the right of secession alleged in their own + justification that we had no regard for law and that their rights of + property, life, and liberty would not be safe under the Constitution as + administered by us. If we now verify their assertion, we prove that they + were in truth and in fact fighting for their liberty, and instead of + branding their leaders with the dishonoring name of traitors against a + righteous and legal government we elevate them in history to the rank + of self-sacrificing patriots, consecrate them to the admiration of the + world, and place them by the side of Washington, Hampden, and Sidney. + No; let us leave them to the infamy they deserve, punish them as they + should be punished, according to law, and take upon ourselves no share + of the odium which they should bear alone. +</p> +<p> + It is a part of our public history which can never be forgotten that + both Houses of Congress, in July, 1861, declared in the form of a solemn + resolution that the war was and should be carried on for no purpose of + subjugation, but solely to enforce the Constitution and laws, and that + when this was yielded by the parties in rebellion the contest should + cease, with the constitutional rights of the States and of individuals + unimpaired. This resolution was adopted and sent forth to the world + unanimously by the Senate and with only two dissenting voices in the + House. It was accepted by the friends of the Union in the South as well + as in the North as expressing honestly and truly the object of the war. + On the faith of it many thousands of persons in both sections gave their + lives and their fortunes to the cause. To repudiate it now by refusing + to the States and to the individuals within them the rights which the + Constitution and laws of the Union would secure to them is a breach of + our plighted honor for which I can imagine no excuse and to which I + cannot voluntarily become a party. +</p> +<p> + The evils which spring from the unsettled state of our Government will + be acknowledged by all. Commercial intercourse is impeded, capital is in + constant peril, public securities fluctuate in value, peace itself is + not secure, and the sense of moral and political duty is impaired. To + avert these calamities from our country it is imperatively required that + we should immediately decide upon some course of administration which + can be steadfastly adhered to. I am thoroughly convinced that any + settlement or compromise or plan of action which is inconsistent with + the principles of the Constitution will not only be unavailing, but + mischievous; that it will but multiply the present evils, instead of + removing them. The Constitution, in its whole integrity and vigor, + throughout the length and breadth of the land, is the best of all + compromises. Besides, our duty does not, in my judgment, leave us a + choice between that and any other. I believe that it contains the remedy + that is so much needed, and that if the coordinate branches of the + Government would unite upon its provisions they would be found broad + enough and strong enough to sustain in time of peace the nation which + they bore safely through the ordeal of a protracted civil war. Among the + most sacred guaranties of that instrument are those which declare that + "each State shall have at least one Representative," and that "no + State, without its consent, shall be deprived of its equal suffrage in + the Senate." Each House is made the "judge of the elections, returns, + and qualifications of its own members," and may, "with the concurrence + of two-thirds, expel a member." Thus, as heretofore urged, "in the + admission of Senators and Representatives from any and all of the + States there can be no just ground of apprehension that persons who are + disloyal will be clothed with the powers of legislation, for this could + not happen when the Constitution and the laws are enforced by a vigilant + and faithful Congress." "When a Senator or Representative presents his + certificate of election, he may at once be admitted or rejected; or, + should there be any question as to his eligibility, his credentials may + be referred for investigation to the appropriate committee. If admitted + to a seat, it must be upon evidence satisfactory to the House of which + he thus becomes a member that he possesses the requisite constitutional + and legal qualifications. If refused admission as a member for want of + due allegiance to the Government, and returned to his constituents, they + are admonished that none but persons loyal to the United States will be + allowed a voice in the legislative councils of the nation, and the + political power and moral influence of Congress are thus effectively + exerted in the interests of loyalty to the Government and fidelity to + the Union." And is it not far better that the work of restoration should + be accomplished by simple compliance with the plain requirements of the + Constitution than by a recourse to measures which in effect destroy the + States and threaten the subversion of the General Government? All that + is necessary to settle this simple but important question without + further agitation or delay is a willingness on the part of all to + sustain the Constitution and carry its provisions into practical + operation. If to-morrow either branch of Congress would declare that + upon the presentation of their credentials members constitutionally + elected and loyal to the General Government would be admitted to seats + in Congress, while all others would be excluded and their places remain + vacant until the selection by the people of loyal and qualified persons, + and if at the same time assurance were given that this policy would be + continued until all the States were represented in Congress, it would + send a thrill of joy throughout the entire land, as indicating the + inauguration of a system which must speedily bring tranquillity to the + public mind. +</p> +<p> + While we are legislating upon subjects which are of great importance to + the whole people, and which must affect all parts of the country, not + only during the life of the present generation, but for ages to come, we + should remember that all men are entitled at least to a hearing in the + councils which decide upon the destiny of themselves and their children. + At present ten States are denied representation, and when the Fortieth + Congress assembles on the 4th day of the present month sixteen States + will be without a voice in the House of Representatives. This grave + fact, with the important questions before us, should induce us to pause + in a course of legislation which, looking solely to the attainment of + political ends, fails to consider the rights it transgresses, the law + which it violates, or the institutions which it imperils. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATIONS. +</h2> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + Whereas exequaturs were heretofore issued to the following-named persons + at the dates mentioned and for the places specified, recognizing them as + consular officers, respectively, of the Kingdom of Hanover, of the + Electorate of Hesse, of the Duchy of Nassau, and of the city of + Frankfort, and declaring them free to exercise and enjoy functions, + powers, and privileges under the said exequaturs, viz: +</p> +<p><br> + FOR THE KINGDOM OF HANOVER. +</p><p><br> + Julius Frederich, consul at Galveston, Tex., July 28, 1848.<br> + Otto Frank, consul at San Francisco, Cal., July 9, 1850.<br> + Augustus Reichard, consul at New Orleans, La., January 22, 1853.<br> + Kauffmann H. Muller, consul at Savannah, Ga., June 28, 1854.<br> + G.C. Baurmeister, consul at Charleston, S.C., April 21, 1856.<br> + Adolph Gosling, consul-general at New York, November 7, 1859.<br> + G.W. Hennings, vice-consul at New York, July 2, 1860.<br> + George Papendiek, consul at Boston, November 3, 1863.<br> + Francis A. Hoffmann, consul at Chicago, July 26, 1864.<br> + Carl C. Schöttler, consul at Philadelphia, Pa., September 23, 1864.<br> + A. Rettberg, consul at Cleveland, Ohio, September 27, 1864.<br> + A.C. Wilmaus, consul at Milwaukee, Wis., October 7, 1864.<br> + Adolph Meier, consul at St. Louis, Mo., October 7, 1864.<br> + Theodor Schwartz, consul at Louisville, Ky., October 12, 1864.<br> + Carl F. Adae, consul at Cincinnati, Ohio, October 20, 1864.<br> + Werner Dresel, consul at Baltimore, Md., July 25, 1866.<br> +</p><p><br> + FOR THE ELECTORATE OF HESSE. +</p><p><br> + Theodor Wagner, consul at Galveston, Tex., March 7, 1857.<br> + Clamor Friedrich Hagedorn, consul at Philadelphia, February 14, 1862.<br> + Werner Dresel, consul at Baltimore, Md., September 26, 1864.<br> + Friedrich Kuhne, consul at New York, September 30, 1864.<br> + Richard Thiele, consul at New Orleans, La., October 18, 1864.<br> + Carl Adae, consul at Cincinnati, Ohio, October 20, 1864.<br> + Robert Barth, consul at St. Louis, Mo., April 11, 1865.<br> + C.F. Mebius, consul at San Francisco, Cal., May 3, 1865.<br> +</p><p><br> + FOR THE DUCHY OF NASSAU. +</p><p><br> + Wilhelm A. Kobbe, consul-general for the United States at New York, + November 19, 1846.<br> + Friedrich Wilhelm Freudenthal, consul for Louisiana at New Orleans, + January 22, 1852.<br> + Franz Moureau, consul for the western half of Texas at New Braunfels, + April 6, 1857.<br> + Carl C. Finkler, consul for California at San Francisco, May 21, 1864.<br> + Ludwig von Baumbach, consul for Wisconsin, September 27, 1864.<br> + Otto Cuntz, consul for Massachusetts at Boston, October 7, 1864.<br> + Friedrich Kuhne, consul at New York, September 30, 1864.<br> + Carl F. Adae, consul for the State of Ohio, October 20, 1864.<br> + Robert Barth, consul for Missouri, April 18, 1865.<br> +</p><p><br> + FOR THE CITY OF FRANKFORT. +</p><p><br> + John H. Harjes, consul at Philadelphia, Pa., September 27, 1864.<br> + F.A. Reuss, consul at St. Louis, Mo., September 30, 1864.<br> + A.C. Wilmanns, consul for Wisconsin at Milwaukee, October 7, 1864.<br> + Francis A. Hoffmann, consul for Chicago, Ill., October 12, 1864.<br> + Carl F. Adae, consul for Ohio and Indiana, October 20, 1864.<br> + Jacob Julius de Neufville, consul in New York, July 3, 1866.<br> +</p> +<p> + And whereas the said countries, namely, the Kingdom of Hanover, the + Electorate of Hesse, the Duchy of Nassau, and the city of Frankfort, + have, in consequence of the late war between Prussia and Austria, been + united to the Crown of Prussia; and +</p> +<p> + Whereas His Majesty the King of Prussia has requested of the President + of the United States that the aforesaid exequaturs may, in consequence + of the before-recited premises, be revoked: +</p> +<p> + Now, therefore, these presents do declare that the above-named consular + officers are no longer recognized, and that the exequaturs heretofore + granted to them are hereby declared to be absolutely null and void from + this day forward. +</p> +<p> + In testimony whereof I have caused these letters to be made patent and + the seal of the United States of America to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand at the city of Washington, this 19th day of + December, A.D. 1866, and of the Independence of the United States + of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<p> + <i>To all whom it may concern</i>: +</p> +<p> + An exequatur, bearing date the 22d day of March, 1866, having been + issued to Gerhard Janssen, recognizing him as consul of Oldenburg for + New York and declaring him free to exercise and enjoy such functions, + powers, and privileges as are allowed to consuls by the law of nations + or by the laws of the United States and existing treaty stipulations + between the Government of Oldenburg and the United States, and the said + Janssen having refused to appear in the supreme court of the State of + New York to answer in a suit there pending against himself and others on + the plea that he is a consular officer of Oldenburg, thus seeking to use + his official position to defeat the ends of justice, it is deemed + advisable that the said Gerhard Janssen should no longer be permitted to + continue in the exercise of said functions, powers, and privileges. +</p> +<p> + These are therefore to declare that I no longer recognize the said + Gerhard Janssen as consul of Oldenburg for New York and will not permit + him to exercise or enjoy any of the functions, powers, or privileges + allowed to consuls of that nation; and that I do hereby wholly revoke + and annul the said exequatur heretofore given and do declare the same + to be absolutely null and void from this day forward. +</p> +<p> + In testimony whereof I have caused these letters to be made patent and + the seal of the United States of America to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand at Washington, this 26th day of December, A.D. 1866, + and of the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas satisfactory evidence has been received by me from His Imperial + Majesty the Emperor of France, through the Marquis de Montholon, his + envoy extraordinary and minister plenipotentiary, that vessels belonging + to citizens of the United States entering any port of France or of its + dependencies on or after the 1st day of January, 1867, will not be + subjected to the payment of higher duties on tonnage than are levied + upon vessels belonging to citizens of France entering the said ports: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States + of America, by virtue of the authority vested in me by an act of + Congress of the 7th day of January, 1824, entitled "An act concerning + discriminating duties of tonnage and impost," and by an act in addition + thereto of the 24th day of May, 1828, do hereby declare and proclaim + that on and after the said 1st day of January, 1867, so long as vessels + of the United States shall be admitted to French ports on the terms + aforesaid, French vessels entering ports of the United States will be + subject to no higher rates of duty on tonnage than are levied upon + vessels of the United States in the ports thereof. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 28th day of December, A.D. 1866, + and of the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas, in virtue of the power conferred by the act of Congress + approved June 22, 1860, sections 15 and 24 of which act were designed by + proper provisions to secure the strict neutrality of citizens of the + United States residing in or visiting the Empires of China and Japan, a + notification was issued on the 4th of August last by the legation of the + United States in Japan, through the consulates of the open ports of that + Empire, requesting American shipmasters not to approach the coasts of + Suwo and Nagato pending the then contemplated hostilities between the + Tycoon of Japan and the Daimio of the said Provinces; and +</p> +<p> + Whereas authentic information having been received by the said legation + that such hostilities had actually commenced, a regulation in + furtherance of the aforesaid notification and pursuant to the act + referred to was issued by the minister resident of the United States in + Japan forbidding American merchant vessels from stopping or anchoring at + any port or roadstead in that country except the three opened ports, + viz, Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or + forced by stress of weather, as provided by treaty, and giving notice + that masters of vessels committing a breach of the regulation would + thereby render themselves liable to prosecution and punishment and also + to forfeiture of the protection of the United States if the visit to + such nonopened port or roadstead should either involve a breach of + treaty or be construed as an act in aid of insurrection or rebellion: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, with a view to prevent acts which might + injuriously affect the relations existing between the Government of the + United States and that of Japan, do hereby call public attention to the + aforesaid notification and regulation, which are hereby sanctioned and + confirmed. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of January, A.D. 1867, and + of the Independence of the United States the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of the Congress of the United States of the 24th of + May, 1828, entitled "An act in addition to an act entitled 'An act + concerning discriminating duties of tonnage and impost' and to equalize + the duties on Prussian vessels and their cargoes," it is provided that, + upon satisfactory evidence being given to the President of the United + States by the government of any foreign nation that no discriminating + duties of tonnage or impost are imposed or levied in the ports of the + said nation upon vessels wholly belonging to citizens of the United + States or upon the produce, manufactures, or merchandise imported in the + same from the United States or from any foreign country, the President + is thereby authorized to issue his proclamation declaring that the + foreign discriminating duties of tonnage and impost within the United + States are and shall be suspended and discontinued so far as respects + the vessels of the said foreign nation and the produce, manufactures, or + merchandise imported into the United States in the same from the said + foreign nation or from any other foreign country, the said suspension + to take effect from the time of such notification being given to the + President of the United States and to continue so long as the reciprocal + exemption of vessels belonging to citizens of the United States and + their cargoes, as aforesaid, shall be continued, and no longer; and +</p> +<p> + Whereas satisfactory evidence has lately been received by me from + His Majesty the King of the Hawaiian Islands, through an official + communication of His Majesty's minister of foreign relations under date + of the 10th of December, 1866, that no other or higher duties of tonnage + and impost are imposed or levied in the ports of the Hawaiian Islands + upon vessels wholly belonging to citizens of the United States and upon + the produce, manufactures, or merchandise imported in the same from the + United States and from any foreign country whatever than are levied on + Hawaiian ships and their cargoes in the same ports under like + circumstances: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States of + America, do hereby declare and proclaim that so much of the several acts + imposing discriminating duties of tonnage and impost within the United + States are and shall be suspended and discontinued so far as respects + the vessels of the Hawaiian Islands and the produce, manufactures, + and merchandise imported into the United States in the same from the + dominions of the Hawaiian Islands and from any other foreign country + whatever, the said suspension to take effect from the said 10th day + of December and to continue thenceforward so long as the reciprocal + exemption of the vessels of the United States and the produce, + manufactures, and merchandise imported into the dominions of the + Hawaiian Islands in the same, as aforesaid, shall be continued on the + part of the Government of His Majesty the King of the Hawaiian Islands. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 29th day of January, A.D. 1867, and + of the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the Congress of the United States did by an act approved on + the 19th day of April, 1864, authorize the people of the Territory + of Nebraska to form a constitution and State government and for the + admission of such State into the Union on an equal footing with the + original States upon certain conditions in said act specified; and +</p> +<p> + Whereas said people did adopt a constitution conforming to the + provisions and conditions of said act and ask admission into the Union; + and +</p> +<p> + Whereas the Congress of the United States did on the 8th and 9th days + of February, 1867, in mode prescribed by the Constitution, pass a + further act for the admission of the State of Nebraska into the Union, + in which last-named act it was provided that it should not take effect + except upon the fundamental condition that within the State of Nebraska + there should be no denial of the elective franchise or of any other + right to any person by reason of race or color, excepting Indians not + taxed, and upon the further fundamental condition that the legislature + of said State, by a solemn public act, should declare the assent of + said State to the said fundamental condition and should transmit to + the President of the United States an authenticated copy of said act + of the legislature of said State, upon receipt whereof the President, + by proclamation, should forthwith announce the fact, whereupon said + fundamental condition should be held as a part of the organic law of + the State, and thereupon, and without any further proceeding on the + part of Congress, the admission of said State into the Union should + be considered as complete; and +</p> +<p> + Whereas within the time prescribed by said act of Congress of the 8th + and 9th of February, 1867, the legislature of the State of Nebraska did + pass an act ratifying the said act of Congress of the 8th and 9th of + February, 1867, and declaring that the aforenamed provisions of the + third section of said last-named act of Congress should be a part of + the organic law of the State of Nebraska; and +</p> +<p> + Whereas a duly authenticated copy of said act of the legislature of the + State of Nebraska has been received by me: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States of + America, do, in accordance with the provisions of the act of Congress + last herein named, declare and proclaim the fact that the fundamental + conditions imposed by Congress on the State of Nebraska to entitle that + State to admission to the Union have been ratified and accepted and that + the admission of the said State into the Union is now complete. +</p> +<p> + In testimony whereof I have hereto set my hand and have caused the seal + of the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 1st day of March, A.D. 1867, and of + the Independence of the United States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> + [Note.—The Fortieth Congress, first session, met March 4, 1867, + in accordance with the act of January 22, 1867, and on March 30, in + accordance with the concurrent resolution of March 29, adjourned to + July 3. The Senate met in special session April 1, in conformity to the + proclamation of the President of the United States of March 30, and on + April 20 adjourned without day. The Fortieth Congress, first session, + again met July 3, and on July 20, in accordance with the concurrent + resolution of the latter date, adjourned to November 21; again met + November 21, and on December 2, 1867, in accordance with the concurrent + resolution of November 26, adjourned without day.] +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + MARCH 11, 1867. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 28th of + July last, a report from the Secretary of State, with accompanying + documents.<a href="#note-18"><small>18</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded this day between the United States and the chiefs and + headmen of the Kickapoo tribe of Indians. +</p> +<p> + A letter of the Secretary of the Interior and a copy of a letter of the + Commissioner of Indian Affairs, explanatory of said treaty, are also + herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded in this city on the 15th instant [ultimo] between the + United States and the Stockbridge and Munsee tribes of Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 25th instant [ultimo] + and a copy of a communication from the Commissioner of Indian Affairs of + the 19th instant [ultimo], explanatory of the said treaty, are also + herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded in this city on the 23d instant [ultimo] between the + United States and the following tribes of Indians, viz: The Senecas, + the confederated Senecas and Shawnees, the Quapaws, the Ottawas, the + confederated Peorias, Kaskaskias, Weas and Piankeshaws, and the Miamis. +</p> +<p> + A letter of the Secretary of the Interior of the 26th instant [ultimo] + and a copy of a letter of the Commissioner of Indian Affairs of the 25th + instant [ultimo], explanatory of said treaty, are also herewith + transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded on the 2d March, 1866, between the United States and + the Shawnee tribe of Indians of Kansas. +</p> +<p> + A letter of the Secretary of the Interior of the 6th instant and a copy + of a communication from the Commissioner of Indian Affairs of the 2d + instant, explanatory of the said treaty, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded on the 27th instant [ultimo] between the United + States and the Pottawatomie tribe of Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 28th instant [ultimo] + and a copy of a communication from the Commissioner of Indian Affairs of + the 27th instant [ultimo], explanatory of the said treaty, are also + herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, D.C., <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon + a treaty concluded in this city on the 13th instant [ultimo] between the + United States and the Kansas or Kaw tribe of Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 25th instant [ultimo] + and a copy of a communication of the 19th instant [ultimo] from the + Commissioner of Indian Affairs, explanatory of said treaty, are also + herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>March 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty this day concluded between the United States and the Cherokee + Nation of Indians, providing for the sale of their lands in Kansas, + known as the "Cherokee neutral lands." +</p> +<p> + A letter of the Secretary of the Interior and accompanying copy of a + letter from the Commissioner of Indian Affairs of this date, in relation + to the treaty, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 14, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State, in further + answer to the resolution<a href="#note-19"><small>19</small></a> of the House of Representatives of the 24th + of January last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 15, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in further answer to their resolution of the + 31st of January last, a report from the Secretary of State, with + accompanying documents.<a href="#note-20"><small>20</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their resolution + of the 18th instant, a report<a href="#note-21"><small>21</small></a> from the Secretary of State, with its + accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their + resolution of the 18th instant, a report<a href="#note-22"><small>22</small></a>from the Secretary of State, + with an accompanying paper. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 15th + instant, reports<a href="#note-23"><small>23</small></a> from the Secretary of State and the Secretary of + the Treasury, with accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 7th + instant, relative to the arrest, imprisonment, and treatment of American + citizens in Great Britain or its Provinces, I transmit a report from the + Secretary of State on the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 21, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded on the 19th of March, 1867, between the United States + and the Chippewa tribe of Indians of the Mississippi. +</p> +<p> + A letter of the Secretary of the Interior and a copy of a letter of Hon. + Lewis V. Bogy, special commissioner, of the 20th instant, explanatory of + the said treaty, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 30, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In giving my approval to the joint resolution providing for the expenses + of carrying into full effect an act entitled "An act to provide for the + more efficient government of the rebel States," I am moved to do so for + the following reason: The seventh section of the act supplementary to + the act for the more efficient government of the rebel States provides + that the expenses incurred under or by virtue of that act shall be paid + out of any moneys in the Treasury not otherwise appropriated. This + provision is wholly unlimited as to the amount to be expended, whereas + the resolution now before me limits the appropriation to $500,000. I + consider this limitation as a very necessary check against unlimited + expenditure and liabilities. Yielding to that consideration, I feel + bound to approve this resolution, without modifying in any manner any + objections heretofore stated against the original and supplemental acts. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 30, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a treaty between the United States and His Majesty the + Emperor of all the Russias upon the subject of a cession of territory by + the latter to the former, which treaty was this day signed in this city + by the plenipotentiaries of the parties. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas objects of interest to the United States require that the Senate + should be convened at 12 o'clock on Monday, the 1st day of April next, + to receive and act upon such communications as may be made to it on the + part of the Executive. +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States, have + considered it to be my duty to issue this my proclamation, declaring + that an extraordinary occasion requires the Senate of the United States + to convene for the transaction of business at the Capitol, in the city + of Washington, on Monday, the 1st day of April next, at 12 o'clock on + that day, of which all who shall at that time be entitled to act as + members of that body are hereby required to take notice. +</p> +<p> + [SEAL.] +</p> +<p> + Given under my hand and the seal of the United States, at Washington, + the 30th day of March, A.D. 1867, and of the Independence of the United + States of America the ninety-first. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<center> + [The following messages were sent to the special session of the Senate.] +</center> +<p class="r"> + WASHINGTON, <i>March 28, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 20th + instant, a report<a href="#note-24"><small>24</small></a> from the Secretary of State, with accompanying + documents. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 12, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 10th + instant, calling for information relative to prisoners of war taken by + belligerents in the Mexican Republic, a report from the Secretary of + State, with accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 13, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 28th of January + last, requesting certain information in regard to governors, + secretaries, and judges of Territories, I transmit herewith reports<a href="#note-25"><small>25</small></a> + from the Secretary of State, the Secretary of the Interior, and the + Attorney-General. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 15, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 13th + instant, a report<a href="#note-26"><small>26</small></a> from the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 16, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith reports from the heads of the several Executive + Departments, in answer to the resolution of the Senate of the 11th + instant, requesting "copies of any official opinions which may have been + given by the Attorney-General, the Solicitor of the Treasury, or by any + other officer of the Government on the interpretation of the act of + Congress regulating the tenure of office, and especially with regard to + appointments by the President during the recess of Congress." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p> + [The following messages were sent to the Fortieth Congress, first session.] +</p> +<p class="r"> + WASHINGTON, <i>July 5, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention for commercial reciprocity between the + United States and His Majesty the King of the Hawaiian Islands, which + convention was signed by the plenipotentiaries of the parties in the + city of San Francisco on the 21st day of May last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 5, 1867</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a convention between the United States + and the Republic of Venezuela for the adjustment of claims of citizens + of the United States on the Government of that Republic. The + ratifications of this convention were exchanged at Caracas on the 10th + of April last. As its first article stipulates that the commissioners + shall meet in that city within four months from that date, the + expediency of passing the usual act for the purpose of carrying the + convention into effect will, of course, engage the attention of + Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 6, 1867</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a treaty between the United States and + His Majesty the Emperor of all the Russias, the ratifications of which + were exchanged in this city on the 20th day of June last. +</p> +<p> + This instrument provides for a cession of territory to the United States + in consideration of the payment of $7,200,000 in gold. The attention of + Congress is invited to the subject of an appropriation for this payment, + and also to that of proper legislation for the occupation and government + of the territory as a part of the dominion of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 6, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States, Great Britain, + France, the Netherlands, and Japan, concluded at Yedo on the 25th of + June, 1866. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 8, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Attorney-General, additional to + the reports submitted by him December 31, 1866, and March 2, 1867, in + reply to a resolution of the House of Representatives of December 10, + 1866, requesting "a list of names of all persons engaged in the late + rebellion against the United States Government who have been pardoned by + the President from April 15, 1865, to this date; that said list shall + also state the rank of each person who has been so pardoned, if he has + been engaged in the military service of the so-called Confederate + government, and the position if he shall have held any civil office + under said so-called Confederate government; and shall also further + state whether such person has at any time prior to April 14, 1861, held + any office under the United States Government, and, if so, what office, + together with the reasons for granting such pardon, and also the names + of the person or persons at whose solicitation such pardon was granted." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 9, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i> +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 5th of July, requesting the President "to inform the House what States + have ratified the amendment to the Constitution of the United States + proposed by concurrent resolution of the two Houses of Congress, June + 16, 1866," I transmit a report from the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 10, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with so much of the resolution of the House of + Representatives of the 8th instant as requests information in regard to + certain agreements said to have been entered into between the United + States, European and West Virginia Land and Mining Company and certain + reputed agents of the Republic of Mexico, I transmit a report from the + Secretary of State and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 11, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 3d instant, requesting me to transmit all the official correspondence + between the Department of State and the Hon. Lewis D. Campbell, late + minister to Mexico, and also that with his successor, I communicate a + report from the Secretary of State and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 12, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 8th instant, + requesting me to transmit "all the official correspondence between the + Department of State and the Hon. Lewis D. Campbell, late minister + of the United States to the Republic of Mexico, from the time of his + appointment, also the correspondence of the Department with his + successor," I communicate herewith a report on the subject from the + Secretary of State, from which it appears that the correspondence + called for by the Senate has already been communicated to the House + of Representatives. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 15, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith reports from the Secretary of War and the + Attorney-General, containing the information called for by the + resolution of the Senate of the 3d instant, requesting the President "to + communicate to the Senate copies of all orders, instructions, circular + letters, or letters of advice issued to the respective military officers + assigned to the command of the several military districts under the act + passed March 2, 1867, entitled 'An act to provide for the more efficient + government of the rebel States,' and the act supplementary thereto, + passed March 23, 1867; also copies of all opinions given to him by the + Attorney-General of the United States touching the construction and + interpretation of said acts, and of all correspondence relating to the + operation, construction, or execution of said acts that may have taken + place between himself and any of said commanders, or between him and the + General of the Army, or between the latter and any of said commanders, + touching the same subjects; also copies of all orders issued by any of + said commanders in carrying out the provisions of said acts or either of + them; also that he inform the Senate what progress has been made in the + matter of registration under said acts, and whether the sum of money + heretofore appropriated for carrying them out is probably sufficient." +</p> +<p> + In answer to that portion of the resolution which inquires whether the + sum of money heretofore appropriated for carrying these acts into effect + is probably sufficient, reference is made to the accompanying report + of the Secretary of War. It will be seen from that report that the + appropriation of $500,000 made in the act approved March 30, 1867, for + the purpose of carrying into effect the "Act to provide for the more + efficient government of the rebel States," passed March 2, 1867, and the + act supplementary thereto, passed March 23, 1867, has already been + expended by the commanders of the several military districts, and that, + in addition, the sum of $1,648,277 is required for present purposes. +</p> +<p> + It is exceedingly difficult at the present time to estimate the probable + expense of carrying into full effect the two acts of March last and the + bill which passed the two Houses of Congress on the 13th instant. If the + existing governments of ten States of the Union are to be deposed and + their entire machinery is to be placed under the exclusive control and + authority of the respective district commanders, all the expenditures + incident to the administration of such governments must necessarily be + incurred by the Federal Government. It is believed that, in addition to + the $2,100,000 already expended or estimated for, the sum which would + be required for this purpose would not be less than $14,000,000—the + aggregate amount expended prior to the rebellion in the administration + of their respective governments by the ten States embraced in the + provisions of these acts. This sum would no doubt be considerably + augmented if the machinery of these States is to be operated by the + Federal Government, and would be largely increased if the United States, + by abolishing the existing State governments, should become responsible + for liabilities incurred by them before the rebellion in laudable + efforts to develop their resources, and in no wise created for + insurrectionary or revolutionary purposes. The debts of these States, + thus legitimately incurred, when accurately ascertained will, it is + believed, approximate $100,000,000; and they are held not only by our + own citizens, among whom are residents of portions of the country which + have ever remained loyal to the Union, but by persons who are the + subjects of foreign governments. It is worthy the consideration of + Congress and the country whether, if the Federal Government by its + action were to assume such obligations, so large an addition to our + public expenditures would not seriously impair the credit of the nation, + or, on the other hand, whether the refusal of Congress to guarantee + the payment of the debts of these States, after having displaced or + abolished their State governments, would not be viewed as a violation of + good faith and a repudiation by the national legislature of liabilities + which these States had justly and legally incurred. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 18, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 8th instant, + requesting me to furnish to that body copies of any correspondence on + the files of the Department of State relating to any recent events in + Mexico, I communicate a report from the Secretary of State, with the + papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 18, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with that part of the resolution of the House of + Representatives of the 8th instant which requests me to transmit to + the House of Representatives any official correspondence or other + information relating to the capture and execution of Maximilian and + the arrest and reported execution of Santa Anna in Mexico, I inclose + herewith a report from the Secretary of State, from which it appears + that the correspondence called for by the House of Representatives has + already been communicated to the Senate of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 20, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have received a resolution adopted by the House of Representatives + on the 8th instant, inquiring "whether the publication which appeared + in the National Intelligencer and other public prints on the 21st of + June last, and which contained a statement of the proceedings of the + President and Cabinet in respect to an interpretation of the acts of + Congress commonly known as the reconstruction acts, was made by the + authority of the President or with his knowledge and consent," and + "whether the full and complete record or minute of all the proceedings, + conclusions, and determinations of the President and Cabinet relating to + said acts of Congress and their interpretation is embraced or given in + said publication," and also requesting that "a true copy of the full + and complete record or minute of such proceedings, conclusions, and + determinations in regard to the interpretation of said reconstruction + acts" be furnished to the House. +</p> +<p> + In compliance with the request of the House of Representatives, I have + to state that the publication to which the resolution refers was made + by proper authority, and that it comprises the proceedings in Cabinet + relating to the acts of Congress mentioned in the inquiry, upon which, + after taking the opinions of the heads of the several Executive + Departments of the Government, I had announced my own conclusions. Other + questions arising from these acts have been under consideration, upon + which, however, no final conclusion has been reached. No publication in + reference to them has, therefore, been authorized by me; but should it + at any time be deemed proper and advantageous to the interests of the + country to make public those or any other proceedings of the Cabinet, + authority for their promulgation will be given by the President. +</p> +<p> + A correct copy of the record of the proceedings, published in the + National Intelligencer and other newspapers on the 21st ultimo, is + herewith transmitted, together with a copy of the instructions based + upon the conclusions of the President and Cabinet and sent to the + commanders of the several military districts created by act of Congress + of March 2, 1867. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p class="q"> + IN CABINET, <i>June 18, 1867</i>. +</p><p class="q"> + Present: The President, the Secretary of State, the Secretary of + the Treasury, the Secretary of War, the Secretary of the Navy, the + Postmaster-General, the Attorney-General, the Acting Secretary of + the Interior. +</p><p class="q"> + The President announced that he had under consideration the two opinions + from the Attorney-General as to the legal questions arising upon the + acts of Congress commonly known as the reconstruction acts, and that in + view of the great magnitude of the subject and of the various interests + involved he deemed it proper to have it considered fully in the Cabinet + and to avail himself of all the light which could be afforded by the + opinions and advice of the members of the Cabinet, to enable him to see + that these laws be faithfully executed and to decide what orders and + instructions are necessary and expedient to be given to the military + commanders. +</p><p class="q"> + The President said further that the branch of the subject that seemed to + him first in order for consideration was as to the instructions to be + sent to the military commanders for their guidance and for the guidance + of persons offering for registration. The instructions proposed by the + Attorney-General, as set forth in the summary contained in his last + opinion, will therefore be now considered. +</p><p class="q"> + The summary was then read at length. +</p><p class="q"> + The reading of the summary having been concluded, each section was then + considered, discussed, and voted upon as follows: +</p><p class="q"> + 1. The oath prescribed in the supplemental act defines all the + qualifications required, and every person who can take that oath is + entitled to have his name entered upon the list of voters. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay." +</p><p class="q"> + 2. The board of registration have no authority to administer any other + oath to the person applying for registration than this prescribed + oath, nor to administer any oath to any other person touching the + qualifications of the applicant or the falsity of the oath so taken + by him. +</p><p class="q"> + No provision is made for challenging the qualifications of the applicant + or entering upon any trial or investigation of his qualifications, + either by witnesses or any other form of proof. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay." +</p><p class="q"> + 3. As to citizenship and residence: +</p><p class="q"> + The applicant for registration must be a citizen of the State and of the + United States, and must be a resident of a county or parish included in + the election district. He may be registered if he has been such citizen + for a period less than twelve months at the time he applies for + registration, but he can not vote at any election unless his citizenship + has then extended to the full term of one year. As to such a person, the + exact length of his citizenship should be noted opposite his name on the + list, so that it may appear on the day of election, upon reference to + the list, whether the full term has then been accomplished. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 4. An unnaturalized person can not take this oath, but an alien who has + been naturalized can take it, and no other proof of naturalization can + be required from him. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay." +</p><p class="q"> + 5. No one who is not 21 years of age at the time of registration can + take the oath, for he must swear that he has then attained that age. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 6. No one who has been disfranchised for participation in any rebellion + against the United States or for felony committed against the laws of + any State or of the United States can take this oath. +</p><p class="q"> + The actual participation in a rebellion or the actual commission of a + felony does not amount to disfranchisement. The sort of disfranchisement + here meant is that which is declared by law passed by competent + authority, or which has been fixed upon the criminal by the sentence of + the court which tried him for the crime. +</p><p class="q"> + No law of the United States has declared the penalty of disfranchisement + for participation in rebellion alone; nor is it known that any such law + exists in either of these ten States, except, perhaps, Virginia, as to + which State special instructions will be given. +</p><p class="q"> + All vote "aye" except the Secretary of War, who dissents as to the + second and third paragraphs. +</p><p class="q"> + 7. As to disfranchisement arising from having held office followed by + participation in rebellion: +</p><p class="q"> + This is the most important part of the oath, and requires strict + attention to arrive at its meaning. The applicant must swear or affirm + as follows: +</p><p class="q"> + "That I have never been a member of any State legislature, nor held any + executive or judicial office in any State, and afterwards engaged in an + insurrection or rebellion against the United States or given aid or + comfort to the enemies thereof; that I have never taken an oath as a + member of Congress of the United States, or as an officer of the United + States, or as a member of any State legislature, or as an executive or + judicial officer of any State, to support the Constitution of the United + States, and afterwards engaged in insurrection or rebellion against the + United States or given aid or comfort to the enemies thereof." +</p><p class="q"> + Two elements must concur in order to disqualify a person under these + clauses: First, the office and official oath to support the Constitution + of the United States; second, engaging afterwards in rebellion. Both + must exist to work disqualification, and must happen in the order of + time mentioned. +</p><p class="q"> + A person who has held an office and taken the oath to support the + Federal Constitution and has not afterwards engaged in rebellion is not + disqualified. So, too, a person who has engaged in rebellion, but has + not theretofore held an office and taken that oath, is not disqualified. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay." +</p><p class="q"> + 8. Officers of the United States: +</p><p class="q"> + As to these the language is without limitation. The person who has at + any time prior to the rebellion held any office, civil or military, + under the United States, and has taken an official oath to support the + Constitution of the United States, is subject to disqualification. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 9. Militia officers of any State prior to the rebellion are not subject + to disqualification. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay." +</p><p class="q"> + 10. Municipal officers—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. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 11. Persons who have prior to the rebellion been members of the Congress + of the United States or members of a State legislature are subject to + disqualification, but those who have been members of conventions framing + or amending the constitution of a State prior to the rebellion are not + subject to disqualification. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 12. All the executive or judicial officers of any State who took an + oath to support the Constitution of the United States are subject + to disqualification, including county officers. They are subject to + disqualification if they were required to take as a part of their + official oath the oath to support the Constitution of the United States. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 13. Persons who exercised mere employments under State authority are + not disqualified; such as commissioners to lay out roads, commissioners + of public works, visitors of State institutions, directors of State + institutions, examiners of banks, notaries public, commissioners to + take acknowledgments of deeds. +</p><p class="q"> + Concurred in unanimously; but the Secretary of State, the Secretary of + the Treasury, and the Secretary of War express the opinion that lawyers + are such officers as are disqualified if they participated in the + rebellion. Two things must exist as to any person to disqualify him from + voting: First, the office held prior to the rebellion, and, afterwards, + participation in the rebellion. +</p><p class="q"> + 14. An act to fix upon a person the offense of engaging in rebellion + under this law must be an overt and voluntary act, done with the intent + of aiding or furthering the common unlawful purpose. A person forced + into the rebel service by conscription or under a paramount authority + which he could not safely disobey, and who would not have entered such + service if left to the free exercise of his own will, can not be held + to be disqualified from voting. +</p><p class="q"> + All vote "aye" except the Secretary of War, who votes "nay" as the + proposition is stated. +</p><p class="q"> + 15. Mere acts of charity, where the intent is to relieve the wants of + the object of such charity, and not done in aid of the cause in which he + may have been engaged, do not disqualify; but organized contributions + of food and clothing for the general relief of persons engaged in the + rebellion, and not of a merely sanitary character, but contributed to + enable them to perform their unlawful object, maybe classed with acts + which do disqualify. Forced contributions to the rebel cause in the form + of taxes or military assessments, which a person was compelled to pay or + contribute, do not disqualify; but voluntary contributions to the rebel + cause, even such indirect contributions as arise from the voluntary loan + of money to the rebel authorities or purchase of bonds or securities + created to afford the means of carrying on the rebellion, will work + disqualification. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 16. All those who in legislative or other official capacity were engaged + in the furtherance of the common unlawful purpose, where the duties of + the office necessarily had relation to the support of the rebellion, + such as members of the rebel conventions, congresses, and legislatures, + diplomatic agents of the rebel Confederacy, and other officials whose + offices were created for the purpose of more effectually carrying on + hostilities or whose duties appertained to the support of the rebel + cause, must be held to be disqualified; but officers who during the + rebellion discharged official duties not incident to war, but only such + duties as belong even to a state of peace and were necessary to the + preservation of order and the administration of law, are not to be + considered as thereby engaging in rebellion or as disqualified. Disloyal + sentiments, opinions, or sympathies would not disqualify, but where a + person has by speech or writing incited others to engage in rebellion he + must come under the disqualification. +</p><p class="q"> + All vote "aye" except the Secretary of War, who dissents to the second + paragraph, with the exception of the words "where a person has by speech + or by writing incited others to engage in rebellion he must come under + the disqualification." +</p><p class="q"> + 17. The duties of the board appointed to superintend the elections. +</p><p class="q"> + This board, having the custody of the list of registered voters in the + district for which it is constituted, must see that the name of the + person offering to vote is found upon the registration list, and if such + proves to be the fact it is the duty of the board to receive his vote if + then qualified by residence. They can not receive the vote of any person + whose name is not upon the list, though he may be ready to take the + registration oath, and although he may satisfy them that he was unable + to have his name registered at the proper time, in consequence of + absence, sickness, or other cause. +</p><p class="q"> + The board can not enter into any inquiry as to the qualifications of + any person whose name is not on the registration list, or as to the + qualifications of any person whose name is on that list. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 18. The mode of voting is provided in the act to be by ballot. The board + will keep a record and poll book of the election, showing the votes, + list of voters, and the persons elected by a plurality of the votes cast + at the election, and make returns of these to the commanding general of + the district. +</p><p class="q"> + Concurred in unanimously. +</p><p class="q"> + 19. The board appointed for registration and for superintending the + elections must take the oath prescribed by the act of Congress approved + July 2, 1862, entitled "An act to prescribe an oath of office." +</p><p class="q"> + Concurred in unanimously. +</p> +<p class="q"> + IN CABINET, <i>June 20, 1867</i>. +</p><p class="q"> + Present: The same Cabinet officers as on the 18th, except the Acting + Secretary of the Interior. +</p><p class="q"> + The President announced to the Cabinet that after full deliberation he + concurred with the majority upon the sections of the summary upon which + the Secretary of War expressed his dissent, and that he concurred with + the Cabinet upon those sections approved by unanimous vote; that as it + appeared the military commanders entertained doubts upon the points + covered by the summary, and as their action hitherto had not been + uniform, he deemed it proper, without further delay, to communicate in + a general order<a href="#note-27"><small>27</small></a> to the respective commanders the points set forth + in the summary. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>March 23, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have considered the bill entitled "An act supplementary to an act + entitled 'An act to provide for the more efficient government of the + rebel States,' passed March 2, 1867, and to facilitate restoration," + and now return it to the House of Representatives with my objections. +</p> +<p> + This bill provides for elections in the ten States brought under the + operation of the original act to which it is supplementary. Its details + are principally directed to the elections for the formation of the State + constitutions, but by the sixth section of the bill "all elections" + in these States occurring while the original act remains in force are + brought within its purview. Referring to these details, it will be found + that, first of all, there is to be a registration of the voters. No one + whose name has not been admitted on the list is to be allowed to vote at + any of these elections. To ascertain who is entitled to registration, + reference is made necessary, by the express language of the supplement, + to the original act and to the pending bill. The fifth section of the + original act provides, as to voters, that they shall be "male citizens + of the State, 21 years old and upward, of whatever race, color, or + previous condition, who have been residents of said State for one + year." This is the general qualification, followed, however, by many + exceptions. No one can be registered, according to the original act, + "who may be disfranchised for participation in the rebellion"—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. +</p> +<p> + The fourth section of the bill provides "that the commanding general of + each district shall appoint as many boards of registration as may be + necessary, consisting of three loyal officers or persons." The only + qualification stated for these officers is that they must be "loyal." + They may be persons in the military service or civilians, residents of + the State or strangers. Yet these persons are to exercise most important + duties and are vested with unlimited discretion. They are to decide what + names shall be placed upon the register and from their decision there is + to be no appeal. They are to superintend the elections and to decide all + questions which may arise. They are to have the custody of the ballots + and to make return of the persons elected. Whatever frauds or errors + they may commit must pass without redress. All that is left for the + commanding general is to receive the returns of the elections, open the + same, and ascertain who are chosen "according to the returns of the + officers who conducted said elections." By such means and with this + sort of agency are the conventions of delegates to be constituted. +</p> +<p> + As the delegates are to speak for the people, common justice would seem + to require that they should have authority from the people themselves. + No convention so constituted will in any sense represent the wishes of + the inhabitants of these States, for under the all-embracing exceptions + of these laws, by a construction which the uncertainty of the clause as + to disfranchisement leaves open to the board of officers, the great body + of the people may be excluded from the polls and from all opportunity of + expressing their own wishes or voting for delegates who will faithfully + reflect their sentiments. +</p> +<p> + I do not deem it necessary further to investigate the details of this + bill. No consideration could induce me to give my approval to such an + election law for any purpose, and especially for the great purpose of + framing the constitution of a State. If ever the American citizen should + be left to the free exercise of his own judgment it is when he is + engaged in the work of forming the fundamental law under which he is to + live. That work is his work, and it can not properly be taken out of his + hands. All this legislation proceeds upon the contrary assumption that + the people of each of these States shall have no constitution except + such as may be arbitrarily dictated by Congress and formed under the + restraint of military rule. A plain statement of facts makes this + evident. +</p> +<p> + In all these States there are existing constitutions, framed in the + accustomed way by the people. Congress, however, declares that these + constitutions are not "loyal and republican," and requires the people to + form them anew. What, then, in the opinion of Congress, is necessary to + make the constitution of a State "loyal and republican"? The original + act answers the question: It is universal negro suffrage—a question + which the Federal Constitution leaves exclusively to the States + themselves. All this legislative machinery of martial law, military + coercion, and political disfranchisement is avowedly for that purpose + and none other. The existing constitutions of the ten States conform to + the acknowledged standards of loyalty and republicanism. Indeed, if + there are degrees in republican forms of government, their constitutions + are more republican now than when these States, four of which were + members of the original thirteen, first became members of the Union. +</p> +<p> + Congress does not now demand that a single provision of their + constitutions be changed except such as confine suffrage to the white + population. It is apparent, therefore, that these provisions do not + conform to the standard of republicanism which Congress seeks to + establish. That there may be no mistake, it is only necessary that + reference should be made to the original act, which declares "such + constitution shall provide that the elective franchise shall be enjoyed + by all such persons as have the qualifications herein stated for + electors of delegates." What class of persons is here meant clearly + appears in the same section; that is to say, "the male citizens of said + State 21 years old and upward, of whatever race, color, or previous + condition, who have been resident in said State for one year previous + to the day of such election." +</p> +<p> + Without these provisions no constitution which can be framed in any one + of the ten States will be of any avail with Congress. This, then, is the + test of what the constitution of a State of this Union must contain to + make it republican. Measured by such a standard, how few of the States + now composing the Union have republican constitutions! If in the + exercise of the constitutional guaranty that Congress shall secure to + every State a republican form of government universal suffrage for + blacks as well as whites is a <i>sine qua non</i>, the work of reconstruction + may as well begin in Ohio as in Virginia, in Pennsylvania as in North + Carolina. +</p> +<p> + When I contemplate the millions of our fellow-citizens of the South + with no alternative left but to impose upon themselves this fearful + and untried experiment of complete negro enfranchisement—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. +</p> +<p> + Inflexibly opposed to any movement imperiling the integrity of the + Government, I did not hesitate to urge the adoption of all measures + necessary for the suppression of the insurrection. After a long and + terrible struggle the efforts of the Government were triumphantly + successful, and the people of the South, submitting to the stern + arbitrament, yielded forever the issues of the contest. Hostilities + terminated soon after it became my duty to assume the responsibilities + of the chief executive officer of the Republic, and I at once endeavored + to repress and control the passions which our civil strife had + engendered, and, no longer regarding these erring millions as enemies, + again acknowledged them as our friends and our countrymen. The war had + accomplished its objects. The nation was saved and that seminal + principle of mischief which from the birth of the Government had + gradually but inevitably brought on the rebellion was totally + eradicated. Then, it seemed to me, was the auspicious time to commence + the work of reconciliation; then, when these people sought once more our + friendship and protection, I considered it our duty generously to meet + them in the spirit of charity and forgiveness and to conquer them even + more effectually by the magnanimity of the nation than by the force of + its arms. I yet believe that if the policy of reconciliation then + inaugurated, and which contemplated an early restoration of these people + to all their political rights, had received the support of Congress, + every one of these ten States and all their people would at this moment + be fast anchored in the Union and the great work which gave the war all + its sanction and made it just and holy would have been accomplished. + Then over all the vast and fruitful regions of the South peace and its + blessings would have prevailed, while now millions are deprived of + rights guaranteed by the Constitution to every citizen and after nearly + two years of legislation find themselves placed under an absolute + military despotism. "A military republic, a government founded on mock + elections and supported only by the sword," was nearly a quarter of a + century since pronounced by Daniel Webster, when speaking of the South + American States, as "a movement, indeed, but a retrograde and disastrous + movement, from the regular and old-fashioned monarchical systems;" and + he added: +</p> +<p class="q"> + If men would enjoy the blessings of republican government, they must + govern themselves by reason, by mutual counsel and consultation, by a + sense and feeling of general interest, and by the acquiescence of the + minority in the will of the majority, properly expressed; and, above + all, the military must be kept, according to the language of our bill of + rights, in strict subordination to the civil authority. Wherever this + lesson is not both learned and practiced there can be no political + freedom. Absurd, preposterous is it, a scoff and a satire on free forms + of constitutional liberty, for frames of government to be prescribed by + military leaders and the right of suffrage to be exercised at the point + of the sword. +</p> +<p> + I confidently believe that a time will come when these States will again + occupy their true positions in the Union. The barriers which now seem so + obstinate must yield to the force of an enlightened and just public + opinion, and sooner or later unconstitutional and oppressive legislation + will be effaced from our statute books. When this shall have been + consummated, I pray God that the errors of the past may be forgotten and + that once more we shall be a happy, united, and prosperous people, and + that at last, after the bitter and eventful experience through which the + nation has passed, we shall all come to know that our only safety is in + the preservation of our Federal Constitution and in according to every + American citizen and to every State the rights which that Constitution + secures. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 10, 1867</i>.<a href="#note-28"><small>28</small></a> +</p> +<p> + The first session of the Fortieth Congress adjourned on the 30th day + of March, 1867. This bill,<a href="#note-29"><small>29</small></a> which was passed during that session, + was not presented for my approval by the Hon. Edmund G. Ross, of the + Senate of the United States, and a member of the Committee on Enrolled + Bills, until Monday, the 1st day of April, 1867, two days after the + adjournment. It is not believed that the approval of any bill after + the adjournment of Congress, whether presented before or after such + adjournment, is authorized by the Constitution of the United States, + that instrument expressly declaring that no bill shall become a law the + return of which may have been prevented by the adjournment of Congress. + To concede that under the Constitution the President, after the + adjournment of Congress, may, without limitation in respect to time, + exercise the power of approval, and thus determine at his discretion + whether or not bills shall become laws, might subject the executive and + legislative departments of the Government to influences most pernicious + to correct legislation and sound public morals, and—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. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 19, 1867</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I return herewith the bill entitled "An act supplementary to an act + entitled 'An act to provide for the more efficient government of the + rebel States,' passed on the 2d day of March, 1867, and the act + supplementary thereto, passed, on the 23d day of March, 1867," and will + state as briefly as possible some of the reasons which prevent me from + giving it my approval. +</p> +<p> + This is one of a series of measures passed by Congress during the last + four months on the subject of reconstruction. The message returning the + act of the 2d of March last states at length my objections to the + passage of that measure. They apply equally well to the bill now before + me, and I am content merely to refer to them and to reiterate my + conviction that they are sound and unanswerable. +</p> +<p> + There are some points peculiar to this bill, which I will proceed at + once to consider. +</p> +<p> + The first section purports to declare "the true intent and meaning," + in some particulars, of the two prior acts upon this subject. +</p> +<p> + It is declared that the intent of those acts was, first, that the + existing governments in the ten "rebel States" "were not legal State + governments," and, second, "that thereafter said governments, if + continued, were to be continued subject in all respects to the military + commanders of the respective districts and to the paramount authority + of Congress." +</p> +<p> + Congress may by a declaratory act fix upon a prior act a + construction altogether at variance with its apparent meaning, and + from the time, at least, when such a construction is fixed the original + act will be construed to mean exactly what it is stated to mean by the + declaratory statute. There will be, then, from the time this bill may + become a law no doubt, no question, as to the relation in which the + "existing governments" in those States, called in the original act "the + provisional governments," stand toward the military authority. As those + relations stood before the declaratory act, these "governments," it is + true, were made subject to absolute military authority in many important + respects, but not in all, the language of the act being "subject to the + military authority of the United States, as hereinafter prescribed." + By the sixth section of the original act these governments were made + "in all respects subject to the paramount authority of the United + States." +</p> +<p> + Now by this declaratory act it appears that Congress did not by the + original act intend to limit the military authority to any particulars + or subjects therein "prescribed," but meant to make it universal. Thus + over all of these ten States this military government is now declared to + have unlimited authority. It is no longer confined to the preservation + of the public peace, the administration of criminal law, the + registration of voters, and the superintendence of elections, but + "in all respects" is asserted to be paramount to the existing civil + governments. +</p> +<p> + It is impossible to conceive any state of society more intolerable than + this; and yet it is to this condition that 12,000,000 American citizens + are reduced by the Congress of the United States. Over every foot of the + immense territory occupied by these American citizens the Constitution + of the United States is theoretically in full operation. It binds all + the people there and should protect them; yet they are denied every + one of its sacred guaranties. +</p> +<p> + Of what avail will it be to any one of these Southern people when + seized by a file of soldiers to ask for the cause of arrest or for the + production of the warrant? Of what avail to ask for the privilege of + bail when in military custody, which knows no such thing as bail? Of + what avail to demand a trial by jury, process for witnesses, a copy of + the indictment, the privilege of counselor that greater privilege, the + writ of <i>habeas corpus</i>? +</p> +<p> + The veto of the original bill of the 2d of March was based on two + distinct grounds—the interference of Congress in matters strictly + appertaining to the reserved powers of the States and the establishment + of military tribunals for the trial of citizens in time of peace. + The impartial reader of that message will understand that all that + it contains with respect to military despotism and martial law has + reference especially to the fearful power conferred on the district + commanders to displace the criminal courts and assume jurisdiction to + try and to punish by military boards; that, potentially, the suspension + of the <i>habeas corpus</i> was martial law and military despotism. The act + now before me not only declares that the intent was to confer such + military authority, but also to confer unlimited military authority over + all the other courts of the State and over all the officers of the + State—legislative, executive, and judicial. Not content with the + general grant of power, Congress, in the second section of this bill, + specifically gives to each military commander the power "to suspend or + remove from office, or from the performance of official duties and + the exercise of official powers, any officer or person holding or + exercising, or professing to hold or exercise, any civil or military + office or duty in such district under any power, election, appointment, + or authority derived from, or granted by, or claimed under any so-called + State, or the government thereof, or any municipal or other division + thereof." +</p> +<p> + A power that hitherto all the departments of the Federal Government, + acting in concert or separately, have not dared to exercise is here + attempted to be conferred on a subordinate military officer. To him, + as a military officer of the Federal Government, is given the power, + supported by "a sufficient military force," to remove every civil + officer of the State. What next? The district commander, who has thus + displaced the civil officer, is authorized to fill the vacancy by the + detail of an officer or soldier of the Army, or by the appointment of + "some other person." +</p> +<p> + This military appointee, whether an officer, a soldier, or "some + other person," is to perform "the duties of such officer or person so + suspended or removed." In other words, an officer or soldier of the Army + is thus transformed into a civil officer. He may be made a governor, + a legislator, or a judge. However unfit he may deem himself for such + civil duties, he must obey the order. The officer of the Army must, if + "detailed," go upon the supreme bench of the State with the same prompt + obedience as if he were detailed to go upon a court-martial. The + soldier, if detailed to act as a justice of the peace, must obey as + quickly as if he were detailed for picket duty. +</p> +<p> + What is the character of such a military civil officer? This bill + declares that he shall perform the duties of the civil office to which + he is detailed. It is clear, however, that he does not lose his position + in the military service. He is still an officer or soldier of the Army; + he is still subject to the rules and regulations which govern it, and + must yield due deference, respect, and obedience toward his superiors. +</p> +<p> + The clear intent of this section is that the officer or soldier + detailed to fill a civil office must execute its duties according to the + laws of the State. If he is appointed a governor of a State, he is to + execute the duties as provided by the laws of that State, and for the + time being his military character is to be suspended in his new civil + capacity. If he is appointed a State treasurer, he must at once assume + the custody and disbursement of the funds of the State, and must perform + those duties precisely according to the laws of the State, for he is + intrusted with no other official duty or other official power. Holding + the office of treasurer and intrusted with funds, it happens that he is + required by the State laws to enter into bond with security and to take + an oath of office; yet from the beginning of the bill to the end there + is no provision for any bond or oath of office, or for any single + qualification required under the State law, such as residence, + citizenship, or anything else. The only oath is that provided for in the + ninth section, by the terms of which everyone detailed or appointed to + any civil office in the State is required "to take and to subscribe the + oath of office prescribed by law for officers of the United States." + Thus an officer of the Army of the United States detailed to fill a + civil office in one of these States gives no official bond and takes + no official oath for the performance of his new duties, but as a civil + officer of the State only takes the same oath which he had already taken + as a military officer of the United States. He is, at last, a military + officer performing civil duties, and the authority under which he acts + is Federal authority only; and the inevitable result is that the Federal + Government, by the agency of its own sworn officers, in effect assumes + the civil government of the State. +</p> +<p> + A singular contradiction is apparent here. Congress declares these local + State governments to be illegal governments, and then provides that + these illegal governments shall be carried on by Federal officers, who + are to perform the very duties imposed on its own officers by this + illegal State authority. It certainly would be a novel spectacle if + Congress should attempt to carry on a <i>legal</i> State government by the + agency of its own officers. It is yet more strange that Congress + attempts to sustain and carry on an <i>illegal</i> State government by the + same Federal agency. +</p> +<p> + In this connection I must call attention to the tenth and eleventh + sections of the bill, which provide that none of the officers or + appointees of these military commanders "shall be bound in his action by + any opinion of any civil officer of the United States," and that all the + provisions of the act "shall be construed liberally, to the end that all + the intents thereof may be fully and perfectly carried out." +</p> +<p> + It seems Congress supposed that this bill might require construction, + and they fix, therefore, the rule to be applied. But where is the + construction to come from? Certainly no one can be more in want of + instruction than a soldier or an officer of the Army detailed for a + civil service, perhaps the most important in a State, with the duties of + which he is altogether unfamiliar. This bill says he shall not be bound + in his action by the opinion of any civil officer of the United States. + The duties of the office are altogether civil, but when he asks for an + opinion he can only ask the opinion of another military officer, who, + perhaps, understands as little of his duties as he does himself; and as + to his "action," he is answerable to the military authority, and to the + military authority alone. Strictly, no opinion of any civil officer + other than a judge has a binding force. +</p> +<p> + But these military appointees would not be bound even by a judicial + opinion. They might very well say, even when their action is in conflict + with the Supreme Court of the United States, "That court is composed of + civil officers of the United States, and we are not bound to conform our + action to any opinion of any such authority." +</p> +<p> + This bill and the acts to which it is supplementary are all founded upon + the assumption that these ten communities are not States and that their + existing governments are not legal. Throughout the legislation upon this + subject they are called "rebel States," and in this particular bill they + are denominated "so-called States," and the vice of illegality is + declared to pervade all of them. The obligations of consistency bind a + legislative body as well as the individuals who compose it. It is now + too late to say that these ten political communities are not States of + this Union. Declarations to the contrary made in these three acts are + contradicted again and again by repeated acts of legislation enacted by + Congress from the year 1861 to the year 1867. +</p> +<p> + During that period, while these States were in actual rebellion, and + after that rebellion was brought to a close, they have been again and + again recognized as States of the Union. Representation has been + apportioned to them as States. They have been divided into judicial + districts for the holding of district and circuit courts of the United + States, as States of the Union only can be districted. The last act on + this subject was passed July 23, 1866, by which every one of these ten + States was arranged into districts and circuits. +</p> +<p> + They have been called upon by Congress to act through their legislatures + upon at least two amendments to the Constitution of the United States. + As States they have ratified one amendment, which required the vote + of twenty-seven States of the thirty-six then composing the Union. + When the requisite twenty-seven votes were given in favor of that + amendment—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. +</p> +<p> + As to the other constitutional amendment, having reference to suffrage, + it happens that these States have not accepted it. The consequence is + that it has never been proclaimed or understood, even by Congress, to be + a part of the Constitution of the United States. The Senate of the + United States has repeatedly given its sanction to the appointment of + judges, district attorneys, and marshals for every one of these States; + yet, if they are not legal States, not one of these judges is authorized + to hold a court. So, too, both Houses of Congress have passed + appropriation bills to pay all these judges, attorneys, and officers of + the United States for exercising their functions in these States. Again, + in the machinery of the internal-revenue laws all these States are + districted, not as "Territories," but as "States." +</p> +<p> + So much for continuous legislative recognition. The instances cited, + however, fall far short of all that might be enumerated. Executive + recognition, as is well known, has been frequent and unwavering. The + same maybe said as to judicial recognition through the Supreme Court of + the United States. That august tribunal, from first to last, in the + administration of its duties <i>in banc</i> and upon the circuit, has never + failed to recognize these ten communities as legal States of the Union. + The cases depending in that court upon appeal and writ of error from + these States when the rebellion began have not been dismissed upon any + idea of the cessation of jurisdiction. They were carefully continued + from term to term until the rebellion was entirely subdued and peace + reestablished, and then they were called for argument and consideration + as if no insurrection had intervened. New cases, occurring since the + rebellion, have come from these States before that court by writ of + error and appeal, and even by original suit, where only "a State" can + bring such a suit. These cases are entertained by that tribunal in the + exercise of its acknowledged jurisdiction, which could not attach to + them if they had come from any political body other than a State of the + Union. Finally, in the allotment of their circuits made by the judges at + the December term, 1865, every one of these States is put on the same + footing of legality with all the other States of the Union. Virginia + and North Carolina, being a part of the fourth circuit, are allotted to + the Chief Justice. South Carolina, Georgia, Alabama, Mississippi, and + Florida constitute the fifth circuit, and are allotted to the late Mr. + Justice Wayne. Louisiana, Arkansas, and Texas are allotted to the sixth + judicial circuit, as to which there is a vacancy on the bench. +</p> +<p> + The Chief Justice, in the exercise of his circuit duties, has recently + held a circuit court in the State of North Carolina. If North Carolina + is not a State of this Union, the Chief Justice had no authority to hold + a court there, and every order, judgment, and decree rendered by him in + that court were <i>coram non judice</i> and void. +</p> +<p> + Another ground on which these reconstruction acts are attempted to be + sustained is this: That these ten States are conquered territory; that + the constitutional relation in which they stood as States toward the + Federal Government prior to the rebellion has given place to a new + relation; that their territory is a conquered country and their citizens + a conquered people, and that in this new relation Congress can govern + them by military power. +</p> +<p> + A title by conquest stands on clear ground; it is a new title acquired + by war; it applies only to territory; for goods or movable things + regularly captured in war are called "booty," or, if taken by individual + soldiers, "plunder." +</p> +<p> + There is not a foot of the land in any one of these ten States which + the United States holds by conquest, save only such land as did not + belong to either of these States or to any individual owner. I mean such + lands as did belong to the pretended government called the Confederate + States. These lands we may claim to hold by conquest. As to all other + land or territory, whether belonging to the States or to individuals, + the Federal Government has now no more title or right to it than + it had before the rebellion. Our own forts, arsenals, navy-yards, + custom-houses, and other Federal property situate in those States we + now hold, not by the title of conquest, but by our old title, acquired + by purchase or condemnation for public use, with compensation to + former owners. We have not conquered these places, but have simply + "repossessed" them. +</p> +<p> + If we require more sites for forts, custom-houses, or other public use, + we must acquire the title to them by purchase or appropriation in the + regular mode. At this moment the United States, in the acquisition of + sites for national cemeteries in these States, acquires title in the + same way. The Federal courts sit in court-houses owned or leased by the + United States, not in the court-houses of the States. The United States + pays each of these States for the use of its jails. Finally, the United + States levies its direct taxes and its internal revenue upon the + property in these States, including the productions of the lands within + their territorial limits, not by way of levy and contribution in the + character of a conqueror, but in the regular way of taxation, under the + same laws which apply to all the other States of the Union. +</p> +<p> + From first to last, during the rebellion and since, the title of each of + these States to the lands and public buildings owned by them has never + been disturbed, and not a foot of it has ever been acquired by the + United States, even under a title by confiscation, and not a foot of + it has ever been taxed under Federal law. +</p> +<p> + In conclusion I must respectfully ask the attention of Congress to the + consideration of one more question arising under this bill. It vests in + the military commander, subject only to the approval of the General of + the Army of the United States, an unlimited power to remove from office + any civil or military officer in each of these ten States, and the + further power, subject to the same approval, to detail or appoint any + military officer or soldier of the United States to perform the duties + of the officer so removed, and to fill all vacancies occurring in those + States by death, resignation, or otherwise. +</p> +<p> + The military appointee thus required to perform the duties of a + civil office according to the laws of the State, and, as such, required + to take an oath, is for the time being a civil officer. What is his + character? Is he a civil officer of the State or a civil officer of the + United States? If he is a civil officer of the State, where is the + Federal power under our Constitution which authorizes his appointment by + any Federal officer? If, however, he is to be considered a civil officer + of the United States, as his appointment and oath would seem to + indicate, where is the authority for his appointment vested by the + Constitution? The power of appointment of all officers of the United + States, civil or military, where not provided for in the Constitution, + is vested in the President, by and with the advice and consent of the + Senate, with this exception, that Congress "may by law vest the + appointment of such inferior officers as they think proper in the + President alone, in the courts of law, or in the heads of Departments." + But this bill, if these are to be considered inferior officers within + the meaning of the Constitution, does not provide for their appointment + by the President alone, or by the courts of law, or by the heads of + Departments, but vests the appointment in one subordinate executive + officer, subject to the approval of another subordinate executive + officer. So that, if we put this question and fix the character of this + military appointee either way, this provision of the bill is equally + opposed to the Constitution. +</p> +<p> + Take the case of a soldier or officer appointed to perform the office + of judge in one of these States, and, as such, to administer the + proper laws of the State. Where is the authority to be found in the + Constitution for vesting in a military or an executive officer strict + judicial functions to be exercised under State law? It has been again + and again decided by the Supreme Court of the United States that acts + of Congress which have attempted to vest <i>executive</i> powers in the + <i>judicial</i> courts or judges of the United States are not warranted by + the Constitution. If Congress can not clothe <i>a judge</i> with merely + <i>executive</i> duties, how can they clothe <i>an officer</i> or <i>soldier</i> of the + Army with <i>judicial</i> duties over citizens of the United States who are + not in the military or naval service? So, too, it has been repeatedly + decided that Congress can not require a State officer, executive or + judicial, to perform any duty enjoined upon him by a law of the United + States. How, then, can Congress confer power upon an executive officer + of the United States to perform such duties in a State? If Congress + could not vest in a judge of one of these States any judicial authority + under the United States by direct enactment, how can it accomplish the + same thing indirectly, by removing the State judge and putting an + officer of the United States in his place? +</p> +<p> + To me these considerations are conclusive of the unconstitutionality + of this part of the bill now before me, and I earnestly commend their + consideration to the deliberate judgment of Congress. +</p> +<p> + Within a period less than a year the legislation of Congress has + attempted to strip the executive department of the Government of some + of its essential powers. The Constitution and the oath provided in it + devolve upon the President the power and duty to see that the laws are + faithfully executed. The Constitution, in order to carry out this power, + gives him the choice of the agents, and makes them subject to his + control and supervision. But in the execution of these laws the + constitutional obligation upon the President remains, but the power + to exercise that constitutional duty is effectually taken away. The + military commander is as to the power of appointment made to take the + place of the President, and the General of the Army the place of the + Senate; and any attempt on the part of the President to assert his own + constitutional power may, under pretense of law, be met by official + insubordination. It is to be feared that these military officers, + looking to the authority given by these laws rather than to the letter + of the Constitution, will recognize no authority but the commander of + the district and the General of the Army. +</p> +<p> + If there were no other objection than this to this proposed legislation, + it would be sufficient. Whilst I hold the chief executive authority of + the United States, whilst the obligation rests upon me to see that all + the laws are faithfully executed, I can never willingly surrender that + trust or the powers given for its execution. I can never give my assent + to be made responsible for the faithful execution of laws, and at the + same time surrender that trust and the powers which accompany it to any + other executive officer, high or low, or to any number of executive + officers. If this executive trust, vested by the Constitution in the + President, is to be taken from him and vested in a subordinate officer, + the responsibility will be with Congress in clothing the subordinate + with unconstitutional power and with the officer who assumes its + exercise. +</p> +<p> + This interference with the constitutional authority of the executive + department is an evil that will inevitably sap the foundations of our + federal system; but it is not the worst evil of this legislation. It is + a great public wrong to take from the President powers conferred on him + alone by the Constitution, but the wrong is more flagrant and more + dangerous when the powers so taken from the President are conferred upon + subordinate executive officers, and especially upon military officers. + Over nearly one-third of the States of the Union military power, + regulated by no fixed law, rules supreme. Each one of the five district + commanders, though not chosen by the people or responsible to them, + exercises at this hour more executive power, military and civil, than + the people have ever been willing to confer upon the head of the + executive department, though chosen by and responsible to themselves. + The remedy must come from the people themselves. They know what it is + and how it is to be applied. At the present time they can not, according + to the forms of the Constitution, repeal these laws; they can not remove + or control this military despotism. The remedy is, nevertheless, in + their hands; it is to be found in the ballot, and is a sure one if + not controlled by fraud, overawed by arbitrary power, or, from apathy + on their part, too long delayed. With abiding confidence in their + patriotism, wisdom, and integrity, I am still hopeful of the future, and + that in the end the rod of despotism will be broken, the armed heel of + power lifted from the necks of the people, and the principles of a + violated Constitution preserved. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 19, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + For reasons heretofore stated in my several veto messages to Congress + upon the subject of reconstruction, I return without my approval the + "Joint resolution to carry into effect the several acts providing for + the more efficient government of the rebel States," and appropriating + for that purpose the sum of $1,000,000. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by the Constitution of the United States the executive power is + vested in a President of the United States of America, who is bound by + solemn oath faithfully to execute the office of President and to the + best of his ability to preserve, protect, and defend the Constitution of + the United States, and is by the same instrument made Commander in Chief + of the Army and Navy of the United States and is required to take care + that the laws be faithfully executed; and +</p> +<p> + Whereas by the same Constitution it is provided that the said + Constitution and the laws of the United States which shall be made in + pursuance thereof shall be the supreme law of the land, and the judges + in every State shall be bound thereby; and +</p> +<p> + Whereas in and by the same Constitution the judicial power of the United + States is vested in one Supreme Court and in such inferior courts as + Congress may from time to time ordain and establish, and the aforesaid + judicial power is declared to extend to all cases in law and equity + arising under the Constitution, the laws of the United States, and the + treaties which shall be made under their authority; and +</p> +<p> + Whereas all officers, civil and military, are bound by oath that they + will support and defend the Constitution against all enemies, foreign + and domestic, and will bear true faith and allegiance to the same; and +</p> +<p> + Whereas all officers of the Army and Navy of the United States, in + accepting their commissions under the laws of Congress and the Rules and + Articles of War, incur an obligation to observe, obey, and follow such + directions as they shall from time to time receive from the President or + the General or other superior officers set over them according to the + rules and discipline of war; and +</p> +<p> + Whereas it is provided by law that whenever, by reason of unlawful + obstructions, combinations, or assemblages of persons or rebellion + against the authority of the Government of the United States, it shall + become impracticable, in the judgment of the President of the United + States, to enforce by the ordinary course of judicial proceedings the + laws of the United States within any State or Territory, the Executive + in that case is authorized and required to secure their faithful + execution by the employment of the land and naval forces; and +</p> +<p> + Whereas impediments and obstructions, serious in their character, have + recently been interposed in the States of North Carolina and South + Carolina, hindering and preventing for a time a proper enforcement there + of the laws of the United States and of the judgments and decrees of a + lawful court thereof, in disregard of the command of the President of + the United States; and +</p> +<p> + Whereas reasonable and well-founded apprehensions exist that such + ill-advised and unlawful proceedings may be again attempted there or + elsewhere: +</p> +<p> + Now, therefore, I, Andrew Johnson, President of the United States, do + hereby warn all persons against obstructing or hindering in any manner + whatsoever the faithful execution of the Constitution and the laws; and + I do solemnly enjoin and command all officers of the Government, civil + and military, to render due submission and obedience to said laws and to + the judgments and decrees of the courts of the United States, and to + give all the aid in their power necessary to the prompt enforcement and + execution of such laws, decrees, judgments, and processes. +</p> +<p> + And I do hereby enjoin upon the officers of the Army and Navy to assist + and sustain the courts and other civil authorities of the United States + in a faithful administration of the laws thereof and in the judgments, + decrees, mandates, and processes of the courts of the United States; and + I call upon all good and well-disposed citizens of the United States + to remember that upon the said Constitution and laws, and upon the + judgments, decrees, and processes of the courts made in accordance with + the same, depend the protection of the lives, liberty, property, and + happiness of the people. And I exhort them everywhere to testify their + devotion to their country, their pride in its prosperity and greatness, + and their determination to uphold its free institutions by a hearty + cooperation in the efforts of the Government to sustain the authority of + the law, to maintain the supremacy of the Federal Constitution, and to + preserve unimpaired the integrity of the National Union. +</p> +<p> + In testimony whereof I have caused the seal of the United States to be + affixed to these presents and sign the same with my hand. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 3d day of September, in the year + 1867. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas in the month of July, A.D. 1861, the two Houses of Congress, + with extraordinary unanimity, solemnly declared that the war then + existing was not waged on the part of the Government in any spirit of + oppression nor for any purpose of conquest or subjugation, nor purpose + of overthrowing or interfering with the rights or established + institutions of the States, but to defend and maintain the supremacy + of the Constitution and to preserve the Union, with all the dignity, + equality, and rights of the several States unimpaired, and that as soon + as these objects should be accomplished the war ought to cease; and +</p> +<p> + Whereas the President of the United States, on the 8th day of December, + A.D. 1863, and on the 26th day of March, A.D. 1864, did, with the + objects of suppressing the then existing rebellion, of inducing all + persons to return to their loyalty, and of restoring the authority of + the United States, issue proclamations offering amnesty and pardon to + all persons who had, directly or indirectly, participated in the then + existing rebellion, except as in those proclamations was specified and + reserved; and +</p> +<p> + Whereas the President of the United States did on the 29th day of May, + A.D. 1865, issue a further proclamation, with the same objects before + mentioned, and to the end that the authority of the Government of the + United States might be restored and that peace, order, and freedom might + be established, and the President did by the said last-mentioned + proclamation proclaim and declare that he thereby granted to all persons + who had, directly or indirectly, participated in the then existing + rebellion, except as therein excepted, amnesty and pardon, with + restoration of all rights of property, except as to slaves, and except + in certain cases where legal proceedings had been instituted, but upon + condition that such persons should take and subscribe an oath therein + prescribed, which oath should be registered for permanent preservation; + and +</p> +<p> + Whereas in and by the said last-mentioned proclamation of the 29th + day of May, A.D. 1865, fourteen extensive classes of persons therein + specially described were altogether excepted and excluded from the + benefits thereof; and +</p> +<p> + Whereas the President of the United States did, on the 2d day of April, + A.D. 1866, issue a proclamation declaring that the insurrection was at + an end and was thenceforth to be so regarded; and +</p> +<p> + Whereas there now exists no organized armed resistance of misguided + citizens or others to the authority of the United States in the + States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, + Alabama, Louisiana, Arkansas, Mississippi, Florida, and Texas, and the + laws can be sustained and enforced therein by the proper civil + authority, State or Federal, and the people of said States are well and + loyally disposed, and have conformed, or, if permitted to do so, will + conform in their legislation to the condition of affairs growing out + of the amendment to the Constitution of the United States prohibiting + slavery within the limits and jurisdiction of the United States; and +</p> +<p> + Whereas there no longer exists any reasonable ground to apprehend within + the States which were involved in the late rebellion any renewal thereof + or any unlawful resistance by the people of said States to the + Constitution and laws of the United States; and +</p> +<p> + Whereas large standing armies, military occupation, martial law, + military tribunals, and the suspension of the privilege of the writ of + <i>habeas corpus</i> and the right of trial by jury are in time of peace + dangerous to public liberty, incompatible with the individual rights of + the citizen, contrary to the genius and spirit of our free institutions, + and exhaustive of the national resources, and ought not, therefore, + to be sanctioned or allowed except in cases of actual necessity for + repelling invasion or suppressing insurrection or rebellion; and +</p> +<p> + Whereas a retaliatory or vindictive policy, attended by unnecessary + disqualifications, pains, penalties, confiscations, and disfranchisements, + now, as always, could only tend to hinder reconciliation among the people + and national restoration, while it must seriously embarrass, obstruct, + and repress popular energies and national industry and enterprise; and +</p> +<p> + Whereas for these reasons it is now deemed essential to the public + welfare and to the more perfect restoration of constitutional law and + order that the said last-mentioned proclamation so as aforesaid issued + on the 29th day of May, A.D. 1865, should be modified, and that the full + and beneficent pardon conceded thereby should be opened and further + extended to a large number of the persons who by its aforesaid + exceptions have been hitherto excluded from Executive clemency: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby proclaim and declare that the full pardon + described in the said proclamation of the 29th day of May, A.D. 1865, + shall henceforth be opened and extended to all persons who, directly or + indirectly, participated in the late rebellion, with the restoration + of all privileges, immunities, and rights of property, except as to + property with regard to slaves, and except in cases of legal proceedings + under the laws of the United States; but upon this condition, + nevertheless, that every such person who shall seek to avail himself of + this proclamation shall take and subscribe the following oath and shall + cause the same to be registered for permanent preservation in the same + manner and with the same effect as with the oath prescribed in the said + proclamation of the 29th day of May, 1865, namely: +</p> +<p class="q"> + I, —— ——, do solemnly swear (or affirm), in presence of Almighty + God, that I will henceforth faithfully support, protect, and defend + the Constitution of the United States and the Union of the States + thereunder, and that I will in like manner abide by and faithfully + support all laws and proclamations which have been made during the late + rebellion with reference to the emancipation of slaves. So help me God. +</p> +<p> + The following persons, and no others, are excluded from the benefits of + this proclamation and of the said proclamation of the 29th day of May, + 1865, namely: +</p> +<p> + First. The chief or pretended chief executive officers, including the + President, the Vice-President, and all heads of departments of the + pretended Confederate or rebel government, and all who were agents + thereof in foreign states and countries, and all who held or pretended + to hold in the service of the said pretended Confederate government a + military rank or title above the grade of brigadier-general or naval + rank or title above that of captain, and all who were or pretended to be + governors of States while maintaining, aiding, abetting, or submitting + to and acquiescing in the rebellion. +</p> +<p> + Second. All persons who in any way treated otherwise than as lawful + prisoners of war persons who in any capacity were employed or engaged in + the military or naval service of the United States. +</p> +<p> + Third. All persons who at the time they may seek to obtain the benefits + of this proclamation are actually in civil, military, or naval + confinement or custody, or legally held to bail, either before or after + conviction, and all persons who were engaged, directly or indirectly, in + the assassination of the late President of the United States or in any + plot or conspiracy in any manner therewith connected. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 7th day of September, A.D. 1867, and + of the Independence of the United States of America the ninety-second. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has been ascertained that in the nineteenth paragraph of + the proclamation of the President of the United States of the 20th of + August, 1866, declaring the insurrection at an end which had theretofore + existed in the State of Texas, the previous proclamation of the 13th of + June, 1865, instead of that of the 2d day of April, 1866, was referred + to: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, do hereby declare and proclaim that the said words + "13th of June, 1865," are to be regarded as erroneous in the paragraph + adverted to, and that the words "2d day of April, 1866," are to be + considered as substituted therefor. +</p> +<p> + In testimony whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 7th day of October, A.D. 1867, and + of the Independence of the United States of America the ninety-second. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + In conformity with a recent custom that may now be regarded as + established on national consent and approval, I, Andrew Johnson, + President of the United States, do hereby recommend to my + fellow-citizens that Thursday, the 28th day of November next, be set + apart and observed throughout the Republic as a day of national + thanksgiving and praise to the Almighty Ruler of Nations, with whom are + dominion and fear, who maketh peace in His high places. +</p> +<p> + Resting and refraining from secular labors on that day, let us + reverently and devoutly give thanks to our Heavenly Father for the + mercies and blessings with which He has crowned the now closing year. + Especially let us remember that He has covered our land through all + its extent with greatly needed and very abundant harvests; that He has + caused industry to prosper, not only in our fields, but also in our + workshops, in our mines, and in our forests. He has permitted us to + multiply ships upon our lakes and rivers and upon the high seas, and at + the same time to extend our iron roads so far into the secluded places + of the continent as to guarantee speedy overland intercourse between + the two oceans. He has inclined our hearts to turn away from domestic + contentions and commotions consequent upon a distracting and desolating + civil war, and to walk more and more in the ancient ways of loyalty, + conciliation, and brotherly love. He has blessed the peaceful efforts + with which we have established new and important commercial treaties + with foreign nations, while we have at the same time strengthened our + national defenses and greatly enlarged our national borders. +</p> +<p> + While thus rendering the unanimous and heartfelt tribute of national + praise and thanksgiving which is so justly due to Almighty God, let us + not fail to implore Him that the same divine protection and care which + we have hitherto so undeservedly and yet so constantly enjoyed may be + continued to our country and our people throughout all their generations + forever. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 26th day of October, A.D. 1867, and + of the Independence of the United States the ninety-second. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + EXECUTIVE ORDERS. +</h2> +<center> + GENERAL ORDERS, No. 10. +</center> +<p class="r"> +HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, March 11, 1867</i>. +</p> +<hr> +<p> + II. In pursuance of the act of Congress entitled "An act to provide for + the more efficient government of the rebel States," the President + directs the following assignments to be made: +</p> +<p> + First District, State of Virginia, to be commanded by Brevet + Major-General J.M. Schofield. Headquarters, Richmond, Va. +</p> +<p> + Second District, consisting of North Carolina and South Carolina, to be + commanded by Major-General D.E. Sickles. Headquarters, Columbia, S.C. +</p> +<p> + Third District, consisting of the States of Georgia, Florida, and + Alabama, to be commanded by Major-General G.H. Thomas. Headquarters, + Montgomery, Ala. +</p> +<p> + Fourth District, consisting of the States of Mississippi and Arkansas, + to be commanded by Brevet Major-General E.O.C. Ord. Headquarters, + Vicksburg, Miss. +</p> +<p> + Fifth District, consisting of the States of Louisiana and Texas, to be + commanded by Major-General P.H. Sheridan. Headquarters, New Orleans, La. +</p> +<p> + The powers of departmental commanders are hereby delegated to the + above-named district commanders. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 18. +</center> +<p class="r"> +HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, March 15, 1867</i>. +</p> +<p> + The President directs that the following change be made, at the request + of Major-General Thomas, in the assignment announced in General Orders, + No. 10, of March 11, 1867, of commanders of districts, under the act of + Congress entitled "An act to provide for the more efficient government + of the rebel States," and of the Department of the Cumberland, created + in General Orders, No. 14, of March 12, 1867: +</p> +<p> + Brevet Major-General John Pope to command the Third District, consisting + of the States of Georgia, Florida, and Alabama; and Major-General George + H. Thomas to command the Department of the Cumberland +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> +WAR DEPARTMENT,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, June 20, 1867</i>. +</p> +<p> + Whereas several commanders of military districts created by the acts of + Congress known as the reconstruction acts have expressed doubts as to + the proper construction thereof and in respect to some of their powers + and duties under said acts, and have applied to the Executive for + information in relation thereto; and +</p> +<p> + Whereas the said acts of Congress have been referred to the + Attorney-General for his opinion thereon, and the said acts and the + opinion of the Attorney-General have been fully and carefully considered + by the President in conference with the heads of the respective + Departments: +</p> +<p> + The President accepts the following as a practical interpretation of the + aforesaid acts of Congress on the points therein presented, and directs + the same to be transmitted to the respective military commanders for + their information, in order that there may be uniformity in the + execution of said acts: +</p> +<p> + 1. The oath prescribed in the supplemental act defines all the + qualifications required, and every person who can take that oath is + entitled to have his name entered upon the list of voters. +</p> +<p> + 2. The board of registration have no authority to administer any other + oath to the person applying for registration than this prescribed oath, + nor to administer an oath to any other person touching the + qualifications of the applicant or the falsity of the oath so taken by + him. The act, to guard against falsity in the oath, provides that if + false the person taking it shall be tried and punished for perjury. +</p> +<p> + No provision is made for challenging the qualifications of the applicant + or entering upon any trial or investigation of his qualifications, + either by witnesses or any other form of proof. +</p> +<p> + 3. <i>As to citizenship and residence</i>: +</p> +<p> + The applicant for registration must be a citizen of the State and of the + United States, and must be a resident of a county or parish included in + the election district. He may be registered if he has been such citizen + for a period less than twelve months at the time he applies for + registration, but he can not vote at any election unless his citizenship + has <i>then</i> extended to the full term of one year. As to such a person, + the exact length of his citizenship should be noted opposite his name on + the list, so that it may appear on the day of election, upon reference + to the list, whether the full term has then been accomplished. +</p> +<p> + 4. An unnaturalized person can not take this oath, but an alien who has + been naturalized can take it, and no other proof of naturalization can + be required from him. +</p> +<p> + 5. No one who is not 21 years of age at the time of registration can + take the oath, for he must swear that he has then attained that age. +</p> +<p> + 6. No one who has been disfranchised for participation in any rebellion + against the United States or for felony committed against the laws of + any State or of the United States can take this oath. +</p> +<p> + The actual participation in a rebellion or the actual commission of a + felony does not amount to disfranchisement. The sort of disfranchisement + here meant is that which is declared by law passed by competent + authority, or which has been fixed upon the criminal by the sentence of + the court which tried him for the crime. +</p> +<p> + No law of the United States has declared the penalty of disfranchisement + for participation in rebellion alone; nor is it known that any such law + exists in either of these ten States, except, perhaps, Virginia, as to + which State special instructions will be given. +</p> +<p> + 7. <i>As to disfranchisement arising from having held office followed by + participation in rebellion</i>: +</p> +<p> + This is the most important part of the oath, and requires strict + attention to arrive at its meaning. The applicant must swear or affirm + as follows: +</p> +<p class="q"> + That I have never been a member of any State legislature, nor held any + executive or judicial office in any State, and afterwards engaged in + an insurrection or rebellion against the United States or given aid or + comfort to the enemies thereof; that I have never taken an oath as a + member of Congress of the United States, or as an officer of the United + States, or as a member of any State legislature, or as an executive + or judicial officer of any State, to support the Constitution of the + United States, and afterwards engaged in insurrection or rebellion + against the United States or given aid or comfort to the enemies + thereof. +</p> +<p> + Two elements must concur in order to disqualify a person under these + clauses: First, the office and official oath to support the Constitution + of the United States; second, engaging afterwards in rebellion. Both + must exist to work disqualification, and must happen in the order of + time mentioned. +</p> +<p> + A person who has held an office and taken the oath to support the + Federal Constitution and has not afterwards engaged in rebellion is not + disqualified. So, too, a person who has engaged in rebellion, but has + not theretofore held an office and taken that oath, is not disqualified. +</p> +<p> + 8. <i>Officers of the United States</i>: +</p> +<p> + As to these the language is without limitation. The person who has at + any time prior to the rebellion held an office, civil or military, under + the United States, and has taken an official oath to support the + Constitution of the United States, is subject to disqualification. +</p> +<p> + 9. <i>Militia officers</i> of any State prior to the rebellion are not + subject to disqualification. +</p> +<p> + 10. <i>Municipal officers</i>—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. +</p> +<p> + 11. Persons who have prior to the rebellion been members of the Congress + of the United States or members of a State legislature are subject to + disqualification, but those who have been members of conventions framing + or amending the Constitution of a State prior to the rebellion are not + subject to disqualification. +</p> +<p> + 12. All the executive or judicial officers of any State who took an oath + to support the Constitution of the United States are subject to + disqualification, including county officers. They are subject to + disqualification if they were required to take as a part of their + official oath <i>the oath to support the Constitution of the United + States</i>. +</p> +<p> + 13. Persons who exercised mere employment under State authority are not + disqualified; such as commissioners to lay out roads, commissioners of + public works, visitors of State institutions, directors of State + institutions, examiners of banks, notaries public, and commissioners to + take acknowledgments of deeds. +</p> +<center> + ENGAGING IN REBELLION. +</center> +<p> + Having specified what offices held by anyone prior to the rebellion come + within the meaning of the law, it is necessary next to set forth what + subsequent conduct fixes upon such person the offense of engaging in + rebellion. Two things must exist as to any person to disqualify him from + voting: First, the office held prior to the rebellion, and, afterwards, + participation in the rebellion. +</p> +<p> + 14. An act to fix upon a person the offense of engaging in the rebellion + under this law must be an overt and voluntary act, done with the intent + of aiding or furthering the common unlawful purpose. A person forced + into the rebel service by conscription or under a paramount authority + which he could not safely disobey, and who would not have entered such + service if left to the free exercise of his own will, can not be held + to be disqualified from voting. +</p> +<p> + 15. Mere acts of charity, where the intent is to relieve the wants of + the object of such charity, and not done in aid of the cause in which he + may have been engaged, do not disqualify; but organized contributions + of food and clothing for the general relief of persons engaged in the + rebellion, and not of a merely sanitary character, but contributed to + enable them to perform their unlawful object, may be classed with acts + which do disqualify. +</p> +<p> + Forced contributions to the rebel cause in the form of taxes or military + assessments, which a person was compelled to pay or contribute, do not + disqualify; but voluntary contributions to the rebel cause, even such + indirect contributions as arise from the voluntary loan of money to + rebel authorities or purchase of bonds or securities created to afford + the means of carrying on the rebellion, will work disqualification. +</p> +<p> + 16. All those who in legislative or other official capacity were engaged + in the furtherance of the common unlawful purpose, where the duties of + the office necessarily had relation to the support of the rebellion, + such as members of the rebel conventions, congresses, and legislatures, + diplomatic agents of the rebel Confederacy, and other officials whose + offices were created for the purpose of more effectually carrying on + hostilities or whose duties appertained to the support of the rebel + cause, must be held to be disqualified. +</p> +<p> + But officers who during the rebellion discharged official duties not + incident to war, but only such duties as belong even to a state of peace + and were necessary to the preservation of order and the administration + of law, are not to be considered as thereby engaging in rebellion or as + disqualified. Disloyal sentiments, opinions, or sympathies would not + disqualify, but where a person has by speech or by writing incited + others to engage in rebellion he must come under the disqualification. +</p> +<p> + 17. <i>The duties of the board appointed to superintend the elections</i>: +</p> +<p> + This board, having the custody of the list of registered voters in the + district for which it is constituted, must see that the name of the + person offering to vote is found upon the registration list, and if such + proves to be the fact it is the duty of the board to receive his vote if + then qualified by residence. They can not receive the vote of any person + whose name is not upon the list, though he may be ready to take the + registration oath, and although he may satisfy them that he was unable + to have his name registered at the proper time, in consequence of + absence, sickness, or other cause. +</p> +<p> + The board can not enter into any inquiry as to the qualifications of any + person whose name is not on the registration list, or as to the + qualifications of any person whose name is on the list. +</p> +<p> + 18. <i>The mode of voting</i> is provided in the act to be <i>by ballot</i>. The + board will keep a record and poll book of the election, showing the + votes, list of voters, and the persons elected by a plurality of the + votes cast at the election, and make returns of these to the commanding + general of the district. +</p> +<p> + 19. The board appointed for registration and for superintending the + elections must take the oath prescribed by the act of Congress approved + July 2, 1862, entitled "An act to prescribe an oath of office." +</p> +<p> + By order of the President: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, August 12, 1867</i>, +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: By virtue of the power and authority vested in me as President by + the Constitution and laws of the United States, you are hereby suspended + from office as Secretary of War, and will cease to exercise any and all + functions pertaining to the same. +</p> +<p> + You will at once transfer to General Ulysses S. Grant, who has this day + been authorized and empowered to act as Secretary of War <i>ad interim</i>, + all records, books, and other property now in your custody and charge. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., August 12, 1867</i>. +</p> +<p> + General ULYSSES S. GRANT, +<br> + <i>Washington, D.C.</i> +</p> +<p> + SIR: The Hon. Edwin M. Stanton having been this day suspended as + Secretary of War, you are hereby authorized and empowered to act as + Secretary of War <i>ad interim</i>, and will at once enter upon the discharge + of the duties of the office. +</p> +<p> + The Secretary of War has been instructed to transfer to you all the + records, books, papers, and other public property now in his custody + and charge. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., August 17, 1867</i>. +</p> +<p> + Major-General George H. Thomas is hereby assigned to the command of the + Fifth Military District, created by the act of Congress passed on the 2d + day of March, 1867. +</p> +<p> + Major-General P.H. Sheridan is hereby assigned to the command of the + Department of the Missouri. +</p> +<p> + Major-General Winfield S. Hancock is hereby assigned to the command of + the Department of the Cumberland. +</p> +<p> + The Secretary of War <i>ad interim</i> will give the necessary instructions + to carry this order into effect. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., August 26, 1867</i>. +</p> +<p> + General U.S. GRANT, +<br> + <i>Secretary of War ad interim</i>. +</p> +<p> + SIR: In consequence of the unfavorable condition of the health of + Major-General George H. Thomas, as reported to you in Surgeon Hasson's + dispatch of the 21st instant, my order dated August 17, 1867, is hereby + modified so as to assign Major-General Winfield S. Hancock to the + command of the Fifth Military District, created by the act of Congress + passed March 2, 1867, and of the military department comprising the + States of Louisiana and Texas. On being relieved from the command + of the Department of the Missouri by Major-General P. H. Sheridan, + Major-General Hancock will proceed directly to New Orleans, La., + and, assuming the command to which he is hereby assigned, will, when + necessary to a faithful execution of the laws, exercise any and all + powers conferred by acts of Congress upon district commanders and any + and all authority pertaining to officers in command of military + departments. +</p> +<p> + Major-General P.H. Sheridan will at once turn over his present command + to the officer next in rank to himself, and, proceeding without delay + to Fort Leavenworth, Kans., will relieve Major-General Hancock of the + command of the Department of the Missouri. +</p> +<p> + Major-General George H. Thomas will until further orders remain in + command of the Department of the Cumberland. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., August 26, 1867</i>. +</p> +<p> + Brevet Major-General Edward R.S. Canby is hereby assigned to the command + of the Second Military District, created by the act of Congress of March + 2, 1867, and of the Military Department of the South, embracing the + States of North Carolina and South Carolina. He will, as soon as + practicable, relieve Major-General Daniel E. Sickles, and, on assuming + the command to which he is hereby assigned, will, when necessary to a + faithful execution of the laws, exercise any and all powers conferred by + acts of Congress upon district commanders and any and all authority + pertaining to officers in command of military departments. +</p> +<p> + Major-General Daniel E. Sickles is hereby relieved from the command of + the Second Military District. +</p> +<p> + The Secretary of War <i>ad interim</i> will give the necessary instructions + to carry this order into effect. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., September 4, 1867</i>. +</p> +<p> + The heads of the several Executive Departments of the Government are + instructed to furnish each person holding an appointment in their + respective Departments with an official copy of the proclamation of the + President bearing date the 3d instant, with directions strictly to + observe its requirements for an earnest support of the Constitution of + the United States and a faithful execution of the laws which have been + made in pursuance thereof. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + [Note.—The Fortieth Congress, second session, met December 2, 1867, in + conformity to the Constitution of the United States, and on July 27, + 1868, in accordance with the concurrent resolution of July 24, adjourned + to September 21; again met September 21, and adjourned to October 16; + again met October 16, and adjourned to November 10; again met November + 10 and adjourned to December 7, 1868; the latter meetings and + adjournments being in accordance with the concurrent resolution of + September 21.] +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + THIRD ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 3, 1867</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + The continued disorganization of the Union, to which the President has + so often called the attention of Congress, is yet a subject of profound + and patriotic concern. We may, however, find some relief from that + anxiety in the reflection that the painful political situation, although + before untried by ourselves, is not new in the experience of nations. + Political science, perhaps as highly perfected in our own time and + country as in any other, has not yet disclosed any means by which civil + wars can be absolutely prevented. An enlightened nation, however, with a + wise and beneficent constitution of free government, may diminish their + frequency and mitigate their severity by directing all its proceedings + in accordance with its fundamental law. +</p> +<p> + When a civil war has been brought to a close, it is manifestly the first + interest and duty of the state to repair the injuries which the war has + inflicted, and to secure the benefit of the lessons it teaches as fully + and as speedily as possible. This duty was, upon the termination of the + rebellion, promptly accepted, not only by the executive department, but + by the insurrectionary States themselves, and restoration in the first + moment of peace was believed to be as easy and certain as it was + indispensable. The expectations, however, then so reasonably and + confidently entertained were disappointed by legislation from which + I felt constrained by my obligations to the Constitution to withhold + my assent. +</p> +<p> + It is therefore a source of profound regret that in complying with the + obligation imposed upon the President by the Constitution to give to + Congress from time to time information of the state of the Union I am + unable to communicate any definitive adjustment, satisfactory to the + American people, of the questions which since the close of the rebellion + have agitated the public mind. On the contrary, candor compels me to + declare that at this time there is no Union as our fathers understood + the term, and as they meant it to be understood by us. The Union which + they established can exist only where all the States are represented in + both Houses of Congress; where one State is as free as another to + regulate its internal concerns according to its own will, and where the + laws of the central Government, strictly confined to matters of national + jurisdiction, apply with equal force to all the people of every section. + That such is not the present "state of the Union" is a melancholy fact, + and we must all acknowledge that the restoration of the States to their + proper legal relations with the Federal Government and with one another, + according to the terms of the original compact, would be the greatest + temporal blessing which God, in His kindest providence, could bestow + upon this nation. It becomes our imperative duty to consider whether + or not it is impossible to effect this most desirable consummation. +</p> +<p> + The Union and the Constitution are inseparable. As long as one is obeyed + by all parties, the other will be preserved; and if one is destroyed, + both must perish together. The destruction of the Constitution will be + followed by other and still greater calamities. It was ordained not only + to form a more perfect union between the States, but to "establish + justice, insure domestic tranquillity, provide for the common defense, + promote the general welfare, and secure the blessings of liberty to + ourselves and our posterity." Nothing but implicit obedience to its + requirements in all parts of the country will accomplish these great + ends. Without that obedience we can look forward only to continual + outrages upon individual rights, incessant breaches of the public peace, + national weakness, financial dishonor, the total loss of our prosperity, + the general corruption of morals, and the final extinction of popular + freedom. To save our country from evils so appalling as these, we should + renew our efforts again and again. +</p> +<p> + To me the process of restoration seems perfectly plain and simple. It + consists merely in a faithful application of the Constitution and laws. + The execution of the laws is not now obstructed or opposed by physical + force. There is no military or other necessity, real or pretended, which + can prevent obedience to the Constitution, either North or South. + All the rights and all the obligations of States and individuals + can be protected and enforced by means perfectly consistent with the + fundamental law. The courts may be everywhere open, and if open their + process would be unimpeded. Crimes against the United States can be + prevented or punished by the proper judicial authorities in a manner + entirely practicable and legal. There is therefore no reason why the + Constitution should not be obeyed, unless those who exercise its powers + have determined that it shall be disregarded and violated. The mere + naked will of this Government, or of some one or more of its branches, + is the only obstacle that can exist to a perfect union of all the + States. +</p> +<p> + On this momentous question and some of the measures growing out of it + I have had the misfortune to differ from Congress, and have expressed + my convictions without reserve, though with becoming deference to the + opinion of the legislative department. Those convictions are not only + unchanged, but strengthened by subsequent events and further reflection. + The transcendent importance of the subject will be a sufficient excuse + for calling your attention to some of the reasons which have so strongly + influenced my own judgment. The hope that we may all finally concur in a + mode of settlement consistent at once with our true interests and with + our sworn duties to the Constitution is too natural and too just to be + easily relinquished. +</p> +<p> + It is clear to my apprehension that the States lately in rebellion are + still members of the National Union. When did they cease to be so? The + "ordinances of secession" adopted by a portion (in most of them a very + small portion) of their citizens were mere nullities. If we admit now + that they were valid and effectual for the purpose intended by their + authors, we sweep from under our feet the whole ground upon which we + justified the war. Were those States afterwards expelled from the Union + by the war? The direct contrary was averred by this Government to be its + purpose, and was so understood by all those who gave their blood and + treasure to aid in its prosecution. It can not be that a successful + war, waged for the preservation of the Union, had the legal effect of + dissolving it. The victory of the nation's arms was not the disgrace + of her policy; the defeat of secession on the battlefield was not the + triumph of its lawless principle. Nor could Congress, with or without + the consent of the Executive, do anything which would have the effect, + directly or indirectly, of separating the States from each other. + To dissolve the Union is to repeal the Constitution which holds it + together, and that is a power which does not belong to any department + of this Government, or to all of them united. +</p> +<p> + This is so plain that it has been acknowledged by all branches of the + Federal Government. The Executive (my predecessor as well as myself) and + the heads of all the Departments have uniformly acted upon the principle + that the Union is not only undissolved, but indissoluble. Congress + submitted an amendment of the Constitution to be ratified by the + Southern States, and accepted their acts of ratification as a necessary + and lawful exercise of their highest function. If they were not States, + or were States out of the Union, their consent to a change in the + fundamental law of the Union would have been nugatory, and Congress in + asking it committed a political absurdity. The judiciary has also given + the solemn sanction of its authority to the same view of the case. The + judges of the Supreme Court have included the Southern States in their + circuits, and they are constantly, <i>in banc</i> and elsewhere, exercising + jurisdiction which does not belong to them unless those States are + States of the Union. +</p> +<p> + If the Southern States are component parts of the Union, the + Constitution is the supreme law for them, as it is for all the other + States. They are bound to obey it, and so are we. The right of the + Federal Government, which is clear and unquestionable, to enforce the + Constitution upon them implies the correlative obligation on our part + to observe its limitations and execute its guaranties. Without the + Constitution we are nothing; by, through, and under the Constitution we + are what it makes us. We may doubt the wisdom of the law, we may not + approve of its provisions, but we can not violate it merely because it + seems to confine our powers within limits narrower than we could wish. + It is not a question of individual or class or sectional interest, much + less of party predominance, but of duty—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. +</p> +<p> + The constitutional duty is not the only one which requires the States + to be restored. There is another consideration which, though of minor + importance, is yet of great weight. On the 22d day of July, 1861, + Congress declared by an almost unanimous vote of both Houses that the + war should be conducted solely for the purpose of preserving the Union + and maintaining the supremacy of the Federal Constitution and laws, + without impairing the dignity, equality, and rights of the States or of + individuals, and that when this was done the war should cease. I do not + say that this declaration is personally binding on those who joined in + making it; any more than individual members of Congress are personally + bound to pay a public debt created under a law for which they voted. + But it was a solemn, public, official pledge of the national honor, + and I can not imagine upon what grounds the repudiation of it is to + be justified. If it be said that we are not bound to keep faith with + rebels, let it be remembered that this promise was not made to rebels + only. Thousands of true men in the South were drawn to our standard by + it, and hundreds of thousands in the North gave their lives in the + belief that it would be carried out. It was made on the day after the + first great battle of the war had been fought and lost. All patriotic + and intelligent men then saw the necessity of giving such an assurance, + and believed that without it the war would end in disaster to our cause. + Having given that assurance in the extremity of our peril, the violation + of it now, in the day of our power, would be a rude rending of that good + faith which holds the moral world together; our country would cease to + have any claim upon the confidence of men; it would make the war not + only a failure, but a fraud. +</p> +<p> + Being sincerely convinced that these views are correct, I would be + unfaithful to my duty if I did not recommend the repeal of the acts of + Congress which place ten of the Southern States under the domination of + military masters. If calm reflection shall satisfy a majority of your + honorable bodies that the acts referred to are not only a violation of + the national faith, but in direct conflict with the Constitution, I dare + not permit myself to doubt that you will immediately strike them from + the statute book. +</p> +<p> + To demonstrate the unconstitutional character of those acts I need do no + more than refer to their general provisions. It must be seen at once + that they are not authorized. To dictate what alterations shall be made + in the constitutions of the several States; to control the elections of + State legislators and State officers, members of Congress and electors + of President and Vice-President, by arbitrarily declaring who shall + vote and who shall be excluded from that privilege; to dissolve State + legislatures or prevent them from assembling; to dismiss judges and + other civil functionaries of the State and appoint others without regard + to State law; to organize and operate all the political machinery of the + States; to regulate the whole administration of their domestic and local + affairs according to the mere will of strange and irresponsible agents, + sent among them for that purpose—these are powers not granted to the + Federal Government or to any one of its branches. Not being granted, we + violate our trust by assuming them as palpably as we would by acting in + the face of a positive interdict; for the Constitution forbids us to do + whatever it does not affirmatively authorize, either by express words or + by clear implication. If the authority we desire to use does not come to + us through the Constitution, we can exercise it only by usurpation, and + usurpation is the most dangerous of political crimes. By that crime the + enemies of free government in all ages have worked out their designs + against public liberty and private right. It leads directly and + immediately to the establishment of absolute rule, for undelegated + power is always unlimited and unrestrained. +</p> +<p> + The acts of Congress in question are not only objectionable for their + assumption of ungranted power, but many of their provisions are in + conflict with the direct prohibitions of the Constitution. The + Constitution commands that a republican form of government shall be + guaranteed to all the States; that no person shall be deprived of life, + liberty, or property without due process of law, arrested without a + judicial warrant, or punished without a fair trial before an impartial + jury; that the privilege of <i>habeas corpus</i> shall not be denied in time + of peace, and that no bill of attainder shall be passed even against a + single individual. Yet the system of measures established by these acts + of Congress does totally subvert and destroy the form as well as the + substance of republican government in the ten States to which they + apply. It binds them hand and foot in absolute slavery, and subjects + them to a strange and hostile power, more unlimited and more likely to + be abused than any other now known among civilized men. It tramples down + all those rights in which the essence of liberty consists, and which a + free government is always most careful to protect. It denies the <i>habeas + corpus</i> and the trial by jury. Personal freedom, property, and life, if + assailed by the passion, the prejudice, or the rapacity of the ruler, + have no security whatever. It has the effect of a bill of attainder or + bill of pains and penalties, not upon a few individuals, but upon whole + masses, including the millions who inhabit the subject States, and even + their unborn children. These wrongs, being expressly forbidden, can not + be constitutionally inflicted upon any portion of our people, no matter + how they may have come within our jurisdiction, and no matter whether + they live in States, Territories, or districts. +</p> +<p> + I have no desire to save from the proper and just consequences of their + great crime those who engaged in rebellion against the Government, but + as a mode of punishment the measures under consideration are the most + unreasonable that could be invented. Many of those people are perfectly + innocent; many kept their fidelity to the Union untainted to the last; + many were incapable of any legal offense; a large proportion even of the + persons able to bear arms were forced into rebellion against their will, + and of those who are guilty with their own consent the degrees of guilt + are as various as the shades of their character and temper. But these + acts of Congress confound them all together in one common doom. + Indiscriminate vengeance upon classes, sects, and parties, or upon whole + communities, for offenses committed by a portion of them against the + governments to which they owed obedience was common in the barbarous + ages of the world; but Christianity and civilization have made such + progress that recourse to a punishment so cruel and unjust would meet + with the condemnation of all unprejudiced and right-minded men. The + punitive justice of this age, and especially of this country, does not + consist in stripping whole States of their liberties and reducing all + their people, without distinction, to the condition of slavery. It deals + separately with each individual, confines itself to the forms of law, + and vindicates its own purity by an impartial examination of every case + before a competent judicial tribunal. If this does not satisfy all our + desires with regard to Southern rebels, let us console ourselves by + reflecting that a free Constitution, triumphant in war and unbroken in + peace, is worth far more to us and our children than the gratification + of any present feeling. +</p> +<p> + I am aware it is assumed that this system of government for the + Southern States is not to be perpetual. It is true this military + government is to be only provisional, but it is through this temporary + evil that a greater evil is to be made perpetual. If the guaranties + of the Constitution can be broken provisionally to serve a temporary + purpose, and in a part only of the country, we can destroy them + everywhere and for all time. Arbitrary measures often change, but they + generally change for the worse. It is the curse of despotism that it has + no halting place. The intermitted exercise of its power brings no sense + of security to its subjects, for they can never know what more they will + be called to endure when its red right hand is armed to plague them + again. Nor is it possible to conjecture how or where power, unrestrained + by law, may seek its next victims. The States that are still free may be + enslaved at any moment; for if the Constitution does not protect all, it + protects none. +</p> +<p> + It is manifestly and avowedly the object of these laws to confer upon + negroes the privilege of voting and to disfranchise such a number of + white citizens as will give the former a clear majority at all elections + in the Southern States. This, to the minds of some persons, is so + important that a violation of the Constitution is justified as a means + of bringing it about. The morality is always false which excuses a wrong + because it proposes to accomplish a desirable end. We are not permitted + to do evil that good may come. But in this case the end itself is evil, + as well as the means. The subjugation of the States to negro domination + would be worse than the military despotism under which they are now + suffering. It was believed beforehand that the people would endure any + amount of military oppression for any length of time rather than degrade + themselves by subjection to the negro race. Therefore they have been + left without a choice. Negro suffrage was established by act of + Congress, and the military officers were commanded to superintend the + process of clothing the negro race with the political privileges torn + from white men. +</p> +<p> + The blacks in the South are entitled to be well and humanely governed, + and to have the protection of just laws for all their rights of person + and property. If it were practicable at this time to give them a + Government exclusively their own, under which they might manage their + own affairs in their own way, it would become a grave question whether + we ought to do so, or whether common humanity would not require us to + save them from themselves. But under the circumstances this is only a + speculative point. It is not proposed merely that they shall govern + themselves, but that they shall rule the white race, make and administer + State laws, elect Presidents and members of Congress, and shape to a + greater or less extent the future destiny of the whole country. Would + such a trust and power be safe in such hands? +</p> +<p> + The peculiar qualities which should characterize any people who are fit + to decide upon the management of public affairs for a great state have + seldom been combined. It is the glory of white men to know that they + have had these qualities in sufficient measure to build upon this + continent a great political fabric and to preserve its stability for + more than ninety years, while in every other part of the world all + similar experiments have failed. But if anything can be proved by known + facts, if all reasoning upon evidence is not abandoned, it must be + acknowledged that in the progress of nations negroes have shown less + capacity for government than any other race of people. No independent + government of any form has ever been successful in their hands. On the + contrary, wherever they have been left to their own devices they have + shown a constant tendency to relapse into barbarism. In the Southern + States, however, Congress has undertaken to confer upon them the + privilege of the ballot. Just released from slavery, it may be doubted + whether as a class they know more than their ancestors how to organize + and regulate civil society. Indeed, it is admitted that the blacks of + the South are not only regardless of the rights of property, but so + utterly ignorant of public affairs that their voting can consist in + nothing more than carrying a ballot to the place where they are directed + to deposit it. I need not remind you that the exercise of the elective + franchise is the highest attribute of an American citizen, and that when + guided by virtue, intelligence, patriotism, and a proper appreciation of + our free institutions it constitutes the true basis of a democratic form + of government, in which the sovereign power is lodged in the body of the + people. A trust artificially created, not for its own sake, but solely + as a means of promoting the general welfare, its influence for good must + necessarily depend upon the elevated character and true allegiance of + the elector. It ought, therefore, to be reposed in none except those who + are fitted morally and mentally to administer it well; for if conferred + upon persons who do not justly estimate its value and who are + indifferent as to its results, it will only serve as a means of placing + power in the hands of the unprincipled and ambitious, and must eventuate + in the complete destruction of that liberty of which it should be the + most powerful conservator. I have therefore heretofore urged upon your + attention the great danger— +</p> +<p class="q"> + to be apprehended from an untimely extension of the elective franchise + to any new class in our country, especially when the large majority of + that class, in wielding the power thus placed in their hands, can not be + expected correctly to comprehend the duties and responsibilities which + pertain to suffrage. Yesterday, as it were, 4,000,000 persons were held + in a condition of slavery that had existed for generations; to-day they + are freemen and are assumed by law to be citizens. It can not be + presumed, from their previous condition of servitude, that as a class + they are as well informed as to the nature of our Government as the + intelligent foreigner who makes our land the home of his choice. In the + case of the latter neither a residence of five years and the knowledge + of our institutions which it gives nor attachment to the principles of + the Constitution are the only conditions upon which he can be admitted + to citizenship; he must prove in addition a good moral character, and + thus give reasonable ground for the belief that he will be faithful to + the obligations which he assumes as a citizen of the Republic. Where + a people—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. +</p> +<hr> +<p class="q"> + I yield to no one in attachment to that rule of general suffrage which + distinguishes our policy as a nation. But there is a limit, wisely + observed hitherto, which makes the ballot a privilege and a trust, + and which requires of some classes a time suitable for probation + and preparation. To give it indiscriminately to a new class, wholly + unprepared by previous habits and opportunities to perform the trust + which it demands, is to degrade it, and finally to destroy its power, + for it may be safely assumed that no political truth is better + established than that such indiscriminate and all-embracing extension + of popular suffrage must end at last in its destruction. +</p> +<p> + I repeat the expression of my willingness to join in any plan within + the scope of our constitutional authority which promises to better the + condition of the negroes in the South, by encouraging them in industry, + enlightening their minds, improving their morals, and giving protection + to all their just rights as freedmen. But the transfer of our political + inheritance to them would, in my opinion, be an abandonment of a duty + which we owe alike to the memory of our fathers and the rights of our + children. +</p> +<p> + The plan of putting the Southern States wholly and the General + Government partially into the hands of negroes is proposed at a time + peculiarly unpropitious. The foundations of society have been broken + up by civil war. Industry must be reorganized, justice reestablished, + public credit maintained, and order brought out of confusion. To + accomplish these ends would require all the wisdom and virtue of the + great men who formed our institutions originally. I confidently believe + that their descendants will be equal to the arduous task before them, + but it is worse than madness to expect that negroes will perform it for + us. Certainly we ought not to ask their assistance till we despair of + our own competency. +</p> +<p> + The great difference between the two races in physical, mental, + and moral characteristics will prevent an amalgamation or fusion + of them together in one homogeneous mass. If the inferior obtains the + ascendency over the other, it will govern with reference only to its own + interests—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. +</p> +<p> + I would not put considerations of money in competition with justice and + right; but the expenses incident to "reconstruction" under the system + adopted by Congress aggravate what I regard as the intrinsic wrong of + the measure itself. It has cost uncounted millions already, and if + persisted in will add largely to the weight of taxation, already too + oppressive to be borne without just complaint, and may finally reduce + the Treasury of the nation to a condition of bankruptcy. We must not + delude ourselves. It will require a strong standing army and probably + more than $200,000,000 per annum to maintain the supremacy of negro + governments after they are established. The sum thus thrown away would, + if properly used, form a sinking fund large enough to pay the whole + national debt in less than fifteen years. It is vain to hope that + negroes will maintain their ascendency themselves. Without military + power they are wholly incapable of holding in subjection the white + people of the South. +</p> +<p> + I submit to the judgment of Congress whether the public credit may not + be injuriously affected by a system of measures like this. With our debt + and the vast private interests which are complicated with it, we can not + be too cautious of a policy which might by possibility impair the + confidence of the world in our Government. That confidence can only be + retained by carefully inculcating the principles of justice and honor + on the popular mind and by the most scrupulous fidelity to all our + engagements of every sort. Any serious breach of the organic law, + persisted in for a considerable time, can not but create fears for the + stability of our institutions. Habitual violation of prescribed rules, + which we bind ourselves to observe, must demoralize the people. Our only + standard of civil duty being set at naught, the sheet anchor of our + political morality is lost, the public conscience swings from its + moorings and yields to every impulse of passion and interest. If we + repudiate the Constitution, we will not be expected to care much for + mere pecuniary obligations. The violation of such a pledge as we made on + the 22d day of July, 1861, will assuredly diminish the market value of + our other promises. Besides, if we acknowledge that the national debt + was created, not to hold the States in the Union, as the taxpayers were + led to suppose, but to expel them from it and hand them over to be + governed by negroes, the moral duty to pay it may seem much less clear. + I say it may <i>seem</i> so, for I do not admit that this or any other + argument in favor of repudiation can be entertained as sound; but + its influence on some classes of minds may well be apprehended. The + financial honor of a great commercial nation, largely indebted and with + a republican form of government administered by agents of the popular + choice, is a thing of such delicate texture and the destruction of it + would be followed by such unspeakable calamity that every true patriot + must desire to avoid whatever might expose it to the slightest danger. +</p> +<p> + The great interests of the country require immediate relief from these + enactments. Business in the South is paralyzed by a sense of general + insecurity, by the terror of confiscation, and the dread of negro + supremacy. The Southern trade, from which the North would have derived + so great a profit under a government of law, still languishes, and can + never be revived until it ceases to be fettered by the arbitrary power + which makes all its operations unsafe. That rich country—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. +</p> +<p> + Another reason for retracing our steps will doubtless be seen by + Congress in the late manifestations of public opinion upon this subject. + We live in a country where the popular will always enforces obedience + to itself, sooner or later. It is vain to think of opposing it with + anything short of legal authority backed by overwhelming force. It can + not have escaped your attention that from the day on which Congress + fairly and formally presented the proposition to govern the Southern + States by military force, with a view to the ultimate establishment of + negro supremacy, every expression of the general sentiment has been more + or less adverse to it. The affections of this generation can not be + detached from the institutions of their ancestors. Their determination + to preserve the inheritance of free government in their own hands and + transmit it undivided and unimpaired to their own posterity is too + strong to be successfully opposed. Every weaker passion will disappear + before that love of liberty and law for which the American people are + distinguished above all others in the world. +</p> +<p> + How far the duty of the President "to preserve, protect, and defend + the Constitution" requires him to go in opposing an unconstitutional + act of Congress is a very serious and important question, on which + I have deliberated much and felt extremely anxious to reach a proper + conclusion. Where an act has been passed according to the forms of the + Constitution by the supreme legislative authority, and is regularly + enrolled among the public statutes of the country, Executive resistance + to it, especially in times of high party excitement, would be likely to + produce violent collision between the respective adherents of the two + branches of the Government. This would be simply civil war, and civil + war must be resorted to only as the last remedy for the worst of evils. + Whatever might tend to provoke it should be most carefully avoided. + A faithful and conscientious magistrate will concede very much to honest + error, and something even to perverse malice, before he will endanger + the public peace; and he will not adopt forcible measures, or such as + might lead to force, as long as those which are peaceable remain open to + him or to his constituents. It is true that cases may occur in which the + Executive would be compelled to stand on its rights, and maintain them + regardless of all consequences. If Congress should pass an act which is + not only in palpable conflict with the Constitution, but will certainly, + if carried out, produce immediate and irreparable injury to the organic + structure of the Government, and if there be, neither judicial remedy + for the wrongs it inflicts nor power in the people to protect themselves + without the official aid of their elected defender—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. +</p> +<p> + It is well and publicly known that enormous frauds have been perpetrated + on the Treasury and that colossal fortunes have been made at the public + expense. This species of corruption has increased, is increasing, and + if not diminished will soon bring us into total ruin and disgrace. The + public creditors and the taxpayers are alike interested in an honest + administration of the finances, and neither class will long endure the + large-handed robberies of the recent past. For this discreditable state + of things there are several causes. Some of the taxes are so laid as + to present an irresistible temptation to evade payment. The great sums + which officers may win by connivance at fraud create a pressure which is + more than the virtue of many can withstand, and there can be no doubt + that the open disregard of constitutional obligations avowed by some of + the highest and most influential men in the country has greatly weakened + the moral sense of those who serve in subordinate places. The expenses + of the United States, including interest on the public debt, are more + than six times as much as they were seven years ago. To collect and + disburse this vast amount requires careful supervision as well as + systematic vigilance. The system, never perfected, was much disorganized + by the "tenure-of-office bill," which has almost destroyed official + accountability. The President may be thoroughly convinced that an + officer is incapable, dishonest, or unfaithful to the Constitution, but + under the law which I have named the utmost he can do is to complain to + the Senate and ask the privilege of supplying his place with a better + man. If the Senate be regarded as personally or politically hostile to + the President, it is natural, and not altogether unreasonable, for the + officer to expect that it will take his part as far as possible, restore + him to his place, and give him a triumph over his Executive superior. + The officer has other chances of impunity arising from accidental + defects of evidence, the mode of investigating it, and the secrecy of + the hearing. It is not wonderful that official malfeasance should become + bold in proportion as the delinquents learn to think themselves safe. + I am entirely persuaded that under such a rule the President can not + perform the great duty assigned to him of seeing the laws faithfully + executed, and that it disables him most especially from enforcing that + rigid accountability which is necessary to the due execution of the + revenue laws. +</p> +<p> + The Constitution invests the President with authority to <i>decide</i> + whether a removal should be made in any given case; the act of Congress + declares in substance that he shall only <i>accuse</i> such as he supposes to + be unworthy of their trust. The Constitution makes him <i>sole judge</i> in + the premises, but the statute takes away his jurisdiction, transfers + it to the Senate, and leaves him nothing but the odious and sometimes + impracticable duty of becoming a <i>prosecutor</i>. The prosecution is to be + conducted before a tribunal whose members are not, like him, responsible + to the whole people, but to separate constituent bodies, and who may + hear his accusation with great disfavor. The Senate is absolutely + without any known standard of decision applicable to such a case. Its + judgment can not be anticipated, for it is not governed by any rule. + The law does not define what shall be deemed good cause for removal. + It is impossible even to conjecture what may or may not be so considered + by the Senate. The nature of the subject forbids clear proof. If the + charge be incapacity, what evidence will support it? Fidelity to the + Constitution may be understood or misunderstood in a thousand different + ways, and by violent party men, in violent party times, unfaithfulness + to the Constitution may even come to be considered meritorious. If the + officer be accused of dishonesty, how shall it be made out? Will it be + inferred from acts unconnected with public duty, from private history, + or from general reputation, or must the President await the commission + of an actual misdemeanor in office? Shall he in the meantime risk the + character and interest of the nation in the hands of men to whom he + can not give his confidence? Must he forbear his complaint until the + mischief is done and can not be prevented? If his zeal in the public + service should impel him to anticipate the overt act, must he move at + the peril of being tried himself for the offense of slandering his + subordinate? In the present circumstances of the country someone must be + held responsible for official delinquency of every kind. It is extremely + difficult to say where that responsibility should be thrown if it be + not left where it has been placed by the Constitution. But all just men + will admit that the President ought to be entirely relieved from such + responsibility if he can not meet it by reason of restrictions placed + by law upon his action. +</p> +<p> + The unrestricted power of removal from office is a very great one to be + trusted even to a magistrate chosen by the general suffrage of the whole + people and accountable directly to them for his acts. It is undoubtedly + liable to abuse, and at some periods of our history perhaps has been + abused. If it be thought desirable and constitutional that it should be + so limited as to make the President merely a common informer against + other public agents, he should at least be permitted to act in that + capacity before some open tribunal, independent of party politics, ready + to investigate the merits of every case, furnished with the means of + taking evidence, and bound to decide according to established rules. + This would guarantee the safety of the accuser when he acts in good + faith, and at the same time secure the rights of the other party. I + speak, of course, with all proper respect for the present Senate, but it + does not seem to me that any legislative body can be so constituted as + to insure its fitness for these functions. +</p> +<p> + It is not the theory of this Government that public offices are the + property of those who hold them. They are given merely as a trust for + the public benefit, sometimes for a fixed period, sometimes during good + behavior, but generally they are liable to be terminated at the pleasure + of the appointing power, which represents the collective majesty and + speaks the will of the people. The forced retention in office of a + single dishonest person may work great injury to the public interests. + The danger to the public service comes not from the power to remove, + but from the power to appoint. Therefore it was that the framers of the + Constitution left the power of removal unrestricted, while they gave + the Senate a right to reject all appointments which in its opinion were + not fit to be made. A little reflection on this subject will probably + satisfy all who have the good of the country at heart that our best + course is to take the Constitution for our guide, walk in the path + marked out by the founders of the Republic, and obey the rules made + sacred by the observance of our great predecessors. +</p> +<p> + The present condition of our finances and circulating medium is one to + which your early consideration is invited. +</p> +<p> + The proportion which the currency of any country should bear to + the whole value of the annual produce circulated by its means is a + question upon which political economists have not agreed. Nor can it + be controlled by legislation, but must be left to the irrevocable laws + which everywhere regulate commerce and trade. The circulating medium + will ever irresistibly flow to those points where it is in greatest + demand. The law of demand and supply is as unerring as that which + regulates the tides of the ocean; and, indeed, currency, like the + tides, has its ebbs and flows throughout the commercial world. +</p> +<p> + At the beginning of the rebellion the bank-note circulation of the + country amounted to not much more than $200,000,000; now the circulation + of national-bank notes and those known as "legal-tenders" is nearly + seven hundred millions. While it is urged by some that this amount + should be increased, others contend that a decided reduction is + absolutely essential to the best interests of the country. In view of + these diverse opinions, it may be well to ascertain the real value of + our paper issues when compared with a metallic or convertible currency. + For this purpose let us inquire how much gold and silver could be + purchased by the seven hundred millions of paper money now in + circulation. Probably not more than half the amount of the latter, + showing that when our paper currency is compared with gold and silver + its commercial value is compressed into three hundred and fifty + millions. This striking fact makes it the obvious duty of the + Government, as early as may be consistent with the principles of sound + political economy, to take such measures as will enable the holder of + its notes and those of the national banks to convert them without loss + into specie or its equivalent. A reduction of our paper circulating + medium need not necessarily follow. This, however, would depend upon + the law of demand and supply, though it should be borne in mind that + by making legal-tender and bank notes convertible into coin or its + equivalent their present specie value in the hands of their holders + would be enhanced 100 per cent. +</p> +<p> + Legislation for the accomplishment of a result so desirable is demanded + by the highest public considerations. The Constitution contemplates that + the circulating medium of the country shall be uniform in quality and + value. At the time of the formation of that instrument the country had + just emerged from the War of the Revolution, and was suffering from the + effects of a redundant and worthless paper currency. The sages of that + period were anxious to protect their posterity from the evils that they + themselves had experienced. Hence in providing a circulating medium they + conferred upon Congress the power to coin money and regulate the value + thereof, at the same time prohibiting the States from making anything + but gold and silver a tender in payment of debts. +</p> +<p> + The anomalous condition of our currency is in striking contrast with + that which was originally designed. Our circulation now embraces, first, + notes of the national banks, which are made receivable for all dues to + the Government, excluding imposts, and by all its creditors, excepting + in payment of interest upon its bonds and the securities themselves; + second, legal-tender notes, issued by the United States, and which the + law requires shall be received as well in payment of all debts between + citizens as of all Government dues, excepting imposts; and, third, gold + and silver coin. By the operation of our present system of finance, + however, the metallic currency, when collected, is reserved only for one + class of Government creditors, who, holding its bonds, semiannually + receive their interest in coin from the National Treasury. They are thus + made to occupy an invidious position, which may be used to strengthen + the arguments of those who would bring into disrepute the obligations + of the nation. In the payment of all its debts the plighted faith of + the Government should be inviolably maintained. But while it acts with + fidelity toward the bondholder who loaned his money that the integrity + of the Union might be preserved, it should at the same time observe good + faith with the great masses of the people, who, having rescued the Union + from the perils of rebellion, now bear the burdens of taxation, that the + Government may be able to fulfill its engagements. There is no reason + which will be accepted as satisfactory by the people why those who + defend us on the land and protect us on the sea; the pensioner upon the + gratitude of the nation, bearing the scars and wounds received while + in its service; the public servants in the various Departments of the + Government; the farmer who supplies the soldiers of the Army and the + sailors of the Navy; the artisan who toils in the nation's workshops, + or the mechanics and laborers who build its edifices and construct + its forts and vessels of war, should, in payment of their just and + hard-earned dues, receive depreciated paper, while another class of + their countrymen, no more deserving, are paid in coin of gold and + silver. Equal and exact justice requires that all the creditors of the + Government should be paid in a currency possessing a uniform value. + This can only be accomplished by the restoration of the currency to the + standard established by the Constitution; and by this means we would + remove a discrimination which may, if it has not already done so, create + a prejudice that may become deep rooted and widespread and imperil the + national credit. +</p> +<p> + The feasibility of making our currency correspond with the + constitutional standard may be seen by reference to a few facts derived + from our commercial statistics. +</p> +<p> + The production of precious metals in the United States from 1849 + to 1857, inclusive, amounted to $579,000,000; from 1858 to 1860, + inclusive, to $137,500,000, and from 1861 to 1867, inclusive, to + $457,500,000—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. +</p> +<p> + These are important facts and show how completely the inferior currency + will supersede the better, forcing it from circulation among the masses + and causing it to be exported as a mere article of trade, to add to the + money capital of foreign lands. They show the necessity of retiring our + paper money, that the return of gold and silver to the avenues of trade + may be invited and a demand created which will cause the retention + at home of at least so much of the productions of our rich and + inexhaustible gold-bearing fields as may be sufficient for purposes + of circulation. It is unreasonable to expect a return to a sound + currency so long as the Government by continuing to issue irredeemable + notes fills the channels of circulation with depreciated paper. + Notwithstanding a coinage by our mints, since 1849, of $874,000,000, + the people are now strangers to the currency which was designed for + their use and benefit, and specimens of the precious metals bearing + the national device are seldom seen, except when produced to gratify + the interest excited by their novelty. If depreciated paper is to be + continued as the permanent currency of the country, and all our coin is + to become a mere article of traffic and speculation, to the enhancement + in price of all that is indispensable to the comfort of the people, it + would be wise economy to abolish our mints, thus saving the nation the + care and expense incident to such establishments, and let all our + precious metals be exported in bullion. The time has come, however, when + the Government and national banks should be required to take the most + efficient steps and make all necessary arrangements for a resumption + of specie payments at the earliest practicable period. Specie payments + having been once resumed by the Government and banks, all notes or bills + of paper issued by either of a less denomination than $20 should by law + be excluded from circulation, so that the people may have the benefit + and convenience of a gold and silver currency which in all their + business transactions will be uniform in value at home and abroad. +</p> +<p class="q"> + Every man of property or industry, every man who desires to preserve + what he honestly possesses or to obtain what he can honestly earn, has a + direct interest in maintaining a safe circulating medium—such a medium + as shall be real and substantial, not liable to vibrate with opinions, + not subject to be blown up or blown down by the breath of speculation, + but to be made stable and secure. A disordered currency is one of the + greatest political evils. It undermines the virtues necessary for the + support of the social system and encourages propensities destructive of + its happiness; it wars against industry, frugality, and economy, and it + fosters the evil spirits of extravagance and speculation. +</p> +<p> + It has been asserted by one of our profound and most gifted statesmen + that— +</p> +<p class="q"> + Of all the contrivances for cheating the laboring classes of mankind, + none has been more effectual than that which deludes them with paper + money. This is the most effectual of inventions to fertilize the rich + man's fields by the sweat of the poor man's brow. Ordinary tyranny, + oppression, excessive taxation—these bear lightly on the happiness of + the mass of the community compared with a fraudulent currency and the + robberies committed by depreciated paper. Our own history has recorded + for our instruction enough, and more than enough, of the demoralizing + tendency, the injustice, and the intolerable oppression on the virtuous + and well disposed of a degraded paper currency authorized by law or in + any way countenanced by government. +</p> +<p> + It is one of the most successful devices, in times of peace or war, + expansions or revulsions, to accomplish the transfer of all the precious + metals from the great mass of the people into the hands of the few, + where they are hoarded in secret places or deposited in strong boxes + under bolts and bars, while the people are left to ensure all the + inconvenience, sacrifice, and demoralization resulting from the use + of a depreciated and worthless paper money. +</p> +<p> + The condition of our finances and the operations of our revenue + system are set forth and fully explained in the able and instructive + report of the Secretary of the Treasury. On the 30th of June, 1866, + the public debt amounted to $2,783,425,879; on the 30th of June last + it was $2,692,199,215, showing a reduction during the fiscal year of + $91,226,664. During the fiscal year ending June 30, 1867, the receipts + were $490,634,010 and the expenditures $346,729,129, leaving an + available surplus of $143,904,880. It is estimated that the receipts for + the fiscal year ending June 30, 1868, will be $417,161,928 and that the + expenditures will reach the sum of $393,269,226, leaving in the Treasury + a surplus of $23,892,702. For the fiscal year ending June 30, 1869, it + is estimated that the receipts will amount to $381,000,000 and that the + expenditures will be $372,000,000, showing an excess of $9,000,000 in + favor of the Government. +</p> +<p> + The attention of Congress is earnestly invited to the necessity of a + thorough revision of our revenue system. Our internal-revenue laws and + impost system should be so adjusted as to bear most heavily on articles + of luxury, leaving the necessaries of life as free from taxation as + may be consistent with the real wants of the Government, economically + administered. Taxation would not then fall unduly on the man of moderate + means; and while none would be entirely exempt from assessment, all, in + proportion to their pecuniary abilities, would contribute toward the + support of the State. A modification of the internal-revenue system, by + a large reduction in the number of articles now subject to tax, would + be followed by results equally advantageous to the citizen and the + Government. It would render the execution of the law less expensive and + more certain, remove obstructions to industry, lessen the temptations to + evade the law, diminish the violations and frauds perpetrated upon its + provisions, make its operations less inquisitorial, and greatly reduce + in numbers the army of taxgatherers created by the system, who "take + from the mouth of honest labor the bread it has earned." Retrenchment, + reform, and economy should be carried into every branch of the public + service, that the expenditures of the Government may be reduced and the + people relieved from oppressive taxation; a sound currency should be + restored, and the public faith in regard to the national debt sacredly + observed. The accomplishment of these important results, together with + the restoration of the Union of the States upon the principles of + the Constitution, would inspire confidence at home and abroad in the + stability of our institutions and bring to the nation prosperity, + peace, and good will. +</p> +<p> + The report of the Secretary of War <i>ad interim</i> exhibits the operations + of the Army and of the several bureaus of the War Department. The + aggregate strength of our military force on the 30th of September + last was 56,315. The total estimate for military appropriations is + $77,124,707, including a deficiency in last year's appropriation of + $13,600,000. The payments at the Treasury on account of the service + of the War Department from January 1 to October 29, 1867—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. +</p> +<p> + The comprehensive report of the Secretary of the Interior furnishes + interesting information in reference to the important branches of the + public service connected with his Department. The menacing attitude of + some of the warlike bands of Indians inhabiting the district of country + between the Arkansas and Platte rivers and portions of Dakota Territory + required the presence of a large military force in that region. + Instigated by real or imaginary grievances, the Indians occasionally + committed acts of barbarous violence upon emigrants and our frontier + settlements; but a general Indian war has been providentially averted. + The commissioners under the act of 20th July, 1867, were invested with + full power to adjust existing difficulties, negotiate treaties with the + disaffected bands, and select for them reservations remote from the + traveled routes between the Mississippi and the Pacific. They entered + without delay upon the execution of their trust, but have not yet made + any official report of their proceedings. It is of vital importance that + our distant Territories should be exempt from Indian outbreaks, and + that the construction of the Pacific Railroad, an object of national + importance, should not be interrupted by hostile tribes. These objects, + as well as the material interests and the moral and intellectual + improvement of the Indians, can be most effectually secured by + concentrating them upon portions of country set apart for their + exclusive use and located at points remote from our highways and + encroaching white settlements. +</p> +<p> + Since the commencement of the second session of the Thirty-ninth + Congress 510 miles of road have been constructed on the main line + and branches of the Pacific Railway. The line from Omaha is rapidly + approaching the eastern base of the Rocky Mountains, while the terminus + of the last section of constructed road in California, accepted by the + Government on the 24th day of October last, was but 11 miles distant + from the summit of the Sierra Nevada. The remarkable energy evinced by + the companies offers the strongest assurance that the completion of the + road from Sacramento to Omaha will not be long deferred. +</p> +<p> + During the last fiscal year 7,041,114 acres of public land were + disposed of, and the cash receipts from sales and fees exceeded by + one-half million dollars the sum realized from those sources during the + preceding year. The amount paid to pensioners, including expenses of + disbursements, was $18,619,956, and 36,482 names were added to the + rolls. The entire number of pensioners on the 30th of June last was + 155,474. Eleven thousand six hundred and fifty-five patents and designs + were issued during the year ending September 30, 1867, and at that + date the balance in the Treasury to the credit of the patent fund + was $286,607. +</p> +<p> + The report of the Secretary of the Navy states that we have seven + squadrons actively and judiciously employed, under efficient and able + commanders, in protecting the persons and property of American citizens, + maintaining the dignity and power of the Government, and promoting the + commerce and business interests of our countrymen in every part of the + world. Of the 238 vessels composing the present Navy of the United + States, 56, carrying 507 guns, are in squadron service. During the year + the number of vessels in commission has been reduced 12, and there + are 13 less on squadron duty than there were at the date of the last + report. A large number of vessels were commenced and in the course of + construction when the war terminated, and although Congress had made the + necessary appropriations for their completion, the Department has either + suspended work upon them or limited the slow completion of the steam + vessels, so as to meet the contracts for machinery made with private + establishments. The total expenditures of the Navy Department for the + fiscal year ending June 30, 1867, were $31,034,011. No appropriations + have been made or required since the close of the war for the + construction and repair of vessels, for steam machinery, ordnance, + provisions and clothing, fuel, hemp, etc., the balances under these + several heads having been more than sufficient for current expenditures. + It should also be stated to the credit of the Department that, besides + asking no appropriations for the above objects for the last two years, + the Secretary of the Navy, on the 30th of September last, in accordance + with the act of May 1, 1820, requested the Secretary of the Treasury to + carry to the surplus fund the sum of $65,000,000, being the amount + received from the sales of vessels and other war property and the + remnants of former appropriations. +</p> +<p> + The report of the Postmaster-General shows the business of the + Post-Office Department and the condition of the postal service in a + very favorable light, and the attention of Congress is called to its + practical recommendations. The receipts of the Department for the + year ending June 30, 1867, including all special appropriations for + sea and land service and for free mail matter, were $19,978,693. The + expenditures for all purposes were $19,235,483, leaving an unexpended + balance in favor of the Department of $743,210, which can be applied + toward the expenses of the Department for the current year. The increase + of postal revenue, independent of specific appropriations, for the year + 1867 over that of 1866 was $850,040. The increase of revenue from the + sale of stamps and stamped envelopes was $783,404. The increase of + expenditures for 1867 over those of the previous year was owing chiefly + to the extension of the land and ocean mail service. During the past + year new postal conventions have been ratified and exchanged with the + United Kingdom of Great Britain and Ireland, Belgium, the Netherlands, + Switzerland, the North German Union, Italy, and the colonial government + at Hong Kong, reducing very largely the rates of ocean and land postages + to and from and within those countries. +</p> +<p> + The report of the Acting Commissioner of Agriculture concisely presents + the condition, wants, and progress of an interest eminently worthy the + fostering care of Congress, and exhibits a large measure of useful + results achieved during the year to which it refers. +</p> +<p> + The reestablishment of peace at home and the resumption of extended + trade, travel, and commerce abroad have served to increase the number + and variety of questions in the Department for Foreign Affairs. None of + these questions, however, have seriously disturbed our relations with + other states. +</p> +<p> + The Republic of Mexico, having been relieved from foreign intervention, + is earnestly engaged in efforts to reestablish her constitutional system + of government. A good understanding continues to exist between our + Government and the Republics of Hayti and San Domingo, and our cordial + relations with the Central and South American States remain unchanged. + The tender, made in conformity with a resolution of Congress, of the + good offices of the Government with a view to an amicable adjustment + of peace between Brazil and her allies on one side and Paraguay on the + other, and between Chile and her allies on the one side and Spain on the + other, though kindly received, has in neither case been fully accepted + by the belligerents. The war in the valley of the Parana is still + vigorously maintained. On the other hand, actual hostilities between + the Pacific States and Spain have been more than a year suspended. + I shall, on any proper occasion that may occur, renew the conciliatory + recommendations which have been already made. Brazil, with enlightened + sagacity and comprehensive statesmanship, has opened the great channels + of the Amazon and its tributaries to universal commerce. One thing more + seems needful to assure a rapid and cheering progress in South America. + I refer to those peaceful habits without which states and nations can + not in this age well expect material prosperity or social advancement. +</p> +<p> + The Exposition of Universal Industry at Paris has passed, and seems to + have fully realized the high expectations of the French Government. If + due allowance be made for the recent political derangement of industry + here, the part which the United States has borne in this exhibition of + invention and art may be regarded with very high satisfaction. During + the exposition a conference was held of delegates from several nations, + the United States being one, in which the inconveniences of commerce and + social intercourse resulting from the diverse standards of money value + were very fully discussed, and plans were developed for establishing + by universal consent a common principle for the coinage of gold. These + conferences are expected to be renewed, with the attendance of many + foreign states not hitherto represented. A report of these interesting + proceedings will be submitted to Congress, which will, no doubt, justly + appreciate the great object and be ready to adopt any measure which may + tend to facilitate its ultimate accomplishment. +</p> +<p> + On the 25th of February, 1862, Congress declared by law that Treasury + notes, without interest, authorized by that act should be legal tender + in payment of all debts, public and private, within the United States. + An annual remittance of $30,000, less stipulated expenses, accrues + to claimants under the convention made with Spain in 1834. These + remittances, since the passage of that act, have been paid in such + notes. The claimants insist that the Government ought to require + payment in coin. The subject may be deemed worthy of your attention. +</p> +<p> + No arrangement has yet been reached for the settlement of our claims + for British depredations upon the commerce of the United States. I have + felt it my duty to decline the proposition of arbitration made by + Her Majesty's Government, because it has hitherto been accompanied by + reservations and limitations incompatible with the rights, interest, and + honor of our country. It is not to be apprehended that Great Britain + will persist in her refusal to satisfy these just and reasonable claims, + which involve the sacred principle of nonintervention—a principle + henceforth not more important to the United States than to all other + commercial nations. +</p> +<p> + The West India islands were settled and colonized by European States + simultaneously with the settlement and colonization of the American + continent. Most of the colonies planted here became independent nations + in the close of the last and the beginning of the present century. Our + own country embraces communities which at one period were colonies of + Great Britain, France, Spain, Holland, Sweden, and Russia. The people + in the West Indies, with the exception of those of the island of Hayti, + have neither attained nor aspired to independence, nor have they become + prepared for self-defense. Although possessing considerable commercial + value, they have been held by the several European States which + colonized or at some time conquered them, chiefly for purposes of + military and naval strategy in carrying out European policy and designs + in regard to this continent. In our Revolutionary War ports and harbors + in the West India islands were used by our enemy, to the great injury + and embarrassment of the United States. We had the same experience in + our second war with Great Britain. The same European policy for a long + time excluded us even from trade with the West Indies, while we were at + peace with all nations. In our recent civil war the rebels and their + piratical and blockade-breaking allies found facilities in the same + ports for the work, which they too successfully accomplished, of + injuring and devastating the commerce which we are now engaged in + rebuilding. We labored especially under this disadvantage, that + European steam vessels employed by our enemies found friendly shelter, + protection, and supplies in West Indian ports, while our naval + operations were necessarily carried on from our own distant shores. + There was then a universal feeling of the want of an advanced naval + outpost between the Atlantic coast and Europe. The duty of obtaining + such an outpost peacefully and lawfully, while neither doing nor + menacing injury to other states, earnestly engaged the attention of the + executive department before the close of the war, and it has not been + lost sight of since that time. A not entirely dissimilar naval want + revealed itself during the same period on the Pacific coast. The + required foothold there was fortunately secured by our late treaty with + the Emperor of Russia, and it now seems imperative that the more obvious + necessities of the Atlantic coast should not be less carefully provided + for. A good and convenient port and harbor, capable of easy defense, + will supply that want. With the possession of such a station by the + United States, neither we nor any other American nation need longer + apprehend injury or offense from any transatlantic enemy. I agree with + our early statesmen that the West Indies naturally gravitate to, and + may be expected ultimately to be absorbed by, the continental States, + including our own. I agree with them also that it is wise to leave the + question of such absorption to this process of natural political + gravitation. The islands of St. Thomas and St. John, which constitute + a part of the group called the Virgin Islands, seemed to offer us + advantages immediately desirable, while their acquisition could be + secured in harmony with the principles to which I have alluded. A treaty + has therefore been concluded with the King of Denmark for the cession of + those islands, and will be submitted to the Senate for consideration. +</p> +<p> + It will hardly be necessary to call the attention of Congress to the + subject of providing for the payment to Russia of the sum stipulated in + the treaty for the cession of Alaska. Possession having been formally + delivered to our commissioner, the territory remains for the present in + care of a military force, awaiting such civil organization as shall be + directed by Congress. +</p> +<p> + The annexation of many small German States to Prussia and the + reorganization of that country under a new and liberal constitution have + induced me to renew the effort to obtain a just and prompt settlement of + the long-vexed question concerning the claims of foreign states for + military service from their subjects naturalized in the United States. +</p> +<p> + In connection with this subject the attention of Congress is + respectfully called to a singular and embarrassing conflict of laws. + The executive department of this Government has hitherto uniformly held, + as it now holds, that naturalization in conformity with the Constitution + and laws of the United States absolves the recipient from his native + allegiance. The courts of Great Britain hold that allegiance to the + British Crown is indefeasible, and is not absolved by our laws of + naturalization. British judges cite courts and law authorities of the + United States in support of that theory against the position held by the + executive authority of the United States. This conflict perplexes the + public mind concerning the rights of naturalized citizens and impairs + the national authority abroad. I called attention to this subject in my + last annual message, and now again respectfully appeal to Congress to + declare the national will unmistakably upon this important question. +</p> +<p> + The abuse of our laws by the clandestine prosecution of the African + slave trade from American ports or by American citizens has altogether + ceased, and under existing circumstances no apprehensions of its renewal + in this part of the world are entertained. Under these circumstances + it becomes a question whether we shall not propose to Her Majesty's + Government a suspension or discontinuance of the stipulations for + maintaining a naval force for the suppression of that trade. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 3, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for consideration with a view to ratification, a treaty + between the United States and His Majesty the King of Denmark, + stipulating for the cession of the islands of St. Thomas and St. John, + in the West Indies. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 3, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for consideration with a view to ratification, a treaty of + friendship, commerce, and navigation between the United States and the + Republic of Nicaragua, signed at the city of Managua on the 21st day of + June last. This instrument has been framed pursuant to the amendments + of the Senate of the United States to the previous treaty between the + parties of the 16th of March, 1859. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 4, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a final report from the Attorney-General, additional + to the reports submitted by him December 31, 1866, March 2, 1867, and + July 8, 1867, in reply to a resolution of the House of Representatives + December 10, 1866, requesting "a list of the names of all persons + engaged in the late rebellion against the United States Government who + have been pardoned by the President from April 15, 1865, to this date; + that said list shall also state the rank of each person who has been + so pardoned, if he has been engaged in the military service of the + so-called Confederate government, and the position if he shall have held + any civil office under said so-called Confederate government; and shall + also state whether such person has at anytime prior to April 14, 1861, + held any office under the United States Government, and, if so, what + office, together with the reason for granting such pardon, and also the + names of the person or persons at whose solicitation such pardon was + granted." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 4, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 26th + ultimo, a report<a href="#note-30"><small>30</small></a> from the Secretary of State, with accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 5, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 17th July last, requesting me to communicate all information received + at the several Departments of the Government touching the organization + within or near the territory of the United States of armed bodies of men + for the purpose of avenging the death of the Archduke Maximilian or of + intervening in Mexican affairs, and what measures have been taken to + prevent the organization or departure of such organized bodies for the + purpose of carrying out such objects, I transmit a report from the + Secretary of State and the papers accompanying it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 5, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for its consideration with a view to + ratification, a commercial treaty between the United States of America + and Her Majesty the Queen of Madagascar, signed at Antananarivo on the + 14th of February last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 10, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 25th + ultimo, a report<a href="#note-31"><small>31</small></a> from the Secretary of State, with accompanying + papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 10, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a copy of a dispatch of the 17th of July last, addressed to + the Secretary of State, and of the papers which accompanied it, from + Anson Burlingame, esq., minister of the United States to China, relating + to a proposed modification of the existing treaty between this + Government and that of China. +</p> +<p> + The Senate is aware that the original treaty is chiefly <i>ex parte</i> + in its character. The proposed modification, though not of sufficient + importance to warrant all the usual forms, does not seem to be + objectionable; but it can not be legally accepted by the executive + government without the advice and consent of the Senate. If this + should be given, it may be indicated by a resolution, upon the adoption + of which the United States minister to China will be instructed to + inform the Government of that country that the modification has been + assented to. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 12, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + On the 12th of August last I suspended Mr. Stanton from the exercise of + the office of Secretary of War, and on the same day designated General + Grant to act as Secretary of War <i>ad interim</i>. +</p> +<p> + The following are copies of the Executive orders: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION,<br> + <i>Washington, August 12, 1867</i>. +</p> +<p class="q"> + Hon. EDWIN M. STANTON,<br> + <i>Secretary of War</i>. +</p><p class="q"> + SIR: By virtue of the power and authority vested in me as President by + the Constitution and laws of the United States, you are hereby suspended + from office as Secretary of War, and will cease to exercise any and all + functions pertaining to the same. +</p><p class="q"> + You will at once transfer to General Ulysses S. Grant, who has this day + been authorized and empowered to act as Secretary of War <i>ad interim</i>, + all records, books, and other property now in your custody and charge. +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., August 12, 1867</i>. +</p><p class="q"> + General ULYSSES S. GRANT,<br> + <i>Washington, D.C.</i> +</p><p class="q"> + SIR: The Hon. Edwin M. Stanton having been this day suspended as + Secretary of War, you are hereby authorized and empowered to act as + Secretary of War <i>ad interim</i>, and will at once enter upon the discharge + of the duties of the office. +</p><p class="q"> + The Secretary of War has been instructed to transfer to you all the + records, books, papers, and other public property now in his custody and + charge. +</p> +<p> + The following communication was received from Mr. Stanton: +</p> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT,<br> + <i>Washington City, August 12, 1867</i>. +</p><p class="q"> + The PRESIDENT. +</p><p class="q"> + SIR: Your note of this date has been received, informing me that by + virtue of the powers and authority vested in you as President by the + Constitution and laws of the United States I am suspended from office + as Secretary of War, and will cease to exercise any and all functions + pertaining to the same, and also directing me at once to transfer to + General Ulysses S. Grant, who has this day been authorized and empowered + to act as Secretary of War <i>ad interim</i>, all records, books, papers, and + other public property now in my custody and charge. +</p><p class="q"> + Under a sense of public duty I am compelled to deny your right under + the Constitution and laws of the United States, without the advice and + consent of the Senate and without any legal cause, to suspend me from + office as Secretary of War or the exercise of any or all functions + pertaining to the same, or without such advice and consent to compel + me to transfer to any person the records, books, papers, and public + property in my custody as Secretary. +</p><p class="q"> + But inasmuch as the General Commanding the armies of the United States + has been appointed <i>ad interim</i>, and has notified me that he has + accepted the appointment, I have no alternative but to submit, under + protest, to superior force. +</p> +<p> + The suspension has not been revoked, and the business of the War + Department is conducted by the Secretary <i>ad interim</i>. +</p> +<p> + Prior to the date of this suspension I had come to the conclusion that + the time had arrived when it was proper Mr. Stanton should retire from + my Cabinet. The mutual confidence and general accord which should exist + in such a relation had ceased. I supposed that Mr. Stanton was well + advised that his continuance in the Cabinet was contrary to my wishes, + for I had repeatedly given him so to understand by every mode short of + an express request that he should resign. Having waited full time for + the voluntary action of Mr. Stanton, and seeing no manifestation on his + part of an intention to resign, I addressed him the following note on + the 5th of August: +</p> +<p class="q"> + SIR: Public considerations of a high character constrain me to say + that your resignation as Secretary of War will be accepted. +</p> +<p> + To this note I received the following reply: +</p> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT,<br> + <i>Washington, August 5, 1867</i>. +</p><p class="q"> + SIR: Your note of this day has been received, stating that public + considerations of a high character constrain you to say that my + resignation as Secretary of War will be accepted. +</p><p class="q"> + In reply I have the honor to say that public considerations of a high + character, which alone have induced me to continue at the head of this + Department, constrain me not to resign the office of Secretary of War + before the next meeting of Congress. +</p> +<p> + This reply of Mr. Stanton was not merely a disinclination of compliance + with the request for his resignation; it was a defiance, and something + more. Mr. Stanton does not content himself with assuming that public + considerations bearing upon his continuance in office form as fully + a rule of action for himself as for the President, and that upon so + delicate a question as the fitness of an officer for continuance in his + office the officer is as competent and as impartial to decide as his + superior, who is responsible for his conduct. But he goes further, and + plainly intimates what he means by "public considerations of a high + character," and this is nothing else than his loss of confidence in his + superior. He says that these public considerations have "alone induced + me to continue at the head of this Department," and that they "constrain + me not to resign the office of Secretary of War before the next meeting + of Congress." +</p> +<p> + This language is very significant. Mr. Stanton holds the position + unwillingly. He continues in office only under a sense of high public + duty. He is ready to leave when it is safe to leave, and as the danger + he apprehends from his removal then will not exist when Congress is + here, he is constrained to remain during the interim. What, then, is + that danger which can only be averted by the presence of Mr. Stanton or + of Congress? Mr. Stanton does not say that "public considerations of a + high character" constrain him to hold on to the office indefinitely. He + does not say that no one other than himself can at any time be found to + take his place and perform its duties. On the contrary, he expresses a + desire to leave the office at the earliest moment consistent with these + high public considerations. He says, in effect, that while Congress is + away he must remain, but that when Congress is here he can go. In other + words, he has lost confidence in the President. He is unwilling to leave + the War Department in his hands or in the hands of anyone the President + may appoint or designate to perform its duties. If he resigns, the + President may appoint a Secretary of War that Mr. Stanton does not + approve; therefore he will not resign. But when Congress is in session + the President can not appoint a Secretary of War which the Senate does + not approve; consequently when Congress meets Mr. Stanton is ready to + resign. +</p> +<p> + Whatever cogency these "considerations" may have had on Mr. Stanton, + whatever right he may have had to entertain such considerations, + whatever propriety there might be in the expression of them to others, + one thing is certain, it was official misconduct, to say the least of + it, to parade them before his superior officer. +</p> +<p> + Upon the receipt of this extraordinary note I only delayed the order of + suspension long enough to make the necessary arrangements to fill the + office. If this were the only cause for his suspension, it would be + ample. Necessarily it must end our most important official relations, + for I can not imagine a degree of effrontery which would embolden the + head of a Department to take his seat at the council table in the + Executive Mansion after such an act; nor can I imagine a President so + forgetful of the proper respect and dignity which belong to his office + as to submit to such intrusion. I will not do Mr. Stanton the wrong to + suppose that he entertained any idea of offering to act as one of my + constitutional advisers after that note was written. There was an + interval of a week between that date and the order of suspension, during + which two Cabinet meetings were held. Mr. Stanton did not present + himself at either, nor was he expected. +</p> +<p> + On the 12th of August Mr. Stanton was notified of his suspension and + that General Grant had been authorized to take charge of the Department. + In his answer to this notification, of the same date, Mr. Stanton + expresses himself as follows: +</p> +<p class="q"> + Under a sense of public duty I am compelled to deny your right under + the Constitution and laws of the United States, without the advice and + consent of the Senate and without any legal cause, to suspend me from + office as Secretary of War or the exercise of any or all functions + pertaining to the same, or without such advice and consent to compel + me to transfer to any person the records, books, papers, and public + property in my custody as Secretary. +</p><p class="q"> + But inasmuch as the General Commanding the armies of the United States + has been appointed <i>ad interim</i>, and has notified me that he has + accepted the appointment, I have no alternative but to submit, under + protest, to superior force. +</p> +<p> + It will not escape attention that in his note of August 5 Mr. Stanton + stated that he had been constrained to continue in the office, even + before he was requested to resign, by considerations of a high public + character. In this note of August 12 a new and different sense of public + duty compels him to deny the President's right to suspend him from + office without the consent of the Senate. This last is the public duty + of resisting an act contrary to law, and he charges the President with + violation of the law in ordering his suspension. +</p> +<p> + Mr. Stanton refers generally to the Constitution and laws of the "United + States," and says that a sense of public duty "under" these compels him + to deny the right of the President to suspend him from office. As to his + sense of duty under the Constitution, that will be considered in the + sequel. As to his sense of duty under "the laws of the United States," + he certainly can not refer to the law which creates the War Department, + for that expressly confers upon the President the unlimited right to + remove the head of the Department. The only other law bearing upon + the question is the tenure-of-office act, passed by Congress over the + Presidential veto March 2, 1867. This is the law which, under a sense + of public duty, Mr. Stanton volunteers to defend. +</p> +<p> + There is no provision in this law which compels any officer coming + within its provisions to remain in office. It forbids removals—not + resignations. Mr. Stanton was perfectly free to resign at any moment, + either upon his own motion or in compliance with a request or an order. + It was a matter of choice or of taste. There was nothing compulsory in + the nature of legal obligation. Nor does he put his action upon that + imperative ground. He says he acts under a "sense of public duty," not + of legal obligation, compelling him to hold on and leaving him no + choice. The public duty which is upon him arises from the respect which + he owes to the Constitution and the laws, violated in his own case. + He is therefore compelled by this sense of public duty to vindicate + violated law and to stand as its champion. +</p> +<p> + This was not the first occasion in which Mr. Stanton, in discharge of + a public duty, was called upon to consider the provisions of that law. + That tenure-of-office law did not pass without notice. Like other acts, + it was sent to the President for approval. As is my custom, I submitted + its consideration to my Cabinet for their advice upon the question + whether I should approve it or not. It was a grave question of + constitutional law, in which I would, of course, rely most upon the + opinion of the Attorney-General and of Mr. Stanton, who had once been + Attorney-General. +</p> +<p> + Every member of my Cabinet advised me that the proposed law was + unconstitutional. All spoke without doubt or reservation, but Mr. + Stanton's condemnation of the law was the most elaborate and emphatic. + He referred to the constitutional provisions, the debates in Congress, + especially to the speech of Mr. Buchanan when a Senator, to the + decisions of the Supreme Court, and to the usage from the beginning of + the Government through every successive Administration, all concurring + to establish the right of removal as vested by the Constitution in the + President. To all these he added the weight of his own deliberate + judgment, and advised me that it was my duty to defend the power of + the President from usurpation and to veto the law. +</p> +<p> + I do not know when a sense of public duty is more imperative upon a head + of Department than upon such an occasion as this. He acts then under the + gravest obligations of law, for when he is called upon by the President + for advice it is the Constitution which speaks to him. All his other + duties are left by the Constitution to be regulated by statute, but this + duty was deemed so momentous that it is imposed by the Constitution + itself. +</p> +<p> + After all this I was not prepared for the ground taken by Mr. Stanton in + his note of August 12. I was not prepared to find him compelled by a new + and indefinite sense of public duty, under "the Constitution," to assume + the vindication of a law which, under the solemn obligations of public + duty imposed by the Constitution itself, he advised me was a violation + of that Constitution. I make great allowance for a change of opinion, + but such a change as this hardly falls within the limits of greatest + indulgence. +</p> +<p> + Where our opinions take the shape of advice, and influence the action + of others, the utmost stretch of charity will scarcely justify us in + repudiating them when they come to be applied to ourselves. +</p> +<p> + But to proceed with the narrative. I was so much struck with the full + mastery of the question manifested by Mr. Stanton, and was at the time + so fully occupied with the preparation of another veto upon the pending + reconstruction act, that I requested him to prepare the veto upon this + tenure-of-office bill. This he declined, on the ground of physical + disability to undergo at the time the labor of writing, but stated his + readiness to furnish what aid might be required in the preparation of + materials for the paper. +</p> +<p> + At the time this subject was before the Cabinet it seemed to be taken + for granted that as to those members of the Cabinet who had been + appointed by Mr. Lincoln their tenure of office was not fixed by the + provisions of the act. I do not remember that the point was distinctly + decided, but I well recollect that it was suggested by one member of the + Cabinet who was appointed by Mr. Lincoln, and that no dissent was + expressed. +</p> +<p> + Whether the point was well taken or not did not seem to me of any + consequence, for the unanimous expression of opinion against the + constitutionality and policy of the act was so decided that I felt no + concern, so far as the act had reference to the gentlemen then present, + that I would be embarrassed in the future. The bill had not then become + a law. The limitation upon the power of removal was not yet imposed, and + there was yet time to make any changes. If any one of these gentlemen + had then said to me that he would avail himself of the provisions of + that bill in case it became a law, I should not have hesitated a moment + as to his removal. No pledge was then expressly given or required. + But there are circumstances when to give an expressed pledge is not + necessary, and when to require it is an imputation of possible bad + faith. I felt that if these gentlemen came within the purview of the + bill it was as to them a dead letter, and that none of them would ever + take refuge under its provisions. +</p> +<p> + I now pass to another subject. When, on the 15th of April, 1865, the + duties of the Presidential office devolved upon me, I found a full + Cabinet of seven members, all of them selected by Mr. Lincoln. + I made no change. On the contrary, I shortly afterwards ratified a + change determined upon by Mr. Lincoln, but not perfected at his death, + and admitted his appointee, Mr. Harlan, in the place of Mr. Usher, who + was in office at the time. +</p> +<p> + The great duty of the time was to reestablish government, law, and order + in the insurrectionary States. Congress was then in recess, and the + sudden overthrow of the rebellion required speedy action. This grave + subject had engaged the attention of Mr. Lincoln in the last days of his + life, and the plan according to which it was to be managed had been + prepared and was ready for adoption. A leading feature of that plan was + that it should be carried out by the Executive authority, for, so far as + I have been informed, neither Mr. Lincoln nor any member of his Cabinet + doubted his authority to act or proposed to call an extra session of + Congress to do the work. The first business transacted in Cabinet after + I became President was this unfinished business of my predecessor. + A plan or scheme of reconstruction was produced which had been prepared + for Mr. Lincoln by Mr. Stanton, his Secretary of War. It was approved, + and at the earliest moment practicable was applied in the form of a + proclamation to the State of North Carolina, and afterwards became the + basis of action in turn for the other States. +</p> +<p> + Upon the examination of Mr. Stanton before the Impeachment Committee he + was asked the following question: +</p> +<p class="q"> + Did any one of the Cabinet express a doubt of the power of the executive + branch of the Government to reorganize State governments which had been + in rebellion without the aid of Congress? +</p> +<p> + He answered: +</p> +<p class="q"> + None whatever. I had myself entertained no doubt of the authority of the + President to take measures for the organization of the rebel States on + the plan proposed during the vacation of Congress and agreed in the plan + specified in the proclamation in the case of North Carolina. +</p> +<p> + There is perhaps no act of my Administration for which I have been more + denounced than this. It was not originated by me, but I shrink from no + responsibility on that account, for the plan approved itself to my own + judgment, and I did not hesitate to carry it into execution. +</p> +<p> + Thus far and upon this vital policy there was perfect accord between the + Cabinet and myself, and I saw no necessity for a change. As time passed + on there was developed an unfortunate difference of opinion and of + policy between Congress and the President upon this same subject and + upon the ultimate basis upon which the reconstruction of these States + should proceed, especially upon the question of negro suffrage. Upon + this point three members of the Cabinet found themselves to be in + sympathy with Congress. They remained only long enough to see that the + difference of policy could not be reconciled. They felt that they should + remain no longer, and a high sense of duty and propriety constrained + them to resign their positions. We parted with mutual respect for the + sincerity of each other in opposite opinions, and mutual regret that the + difference was on points so vital as to require a severance of official + relations. This was in the summer of 1866. The subsequent sessions of + Congress developed new complications, when the suffrage bill for the + District of Columbia and the reconstruction acts of March 2 and March + 23, 1867, all passed over the veto. It was in Cabinet consultations upon + these bills that a difference of opinion upon the most vital points was + developed. Upon these questions there was perfect accord between all the + members of the Cabinet and myself, except Mr. Stanton. He stood alone, + and the difference of opinion could not be reconciled. That unity of + opinion which, upon great questions of public policy or administration, + is so essential to the Executive was gone. +</p> +<p> + I do not claim that a head of Department should have no other opinions + than those of the President. He has the same right, in the conscientious + discharge of duty, to entertain and express his own opinions as has the + President. What I do claim is that the President is the responsible head + of the Administration, and when the opinions of a head of Department are + irreconcilably opposed to those of the President in grave matters of + policy and administration there is but one result which can solve the + difficulty, and that is a severance of the official relation. This in + the past history of the Government has always been the rule, and it is a + wise one, for such differences of opinion among its members must impair + the efficiency of any Administration. +</p> +<p> + I have now referred to the general grounds upon which the withdrawal + or Mr. Stanton from my Administration seemed to me to be proper and + necessary, but I can not omit to state a special ground, which, if it + stood alone, would vindicate my action. +</p> +<p> + The sanguinary riot which occurred in the city of New Orleans on the + 30th of August, 1866, justly aroused public indignation and public + inquiry, not only as to those who were engaged in it, but as to those + who, more or less remotely, might be held to responsibility for its + occurrence. I need not remind the Senate of the effort made to fix that + responsibility on the President. The charge was openly made, and again + and again reiterated all through the land, that the President was warned + in time, but refused to interfere. +</p> +<p> + By telegrams from the lieutenant-governor and attorney-general of + Louisiana, dated the 27th and 28th of August, I was advised that a body + of delegates claiming to be a constitutional convention were about to + assemble in New Orleans; that the matter was before the grand jury, but + that it would be impossible to execute civil process without a riot; and + this question was asked: +</p> +<p class="q"> + Is the military to interfere to prevent process of court? +</p> +<p> + This question was asked at a time when the civil courts were in the full + exercise of their authority, and the answer sent by telegraph on the + same 28th of August was this: +</p> +<p class="q"> + The military will be expected to sustain, and not to interfere with, + the proceedings of the courts. +</p> +<p> + On the same 28th of August the following telegram was sent to Mr. + Stanton by Major-General Baird, then (owing to the absence of General + Sheridan) in command of the military at New Orleans: +</p> +<p class="q" style="text-align: right;"> + Hon. EDWIN M. STANTON,<br> + <i>Secretary of War</i>: +</p><p class="q"> + A convention has been called, with the sanction of Governor Wells, to + meet here on Monday. The lieutenant-governor and city authorities think + it unlawful, and propose to break it up by arresting the delegates. + I have given no orders on the subject, but have warned the parties that + I could not countenance or permit such action without instructions to + that effect from the President. Please instruct me at once by telegraph. +</p> +<p> + The 28th of August was on Saturday. The next morning, the 29th, this + dispatch was received by Mr. Stanton at his residence in this city. He + took no action upon it, and neither sent instructions to General Baird + himself nor presented it to me for such instructions. On the next day + (Monday) the riot occurred. I never saw this dispatch from General Baird + until some ten days or two weeks after the riot, when, upon my call for + all the dispatches, with a view to their publication, Mr. Stanton sent + it to me. +</p> +<p> + These facts all appear in the testimony of Mr. Stanton before the + Judiciary Committee in the impeachment investigation. +</p> +<p> + On the 30th, the day of the riot, and after it was suppressed, General + Baird wrote to Mr. Stanton a long letter, from which I make the + following extract: +</p> +<p class="q"> + SIR: I have the honor to inform you that a very serious riot has + occurred here to-day. I had not been applied to by the convention + for protection, but the lieutenant-governor and the mayor had freely + consulted with me, and I was so fully convinced that it was so strongly + the intent of the city authorities to preserve the peace, in order to + prevent military interference, that I did not regard an outbreak as a + thing to be apprehended. The lieutenant-governor had assured me that + even if a writ of arrest was issued by the court the sheriff would not + attempt to serve it without my permission, and for to-day they designed + to suspend it. I inclose herewith copies of my correspondence with the + mayor and of a dispatch which the lieutenant-governor claims to have + received from the President. I regret that no reply to my dispatch to + you of Saturday has yet reached me. General Sheridan is still absent + in Texas. +</p> +<p> + The dispatch of General Baird of the 28th asks for immediate + instructions, and his letter of the 30th, after detailing the terrible + riot which had just happened, ends with the expression of regret that + the instructions which he asked for were not sent. It is not the fault + or the error or the omission of the President that this military + commander was left without instructions; but for all omissions, for + all errors, for all failures to instruct when instruction might have + averted this calamity, the President was openly and persistently held + responsible. Instantly, without waiting for proof, the delinquency of + the President was heralded in every form of utterance. Mr. Stanton knew + then that the President was not responsible for this delinquency. The + exculpation was in his power, but it was not given by him to the public, + and only to the President in obedience to a requisition for all the + dispatches. +</p> +<p> + No one regrets more than myself that General Baird's request was not + brought to my notice. It is clear from his dispatch and letter that if + the Secretary of War had given him proper instructions the riot which + arose on the assembling of the convention would have been averted. +</p> +<p> + There may be those ready to say that I would have given no instructions + even if the dispatch had reached me in time, but all must admit that + I ought to have had the opportunity. +</p> +<p> + The following is the testimony given by Mr. Stanton before the + impeachment investigation committee as to this dispatch: +</p> +<p class="q"> + Q. Referring to the dispatch of the 28th of July by General Baird, I ask + you whether that dispatch on its receipt was communicated? +</p><p class="q"> + A. I received that dispatch on Sunday forenoon. I examined it carefully, + and considered the question presented. I did not see that I could give + any instructions different from the line of action which General Baird + proposed, and made no answer to the dispatch. +</p><p class="q"> + Q. I see it stated that this was received at 10.20 p.m. Was that the + hour at which it was received by you? +</p><p class="q"> + A. That is the date of its reception in the telegraph office Saturday + night. I received it on Sunday forenoon at my residence. A copy of the + dispatch was furnished to the President several days afterwards, along + with all the other dispatches and communications on that subject, but it + was not furnished by me before that time. I suppose it may have been ten + or fifteen days afterwards. +</p><p class="q"> + Q. The President himself being in correspondence with those parties upon + the same subject, would it not have been proper to have advised him of + the reception of that dispatch? +</p><p class="q"> + A. I know nothing about his correspondence, and know nothing about any + correspondence except this one dispatch. We had intelligence of the riot + on Thursday morning. The riot had taken place on Monday. +</p> +<p> + It is a difficult matter to define all the relations which exist between + the heads of Departments and the President. The legal relations are well + enough defined. The Constitution places these officers in the relation + of his advisers when he calls upon them for advice. The acts of Congress + go further. Take, for example, the act of 1789 creating the War + Department. It provides that— +</p> +<p class="q"> + There shall be a principal officer therein to be called the Secretary + for the Department of War, who shall perform and execute such duties + as shall from time to time be enjoined on or intrusted to him by the + President of the United States; and, furthermore, the said principal + officer shall conduct the business of the said Department in such manner + as the President of the United States shall from time to time order and + instruct. +</p> +<p> + Provision is also made for the appointment of an inferior officer by the + head of the Department, to be called the chief clerk, "who, whenever + said principal officer shall be removed from office by the President + of the United States," shall have the charge and custody of the books, + records, and papers of the Department. +</p> +<p> + The legal relation is analogous to that of principal and agent. It is + the President upon whom the Constitution devolves, as head of the + executive department, the duty to see that the laws are faithfully + executed; but as he can not execute them in person, he is allowed to + select his agents, and is made responsible for their acts within just + limits. So complete is this presumed delegation of authority in the + relation of a head of Department to the President that the Supreme Court + of the United States have decided that an order made by a head of + Department is presumed to be made by the President himself. +</p> +<p> + The principal, upon whom such responsibility is placed for the acts + of a subordinate, ought to be left as free as possible in the matter + of selection and of dismissal. To hold him to responsibility for an + officer beyond his control; to leave the question of the fitness of + such an agent to be decided <i>for</i> him and not <i>by</i> him; to allow such + a subordinate, when the President, moved by "public considerations of + a high character," requests his resignation, to assume for himself an + equal right to act upon his own views of "public considerations" and to + make his own conclusions paramount to those of the President—to allow + all this is to reverse the just order of administration and to place + the subordinate above the superior. +</p> +<p> + There are, however, other relations between the President and + a head of Department beyond these defined legal relations, which + necessarily attend them, though not expressed. Chief among these is + mutual confidence. This relation is so delicate that it is sometimes + hard to say when or how it ceases. A single flagrant act may end + it at once, and then there is no difficulty. But confidence may be + just as effectually destroyed by a series of causes too subtle for + demonstration. As it is a plant of slow growth, so, too, it may be + slow in decay. Such has been the process here. I will not pretend to say + what acts or omissions have broken up this relation. They are hardly + susceptible of statement, and still less of formal proof. Nevertheless, + no one can read the correspondence of the 5th of August without being + convinced that this relation was effectually gone on both sides, and + that while the President was unwilling to allow Mr. Stanton to remain + in his Administration, Mr. Stanton was equally unwilling to allow the + President to carry on his Administration without his presence. +</p> +<p> + In the great debate which took place in the House of Representatives + in 1789, in the first organization of the principal Departments, Mr. + Madison spoke as follows: +</p> +<p class="q"> + It is evidently the intention of the Constitution that the first + magistrate should be responsible for the executive department. So far, + therefore, as we do not make the officers who are to aid him in the + duties of that department responsible to him, he is not responsible + to the country. Again: Is there no danger that an officer, when he is + appointed by the concurrence of the Senate and has friends in that body, + may choose rather to risk his establishment on the favor of that branch + than rest it upon the discharge of his duties to the satisfaction of the + executive branch, which is constitutionally authorized to inspect and + control his conduct? And if it should happen that the officers connect + themselves with the Senate, they may mutually support each other, and + for want of efficacy reduce the power of the President to a mere + vapor, in which case his responsibility would be annihilated, and the + expectation of it is unjust. The high executive officers, joined in + cabal with the Senate, would lay the foundation of discord, and end in + an assumption of the executive power only to be removed by a revolution + in the Government. +</p> +<p> + Mr. Sedgwick, in the same debate, referring to the proposition that + a head of Department should only be removed or suspended by the + concurrence of the Senate, used this language: +</p> +<p class="q"> + But if proof be necessary, what is then the consequence? Why, in nine + cases out of ten, where the case is very clear to the mind of the + President that the man ought to be removed, the effect can not be + produced, because it is absolutely impossible to produce the necessary + evidence. Are the Senate to proceed without evidence? Some gentlemen + contend not. Then the object will be lost. Shall a man under these + circumstances be saddled upon the President who has been appointed for + no other purpose but to aid the President in performing certain duties? + Shall he be continued, I ask again, against the will of the President? + If he is, where is the responsibility? Are you to look for it in the + President, who has no control over the officer, no power to remove him + if he acts unfeelingly or unfaithfully? Without you make him responsible + you weaken and destroy the strength and beauty of your system. What is + to be done in cases which can only be known from a long acquaintance + with the conduct of an officer? +</p> +<p> + I had indulged the hope that upon the assembling of Congress + Mr. Stanton would have ended this unpleasant complication according + to his intimation given in his note of August 12. The duty which I have + felt myself called upon to perform was by no means agreeable, but I feel + that I am not responsible for the controversy or for the consequences. +</p> +<p> + Unpleasant as this necessary change in my Cabinet has been to me upon + personal considerations, I have the consolation to be assured that so + far as the public interests are involved there is no cause for regret. +</p> +<p> + Salutary reforms have been introduced by the Secretary <i>ad interim</i>, and + great reductions of expenses have been effected under his administration + of the War Department, to the saving of millions to the Treasury. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 14, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 9th instant, I transmit herewith a copy of the papers relating to the + trial by a military commission of Albert M.D.C. Lusk, of Louisiana. + No action in the case has yet been taken by the President. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 17, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit for the information of the House of Representatives a report + from the Secretary of State, with an accompanying paper.<a href="#note-32"><small>32</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 17, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 6th instant, + concerning the International Monetary Conference held at Paris in + June last, I transmit a report from the Secretary of State, which + is accompanied by the papers called for by the resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 17, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate, an agreement between + the diplomatic representatives of certain foreign powers in Japan, + including the minister of the United States, on the one part, and + plenipotentiaries on the part of the Japanese Government, relative + to the settlement of Yokohama. +</p> +<p> + This instrument can not be legally binding upon the United States unless + sanctioned by the Senate. There appears to be no objection to its + approval. +</p> +<p> + A copy of General Van Valkenburgh's dispatch to the Secretary of State, + by which the agreement was accompanied, and of the map to which it + refers, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>December 18, 1867</i>. +</p> +<p> + <i>Gentlemen of the Senate and of the House of Representatives</i>: +</p> +<p> + An official copy of the order issued by Major-General Winfield S. + Hancock, commander of the Fifth Military District, dated headquarters in + New Orleans, La., on the 29th day of November, has reached me through + the regular channels of the War Department, and I herewith communicate + it to Congress for such action as may seem to be proper in view of all + the circumstances. +</p> +<p> + It will be perceived that General Hancock announces that he will make + the law the rule of his conduct; that he will uphold the courts and + other civil authorities in the performance of their proper duties, and + that he will use his military power only to preserve the peace and + enforce the law. He declares very explicitly that the sacred right of + the trial by jury and the privilege of the writ of <i>habeas corpus</i> shall + not be crushed out or trodden under foot. He goes further, and in one + comprehensive sentence asserts that the principles of American liberty + are still the inheritance of this people and ever should be. +</p> +<p> + When a great soldier, with unrestricted power in his hands to oppress + his fellow-men, voluntarily foregoes the chance of gratifying his + selfish ambition and devotes himself to the duty of building up the + liberties and strengthening the laws of his country, he presents an + example of the highest public virtue that human nature is capable of + practicing. The strongest claim of Washington to be "first in war, + first in peace, and first in the hearts of his countrymen" is founded + on the great fact that in all his illustrious career he scrupulously + abstained from violating the legal and constitutional rights of his + fellow-citizens. When he surrendered his commission to Congress, the + President of that body spoke his highest praise in saying that he had + "always regarded the rights of the civil authorities through all dangers + and disasters." Whenever power above the law courted his acceptance, he + calmly put the temptation aside. By such magnanimous acts of forbearance + he won the universal admiration of mankind and left a name which has no + rival in the history of the world. +</p> +<p> + I am far from saying that General Hancock is the only officer of the + American Army who is influenced by the example of Washington. Doubtless + thousands of them are faithfully devoted to the principles for which the + men of the Revolution laid down their lives. But the distinguished honor + belongs to him of being the first officer in high command south of the + Potomac, since the close of the civil war, who has given utterance to + these noble sentiments in the form of a military order. +</p> +<p> + I respectfully suggest to Congress that some public recognition of + General Hancock's patriotic conduct is due, if not to him, to the friends + of law and justice throughout the country. Of such an act as his at such + a time it is but fit that the dignity should be vindicated and the virtue + proclaimed, so that its value as an example may not be lost to the nation. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 19, 1867</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to a resolution of that body + of the 16th instant, a report<a href="#note-33"><small>33</small></a> from the Secretary of State, with + accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 20, 1867</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I herewith transmit to Congress a report, dated the 20th instant, + with the accompanying papers, received from the Secretary of State in + compliance with the requirements of the eighteenth section of the act + entitled "An act to regulate the diplomatic and consular systems of + the United States," approved August 18, 1856. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 31, 1867</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the + 18th instant, requesting information concerning alleged interference + by Russian naval vessels with whaling vessels of the United States, + I transmit a report from the Secretary of State and the papers referred + to therein. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 6, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate a report from the Secretary of the + Treasury, containing the information requested in their resolution of + the 16th ultimo, relative to the amount of United States bonds issued to + the Union Pacific Railroad Company and each of its branches, including + the Central Pacific Railroad Company of California. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 7, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to a + resolution of the House of Representatives of yesterday, making inquiry + how many and what State legislatures have ratified the proposed + amendment to the Constitution of the United States known as the + fourteenth article. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 7, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + A Spanish steamer named <i>Nuestra Señora</i> being in the harbor of Port + Royal, S.C., on the 1st of December, 1861, Brigadier General T.W. + Sherman, who was in command of the United States forces there, received + information which he supposed justified him in seizing her, as she was + on her way from Charleston to Havana with insurgent correspondence on + board. The seizure was made accordingly, and during the ensuing spring + the vessel was sent to New York, in order that the legality of the + seizure might be tried. +</p> +<p> + By a decree of June 20, 1863, Judge Betts ordered the vessel to be + restored, and by a subsequent decree, of October 15, 1863, he referred + the adjustment of damages to amicable negotiations between the two + Governments. +</p> +<p> + While the proceeding in admiralty was pending, the vessel was appraised + and taken by the Navy Department at the valuation of $28,000, which sum + that Department paid into the Treasury. +</p> +<p> + As the amount of this valuation can not legally be drawn from the + Treasury without authority from Congress, I recommend an appropriation + for that purpose. +</p> +<p> + It is proposed to appoint a commissioner on the part of this Government + to adjust, informally in this case, with a similar commissioner on the + part of Spain, the question of damages, the commissioners to name an + arbiter for points upon which they may disagree. When the amount of the + damages shall thus have been ascertained, application will be made to + Congress for a further appropriation toward paying them. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 14, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of War <i>ad + interim</i>, with the accompanying papers, prepared in compliance with a + resolution of the House of Representatives of March 15, 1867, requesting + information in reference to contracts for ordnance projectiles and small + arms. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 14, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith the report made by the commissioners appointed under + the act of Congress approved on the 20th day of July, 1867, entitled + "An act to establish peace with certain hostile Indian tribes," together + with the accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 14, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of yesterday, calling for + information relating to the appointment of the American minister at + Pekin to a diplomatic or other mission on behalf of the Chinese + Government by the Emperor of China, I transmit a report from the + Secretary of State upon the subject, together with the accompanying + papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>January 14, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + the following treaties, concluded at "Medicine Lodge Creek," Kansas, + between the Indian tribes therein named and the United States, by their + commissioners appointed by the act of Congress approved July 20, 1867, + entitled "An act to establish peace with certain hostile Indian tribes," + viz: +</p> +<p> + A treaty with the Kiowa and Comanche tribes, concluded October 21, 1867. +</p> +<p> + A treaty with the Kiowa, Comanche, and Apache tribes, concluded October + 28, 1867. +</p> +<p> + A treaty with the Arapahoe and Cheyenne tribes, dated October 28, 1867. +</p> +<p> + A letter of this date from the Secretary of the Interior, transmitting + said treaties, is herewith inclosed. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 17, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + With reference to the convention between the United States and Denmark + for the cession of the islands of St. Thomas and St. John, in the West + Indies, I transmit a report from the Secretary of State on the subject + of the vote of St. Thomas on the question of accepting the cession. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 23, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the Senate of yesterday, I return + herewith their resolution of the 21st instant, calling for information + in reference to James A. Seddon, late Secretary of War of the so-called + Confederate States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received the following preamble and resolution, adopted by the + Senate on the 8th instant: +</p> +<p class="q"> + Whereas Senate bill No. 141, and entitled "An act for the further + security of equal rights in the District of Columbia," having at this + present session passed both Houses of Congress, was afterwards, on the + 11th day of December, 1867, duly presented to the President of the + United States for his approval and signature; and +</p><p class="q"> + Whereas more than ten days, exclusive of Sundays, have since elapsed in + this session without said bill having been returned, either approved or + disapproved: Therefore, +</p><p class="q"> + <i>Resolved</i>, That the President of the United States be requested to + inform the Senate whether said bill has been delivered to and received + by the Secretary of State, as provided by the second section of the act + of the 27th day of July, 1789. +</p> +<p> + As the act which the resolution mentions has no relevancy to the subject + under inquiry, it is presumed that it was the intention of the Senate to + refer to the law of the 15th September, 1789, the second section of + which prescribes— +</p> +<p class="q"> + That whenever a bill, order, resolution, or vote of the Senate and + House of Representatives, having been approved and signed by the + President of the United States, or not having been returned by him with + his objections, shall become a law or take effect, it shall forthwith + thereafter be received by the said Secretary from the President; and + whenever a bill, order, resolution, or vote shall be returned by the + President with his objections, and shall, on being reconsidered, be + agreed to be passed, and be approved by two-thirds of both Houses of + Congress, and thereby become a law or take effect, it shall in such + case be received by the said Secretary from the President of the Senate + or the Speaker of the House of Representatives, in whichsoever House it + shall last have been so approved. +</p> +<p> + Inasmuch as the bill "for the further security of equal rights in the + District of Columbia" has not become a law in either of the modes + designated in the section above quoted, it has not been delivered to + the Secretary of State for record and promulgation. The Constitution + expressly declares that— +</p> +<p class="q"> + If any bill shall not be returned by the President within ten days + (Sundays excepted) after it shall have been presented to him, the + same shall be a law in like manner as if he had signed it, unless + the Congress by their adjournment prevent its return, in which case + it shall not be a law. +</p> +<p> + As stated in the preamble to the resolution, the bill to which it refers + was presented for my approval on the 11th day of December, 1867. On the + 20th of same month, and before the expiration of the ten days after the + presentation of the bill to the President, the two Houses, in accordance + with a concurrent resolution adopted on the 3d [13th] of December, + adjourned until the 6th of January, 1868. Congress by their adjournment + thus prevented the return of the bill within the time prescribed by the + Constitution, and it was therefore left in the precise condition in + which that instrument positively declares a bill "shall not be a law." +</p> +<p> + If the adjournment in December did not cause the failure of this bill, + because not such an adjournment as is contemplated by the Constitution + in the clause which I have cited, it must follow that such was the + nature of the adjournments during the past year, on the 30th day of + March until the first Wednesday of July and from the 20th of July until + the 21st of November. Other bills will therefore be affected by the + decision which may be rendered in this case, among them one having the + same title as that named in the resolution, and containing similar + provisions, which, passed by both Houses in the month of July last, + failed to become a law by reason of the adjournment of Congress before + ten days for its consideration had been allowed the Executive. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 27, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the + 22d instant, calling for a copy of the report of Abram S. Hewitt, + commissioner of the United States to the Paris Universal Exhibition of + 1867, I transmit a report from the Secretary of State and the papers + which accompany it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 27, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State and the documents to + which it refers, in relation to the formal transfer of territory from + Russia to the United States in accordance with the treaty of the 30th + of March last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 28, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to its + ratification, an additional article to the treaty of navigation and + commerce with Russia of the 18th of December, 1832, which additional + article was concluded and signed between the plenipotentiaries of the + two Governments at Washington on the 27th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a report from the Secretary of State, suggesting + the necessity for a further appropriation toward defraying the expense + of employing copying clerks, with a view to enable his Department + seasonably to answer certain calls for information. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 27th + ultimo, directing the Secretary of State to furnish information in + regard to the trial of John H. Surratt, I transmit a report from the + Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report<a href="#note-34"><small>34</small></a> from the Secretary of State, in answer + to a resolution of the House of Representatives of the 28th of January. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 10, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Navy, + relative to depredations upon and the future care of the reservations + of lands for the "purpose of supplying timber for the Navy of the + United States." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 10, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the 1st + instant, I transmit herewith a report from the Postmaster-General, in + reference to the appointment of a special agent to take charge of the + post-office at Penn Yan, in the State of New York. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a report from the Secretary of State, with the accompanying + papers, on the subject of a transfer of the Peninsula and Bay of Samana + to the United States. The advice and consent of the Senate to the + transfer, upon the terms proposed in the draft of a convention with the + Dominican Republic, are requested. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for its consideration with a view to + ratification, the accompanying consular convention between the + United States and the Government of His Majesty the King of Italy. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Attorney-General, prepared + in compliance with the resolution of the Senate of the 30th ultimo, + requesting information as to the number of justices of the peace now + in commission in each ward, respectively, of the city of Washington. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 10, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 25th + of November, 1867, calling for information in relation to the trial and + conviction of American citizens in Great Britain and Ireland for the + two years last past, I transmit a partial report from the Secretary of + State, which is accompanied by a portion of the papers called for by + the resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 11, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution adopted yesterday by the House of + Representatives, requesting any further correspondence the President + "may have had with General U.S. Grant, in addition to that heretofore + submitted, on the subject of the recent vacation by the latter of the + War Office," I transmit herewith a copy of a communication addressed + to General Grant on the 10th instant, together with a copy of the + accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 10, 1868</i>. +</p> +<p> + General U.S. GRANT, +<br> + <i>Commanding Armies of the United States, Washington, D.C.</i> +</p> +<p> + GENERAL: The extraordinary character of your letter of the 3d instant<a href="#note-35"><small>35</small></a> + would seem to preclude any reply on my part; but the manner in which + publicity has been given to the correspondence of which that letter + forms a part and the grave questions which are involved induce me to + take this mode of giving, as a proper sequel to the communications which + have passed between us, the statements of the five members of the + Cabinet who were present on the occasion of our conversation on the 14th + ultimo. Copies of the letters which they have addressed to me upon the + subject are accordingly herewith inclosed. +</p> +<p> + You speak of my letter of the 31st ultimo<a href="#note-36"><small>36</small></a> as a reiteration of the + "many and gross misrepresentations" contained in certain newspaper + articles, and reassert the correctness of the statements contained in + your communication of the 28th ultimo,<a href="#note-37"><small>37</small></a> adding—and here I give your + own words—"anything in yours in reply to it to the contrary + notwithstanding." +</p> +<p> + When a controversy upon matters of fact reaches the point to which this + has been brought, further assertion or denial between the immediate + parties should cease, especially where upon either side it loses + the character of the respectful discussion which is required by the + relations in which the parties stand to each other and degenerates in + tone and temper. In such a case, if there is nothing to rely upon but + the opposing statements, conclusions must be drawn from those statements + alone and from whatever intrinsic probabilities they afford in favor of + or against either of the parties. I should not shrink from this test in + this controversy; but, fortunately, it is not left to this test alone. + There were five Cabinet officers present at the conversation the detail + of which in my letter of the 28th [31st[37]] ultimo you allow yourself + to say contains "many and gross misrepresentations." These gentlemen + heard that conversation and have read my statement. They speak for + themselves, and I leave the proof without a word of comment. +</p> +<p> + I deem it proper before concluding this communication to notice some of + the statements contained in your letter. +</p> +<p> + You say that a performance of the promises alleged to have been made by + you to the President "would have involved a resistance to law and an + inconsistency with the whole history of my connection with the + suspension of Mr. Stanton." You then state that you had fears the + President would, on the removal of Mr. Stanton, appoint someone in his + place who would embarrass the Army in carrying out the reconstruction + acts, and add: +</p> +<p> + "It was to prevent such an appointment that I accepted the office of + Secretary of War <i>ad interim</i>, and not for the purpose of enabling you + to get rid of Mr. Stanton by withholding it from him in opposition to + law, or, not doing so myself, surrendering it to one who would, as the + statements and assumptions in your communication plainly indicate was + sought." +</p> +<p> + First of all, you here admit that from the very beginning of what + you term "the whole history" of your connection with Mr. Stanton's + suspension you intended to circumvent the President. It was to carry out + that intent that you accepted the appointment. This was in your mind at + the time of your acceptance. It was not, then, in obedience to the order + of your superior, as has heretofore been supposed, that you assumed the + duties of the office. You knew it was the President's purpose to prevent + Mr. Stanton from resuming the office of Secretary of War, and you + intended to defeat that purpose. You accepted the office, not in the + interest of the President but of Mr. Stanton. If this purpose, so + entertained by you, had been confined to yourself; if when accepting + the office you had done so with a mental reservation to frustrate the + President, it would have been a tacit deception. In the ethics of some + persons such a course is allowable. But you can not stand even upon + that questionable ground. The "history" of your connection with this + transaction, as written by yourself, places you in a different + predicament, and shows that you not only concealed your design from + the President, but induced him to suppose that you would carry out his + purpose to keep Mr. Stanton out of office by retaining it yourself after + an attempted restoration by the Senate, so as to require Mr. Stanton to + establish his right by judicial decision. +</p> +<p> + I now give that part of this "history" as written by yourself in your + letter of the 28th ultimo:<a href="#note-38"><small>38</small></a> +</p> +<p> + "Some time after I assumed the duties of Secretary of War <i>ad interim</i> + the President asked me my views as to the course Mr. Stanton would have + to pursue, in case the Senate should not concur in his suspension, to + obtain possession of his office. My reply was, in substance, that + Mr. Stanton would have to appeal to the courts to reinstate him, + illustrating my position by citing the ground I had taken in the case + of the Baltimore police commissioners." +</p> +<p> + Now, at that time, as you admit in your letter of the 3d instant,<a href="#note-39"><small>39</small></a> + you held the office for the very object of defeating an appeal to the + courts. In that letter you say that in accepting the office one motive + was to prevent the President from appointing some other person who would + retain possession, and thus make judicial proceedings necessary. You + knew the President was unwilling to trust the office with anyone who + would not by holding it compel Mr. Stanton to resort to the courts. + You perfectly understood that in this interview, "some time" after + you accepted the office, the President, not content with your silence, + desired an expression of your views, and you answered him that Mr. + Stanton "would have to appeal to the courts." If the President reposed + confidence <i>before</i> he knew your views, and that confidence had been + violated, it might have been said he made a mistake; but a violation of + confidence reposed <i>after</i> that conversation was no mistake of his nor + of yours. It is the fact only that needs be stated, that at the date of + this conversation you did not intend to hold the office with the purpose + of forcing Mr. Stanton into court, but did hold it then and had accepted + it to prevent that course from being carried out. In other words, you + said to the President, "That is the proper course," and you said to + yourself, "I have accepted this office, and now hold it to defeat that + course." The excuse you make in a subsequent paragraph of that letter + of the 28th ultimo,<a href="#note-38"><small>38</small></a> that afterwards you changed your views as to + what would be a proper course, has nothing to do with the point now + under consideration. The point is that <i>before</i> you changed your views + you had secretly determined to do the very thing which at last you + did—surrender the office to Mr. Stanton. You may have changed your + views as to the law, but you certainly did not change your views as + to the course you had marked out for yourself from the beginning. +</p> +<p> + I will only notice one more statement in your letter of the 3d + instant<a href="#note-39"><small>39</small></a>—that the performance of the promises which it is alleged + were made by you would have involved you in the resistance of law. I + know of no statute that would have been violated had you, carrying out + your promises in good faith, tendered your resignation when you + concluded not to be made a party in any legal proceedings. You add: +</p> +<p> + "I am in a measure confirmed in this conclusion by your recent orders + directing me to disobey orders from the Secretary of War, <i>my superior</i> + and your subordinate, without having countermanded his authority to + issue the orders I am to disobey." +</p> +<p> + On the 24th<a href="#note-39"><small>39</small></a> ultimo you addressed a note to the President requesting + in writing an order given to you verbally five days before to disregard + orders from Mr. Stanton as Secretary of War until you "knew from the + President himself that they were his orders." +</p> +<p> + On the 29th,<a href="#note-40"><small>40</small></a> in compliance with your request, I did give you + instructions in writing "not to obey any order from the War Department + assumed to be issued by the direction of the President unless such order + is known by the General Commanding the armies of the United States to + have been authorized by the Executive." +</p> +<p> + There are some orders which a Secretary of War may issue without the + authority of the President; there are others which he issues simply as + the agent of the President, and which purport to be "by direction" of + the President. For such orders the President is responsible, and he + should therefore know and understand what they are before giving such + "direction." Mr. Stanton states in his letter of the 4th instant,<a href="#note-41"><small>41</small></a> + which accompanies the published correspondence, that he "has had no + correspondence with the President since the 12th of August last;" and + he further says that since he resumed the duties of the office he has + continued to discharge them "without any personal or written + communication with the President;" and he adds, "No orders have been + issued from this Department in the name of the President with my + knowledge, and I have received no orders from him." +</p> +<p> + It thus seems that Mr. Stanton now discharges the duties of the War + Department without any reference to the President and without using his + name. +</p> +<p> + My order to you had only reference to orders "assumed to be issued by + the direction of the President." It would appear from Mr. Stanton's + letter that you have received no such orders from him. However, in your + note to the President of the 30th ultimo,<a href="#note-42"><small>42</small></a> in which you acknowledge + the receipt of the written order of the 29th,<a href="#note-43"><small>43</small></a> you say that you have + been informed by Mr. Stanton that he has not received any order limiting + his authority to issue orders to the Army, according to the practice + of the Department, and state that "while this authority to the War + Department is not countermanded it will be satisfactory evidence to + me that any orders issued from the War Department by direction of the + President are authorized by the Executive." +</p> +<p> + The President issues an order to you to obey no order from the War + Department purporting to be made "by the direction of the President" + until you have referred it to him for his approval. You reply that you + have received the President's order and will not obey it, but will obey + an order purporting to be given by his direction <i>if it comes from the + War Department</i>. You will not obey the direct order of the President, + but will obey his indirect order. If, as you say, there has been a + practice in the War Department to issue orders in the name of the + President without his direction, does not the precise order you have + requested and have received change the practice as to the General of + the Army? Could not the President countermand any such order issued to + you from the War Department? If you should receive an order from that + Department, issued in the name of the President, to do a special act, + and an order directly from the President himself not to do the act, is + there a doubt which you are to obey? You answer the question when you + say to the President, in your letter of the 3d instant,<a href="#note-44"><small>44</small></a> the Secretary + of War is "my superior and your subordinate," and yet you refuse + obedience to the superior out of a deference to the subordinate. +</p> +<p> + Without further comment upon the insubordinate attitude which you + have assumed, I am at a loss to know how you can relieve yourself + from obedience to the orders of the President, who is made by the + Constitution the Commander in Chief of the Army and Navy, and is + therefore the official superior as well of the General of the Army + as of the Secretary of War. +</p> +<p> + Respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + [Letter addressed to each of the members of the Cabinet present at the + conversation between the President and General Grant on the 14th of + January, 1868, and answers thereto.] +</center> +<p class="r"> + EXECUTIVE MANSION, <i>Washington, D.C., February 5, 1868</i>. +</p> +<p> + SIR: The Chronicle of this morning contains a correspondence between the + President and General Grant reported from the War Department in answer + to a resolution of the House of Representatives. +</p> +<p> + I beg to call your attention to that correspondence, and especially to + that part of it which refers to the conversation between the President + and General Grant at the Cabinet meeting on Tuesday, the 14th of + January, and to request you to state what was said in that conversation. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 5, 1868</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: Your note of this date was handed to me this evening. My + recollection of the conversation at the Cabinet meeting on Tuesday, the + 14th of January, corresponds with your statement of it in the letter of + the 31st ultimo<a href="#note-45"><small>45</small></a> in the published correspondence. +</p> +<p> + The three points specified in that letter, giving your recollection of + the conversation, are correctly stated. +</p> +<p> + Very respectfully, +</p> +<p class="r"> + GIDEON WELLES. +</p> +<p> </p><p> </p> +<p class="r"> + TREASURY DEPARTMENT, <i>February 6, 1868</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: I have received your note of the 5th instant, calling my attention + to the correspondence between yourself and General Grant as published in + the Chronicle of yesterday, especially to that part of it which relates + to what occurred at the Cabinet meeting on Tuesday, the 14th ultimo, and + requesting me to state what was said in the conversation referred to. +</p> +<p> + I can not undertake to state the precise language used, but I have no + hesitation in saying that your account of that conversation as given in + your letter to General Grant under date of the 31st ultimo<a href="#note-45"><small>45</small></a> + substantially and in all important particulars accords with my + recollection of it. +</p> +<p> + With great respect, your obedient servant, +</p> +<p class="r"> + HUGH McCULLOCH. +</p> +<p> </p><p> </p> +<p class="r"> + POST-OFFICE DEPARTMENT, +<br> + <i>Washington, February 6, 1868</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: I am in receipt of your letter of the 5th of February, calling my + attention to the correspondence published in the Chronicle between the + President and General Grant, and especially to that part of it which + refers to the conversation between the President and General Grant at + the Cabinet meeting on Tuesday, the 14th of January, with a request that + I state what was said in that conversation. +</p> +<p> + In reply I have the honor to state that I have read carefully the + correspondence in question, and particularly the letter of the President + to General Grant dated January 31, 1868.<a href="#note-45"><small>45</small></a> The following extract from + your letter of the 31st January to General Grant is, according to my + recollection, a correct statement of the conversation that took place + between the President and General Grant at the Cabinet meeting on the + 14th of January last. In the presence of the Cabinet the President + asked General Grant whether, "in conversation which took place after his + appointment as Secretary of War <i>ad interim</i>, he did not agree either + to remain at the head of the War Department and abide any judicial + proceedings that might follow the nonconcurrence by the Senate in Mr. + Stanton's suspension, or, should he wish not to become involved in such + a controversy, to put the President in the same position with respect to + the office as he occupied previous to General Grant's appointment, by + returning it to the President in time to anticipate such action by the + Senate." This General Grant admitted. +</p> +<p> + The President then asked General Grant if at the conference on the + preceding Saturday he had not, to avoid misunderstanding, requested + General Grant to state what he intended to do, and, further, if in reply + to that inquiry he (General Grant) had not referred to their former + conversations, saying that from them the President understood his + position, and that his (General Grant's) action would be consistent with + the understanding which had been reached. +</p> +<p> + To these questions General Grant replied in the affirmative. +</p> +<p> + The President asked General Grant if at the conclusion of their + interview on Saturday it was not understood that they were to have + another conference on Monday before final action by the Senate in the + case of Mr. Stanton. +</p> +<p> + General Grant replied that such was the understanding, but that he did + not suppose the Senate would act so soon; that on Monday he had been + engaged in a conference with General Sherman, and was occupied with + "many little matters," and asked if General Sherman had not called on + that day. +</p> +<p> + I take this mode of complying with the request contained in the + President's letter to me, because my attention had been called to the + subject before, when the conversation between the President and General + Grant was under consideration. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + ALEX W. RANDALL, +<br> + <i>Postmaster-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF THE INTERIOR, +<br> + <i>Washington, D.C., February 6, 1868</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: I am in receipt of yours of yesterday, calling my attention to + a correspondance between yourself and General Grant published in the + Chronicle newspaper, and especially to that part of said correspondence + "which refers to the conversation between the President and General + Grant at the Cabinet meeting on Tuesday, the 14th of January," and + requesting me "to state what was said in that conversation." +</p> +<p> + In reply I submit the following statement: At the Cabinet meeting on + Tuesday, the 14th of January, 1868, General Grant appeared and took his + accustomed seat at the board. When he had been reached in the order of + business, the President asked him, as usual, if he had anything to + present. +</p> +<p> + In reply the General, after referring to a note which he had that + morning addressed to the President, inclosing a copy of the resolution + of the Senate refusing to concur in the reasons for the suspension of + Mr. Stanton, proceeded to say that he regarded his duties as Secretary + of War <i>ad interim</i> terminated by that resolution, and that he could not + lawfully exercise such duties for a moment after the adoption of the + resolution by the Senate; that the resolution reached him last night, + and that this morning he had gone to the War Department, entered the + Secretary's room, bolted one door on the inside, locked the other on the + outside, delivered the key to the Adjutant-General, and proceeded to the + Headquarters of the Army and addressed the note above mentioned to the + President, informing him that he (General Grant) was no longer Secretary + of War <i>ad interim</i>. +</p> +<p> + The President expressed great surprise at the course which General + Grant had thought proper to pursue, and, addressing himself to the + General, proceeded to say, in substance, that he had anticipated such + action on the part of the Senate, and, being very desirous to have the + constitutionality of the tenure-of-office bill tested and his right + to suspend or remove a member of the Cabinet decided by the judicial + tribunals of the country, he had some time ago, and shortly after + General Grant's appointment as Secretary of War <i>ad interim</i>, asked the + General what his action would be in the event that the Senate should + refuse to concur in the suspension of Mr. Stanton, and that the General + had then agreed either to remain at the head of the War Department till + a decision could be obtained from the court or resign the office into + the hands of the President before the case was acted upon by the Senate, + so as to place the President in the same situation he occupied at the + time of his (Grant's) appointment. +</p> +<p> + The President further said that the conversation was renewed on the + preceding Saturday, at which time he asked the General what he intended + to do if the Senate should undertake to reinstate Mr. Stanton, in reply + to which the General referred to their former conversation upon the same + subject and said: "You understand my position, and my conduct will be + conformable to that understanding;" that he (the General) then expressed + a repugnance to being made a party to a judicial proceeding, saying that + he would expose himself to fine and imprisonment by doing so, as his + continuing to discharge the duties of Secretary of War <i>ad interim</i> + after the Senate should have refused to concur in the suspension of Mr. + Stanton would be a violation of the tenure-of-office bill; that in reply + to this he (the President) informed General Grant he had not suspended + Mr. Stanton under the tenure-of-office bill, but by virtue of the powers + conferred on him by the Constitution; and that, as to the fine and + imprisonment, he (the President) would pay whatever fine was imposed + and submit to whatever imprisonment might be adjudged against him (the + General); that they continued the conversation for some time, discussing + the law at length, and that they finally separated without having + reached a definite conclusion, and with the understanding that the + General would see the President again on Monday. +</p> +<p> + In reply General Grant admitted that the conversations had occurred, and + said that at the first conversation he had given it as his opinion to + the President that in the event of nonconcurrence by the Senate in the + action of the President in respect to the Secretary of War the question + would have to be decided by the court—that Mr. Stanton would have to + appeal to the court to reinstate him in office; that the <i>ins</i> would + remain in till they could be displaced and the <i>outs</i> put in by legal + proceedings; and that he <i>then</i> thought so, and had agreed that if he + should change his mind he would notify the President in time to enable + him to make another appointment, but that at the time of the first + conversation he had not looked very closely into the law; that it had + recently been discussed by the newspapers, and that this had induced him + to examine it more carefully, and that he had come to the conclusion + that if the Senate should refuse to concur in the suspension Mr. Stanton + would thereby be reinstated, and that he (Grant) could not continue + thereafter to act as Secretary of War <i>ad interim</i> without subjecting + himself to fine and imprisonment, and that he came over on Saturday to + inform the President of this change in his views, and did so inform him; + that the President replied that he had not suspended Mr. Stanton under + the tenure-of-office bill, but under the Constitution, and had appointed + him (Grant) by virtue of the authority derived from the Constitution, + etc.; that they continued to discuss the matter some time, and finally + he left, without any conclusion having been reached, expecting to see + the President again on Monday. +</p> +<p> + He then proceeded to explain why he had not called on the President on + Monday, saying that he had had a long interview with General Sherman, + that various little matters had occupied his time till it was late, and + that he did not think the Senate would act so soon, and asked: "Did not + General Sherman call on you on Monday?" +</p> +<p> + I do not know what passed between the President and General Grant on + Saturday, except as I learned it from the conversation between them at + the Cabinet meeting on Tuesday, and the foregoing is substantially what + then occurred. The precise words used on the occasion are not, of + course, given exactly in the order in which they were spoken, but the + ideas expressed and the facts stated are faithfully preserved and + presented. +</p> +<p> + I have the honor to be, sir, with great respect, your obedient servant, +</p> +<p class="r"> + O.H. BROWNING. +</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 6, 1868</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: The meeting to which you refer in your letter was a regular Cabinet + meeting. While the members were assembling, and before the President had + entered the council chamber, General Grant on coming in said to me that + he was in attendance there, not as a member of the Cabinet, but upon + invitation, and I replied by the inquiry whether there was a change in + the War Department. After the President had taken his seat, business + went on in the usual way of hearing matters submitted by the several + Secretaries. When the time came for the Secretary of War, General Grant + said that he was now there, not as Secretary of War, but upon the + President's invitation; that he had retired from the War Department. A + slight difference then appeared about the supposed invitation, General + Grant saying that the officer who had borne his letter to the President + that morning announcing his retirement from the War Department had told + him that the President desired to see him at the Cabinet, to which the + President answered that when General Grant's communication was delivered + to him the President simply replied that he supposed General Grant would + be very soon at the Cabinet meeting. I regarded the conversation thus + begun as an incidental one. It went on quite informally, and consisted + of a statement on your part of your views in regard to the understanding + of the tenure upon which General Grant had assented to hold the War + Department <i>ad interim</i> and of his replies by way of answer and + explanation. It was respectful and courteous on both sides. Being in + this conversational form, its details could only have been preserved by + verbatim report. So far as I know, no such report was made at the time. + I can give only the general effect of the conversation. Certainly you + stated that, although you had reported the reasons for Mr. Stanton's + suspension to the Senate, you nevertheless held that he would not be + entitled to resume the office of Secretary of War even if the Senate + should disapprove of his suspension, and that you had proposed to have + the question tested by judicial process, to be applied to the person who + should be the incumbent of the Department under your designation of + Secretary of War <i>ad interim</i> in the place of Mr. Stanton. You contended + that this was well understood between yourself and General Grant; + that when he entered the War Department as Secretary <i>ad interim</i> he + expressed his concurrence in a belief that the question of Mr. Stanton's + restoration would be a question for the courts; that in a subsequent + conversation with General Grant you had adverted to the understanding + thus had, and that General Grant expressed his concurrence in it; that + at some conversation which had been previously held General Grant said + he still adhered to the same construction of the law, but said if he + should change his opinion he would give you seasonable notice of it, + so that you should in any case be placed in the same position in + regard to the War Department that you were while General Grant held + it <i>ad interim</i>. I did not understand General Grant as denying nor as + explicitly admitting these statements in the form and full extent to + which you made them. His admission of them was rather indirect and + circumstantial, though I did not understand it to be an evasive one. + He said that, reasoning from what occurred in the case of the police in + Maryland, which he regarded as a parallel one, he was of opinion, and so + assured you, that it would be his right and duty under your instructions + to hold the War Office after the Senate should disapprove of Mr. + Stanton's suspension until the question should be decided upon by the + courts; that he remained until very recently of that opinion, and that + on the Saturday before the Cabinet meeting a conversation was held + between yourself and him in which the subject was generally discussed. +</p> +<p> + General Grant's statement was that in that conversation he had stated + to you the legal difficulties which might arise, involving fine and + imprisonment, under the civil-tenure bill, and that he did not care to + subject himself to those penalties; that you replied to this remark that + you regarded the civil-tenure bill as unconstitutional and did not think + its penalties were to be feared, or that you would voluntarily assume + them; and you insisted that General Grant should either retain the + office until relieved by yourself, according to what you claimed was + the original understanding between yourself and him, or, by seasonable + notice of change of purpose on his part, put you in the same situation + which you would be if he adhered. You claimed that General Grant finally + said in that Saturday's conversation that you understood his views, and + his proceedings thereafter would be consistent with what had been so + understood. General Grant did not controvert, nor can I say that he + admitted, this last statement. Certainly General Grant did not at + any time in the Cabinet meeting insist that he had in the Saturday's + conversation, either distinctly or finally, advised you of his + determination to retire from the charge of the War Department otherwise + than under your own subsequent direction. He acquiesced in your + statement that the Saturday's conversation ended with an expectation + that there would be a subsequent conference on the subject, which he, + as well as yourself, supposed could seasonably take place on Monday. + You then alluded to the fact that General Grant did not call upon you + on Monday, as you had expected from that conversation. General Grant + admitted that it was his expectation or purpose to call upon you on + Monday. General Grant assigned reasons for the omission. He said he was + in conference with General Sherman; that there were many little matters + to be attended to; he had conversed upon the matter of the incumbency of + the War Department with General Sherman, and he expected that General + Sherman would call upon you on Monday. My own mind suggested a further + explanation, but I do not remember whether it was mentioned or not, + namely, that it was not supposed by General Grant on Monday that the + Senate would decide the question so promptly as to anticipate further + explanation between yourself and him if delayed beyond that day. General + Grant made another explanation—that he was engaged on Sunday with + General Sherman, and I think, also, on Monday, in regard to the War + Department matter, with a hope, though he did not say in an effort, + to procure an amicable settlement of the affair of Mr. Stanton, and + he still hoped that it would be brought about. +</p> +<p> + I have the honor to be, with great respect, your obedient servant, +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 11, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The accompanying letter from General Grant, received since the + transmission to the House of Representatives of my communication of this + date, is submitted to the House as a part of the correspondence referred + to in the resolution of the 10th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES. +<br> + <i>Washington, D.C., February 11, 1868</i>. +</p> +<p> + His Excellency A. JOHNSON, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: I have the honor to acknowledge the receipt of your communication + of the 10th instant,<a href="#note-46"><small>46</small></a> accompanied by statements of five Cabinet + ministers of their recollection of what occurred in Cabinet meeting on + the 14th of January. Without admitting anything in these statements + where they differ from anything heretofore stated by me, I propose to + notice only that portion of your communication wherein I am charged with + insubordination. I think it will be plain to the reader of my letter of + the 30th of January<a href="#note-47"><small>47</small></a> that I did not propose to disobey any legal + order of the President distinctly given, but only gave an interpretation + of what would be regarded as satisfactory evidence of the President's + sanction to orders communicated by the Secretary of War. I will say here + that your letter of the 10th instant<a href="#note-48"><small>48</small></a> contains the first intimation + I have had that you did not accept that interpretation. +</p> +<p> + Now for reasons for giving that interpretation. It was clear to me + before my letter of January 30<a href="#note-47"><small>47</small></a> was written that I, the person having + more public business to transact with the Secretary of War than any + other of the President's subordinates, was the only one who had been + instructed to disregard the authority of Mr. Stanton where his authority + was derived as agent of the President. +</p> +<p> + On the 27th of January I received a letter from the Secretary of War + (copy herewith) directing me to furnish escort to public treasure from + the Rio Grande to New Orleans, etc., at the request of the Secretary + of the Treasury to him. I also send two other inclosures, showing + recognition of Mr. Stanton as Secretary of War by both the Secretary + of the Treasury and the Postmaster-General, in all of which cases the + Secretary of War had to call upon me to make the orders requested or + give the information desired, and where his authority to do so is + derived, in my view, as agent of the President. +</p> +<p> + With an order so clearly ambiguous as that of the President here + referred to, it was my duty to inform the President of my interpretation + of it and to abide by that interpretation until I received other orders. +</p> +<p> + Disclaiming any intention, now or heretofore, of disobeying any legal + order of the President distinctly communicated, +</p> +<p> + I remain, very respectfully, your obedient servant, +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington City, January 27, 1868</i>. +</p> +<p> + General U.S. GRANT, +<br> + <i>Commanding Army United States</i>. +</p> +<p> + GENERAL: The Secretary of the Treasury has requested this Department + to afford A.F. Randall, special agent of the Treasury Department, such + military aid as may be necessary to secure and forward for deposit + from Brownsville, Tex., to New Orleans public moneys in possession of + custom-house officers at Brownsville, and which are deemed insecure + at that place. +</p> +<p> + You will please give such directions as you may deem proper to the + officer commanding at Brownsville to carry into effect the request of + the Treasury Department, the instructions to be sent by telegraph to + Galveston, to the care of A.F. Randall, special agent, who is at + Galveston waiting telegraphic orders, there being no telegraphic + communication with Brownsville, and the necessity for military + protection to the public moneys represented as urgent. +</p> +<p> + Please favor me with a copy of such instructions as you may give, in + order that they may be communicated to the Secretary of the Treasury. +</p> +<p> + Yours, truly, +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> + POST-OFFICE DEPARTMENT, CONTRACT OFFICE, +<br> + <i>Washington, February 3, 1868</i>. +</p> +<p> + The Honorable the SECRETARY OF WAR. +</p> +<p> + SIR: It has been represented to this Department that in October last a + military commission was appointed to settle upon some general plan of + defense for the Texas frontiers, and that the said commission has made + a report recommending a line of posts from the Rio Grande to the Red + River. +</p> +<p> + An application is now pending in this Department for a change in the + course of the San Antonio and El Paso mail, so as to send it by way + of Forts Mason, Griffin, and Stockton instead of Camps Hudson and + Lancaster. This application requires immediate decision, but before + final action can be had thereon it is desired to have some official + information as to the report of the commission above referred to. +</p> +<p> + Accordingly, I have the honor to request that you will cause this + Department to be furnished as early as possible with the information + desired in the premises, and also with a copy of the report, if any has + been made by the commission. +</p> +<p> + Very respectfully, etc., +</p> +<p class="r"> + GEO. W. McCLELLAN, +<br> + <i>Second Assistant Postmaster-General</i>. +</p> +<p class="r"> + FEBRUARY 3, 1868. +</p> +<p> + Referred to the General of the Army for report. +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<p class="r"> + TREASURY DEPARTMENT, <i>January 29, 1868</i>. +</p> +<p> + The Honorable SECRETARY OF WAR. +</p> +<p> + SIR: It is represented to this Department that a band of robbers has + obtained such a foothold in the section of country between Humboldt and + Lawrence, Kans., committing depredations upon travelers, both by public + and private conveyance, that the safety of the public money collected by + the receiver of the land office at Humboldt requires that it should be + guarded during its transit from Humboldt to Lawrence. I have therefore + the honor to request that the proper commanding officer of the district + may be instructed by the War Department, if in the opinion of the + honorable Secretary of War it can be done without prejudice to the + public interests, to furnish a sufficient military guard to protect such + moneys as may be <i>in transitu</i> from the above office for the purpose of + being deposited to the credit of the Treasurer of the United States. As + far as we are now advised, such service will not be necessary oftener + than once a month. Will you please advise me of the action taken, that + I may instruct the receiver and the Commissioner of the General Land + Office in the matter? +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + H. McCULLOCH, +<br> + <i>Secretary of the Treasury</i>. +</p> +<p> + Respectfully referred to the General of the Army to give the necessary + orders in this case and to furnish this Department a copy for the + information of the Secretary of the Treasury. +</p> +<p> + By order of the Secretary of War: +</p> +<p class="r"> + ED. SCHRIVER, +<br> + <i>Inspector-General</i>. +</p> +<p> </p><p> </p> +<center> + [The following are inserted because they have direct bearing on the two + messages from the President of February 11, 1868, and their inclosures.] +</center> +<p class="r"> + WAR DEPARTMENT, +<br> + <i>Washington City, February 4, 1868</i>. +</p> +<p> + Hon. SCHUYLER COLFAX, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p> + SIR: In answer to the resolution of the House of Representatives of the + 3d instant, I transmit herewith copies furnished me by General Grant of + correspondence between him and the President relating to the Secretary + of War, and which he reports to be all the correspondence he has had + with the President on the subject. +</p> +<p> + I have had no correspondence with the President since the 12th of August + last. After the action of the Senate on his alleged reason for my + suspension from the office of Secretary of War, I resumed the duties of + that office, as required by the act of Congress, and have continued to + discharge them without any personal or written communication with the + President. No orders have been issued from this Department in the name + of the President with my knowledge, and I have received no orders from + him. +</p> +<p> + The correspondence sent herewith embraces all the correspondence known + to me on the subject referred to in the resolution of the House of + Representatives. +</p> +<p> + I have the honor to be, sir, with great respect, your obedient servant, +</p> +<p class="r"> + EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<center> + <i>General Grant to the President</i>. +</center> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES, +<br> + <i>Washington, January 24, 1868</i>. +</p> +<p> + His Excellency A. JOHNSON, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: I have the honor very respectfully to request to have in writing + the order which the President gave me verbally on Sunday, the 19th + instant, to disregard the orders of the Hon. E.M. Stanton as Secretary + of War until I knew from the President himself that they were his + orders. +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<center> + <i>General Grant to the President</i>. +</center> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES, +<br> + <i>Washington, D.C., January 28, 1868</i>. +</p> +<p> + His Excellency A. JOHNSON, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: On the 24th instant I requested you to give me in writing the + instructions which you had previously given me verbally not to obey any + order from Hon. E.M. Stanton, Secretary of War, unless I knew that it + came from yourself. To this written request I received a message that + has left doubt in my mind of your intentions. To prevent any possible + misunderstanding, therefore, I renew the request that you will give me + written instructions, and till they are received will suspend action on + your verbal ones. +</p> +<p> + I am compelled to ask these instructions in writing in consequence + of the many and gross misrepresentations affecting my personal honor + circulated through the press for the last fortnight, purporting to come + from the President, of conversations which occurred either with the + President privately in his office or in Cabinet meeting. What is written + admits of no misunderstanding. +</p> +<p> + In view of the misrepresentations referred to, it will be well to state + the facts in the case. +</p> +<p> + Some time after I assumed the duties of Secretary of War <i>ad interim</i> + the President asked me my views as to the course Mr. Stanton would have + to pursue, in case the Senate should not concur in his suspension, + to obtain possession of his office. My reply was, in substance, that + Mr. Stanton would have to appeal to the courts to reinstate him, + illustrating my position by citing the ground I had taken in the case + of the Baltimore police commissioners. +</p> +<p> + In that case I did not doubt the technical right of Governor Swann to + remove the old commissioners and to appoint their successors. As the old + commissioners refused to give up, however, I contended that no resource + was left but to appeal to the courts. +</p> +<p> + Finding that the President was desirous of keeping Mr. Stanton out of + office, whether sustained in the suspension or not, I stated that I had + not looked particularly into the tenure-of-office bill, but that what + I had stated was a general principle, and if I should change my mind in + this particular case I would inform him of the fact. +</p> +<p> + Subsequently, on reading the tenure-of-office bill closely, I found that + I could not, without violation of the law, refuse to vacate the office + of Secretary of War the moment Mr. Stanton was reinstated by the Senate, + even though the President should order me to retain it, which he never + did. +</p> +<p> + Taking this view of the subject, and learning on Saturday, the 11th + instant, that the Senate had taken up the subject of Mr. Stanton's + suspension, after some conversation with Lieutenant General Sherman and + some members of my staff, in which I stated that the law left me no + discretion as to my action should Mr. Stanton be reinstated, and that I + intended to inform the President, I went to the President for the sole + purpose of making this decision known, and did so make it known. +</p> +<p> + In doing this I fulfilled the promise made in our last preceding + conversation on the subject. +</p> +<p> + The President, however, instead of accepting my view of the requirements + of the tenure-of-office bill, contended that he had suspended Mr. + Stanton under the authority given by the Constitution, and that the same + authority did not preclude him from reporting, as an act of courtesy, + his reasons for the suspension to the Senate; that, having appointed me + under the authority given by the Constitution, and not under any act of + Congress, I could not be governed by the act. I stated that the law was + binding on me, constitutional or not, until set aside by the proper + tribunal. An hour or more was consumed, each reiterating his views on + this subject, until, getting late, the President said he would see me + again. +</p> +<p> + I did not agree to call again on Monday, nor at any other definite time, + nor was I sent for by the President until the following Tuesday. +</p> +<p> + From the 11th to the Cabinet meeting on the 14th instant a doubt never + entered my mind about the President's fully understanding my position, + namely, that if the Senate refused to concur in the suspension of Mr. + Stanton my powers as Secretary of War <i>ad interim</i> would cease and Mr. + Stanton's right to resume at once the functions of his office would + under the law be indisputable, and I acted accordingly. With Mr. Stanton + I had no communication, direct nor indirect, on the subject of his + reinstatement during his suspension. +</p> +<p> + I knew it had been recommended to the President to send in the + name of Governor Cox, of Ohio, for Secretary of War, and thus save all + embarrassment—a proposition that I sincerely hoped he would entertain + favorably; General Sherman seeing the President at my particular request + to urge this on the 13th instant. +</p> +<p> + On Tuesday (the day Mr. Stanton reentered the office of the Secretary of + War) General Comstock, who had carried my official letter announcing + that with Mr. Stanton's reinstatement by the Senate I had ceased to be + Secretary of War <i>ad interim</i>, and who saw the President open and read + the communication, brought back to me from the President a message that + he wanted to see me that day at the Cabinet meeting, after I had made + known the fact that I was no longer Secretary of War <i>ad interim</i>. +</p> +<p> + At this meeting, after opening it as though I were a member of the + Cabinet, when reminded of the notification already given him that I was + no longer Secretary of War <i>ad interim</i>, the President gave a version of + the conversations alluded to already. In this statement it was asserted + that in both conversations I had agreed to hold on to the office of + Secretary of War until displaced by the courts, or resign, so as to + place the President where he would have been had I never accepted the + office. After hearing the President through, I stated our conversations + substantially as given in this letter. I will add that my conversation + before the Cabinet embraced other matter not pertinent here, and is + therefore left out. +</p> +<p> + I in no wise admitted the correctness of the President's statement of + our conversations, though, to soften the evident contradiction my + statement gave, I said (alluding to our first conversation on the + subject) the President might have understood me the way he said, namely, + that I had promised to resign if I did not resist the reinstatement. + I made no such promise. +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES, +<br> + <i>January 30, 1868</i>. +</p> +<p> + Respectfully forwarded to the Secretary of War for his information. +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<center> + [Indorsement of the President on General Grant's note of January 24, + 1868.<a href="#note-49"><small>49</small></a>] +</center> +<p class="r"> + JANUARY 29, 1868. +</p> +<p> + As requested in this communication, General Grant is instructed in + writing not to obey any order from the War Department assumed to be + issued by the direction of the President unless such order is known by + the General Commanding the armies of the United States to have been + authorized by the Executive. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + <i>General Grant to the President</i>. +</center> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES, +<br> + <i>Washington, January 30, 1868</i>. +</p> +<p> + His Excellency A. JOHNSON, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: I have the honor to acknowledge the return of my note of the 24th + instant,<a href="#note-49"><small>49</small></a> with your indorsement thereon, that I am not to obey any + order from the War Department assumed to be issued by the direction of + the President unless such order is known by me to have been authorized + by the Executive, and in reply thereto to say that I am informed by the + Secretary of War that he has not received from the Executive any order + or instructions limiting or impairing his authority to issue orders to + the Army, as has heretofore been his practice under the law and the + customs of the Department. While this authority to the War Department is + not countermanded it will be satisfactory evidence to me that any orders + issued from the War Department by direction of the President are + authorized by the Executive. +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + HEADQUARTERS ARMY UNITED STATES, +<br> + <i>January 30, 1868</i>. +</p> +<p> + Respectfully forwarded to the Secretary of War for his information. +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<center> + <i>The President to General Grant</i>. +</center> +<p class="r"> + EXECUTIVE MANSION, <i>January 31, 1868</i>. +</p> +<p> + General U.S. GRANT, +<br> + <i>Commanding United States Armies</i>. +</p> +<p> + GENERAL: I have received your communication of the 28th instant,<a href="#note-50"><small>50</small></a> + renewing your request of the 24th,<a href="#note-49"><small>49</small></a> that I should repeat in a written + form my verbal instructions of the 19th instant, viz, that you obey no + order from the Hon. Edwin M. Stanton as Secretary of War unless you have + information that it was issued by the President's directions. +</p> +<p> + In submitting this request (with which I complied on the 29th + instant<a href="#note-51"><small>51</small></a>) you take occasion to allude to recent publications in + reference to the circumstances connected with the vacation by yourself + of the office of Secretary of War <i>ad interim</i>, and with the view of + correcting statements which you term "gross misrepresentations" give + at length your own recollection of the facts under which, without the + sanction of the President, from whom you had received and accepted the + appointment, you yielded the Department of War to the present incumbent. +</p> +<p> + As stated in your communication, some time after you had assumed the + duties of Secretary of War <i>ad interim</i> we interchanged views respecting + the course that should be pursued in the event of nonconcurrence by the + Senate in the suspension from office of Mr. Stanton. I sought that + interview, calling myself at the War Department. My sole object in then + bringing the subject to your attention was to ascertain definitely + what would be your own action should such an attempt be made for his + restoration to the War Department. That object was accomplished, for + the interview terminated with the distinct understanding that if upon + reflection you should prefer not to become a party to the controversy or + should conclude that it would be your duty to surrender the Department + to Mr. Stanton upon action in his favor by the Senate you were to return + the office to me prior to a decision by the Senate, in order that if I + desired to do so I might designate someone to succeed you. It must have + been apparent to you that had not this understanding been reached it was + my purpose to relieve you from the further discharge of the duties of + Secretary of War <i>ad interim</i> and to appoint some other person in that + capacity. +</p> +<p> + Other conversations upon this subject ensued, all of them having on my + part the same object and leading to the same conclusion as the first. + It is not necessary, however, to refer to any of them excepting that of + Saturday, the 11th instant, mentioned in your communication. As it was + then known that the Senate had proceeded to consider the case of Mr. + Stanton, I was anxious to learn your determination. After a protracted + interview, during which the provisions of the tenure-of-office bill were + freely discussed, you said that, as had been agreed upon in our first + conference, you would either return the office to my possession in time + to enable me to appoint a successor before final action by the Senate + upon Mr. Stanton's suspension, or would remain as its head, awaiting a + decision of the question by judicial proceedings. It was then understood + that there would be a further conference on Monday, by which time I + supposed you would be prepared to inform me of your final decision. You + failed, however, to fulfill the engagement, and on Tuesday notified me + in writing of the receipt by you of official notification of the action + of the Senate in the case of Mr. Stanton, and at the same time informed + me that according to the act regulating the tenure of certain civil + offices your functions as Secretary of War <i>ad interim</i> ceased from + the moment of the receipt of the notice. You thus, in disregard of the + understanding between us, vacated the office without having given me + notice of your intention to do so. It is but just, however, to say that + in your communication you claim that you did inform me of your purpose, + and thus "fulfilled the promise made in our last preceding conversation + on this subject." The fact that such a promise existed is evidence of + an arrangement of the kind I have mentioned. You had found in our first + conference "that the President was desirous of keeping Mr. Stanton out + of office whether sustained in the suspension or not." You knew what + reasons had induced the President to ask from you a promise; you + also knew that in case your views of duty did not accord with his + own convictions it was his purpose to fill your place by another + appointment. Even ignoring the existence of a positive understanding + between us, these conclusions were plainly deducible from our various + conversations. It is certain, however, that even under these + circumstances you did not offer to return the place to my possession, + but, according to your own statement, placed yourself in a position + where, could I have anticipated your action, I would have been compelled + to ask of you, as I was compelled to ask of your predecessor in the War + Department, a letter of resignation, or else to resort to the more + disagreeable expedient of suspending you by a successor. +</p> +<p> + As stated in your letter, the nomination of Governor Cox, of Ohio, for + the office of Secretary of War was suggested to me. His appointment as + Mr. Stanton's successor was urged in your name, and it was said that + his selection would save further embarrassment. I did not think that + in the selection of a Cabinet officer I should be trammeled by such + considerations. I was prepared to take the responsibility of deciding + the question in accordance with my ideas of constitutional duty, and, + having determined upon a course which I deemed right and proper, was + anxious to learn the steps you would take should the possession of the + War Department be demanded by Mr. Stanton. Had your action been in + conformity to the understanding between us, I do not believe that the + embarrassment would have attained its present proportions or that the + probability of its repetition would have been so great. +</p> +<p> + I know that, with a view to an early termination of a state of affairs + so detrimental to the public interests, you voluntarily offered, both on + Wednesday, the 15th instant, and on the succeeding Sunday, to call upon + Mr. Stanton and urge upon him that the good of the service required his + resignation. I confess that I considered your proposal as a sort of + reparation for the failure on your part to act in accordance with an + understanding more than once repeated, which I thought had received your + full assent, and under which you could have returned to me the office + which I had conferred upon you, thus saving yourself from embarrassment + and leaving the responsibility where it properly belonged—with the + President, who is accountable for the faithful execution of the laws. +</p> +<p> + I have not yet been informed by you whether, as twice proposed by + yourself, you have called upon Mr. Stanton and made an effort to induce + him voluntarily to retire from the War Department. +</p> +<p> + You conclude your communication with a reference to our conversation at + the meeting of the Cabinet held on Tuesday, the 14th instant. In your + account of what then occurred you say that after the President had given + his version of our previous conversations you stated them substantially + as given in your letter; that you in no wise admitted the correctness of + his statement of them, "though, to soften the evident contradiction my + statement gave, I said (alluding to our first conversation on the + subject) the President might have understood me the way he said, namely, + that I had promised to resign if I did not resist the reinstatement. + I made no such promise." +</p> +<p> + My recollection of what then transpired is diametrically the reverse of + your narration. In the presence of the Cabinet I asked you— +</p> +<p> + First. If, in a conversation which took place shortly after your + appointment as Secretary of War <i>ad interim</i>, you did not agree either + to remain at the head of the War Department and abide any judicial + proceedings that might follow nonconcurrence by the Senate in Mr. + Stanton's suspension, or, should you wish not to become involved in such + a controversy, to put me in the same position with respect to the office + as I occupied previous to your appointment, by returning it to me in + time to anticipate such action by the Senate. This you admitted. +</p> +<p> + Second. I then asked you if, at our conference on the preceding + Saturday, I had not, to avoid misunderstanding, requested you to state + what you intended to do, and, further, if in reply to that inquiry you + had not referred to our former conversations, saying that from them I + understood your position, and that your action would be consistent with + the understanding which had been reached. To these questions you also + replied in the affirmative. +</p> +<p> + Third. I next asked if at the conclusion of our interview on Saturday + it was not understood that we were to have another conference on Monday + before final action by the Senate in the case of Mr. Stanton. You + replied that such was the understanding, but that you did not suppose + the Senate would act so soon; that on Monday you had been engaged in a + conference with General Sherman and were occupied with "many little + matters," and asked if General Sherman had not called on that day. What + relevancy General Sherman's visit to me on Monday had with the purpose + for which you were then to have called I am at a loss to perceive, + as he certainly did not inform me whether you had determined to retain + possession of the office or to afford me an opportunity to appoint a + successor in advance of any attempted reinstatement of Mr. Stanton. +</p> +<p> + This account of what passed between us at the Cabinet meeting on the + 14th instant widely differs from that contained in your communication, + for it shows that instead of having "stated our conversations as given + in the letter" which has made this reply necessary you admitted that my + recital of them was entirely accurate. Sincerely anxious, however, to + be correct in my statements, I have to-day read this narration of what + occurred on the 14th instant to the members of the Cabinet who were then + present. They, without exception, agree in its accuracy. +</p> +<p> + It is only necessary to add that on Wednesday morning, the 15th instant, + you called on me, in company with Lieutenant-General Sherman. After some + preliminary conversation, you remarked that an article in the National + Intelligencer of that date did you much injustice. I replied that I had + not read the Intelligencer of that morning. You then first told me that + it was your intention to urge Mr. Stanton to resign his office. +</p> +<p> + After you had withdrawn I carefully read the article of which you had + spoken, and found that its statements of the understanding between us + were substantially correct. On the 17th I caused it to be read to four + of the five members of the Cabinet who were present at our conference on + the 14th, and they concurred in the general accuracy of its statements + respecting our conversation upon that occasion. +</p> +<p> + In reply to your communication, I have deemed it proper, in order to + prevent further misunderstanding, to make this simple recital of facts. +</p> +<p> + Very respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + <i>General Grant to the President</i>. +</center> +<p class="r"> + HEADQUARTERS ARMY OF THE UNITED STATES, +<br> + <i>Washington, D.C., February 3, 1868</i>. +</p> +<p> + His Excellency A. JOHNSON, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: I have the honor to acknowledge the receipt of your communication + of the 31st ultimo,<a href="#note-52"><small>52</small></a> in answer to mine of the 28th ultimo[53]. After + a careful reading and comparison of it with the article in the National + Intelligencer of the 15th ultimo and the article over the initials + J.B.S. in the New York World of the 27th ultimo, purporting to be based + upon your statement and that of the members of your Cabinet therein + named, I find it to be but a reiteration, only somewhat more in detail, + of the "many and gross misrepresentations" contained in these articles, + and which my statement of the facts set forth in my letter of the 28th + ultimo<a href="#note-53"><small>53</small></a> was intended to correct; and I here reassert the correctness + of my statements in that letter, anything in yours in reply to it to the + contrary notwithstanding. +</p> +<p> + I confess my surprise that the Cabinet officers referred to should so + greatly misapprehend the facts in the matter of admissions alleged to + have been made by me at the Cabinet meeting of the 14th ultimo as to + suffer their names to be made the basis of the charges in the newspaper + article referred to, or agree in the accuracy, as you affirm they do, + of your account of what occurred at that meeting. +</p> +<p> + You know that we parted on Saturday, the 11th ultimo, without any + promise on my part, either express or implied, to the effect that I + would hold on to the office of Secretary of War <i>ad interim</i> against the + action of the Senate, or, declining to do so myself, would surrender it + to you before such action was had, or that I would see you again at any + fixed time on the subject. +</p> +<p> + The performance of the promises alleged by you to have been made by me + would have involved a resistance to law and an inconsistency with the + whole history of my connection with the suspension of Mr. Stanton. +</p> +<p> + From our conversations and my written protest of August 1, 1867, + against the removal of Mr. Stanton, you must have known that my greatest + objection to his removal or suspension was the fear that someone would + be appointed in his stead who would, by opposition to the laws relating + to the restoration of the Southern States to their proper relations + to the Government, embarrass the Army in the performance of duties + especially imposed upon it by these laws; and it was to prevent such an + appointment that I accepted the office of Secretary of War <i>ad interim</i>, + and not for the purpose of enabling you to get rid of Mr. Stanton by my + withholding it from him in opposition to law, or, not doing so myself, + surrendering it to one who would, as the statement and assumptions in + your communication plainly indicate was sought. And it was to avoid this + same danger, as well as to relieve you from the personal embarrassment + in which Mr. Stanton's reinstatement would place you, that I urged the + appointment of Governor Cox, believing that it would be agreeable to you + and also to Mr. Stanton, satisfied as I was that it was the good of the + country, and not the office, the latter desired. +</p> +<p> + On the 15th ultimo, in presence of General Sherman, I stated to you that + I thought Mr. Stanton would resign, but did not say that I would advise + him to do so. On the 18th I did agree with General Sherman to go and + advise him to that course, and on the 19th I had an interview alone with + Mr. Stanton, which led me to the conclusion that any advice to him of + the kind would be useless, and I so informed General Sherman. +</p> +<p> + Before I consented to advise Mr. Stanton to resign, I understood + from him, in a conversation on the subject immediately after his + reinstatement, that it was his opinion that the act of Congress entitled + "An act temporarily to supply vacancies in the Executive Departments in + certain cases," approved February 20, 1863, was repealed by subsequent + legislation, which materially influenced my action. Previous to this + time I had had no doubt that the law of 1863 was still in force, and, + notwithstanding my action, a fuller examination of the law leaves a + question in my mind whether it is or is not repealed. This being the + case, I could not now advise his resignation, lest the same danger + I apprehended on his first removal might follow. +</p> +<p> + The course you would have it understood I agreed to pursue was in + violation of law and without orders from you, while the course I did + pursue, and which I never doubted you fully understood, was in + accordance with law and not in disobedience of any orders of my + superior. +</p> +<p> + And now, Mr. President, when my honor as a soldier and integrity as a + man have been so violently assailed, pardon me for saying that I can but + regard this whole matter, from the beginning to the end, as an attempt + to involve me in the resistance of law, for which you hesitated to + assume the responsibility in orders, and thus to destroy my character + before the country. I am in a measure confirmed in this conclusion by + your recent orders directing me to disobey orders from the Secretary of + War, my superior and your subordinate, without having countermanded his + authority to issue the orders I am to disobey. +</p> +<p> + With the assurance, Mr. President, that nothing less than a vindication + of my personal honor and character could have induced this + correspondence on my part, +</p> +<p> + I have the honor to be, very respectfully, your obedient servant, +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> + Respectfully forwarded to the Secretary of War for his information, and + to be made a part of correspondence previously furnished on same subject. +</p> +<p class="r"> + U.S. GRANT, <i>General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 17, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In reply to the resolution adopted by the House of Representatives on + the 19th of December last, calling for correspondence and information + in relation to Russian America, I transmit reports and accompanying + documents from the Secretary of State and the Secretary of the Treasury, + respectively. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 18, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 17th of + January last, calling for information in regard to the execution of the + treaty of 1858 with China, for the settlement of claims, I transmit a + report of the Secretary of State and the papers which accompany it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 19, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Attorney-General, prepared in + compliance with the resolution of the House of Representatives of the + 26th November, 1867, requesting a list of all pardons "granted since + the 14th day of April, 1865, to any person or persons charged with or + convicted of making or passing counterfeit money, or having counterfeit + money or tools or instruments for making the same in his or their + possession, or charged with or convicted of the crime of forgery or + criminal alteration of papers, accounts, or other documents, or of the + crime of perjury, and that such list be accompanied by a particular + statement in each case of the reasons or grounds of the pardon, with a + disclosure of the names of persons, if any, who recommended or advised + the same." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 19, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Attorney-General, prepared in + compliance with a resolution adopted by the Senate on the 2d day of + December last, requesting "a full list of the names of all persons + pardoned by the President since May 1, 1865, who have been convicted of + counterfeiting United States bonds, greenbacks, national-bank currency, + fractional currency, or the coin of the United States, with the date of + issuing each pardon, reasons for issuing it, and by whom recommended." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to a resolution of the Senate of the 18th of December last, + requesting information in regard to the island of San Juan, on Puget + Sound, I transmit a report from the Secretary of State and the papers + which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + With reference to the convention between Denmark and the United States + concluded on the 24th of October last, I transmit to the Senate a copy + in translation of a note of the 19th instant addressed to the Secretary + of State by His Danish Majesty's chargé d'affaires, announcing the + ratification of the convention by the Government of Denmark and stating + his readiness to proceed with the customary exchange of ratifications. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a communication from the Chief of the Engineer Corps + of the Army, accompanied by a report, in reference to ship canals around + the Falls of the Ohio River, called for by the resolution of the House + of Representatives of the 18th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 21, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + On the 12th day of August, 1867, by virtue of the power and authority + vested in the President by the Constitution and laws of the United + States, I suspended Edwin M. Stanton from the office of Secretary of + War. +</p> +<p> + In further exercise of the power and authority so vested in the + President, I have this day removed Mr. Stanton from office and + designated the Adjutant-General of the Army to act as Secretary + of War <i>ad interim</i>. +</p> +<p> + Copies of the communications upon this subject addressed to Mr. Stanton + and the Adjutant-General are herewith transmitted for the information of + the Senate. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 22, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received a copy of the resolution adopted by the Senate on the + 21st instant, as follows: +</p> +<p class="q"> + Whereas the Senate have received and considered the communication of + the President stating that he had removed Edwin M. Stanton, Secretary + of War, and had designated the Adjutant-General of the Army to act as + Secretary of War <i>ad interim</i>: Therefore, +</p><p class="q"> + <i>Resolved by the Senate of the United States</i>, That under the + Constitution and laws of the United States the President has no power + to remove the Secretary of War and designate any other officer to + perform the duties of that office <i>ad interim</i>. +</p> +<p> + This resolution is confined to the power of the President to remove the + Secretary of War and to designate another officer to perform the duties + of the office <i>ad interim</i>, and by its preamble is made expressly + applicable to the removal of Mr. Stanton and the designation to act + <i>ad interim</i> of the Adjutant-General of the Army. Without, therefore, + attempting to discuss the general power of removal as to all officers, + upon which subject no expression of opinion is contained in the + resolution, I shall confine myself to the question as thus limited—the + power to remove the Secretary of War. +</p> +<p> + It is declared in the resolution— +</p> +<p class="q"> + That under the Constitution and laws of the United States the President + has no power to remove the Secretary of War and designate any other + officer to perform the duties of that office <i>ad interim</i>. +</p> +<p> + As to the question of power under the Constitution, I do not propose at + present to enter upon its discussion. +</p> +<p> + The uniform practice from the beginning of the Government, as + established by every President who has exercised the office, and the + decisions of the Supreme Court of the United States have settled the + question in favor of the power of the President to remove all officers + excepting a class holding appointments of a judicial character. No + practice nor any decision has ever excepted a Secretary of War from this + general power of the President to make removals from office. +</p> +<p> + It is only necessary, then, that I should refer to the power of the + Executive, under the laws of the United States, to remove from office a + Secretary of War. The resolution denies that under these laws this power + has any existence. In other words, it affirms that no such authority is + recognized or given by the statutes of the country. +</p> +<p> + What, then, are the laws of the United States which deny the President + the power to remove that officer? I know but two laws which bear upon + this question. The first in order of time is the act of August 7, 1789, + creating the Department of War, which, after providing for a Secretary + as its principal officer, proceeds as follows: +</p> +<p class="q"> + SEC. 2. <i>And be it further enacted</i>, That there shall be in the said + Department an inferior officer, to be appointed by the said principal + officer, to be employed therein as he shall deem proper, and to be + called the chief clerk in the Department of War, and who, whenever the + said principal officer shall be removed from office by the President of + the United States, or in any other case of vacancy, shall during such + vacancy have the charge and custody of all records, books, and papers + appertaining to the said Department. +</p> +<p> + It is clear that this act, passed by a Congress many of whose members + participated in the formation of the Constitution, so far from denying + the power of the President to remove the Secretary of War, recognizes + it as existing in the Executive alone, without the concurrence of the + Senate or of any other department of the Government. Furthermore, this + act does not purport to confer the power by legislative authority, nor + in fact was there any other existing legislation through which it was + bestowed upon the Executive. The recognition of the power by this act is + therefore complete as a recognition under the Constitution itself, for + there was no other source or authority from which it could be derived. +</p> +<p> + The other act which refers to this question is that regulating the + tenure of certain civil offices, passed by Congress on the 2d day of + March, 1867. The first section of that act is in the following words: +</p> +<p class="q"> + That every person holding any civil office to which he has been + appointed by and with the advice and consent of the Senate, and every + person who shall hereafter be appointed to any such office, and shall + become duly qualified to act therein, is and shall be entitled to hold + such office until a successor shall have been in like manner appointed + and duly qualified, except as herein otherwise provided: <i>Provided</i>, + That the Secretaries of State, of the Treasury, of War, of the Navy, + and of the Interior, the Postmaster-General, and the Attorney-General + shall hold their offices, respectively, for and during the term of + the President by whom they may have been appointed and for one month + thereafter, subject to removal by and with the advice and consent of + the Senate. +</p> +<p> + The fourth section of the same act restricts the term of offices to the + limit prescribed by the law creating them. +</p> +<p> + That part of the first section which precedes the proviso declares that + every person holding a civil office to which he has been or may be + appointed by and with the advice and consent of the Senate shall hold + such office until a successor shall have been in like manner appointed. + It purports to take from the Executive, during the fixed time + established for the tenure of the office, the independent power of + removal, and to require for such removal the concurrent action of the + President and the Senate. +</p> +<p> + The proviso that follows proceeds to fix the term of office of the seven + heads of Departments, whose tenure never had been defined before, by + prescribing that they "shall hold their offices, respectively, for and + during the term of the President by whom they may have been appointed + and for one month thereafter, subject to removal by and with the advice + and consent of the Senate." +</p> +<p> + Thus, as to these enumerated officers, the proviso takes from the + President the power of removal except with the advice and consent of the + Senate. By its terms, however, before he can be deprived of the power to + displace them it must appear that he himself has appointed them. It is + only in that case that they have any tenure of office or any independent + right to hold during the term of the President and for one month after + the cessation of his official functions. The proviso, therefore, gives + no tenure of office to any one of these officers who has been appointed + by a former President beyond one month after the accession of his + successor. +</p> +<p> + In the case of Mr. Stanton, the only appointment under which he + held the office of Secretary of War was that conferred upon him by my + immediate predecessor, with the advice and consent of the Senate. He has + never held from me any appointment as the head of the War Department. + Whatever right he had to hold the office was derived from that original + appointment and my own sufferance. The law was not intended to protect + such an incumbent of the War Department by taking from the President the + power to remove him. This, in my judgment, is perfectly clear, and the + law itself admits of no other just construction. We find in all that + portion of the first section which precedes the proviso that as to civil + officers generally the President is deprived of the power of removal, + and it is plain that if there had been no proviso that power would just + as clearly have been taken from him so far as it applies to the seven + heads of Departments. But for reasons which were no doubt satisfactory + to Congress these principal officers were specially provided for, and as + to them the express and only requirement is that the President who has + appointed them shall not without the advice and consent of the Senate + remove them from office. The consequence is that as to my Cabinet, + embracing the seven officers designated in the first section, the act + takes from me the power, without the concurrence of the Senate, to + remove any one of them that I have appointed, but it does not protect + such of them as I did not appoint, nor give to them any tenure of office + beyond my pleasure. +</p> +<p> + An examination of this act, then, shows that while in one part of the + section provision is made for officers generally, in another clause + there is a class of officers, designated by their official titles, who + are excepted from the general terms of the law, and in reference to whom + a clear distinction is made as to the general power of removal limited + in the first clause of the section. +</p> +<p> + This distinction is that as to such of these enumerated officers as hold + under the appointment of the President the power of removal can only be + exercised by him with the consent of the Senate, while as to those who + have not been appointed by him there is no like denial of his power to + displace them. It would be a violation of the plain meaning of this + enactment to place Mr. Stanton upon the same footing as those heads of + Departments who have been appointed by myself. As to him, this law gives + him no tenure of office. The members of my Cabinet who have been + appointed by me are by this act entitled to hold for one month after the + term of my office shall cease; but Mr. Stanton could not, against the + wishes of my successor, hold a moment thereafter. If he were permitted + by that successor to hold for the first two weeks, would that successor + have no power to remove him? But the power of my successor over him + could be no greater than my own. If my successor would have the power to + remove Mr. Stanton after permitting him to remain a period of two weeks, + because he was not appointed by him, but by his predecessor, I, who have + tolerated Mr. Stanton for more than two years, certainly have the same + right to remove him, and upon the same ground, namely, that he was not + appointed by me, but by my predecessor. +</p> +<p> + Under this construction of the tenure-of-office act, I have never + doubted my power to remove Mr. Stanton. +</p> +<p> + Whether the act were constitutional or not, it was always my opinion + that it did not secure him from removal. I was, however, aware that + there were doubts as to the construction of the law, and from the first + I deemed it desirable that at the earliest possible moment those doubts + should be settled and the true construction of the act fixed by decision + of the Supreme Court of the United States. My order of suspension in + August last was intended to place the case in such a position as would + make a resort to a judicial decision both necessary and proper. My + understanding and wishes, however, under that order of suspension were + frustrated, and the late order for Mr. Stanton's removal was a further + step toward the accomplishment of that purpose. +</p> +<p> + I repeat that my own convictions as to the true construction of the law + and as to its constitutionality were well settled and were sustained + by every member of my Cabinet, including Mr. Stanton himself. Upon the + question of constitutionality, each one in turn deliberately advised me + that the tenure-of-office act was unconstitutional. Upon the question + whether, as to those members who were appointed by my predecessor, + that act took from me the power to remove them, one of those members + emphatically stated in the presence of the others sitting in Cabinet + that they did not come within the provisions of the act, and it was + no protection to them. No one dissented from this construction, and + I understood them all to acquiesce in its correctness. In a matter of + such grave consequence I was not disposed to rest upon my own opinions, + though fortified by my constitutional advisers. I have therefore sought + to bring the question at as early a day as possible before the Supreme + Court of the United States for final and authoritative decision. +</p> +<p> + In respect to so much of the resolution as relates to the designation + of an officer to act as Secretary of War <i>ad interim</i>, I have only to + say that I have exercised this power under the provisions of the first + section of the act of February 13, 1795, which, so far as they are + applicable to vacancies caused by removals, I understand to be still + in force. +</p> +<p> + The legislation upon the subject of <i>ad interim</i> appointments in the + Executive Departments stands, as to the War Office, as follows: +</p> +<p> + The second section of the act of the 7th of August, 1789, makes + provision for a vacancy in the very case of a removal of the head of the + War Department, and upon such a vacancy gives the charge and custody + of the records, books, and papers to the chief clerk. Next, by the act + of the 8th of May, 1792, section 8, it is provided that in case of a + vacancy occasioned by death, absence from the seat of Government, or + sickness of the head of the War Department the President may authorize + a person to perform the duties of the office until a successor is + appointed or the disability removed. The act, it will be observed, does + not provide for the case of a vacancy caused by removal. Then, by the + first section of the act of February 13, 1795, it is provided that in + case of any vacancy the President may appoint a person to perform the + duties while the vacancy exists. +</p> +<p> + These acts are followed by that of the 20th of February, 1863, by the + first section of which provision is again made for a vacancy caused by + death, resignation, absence from the seat of Government, or sickness of + the head of any Executive Department of the Government, and upon the + occurrence of such a vacancy power is given to the President— +</p> +<p class="q"> + to authorize the head of any other Executive Department, or other + officer in either of said Departments whose appointment is vested in + the President, at his discretion, to perform the duties of the said + respective offices until a successor be appointed or until such absence + or inability by sickness shall cease: <i>Provided</i>, That no one vacancy + shall be supplied in manner aforesaid for a longer term than six months. +</p> +<p> + This law, with some modifications, reenacts the act of 1792, and + provides, as did that act, for the sort of vacancies so to be filled; + but, like the act of 1792, it makes no provision for a vacancy + occasioned by removal. It has reference altogether to vacancies arising + from other causes. +</p> +<p> + According to my construction of the act of 1863, while it impliedly + repeals the act of 1792 regulating the vacancies therein described, it + has no bearing whatever upon so much of the act of 1795 as applies to a + vacancy caused by removal. The act of 1795 therefore furnishes the rule + for a vacancy occasioned by removal—one of the vacancies expressly + referred to in the act of the 7th of August, 1789, creating the + Department of War. Certainly there is no express repeal by the act of + 1863 of the act of 1795. The repeal, if there is any, is by implication, + and can only be admitted so far as there is a clear inconsistency + between the two acts. The act of 1795 is inconsistent with that of 1863 + as to a vacancy occasioned by death, resignation, absence, or sickness, + but not at all inconsistent as to a vacancy caused by removal. +</p> +<p> + It is assuredly proper that the President should have the same power to + fill temporarily a vacancy occasioned by removal as he has to supply + a place made vacant by death or the expiration of a term. If, for + instance, the incumbent of an office should be found to be wholly unfit + to exercise its functions, and the public service should require his + immediate expulsion, a remedy should exist and be at once applied, and + time be allowed the President to select and appoint a successor, as is + permitted him in case of a vacancy caused by death or the termination of + an official term. +</p> +<p> + The necessity, therefore, for an <i>ad interim</i> appointment is just as + great, and, indeed, may be greater in cases of removal than in any + others. Before it be held, therefore, that the power given by the act + of 1795 in cases of removal is abrogated by succeeding legislation an + express repeal ought to appear. So wholesome a power should certainly + not be taken away by loose implication. +</p> +<p> + It may be, however, that in this, as in other cases of implied repeal, + doubts may arise. It is confessedly one of the most subtle and debatable + questions which arise in the construction of statutes. If upon such a + question I have fallen into an erroneous construction, I submit whether + it should be characterized as a violation of official duty and of law. +</p> +<p> + I have deemed it proper, in vindication of the course which I have + considered it my duty to take, to place before the Senate the reasons + upon which I have based my action. Although I have been advised by + every member of my Cabinet that the entire tenure-of-office act is + unconstitutional, and therefore void, and although I have expressly + concurred in that opinion in the veto message which I had the honor + to submit to Congress when I returned the bill for reconsideration, + I have refrained from making a removal of any officer contrary to the + provisions of the law, and have only exercised that power in the case of + Mr. Stanton, which, in my judgment, did not come within its provisions. + I have endeavored to proceed with the greatest circumspection, and have + acted only in an extreme and exceptional case, carefully following the + course which I have marked out for myself as a general rule, faithfully + to execute all laws, though passed over my objections on the score of + constitutionality. In the present instance I have appealed, or sought + to appeal, to that final arbiter fixed by the Constitution for the + determination of all such questions. To this course I have been impelled + by the solemn obligations which rest upon me to sustain inviolate the + powers of the high office committed to my hands. +</p> +<p> + Whatever may be the consequences merely personal to myself, I could not + allow them to prevail against a public duty so clear to my own mind, and + so imperative. If what was possible had been certain, if I had been + fully advised when I removed Mr. Stanton that in thus defending the + trust committed to my hands my own removal was sure to follow, I could + not have hesitated. Actuated by public considerations of the highest + character, I earnestly protest against the resolution of the Senate + which charges me in what I have done with a violation of the + Constitution and laws of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 25, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In further answer of the resolution of the Senate of the 13th of January + last, relative to the appointment of the Hon. Anson Burlingame to a + diplomatic or other mission by the Emperor of China, I transmit a report + from the Secretary of State and the communication which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 26, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the General Commanding the Army of the + United States, prepared in compliance with the resolution of the Senate + of the 4th instant, requesting copies of all instructions relating to + the Third Military District issued to General Pope and General Meade. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 4, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 17th February ultimo, + concerning the alleged interference of the United States consul at Rome + in the late difficulty in Italy, I transmit a report from the Secretary + of State, containing the information called for by the resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 5, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a report of this date from the Secretary of State, and the + accompanying papers, in regard to the revolution in the Dominican + Republic. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 5, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 21st of February last, + in relation to the abduction of one Allan Macdonald from Canada, I + transmit a communication from the Secretary of State, accompanied by the + papers relating to that subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 5, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the + 7th of January last, in relation to the claim of the late Benjamin W. + Perkins against the Russian Government, I transmit a communication from + the Secretary of State, which is accompanied by the papers called for + by the resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 6, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate the accompanying report<a href="#note-54"><small>54</small></a> of the Secretary of + State, in answer to their resolution of the 13th January, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a treaty between the United States and His Majesty the + King of Prussia, in the name of the North German Confederation, for the + purpose of regulating the citizenship of those persons who emigrate from + the Confederation to this country and from the United States to the + North German Confederation. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 11, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In further answer to the resolution of the House of Representatives of + the 25th of November, 1867, calling for information in relation to the + trial and conviction of American citizens in Great Britain and Ireland + for the last two years, I transmit a continuation of the report from the + Secretary of State upon the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 14, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 27th of January + last, in relation to the arrest and trial of the Rev. John McMahon, + Robert B. Lynch, and John Warren by the Government of Great Britain, and + requesting to be informed what action has been taken by this Government + in maintaining the rights of American citizens abroad, I transmit a + report of the Secretary of State, which is accompanied by a copy of + the papers called for by that resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 18, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty made on the 2d day of March, 1868, by and between Nathaniel G. + Taylor, Commissioner of Indian Affairs; Alexander C. Hunt, governor and + <i>ex officio</i> superintendent of Indian affairs of Colorado Territory, and + Kit Carson, on the part of the United States, and the representatives + of the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and + Uintah bands of Ute Indians. +</p> +<p> + A letter of the Secretary of the Interior of the 17th instant and the + papers therein referred to are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 24, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention, signed on the 23d instant, for the surrender + of criminals, between the United States and the Government of Italy. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 24, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report<a href="#note-55"><small>55</small></a> and accompanying documents, in answer + to a resolution of the House of Representatives of the 18th ultimo. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 25, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to a resolution + of the 9th instant, the accompanying report<a href="#note-56"><small>56</small></a> from the Secretary of + State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 25, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report and accompanying document,<a href="#note-57"><small>57</small></a> in answer + to a resolution of the House of Representatives of the 18th ultimo. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 25, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 18th + ultimo, relating to the report of Mr. Cowdin, I transmit a report of + the Secretary of State and the document<a href="#note-58"><small>58</small></a> to which it refers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 2, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in further answer to their + resolution of the 9th ultimo, the accompanying report<a href="#note-59"><small>59</small></a> from the + Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 2, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In further reply to the resolution adopted by the House of Representatives + on the 19th of December, 1867, calling for correspondence and information + in relation to Russian America, I transmit a report from the Secretary of + State and the papers which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 3, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State and the papers + accompanying it, in answer to a resolution of the House of + Representatives of the 10th of February last, requesting information + relative to the imprisonment and destruction of the property of Antonio + Pelletier by the people and authorities of Hayti. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 13, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 5th of February last, + calling for the correspondence upon the subject of the murder by the + inhabitants of the island of Formosa of the ship's company of the + American bark <i>Rover</i>, I transmit a report from the Secretary of State + and a report from the Secretary of the Navy, with accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 18, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 14th of April instant, + calling for information relative to any application by any party for + exclusive privileges in connection with hunting, trading, and the + fisheries in Alaska, I transmit herewith the report of the Secretary + of State on the subject, with its accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 22, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 28th ultimo, + requesting information as to the number and designations of military + departments formed since the 1st day of August, 1867, and as to the + statute or other authority under which they have been established, + I transmit a report from the Adjutant-General's Office showing the + organization since that date of the Department of Alaska and the + Military Division of the Atlantic. +</p> +<p> + The orders issued by me upon this subject are in accordance with + long-established usage and hitherto unquestioned authority. This will be + readily seen from the accompanying report, which shows that, employing + the authority vested by the Constitution in the President as Commander + in Chief of the Army, it has been customary for my predecessors to + create such military divisions and departments as from time to time + they deemed advisable. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 27, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I submit a report of the Secretary of State, concerning the + naturalization treaty recently negotiated between the United States + and North Germany. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 5, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress the accompanying documents, which I deem it + proper to state are all the papers<a href="#note-60"><small>60</small></a> that have been submitted to the + President relating to the proceedings to which they refer in the States + of South Carolina and Arkansas. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 6, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in further answer to their resolution of the + 14th of April last, the accompanying report<a href="#note-61"><small>61</small></a> from the Secretary of + State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 8, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith reports from the Secretary of the Treasury and the + Secretary of the Navy, prepared in compliance with a resolution of the + House of Representatives of the 12th of December last, requesting + information respecting the sale of public vessels since the close of the + rebellion. No report upon the subject has yet been received from the + Department of War. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 9, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their resolution + of the 14th ultimo, a report from the Secretary of State, with accompanying + papers.<a href="#note-62"><small>62</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 9, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith reports from the Secretary of the Treasury and the + Attorney-General, prepared in compliance with the resolution of the + Senate of the 17th December last, requesting information in reference to + the seizure and confiscation of property. No report upon this subject + has yet been received by me from the War Department. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 11, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress the accompanying documents,<a href="#note-63"><small>63</small></a> which embrace + all the papers that have been submitted to me relating to the proceedings + to which they refer in the States of North Carolina and Louisiana. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 15, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their + resolution of the 8th instant, a report<a href="#note-64"><small>64</small></a> from the Secretary of State, + with accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 18, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress the accompanying document,<a href="#note-65"><small>65</small></a> which is the + only paper which has been submitted to me relating to the proceedings + to which it refers in the State of Georgia. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 23, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report from the Secretary of State, with + accompaniments, in relation to recent events in the Empire of Japan. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>May 27, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress the accompanying documents,<a href="#note-66"><small>66</small></a> which are the + only papers which have been submitted to me relating to the proceedings + to which they refer in the State of Florida. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 29, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of the Navy, in reply + to the resolution of the House of Representatives adopted on the 26th + instant, making inquiries relative to a naval force at Hayti. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 2, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate, for the information of the Senate, in confidence, a + report of the Secretary of State, accompanied by a copy of a dispatch + recently received from the acting consul of the United States at San + Jose, Costa Rica. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 2, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate, for the consideration of the Senate, a report from + the Secretary of State, accompanied by a copy of a dispatch recently + received from the acting United States consul in charge of the legation + at San Jose, Costa Rica. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 5, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In further answer to the resolution of the House of Representatives of + the 25th of November, 1867, calling for information in relation to the + trial and conviction of American citizens in Great Britain and Ireland + for the last two years, I transmit the accompanying report from the + Secretary of State upon the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 8, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 28th ultimo, I + transmit herewith a communication from the Postmaster-General, with a + copy of the correspondence recently had with the authorities of Great + Britain in relation to a new postal treaty. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C. <i>June 10, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In reply to the resolution of the House of Representatives of the + 1st instant, I transmit herewith a report from the Secretary of the + Interior, in reference to a treaty now being negotiated between the + Great and Little Osage Indians and the special Indian commissioners + acting on the part of the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C. <i>June 13, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith submit to the Senate, for its constitutional action thereon, + a treaty concluded on the 27th ultimo between commissioners on the part + of the United States and the Great and Little Osage tribe of Indians of + Kansas, together with a communication from the Secretary of the Interior + suggesting an amendment to the fourteenth article, and a copy of the + report of the commissioners. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 15, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Interior, made in + reply to the resolution adopted by the House of Representatives on the + 13th instant. +</p> +<p> + The treaty recently concluded with the Great and Little Osage Indians, + to which the accompanying report refers, was submitted to the Senate + prior to the receipt of the resolution of the House upon the subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to its + ratification, a treaty between the United States and His Majesty the + King of Bavaria, signed at Munich on the 26th ultimo, concerning the + citizenship of persons emigrating from Bavaria to the United States and + from the United States to the Kingdom of Bavaria. I transmit also a copy + of the letter of the United States minister communicating the treaty, of + the protocol which accompanied it, and a translation of the Bavarian + military law referred to in the latter paper. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 20, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, for its constitutional action + thereon, a treaty concluded at Fort Sumner, N. Mex., on the 1st instant, + between Lieutenant-General W. T. Sherman and Colonel Samuel F. Tappan, + on the part of the United States, and the chiefs and headmen of the + Navajo Indians, on the part of the latter. I also transmit a communication + upon the subject from the Secretary of the Interior, with the accompanying + papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 22, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 28th + ultimo, a report from the Secretary of State, with accompanying + papers.<a href="#note-67"><small>67</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 23, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to a + resolution of the House of Representatives of the 15th instant, upon the + subject of Messrs. Warren and Costello, who have been convicted and + sentenced to penal imprisonment in Great Britain. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 23, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a copy of a dispatch addressed to the + Department of State by the consul of the United States at Bangkok, + Siam, dated December 31, 1867, with a view to its consideration and + the ratification thereof, of the modification proposed by the royal + counselors of the Kingdom of Siam in Article I of the general + regulations which form a part of the treaty between the United States + and that Kingdom concluded May 29, 1856, of which a printed copy is + also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 29, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a dispatch from the United States + consul at Elsinore, and of an instruction from the Secretary of State + to the United States minister at Copenhagen, relative to an alleged + practice of the Danish authorities to banish convicts to this country. + The expediency of making it a penal offense to bring such persons to + the United States is submitted to your consideration. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 2, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of State of the 2d + instant, together with accompanying papers.<a href="#note-68"><small>68</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 7, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded at Fort Laramie, Dakota Territory, on the 7th of May, + 1868, between the United States and the chiefs and headmen of the Crow + Indians of Montana, and a treaty concluded at Fort Lyaramie, Dakota + Territory, on the 10th of May, 1868, between the United States and the + chiefs and headmen of the Northern Cheyenne and Northern Arapahoe tribes + of Indians. +</p> +<p> + A letter from the Secretary of the Interior suggesting amendments to + said treaties, and the papers to which he refers in his communication, + are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 7, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty made and concluded at Ottawa, Kans., on the 1st day of June, + 1868, between the United States and the Swan Creek and Black River + Chippewas and the Munsee or Christian Indians of the State of Kansas. +</p> +<p> + Accompanying the treaty is a letter from the Secretary of the Interior, + dated the 30th ultimo, together with the papers therein designated. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 9, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for consideration with a view to ratification, + additional articles to the treaty between the United States and His + Majesty the Emperor of China of the 18th June, 1858, signed in this city + on the 4th instant by the plenipotentiaries of the parties. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for consideration with a view to ratification, + a convention between the United States and the Mexican Republic, signed + in this city by the plenipotentiaries of the parties on the 4th instant, + providing for an adjustment of claims of citizens of the United States + on the Mexican Government and of Mexican citizens on the Government of + the United States. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 10, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Referring to my message to the Senate of the 23d of May last, I herewith + transmit a further report from the Secretary of State, with an + accompanying document, relative to late occurrences in Japan. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 14, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report from the Secretary of State, inclosing + a list of the States of the Union whose legislatures have ratified the + proposed fourteenth article of amendment to the Constitution of the + United States, and also a copy of the resolutions of ratification, as + called for in the Senate's resolution of the 9th instant, together with + a copy of the respective resolutions of the legislatures of Ohio and New + Jersey purporting to rescind the resolutions of ratification of said + amendment which had previously been adopted by the legislatures of these + two States, respectively, or to withdraw their consent to the same. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 15, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I hereby transmit to Congress a report, with the accompanying + papers, received from the Secretary of State, in compliance with the + requirements of the eighteenth section of the act entitled "An act to + regulate the diplomatic and consular systems of the United States," + approved August 18, 1856. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 15, 1868</i>. +</p> +<p> + <i>To the Congress of the United States</i>: +</p> +<p> + I submit herewith a correspondence between the Secretary of State and + Mr. Robert B. Van Valkenburgh, minister resident of the United States + in Japan. It seems to show the importance of an amendment of the law + of the United States prohibiting the cooly trade. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 17, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in compliance with its resolution of the 9th + instant, a report from the Secretary of State, communicating a copy of a + paper received by him to-day, purporting to be a resolution ratifying on + the part of the State of Louisiana the proposed amendment to the + Constitution of the United States known as Article XIV. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 18, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in compliance with its resolution of the 9th + instant, a report from the Secretary of State, communicating a copy of a + paper received by me on the 18th instant, purporting to be a resolution + of the senate and house of representatives of the State of South + Carolina, ratifying the proposed amendment to the Constitution of the + United States known as Article XIV. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 18, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + Experience has fully demonstrated the wisdom of the framers of the + Federal Constitution. Under all circumstances the result of their + labors was as near an approximation to perfection as was compatible + with the fallibility of man. Such being the estimation in which the + Constitution is and has ever been held by our countrymen, it is not + surprising that any proposition for its alteration or amendment should + be received with reluctance and distrust. While this sentiment deserves + commendation and encouragement as a useful preventive of unnecessary + attempt to change its provisions, it must be conceded that time has + developed imperfections and omissions in the Constitution, the + reformation of which has been demanded by the best interests of the + country. Some of these have been remedied in the manner provided in + the Constitution itself. There are others which, although heretofore + brought to the attention of the people, have never been so presented + as to enable the popular judgment to determine whether they should + be corrected by means of additional amendments. My object in this + communication is to suggest certain defects in the Constitution which + seem to me to require correction, and to recommend that the judgment + of the people be taken on the amendments proposed. +</p> +<p> + The first of the defects to which I desire to direct attention is in + that clause of the Constitution which provides for the election of + President and Vice-President through the intervention of electors, and + not by an immediate vote of the people. The importance of so amending + this clause as to secure to the people the election of President and + Vice-President by their direct votes was urged with great earnestness + and ability by President Jackson in his first annual message, and the + recommendation was repeated in five of his subsequent communications to + Congress, extending through the eight years of his Administration. In + his message of 1829 he said: +</p> +<p class="q"> + To the people belongs the right of electing their Chief Magistrate; it + was never designed that their choice should in any case be defeated, + either by the intervention of electoral colleges or by the agency + confided, under certain contingencies, to the House of Representatives. +</p> +<p> + He then proceeded to state the objections to an election of President + by the House of Representatives, the most important of which was that + the choice of a clear majority of the people might be easily defeated. + He then closed the argument with the following communication: +</p> +<p class="q"> + I would therefore recommend such an amendment of the Constitution as + may remove all intermediate agency in the election of the President and + Vice-President. The mode may be so regulated as to preserve to each + State its present relative weight in the election, and a failure in the + first attempt may be provided for by confining the second to a choice + between the two highest candidates. In connection with such an amendment + it would seem advisable to limit the service of the Chief Magistrate to + a single term of either four or six years. If, however, it should not be + adopted, it is worthy of consideration whether a provision disqualifying + for office the Representatives in Congress on whom such an election may + have devolved would not be proper. +</p> +<p> + Although this recommendation was repeated with undiminished + earnestness in several of his succeeding messages, yet the proposed + amendment was never adopted and submitted to the people by Congress. The + danger of a defeat of the people's choice in an election by the House of + Representatives remains unprovided for in the Constitution, and would + be greatly increased if the House of Representatives should assume the + power arbitrarily to reject the votes of a State which might not be + cast in conformity with the wishes of the majority in that body. +</p> +<p> + But if President Jackson failed to secure the amendment to the + Constitution which he urged so persistently, his arguments contributed + largely to the formation of party organizations, which have effectually + avoided the contingency of an election by the House of Representatives. + These organizations, first by a resort to the caucus system of + nominating candidates, and afterwards to State and national conventions, + have been successful in so limiting the number of candidates as to + escape the danger of an election by the House of Representatives. +</p> +<p> + It is clear, however, that in thus limiting the number of candidates + the true object and spirit of the Constitution have been evaded and + defeated. It is an essential feature in our republican system of + government that every citizen possessing the constitutional + qualifications has a right to become a candidate for the office of + President and Vice-President, and that every qualified elector has a + right to cast his vote for any citizen whom he may regard as worthy of + these offices. But under the party organizations which have prevailed + for years these asserted rights of the people have been as effectually + cut off and destroyed as if the Constitution itself had inhibited their + exercise. +</p> +<p> + The danger of a defeat of the popular choice in an election by the House + of Representatives is no greater than in an election made nominally by + the people themselves, when by the laws of party organizations and by + the constitutional provisions requiring the people to vote for electors + instead of for the President or Vice-President it is made impracticable + for any citizen to be a candidate except through the process of a party + nomination, and for any voter to cast his suffrage for any other person + than one thus brought forward through the manipulations of a nominating + convention. It is thus apparent that by means of party organizations + that provision of the Constitution which requires the election of + President and Vice-President to be made through the electoral colleges + has been made instrumental and potential in defeating the great object + of conferring the choice of these officers upon the people. It may be + conceded that party organizations are inseparable from republican + government, and that when formed and managed in subordination to the + Constitution they may be valuable safeguards of popular liberty; but + when they are perverted to purposes of bad ambition they are liable + to become the dangerous instruments of overthrowing the Constitution + itself. Strongly impressed with the truth of these views, I feel + called upon by an imperative sense of duty to revive substantially the + recommendation so often and so earnestly made by President Jackson, + and to urge that the amendment to the Constitution herewith presented, + or some similar proposition, may be submitted to the people for their + ratification or rejection. +</p> +<p> + Recent events have shown the necessity of an amendment to the + Constitution distinctly defining the persons who shall discharge the + duties of President of the United States in the event of a vacancy in + that office by the death, resignation, or removal of both the President + and Vice-President. It is clear that this should be fixed by the + Constitution, and not be left to repealable enactments of doubtful + constitutionality. It occurs to me that in the event of a vacancy in the + office of President by the death, resignation, disability, or removal of + both the President and Vice-President the duties of the office should + devolve upon an officer of the executive department of the Government, + rather than one connected with the legislative or judicial departments. + The objections to designating either the President <i>pro tempore</i> of + the Senate or the Chief Justice of the Supreme Court, especially + in the event of a vacancy produced by removal, are so obvious and so + unanswerable that they need not be stated in detail. It is enough + to state that they are both interested in producing a vacancy, and, + according to the provisions of the Constitution, are members of the + tribunal by whose decree a vacancy may be produced. +</p> +<p> + Under such circumstances the impropriety of designating either + of these officers to succeed the President so removed is palpable. + The framers of the Constitution, when they referred to Congress the + settlement of the succession to the office of President in the event of + a vacancy in the offices of both President and Vice-President, did not, + in my opinion, contemplate the designation of any other than an officer + of the executive department, on whom, in such a contingency, the powers + and duties of the President should devolve. Until recently the + contingency has been remote, and serious attention has not been called + to the manifest incongruity between the provisions of the Constitution + on this subject and the act of Congress of 1792. Having, however, been + brought almost face to face with this important question, it seems an + eminently proper time for us to make the legislation conform to the + language, intent, and theory of the Constitution, and thus place the + executive department beyond the reach of usurpation, and remove from the + legislative and judicial departments every temptation to combine for the + absorption of all the powers of government. +</p> +<p> + It has occurred to me that in the event of such a vacancy the duties of + President would devolve most appropriately upon some one of the heads of + the several Executive Departments, and under this conviction I present + for your consideration an amendment to the Constitution on this subject, + with the recommendation that it be submitted to the people for their + action. +</p> +<p> + Experience seems to have established the necessity of an amendment + of that clause of the Constitution which provides for the election of + Senators to Congress by the legislatures of the several States. It would + be more consistent with the genius of our form of government if the + Senators were chosen directly by the people of the several States. + The objections to the election of Senators by the legislatures are + so palpable that I deem it unnecessary to do more than submit the + proposition for such an amendment, with the recommendation that it + be opened to the people for their judgment. +</p> +<p> + It is strongly impressed on my mind that the tenure of office by + the judiciary of the United States during good behavior for life is + incompatible with the spirit of republican government, and in this + opinion I am fully sustained by the evidence of popular judgment upon + this subject in the different States of the Union. +</p> +<p> + I therefore deem it my duty to recommend an amendment to the + Constitution by which the terms of the judicial officers would be + limited to a period of years, and I herewith present it in the hope that + Congress will submit it to the people for their decision. +</p> +<p> + The foregoing views have long been entertained by me. In 1845, in the + House of Representatives, and afterwards, in 1860, in the Senate of the + United States, I submitted substantially the same propositions as those + to which the attention of Congress is herein invited. Time, observation, + and experience have confirmed these convictions; and, as a matter of + public duty and a deep sense of my constitutional obligation "to + recommend to the consideration of Congress such measures as I deem + necessary and expedient," I submit the accompanying propositions, and + urge their adoption and submission to the judgment of the people. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p class="q"> + JOINT RESOLUTION proposing amendments to the Constitution of the + United States. +</p><p class="q"> + Whereas the fifth article of the Constitution of the United States + provides for amendments thereto in the manner following, viz: +</p><p class="q"> + "The Congress, whenever two-thirds of both Houses shall deem it + necessary, shall propose amendments to this Constitution, or, on the + application of the legislatures of two-thirds of the several States, + shall call a convention for proposing amendments, which in either case + shall be valid to all intents and purposes as part of this Constitution + when ratified by the legislatures of three-fourths of the several States + or by conventions in three-fourths thereof, as the one or the other mode + of ratification may be proposed by the Congress: <i>Provided</i>, That no + amendment which may be made prior to the year 1808 shall in any manner + affect the first and fourth clauses in the ninth section of the first + article, and that no State, without its consent, shall be deprived of + its equal suffrage in the Senate:" +</p><p class="q"> + Therefore, +</p><p class="q"> + <i>Be it resolved by the Senate and House of Representatives of the United + States of America in Congress assembled (two-thirds of both Houses + concurring</i>), That the following amendments to the Constitution of the + United States be proposed to the legislatures of the several States, + which, when ratified by the legislatures of three-fourths of the States, + shall be valid to all intents and purposes as part of the Constitution: +</p><p class="q"> + "That hereafter the President and Vice-President of the United States + shall be chosen for the term of six years, by the people of the + respective States, in the manner following: Each State shall be divided + by the legislature thereof in districts, equal in number to the whole + number of Senators and Representatives to which such State may be + entitled in the Congress of the United States; the said districts to + be composed of contiguous territory, and to contain, as nearly as may + be, an equal number of persons entitled to be represented under the + Constitution, and to be laid off for the first time immediately after + the ratification of this amendment; that on the first Thursday in August + in the year 18—, 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: <i>Provided</i>, + That after the ratification of this amendment to the Constitution the + President and Vice-President shall hold their offices, respectively, for + the term of six years, and that no President or Vice-President shall be + eligible for reelection to a second term." +</p><p class="q"> + Sec. 2. <i>And be it further resolved</i>, That Article II, section I, + paragraph 6, of the Constitution of the United States shall be amended + so as to read as follows: +</p><p class="q"> + "In case of the removal of the President from office, or of his death, + resignation, or inability to discharge the powers and duties of said + office, the same shall devolve on the Vice-President; and in the case of + the removal, death, resignation, or inability both of the President and + Vice-President, the powers and duties of said office shall devolve on + the Secretary of State for the time being, and after this officer, in + case of vacancy in that or other Department, and in the order in which + they are named, on the Secretary of the Treasury, on the Secretary of + War, on the Secretary of the Navy, on the Secretary of the Interior, on + the Postmaster-General, and on the Attorney-General; and such officer, + on whom the powers and duties of President shall devolve in accordance + with the foregoing provisions, shall then act as President until the + disability shall be removed or a President shall be elected, as is or + may be provided for by law." +</p><p class="q"> + Sec. 3. <i>And be it further resolved</i>, That Article I, section 3, be + amended by striking out the word "legislature," and inserting in lieu + thereof the following words, viz: "Persons qualified to vote for members + of the most numerous branch of the legislature," so as to make the third + section of said article, when ratified by three-fourths of the States, + read as follows, to wit: +</p><p class="q"> + "The Senate of the United States shall be composed of two Senators from + each State, chosen by the persons qualified to vote for the members of + the most numerous branch of the legislature thereof, for six years, and + each Senator shall have one vote." +</p><p class="q"> + Sec. 4. <i>And be it further resolved</i>, That Article III, section I, be + amended by striking out the words "good behavior," and inserting the + following words, viz: "the term of twelve years." And further, that said + article and section be amended by adding the following thereto, viz: + "And it shall be the duty of the President of the United States, within + twelve months after the ratification of this amendment by three-fourths + of all the States, as provided by the Constitution of the United States, + to divide the whole number of judges, as near as may be practicable, + into three classes. The seats of the judges of the first class shall be + vacated at the expiration of the fourth year from such classification, + of the second class at the expiration of the eighth year, and of the + third class at the expiration of the twelfth year, so that one-third may + be chosen every fourth year thereafter." +</p><p class="q"> + The article as amended will read as follows: +</p><p class="q"> + Article III. +</p><p class="q"> + Sec. I. The judicial power of the United States shall be vested in one + Supreme Court and such inferior courts as the Congress from time to time + may ordain and establish. The judges, both of the Supreme and inferior + courts, shall hold their offices during the term of twelve years, and + shall at stated times receive for their services a compensation which + shall not be diminished during their continuance in office; and it shall + be the duty of the President of the United States, within twelve months + after the ratification of this amendment by three-fourths of all the + States, as provided by the Constitution of the United States, to divide + the whole number of judges, as near as may be practicable, into three + classes. The seats of the judges of the first class shall be vacated at + the expiration of the fourth year from such classification; of the + second class, at the expiration of the eighth year; and of the third + class, at the expiration of the twelfth year, so that one-third may be + chosen every fourth year thereafter. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 18, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution adopted by the House of Representatives + on the 13th instant, requesting "copies of all instructions, records, + and correspondence connected with the commission authorized to negotiate + the late treaty with the Great and Little Osage Indians, and copies of + all propositions made to said commission from railroad corporations or + by individuals," I transmit the accompanying communications from the + Secretary of the Interior, together with the papers to which they have + reference. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 20, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in compliance with its resolution of the 9th + instant, a report from the Secretary of State, communicating a copy of + a paper received by me this day, purporting to be a resolution of the + senate and house of representatives of the State of Alabama ratifying + the proposed amendment to the Constitution of the United States known + as Article XIV. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 24, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of the Navy, inclosing a + report of a board of naval officers appointed in pursuance of an act of + Congress approved May 19, 1868, to select suitable locations for powder + magazines. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 27, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their + resolution of the 24th instant, the accompanying report<a href="#note-69"><small>69</small></a> from the + Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, D.C., <i>March 25, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have considered, with such care as the pressure of other duties has + permitted, a bill entitled "An act to amend an act entitled 'An act to + amend the judiciary act, passed the 24th of September, 1789.'" Not being + able to approve all of its provisions, I herewith return it to the + Senate, in which House it originated, with a brief statement of my + objections. +</p> +<p> + The first section of the bill meets my approbation, as, for the purpose + of protecting the rights of property from the erroneous decision of + inferior judicial tribunals, it provides means for obtaining uniformity, + by appeal to the Supreme Court of the United States, in cases which have + now become very numerous and of much public interest, and in which such + remedy is not now allowed. The second section, however, takes away the + right of appeal to that court in cases which involve the life and + liberty of the citizen, and leaves them exposed to the judgment of + numerous inferior tribunals. It is apparent that the two sections were + conceived in a very different spirit, and I regret that my objections + to one impose upon me the necessity of withholding my sanction from the + other. +</p> +<p> + I can not give my assent to a measure which proposes to deprive + any person "restrained of his or her liberty in violation of the + Constitution or of any treaty or law of the United States" from + the right of appeal to the highest judicial authority known to our + Government. To "secure the blessings of liberty to ourselves and our + posterity" is one of the declared objects of the Federal Constitution. + To assure these, guaranties are provided in the same instrument, as well + against "unreasonable searches and seizures" as against the suspensions + of "the privilege of the writ of <i>habeas corpus</i>, * * * unless when, in + cases of rebellion or invasion, the public safety may require it." It + was doubtless to afford the people the means of protecting and enforcing + these inestimable privileges that the jurisdiction which this bill + proposes to take away was conferred upon the Supreme Court of the + nation. The act conferring that jurisdiction was approved on the 5th day + of February, 1867, with a full knowledge of the motives that prompted its + passage, and because it was believed to be necessary and right. Nothing + has since occurred to disprove the wisdom and justness of the measures, + and to modify it as now proposed would be to lessen the protection of + the citizen from the exercise of arbitrary power and to weaken the + safeguards of life and liberty, which can never be made too secure + against illegal encroachments. +</p> +<p> + The bill not only prohibits the adjudication by the Supreme Court + of cases in which appeals may hereafter be taken, but interdicts its + jurisdiction on appeals which have already been made to that high + judicial body. If, therefore, it should become a law, it will by its + retroactive operation wrest from the citizen a remedy which he enjoyed + at the time of his appeal. It will thus operate most harshly upon those + who believe that justice has been denied them in the inferior courts. +</p> +<p> + The legislation proposed in the second section, it seems to me, is not + in harmony with the spirit and intention of the Constitution. It can + not fail to affect most injuriously the just equipoise of our system + of Government, for it establishes a precedent which, if followed, may + eventually sweep away every check on arbitrary and unconstitutional + legislation. Thus far during the existence of the Government the Supreme + Court of the United States has been viewed by the people as the true + expounder of their Constitution, and in the most violent party conflicts + its judgments and decrees have always been sought and deferred to with + confidence and respect. In public estimation it combines judicial wisdom + and impartiality in a greater degree than any other authority known to + the Constitution, and any act which may be construed into or mistaken + for an attempt to prevent or evade its decision on a question which + affects the liberty of the citizens and agitates the country can + not fail to be attended with unpropitious consequences. It will be + justly held by a large portion of the people as an admission of the + unconstitutionally of the act on which its judgment may be forbidden or + forestalled, and may interfere with that willing acquiescence in its + provisions which is necessary for the harmonious and efficient execution + of any law. +</p> +<p> + For these reasons, thus briefly and imperfectly stated, and for others, + of which want of time forbids the enumeration, I deem it my duty to + withhold my assent from this bill, and to return it for the + reconsideration of Congress. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 20, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I return without my signature a bill entitled "An act to admit the State + of Arkansas to representation in Congress." +</p> +<p> + The approval of this bill would be an admission on the part of the + Executive that the "Act for the more efficient government of the rebel + States," passed March 2, 1867, and the acts supplementary thereto were + proper and constitutional. My opinion, however, in reference to those + measures has undergone no change, but, on the contrary, has been + strengthened by the results which have attended their execution. Even + were this not the case, I could not consent to a bill which is based + upon the assumption either that by an act of rebellion of a portion + of its people the State of Arkansas seceded from the Union, or that + Congress may at its pleasure expel or exclude a State from the Union, + or interrupt its relations with the Government by arbitrarily depriving + it of representation in the Senate and House of Representatives. If + Arkansas is a State not in the Union, this bill does not admit it as + a State into the Union. If, on the other hand, Arkansas is a State + in the Union, no legislation is necessary to declare it entitled + "to representation in Congress as one of the States of the Union." The + Constitution already declares that "each State shall have at least one + Representative;" that the Senate "shall be composed of two Senators from + each State," and "that no State, without its consent, shall be deprived + of its equal suffrage in the Senate." +</p> +<p> + That instrument also makes each House "the judge of the elections, + returns, and qualifications of its own members," and therefore all that + is now necessary to restore Arkansas in all its constitutional relations + to the Government is a decision by each House upon the eligibility of + those who, presenting their credentials, claim seats in the respective + Houses of Congress. This is the plain and simple plan of the + Constitution; and believing that had it been pursued when Congress + assembled in the month of December, 1865, the restoration of the States + would long since have been completed, I once again earnestly recommend + that it be adopted by each House in preference to legislation, which I + respectfully submit is not only of at least doubtful constitutionality, + and therefore unwise and dangerous as a precedent, but is unnecessary, + not so effective in its operation as the mode prescribed by the + Constitution, involves additional delay, and from its terms may be taken + rather as applicable to a Territory about to be admitted as one of the + United States than to a State which has occupied a place in the Union + for upward of a quarter of a century. +</p> +<p> + The bill declares the State of Arkansas entitled and admitted to + representation in Congress as one of the States of the Union upon the + following fundamental condition: +</p> +<p class="q"> + That the constitution of Arkansas shall never be so amended or changed + as to deprive any citizen or class of citizens of the United States of + the right to vote who are entitled to vote by the constitution herein + recognized, except as a punishment for such crimes as are now felonies + at common law, whereof they shall have been duly convicted under laws + equally applicable to all the inhabitants of said State: <i>Provided</i>, + That any alteration of said constitution, prospective in its effect, + may be made in regard to the time and place of residence of voters. +</p> +<p> + I have been unable to find in the Constitution of the United States any + warrant for the exercise of the authority thus claimed by Congress. + In assuming the power to impose a "fundamental condition" upon a State + which has been duly "admitted into the Union upon an equal footing with + the original States in all respects whatever," Congress asserts a right + to enter a State as it may a Territory, and to regulate the highest + prerogative of a free people—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. +</p> +<p> + The bill fails to provide in what manner the State of Arkansas is to + signify its acceptance of the "fundamental condition" which Congress + endeavors to make unalterable and irrevocable. Nor does it prescribe the + penalty to be imposed should the people of the State amend or change the + particular portions of the constitution which it is one of the purposes + of the bill to perpetuate, but as to the consequences of such action + leaves them in uncertainty and doubt. When the circumstances under which + this constitution has been brought to the attention of Congress are + considered, it is not unreasonable to suppose that efforts will be made + to modify its provisions, and especially those in respect to which this + measure prohibits any alteration. It is seriously questioned whether the + constitution has been ratified by a majority of the persons who, under + the act of March 2, 1867, and the acts supplementary thereto, were + entitled to registration and to vote upon that issue. Section 10 of + the schedule provides that— +</p> +<p class="q"> + No person disqualified from voting or registering under this + constitution shall vote for candidates for any office, nor shall be + permitted to vote for the ratification or rejection of the constitution + at the polls herein authorized. +</p> +<p> + Assumed to be in force before its adoption, in disregard of the law of + Congress, the constitution undertakes to impose upon the elector other + and further conditions. The fifth section of the eighth article provides + that "all persons, before registering or voting," must take and + subscribe an oath which, among others, contains the following clause: +</p> +<p class="q"> + That I accept the civil and political equality of all men, and agree + not to attempt to deprive any person or persons, on account of race, + color, or previous condition, of any political or civil right, + privilege, or immunity enjoyed by any other class of men. +</p> +<p> + It is well known that a very large portion of the electors in all the + States, if not a large majority of all of them, do not believe in or + accept the political equality of Indians, Mongolians, or negroes with + the race to which they belong. If the voters in many of the States of + the North and West were required to take such an oath as a test of their + qualification, there is reason to believe that a majority of them would + remain from the polls rather than comply with its degrading conditions. + How far and to what extent this test oath prevented the registration of + those who were qualified under the laws of Congress it is not possible + to know, but that such was its effect, at least sufficient to overcome + the small and doubtful majority in favor of this constitution, there + can be no reasonable doubt. Should the people of Arkansas, therefore, + desiring to regulate the elective franchise so as to make it conform to + the constitutions of a large proportion of the States of the North and + West, modify the provisions referred to in the "fundamental condition," + what is to be the consequence? Is it intended that a denial of + representation shall follow? And if so, may we not dread, at some future + day, a recurrence of the troubles which have so long agitated the + country? Would it not be the part of wisdom to take for our guide the + Federal Constitution, rather than resort to measures which, looking only + to the present, may in a few years renew, in an aggravated form, the + strife and bitterness caused by legislation which has proved to be + so ill timed and unfortunate? +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 25, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In returning to the House of Representatives, in which it originated, + a bill entitled "An act to admit the States of North Carolina, South + Carolina, Louisiana, Georgia, Alabama, and Florida to representation + in Congress," I do not deem it necessary to state at length the reasons + which constrain me to withhold my approval. I will not, therefore, + undertake at this time to reopen the discussion upon the grave + constitutional questions involved in the act of March 2, 1867, and + the acts supplementary thereto, in pursuance of which it is claimed, + in the preamble to this bill, these States have framed and adopted + constitutions of State government. Nor will I repeat the objections + contained in my message of the 20th instant, returning without my + signature the bill to admit to representation the State of Arkansas, + and which are equally applicable to the pending measure. +</p> +<p> + Like the act recently passed in reference to Arkansas, this bill + supersedes the plain and simple mode prescribed by the Constitution + for the admission to seats in the respective Houses of Senators and + Representatives from the several States. It assumes authority over six + States of the Union which has never been delegated to Congress, or is + even warranted by previous unconstitutional legislation upon the subject + of restoration. It imposes conditions which are in derogation of the + equal rights of the States, and is founded upon a theory which is + subversive of the fundamental principles of the Government. In the case + of Alabama it violates the plighted faith of Congress by forcing upon + that State a constitution which was rejected by the people, according to + the express terms of an act of Congress requiring that a majority of the + registered electors should vote upon the question of its ratification. +</p> +<p> + For these objections, and many others that might be presented, I can not + approve this bill, and therefore return it for the action of Congress + required in such cases by the Federal Constitution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>July 20, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have given to the joint resolution entitled "A resolution excluding + from the electoral college the votes of States lately in rebellion which + shall not have been reorganized" as careful examination as I have been + able to bestow upon the subject during the few days that have intervened + since the measure was submitted for my approval. +</p> +<p> + Feeling constrained to withhold my consent, I herewith return the + resolution to the Senate, in which House it originated, with a brief + statement of the reasons which have induced my action. This joint + resolution is based upon the assumption that some of the States whose + inhabitants were lately in rebellion are not now entitled to + representation in Congress and participation in the election of + President and Vice-President of the United States. +</p> +<p> + Having heretofore had occasion to give in detail my reasons for + dissenting from this view, it is not necessary at this time to repeat + them. It is sufficient to state that I continue strong in my conviction + that the acts of secession, by which a number of the States sought to + dissolve their connection with the other States and to subvert the + Union, being unauthorized by the Constitution and in direct violation + thereof, were from the beginning absolutely null and void. It follows + necessarily that when the rebellion terminated the several States which + had attempted to secede continued to be States in the Union, and all + that was required to enable them to resume their relations to the Union + was that they should adopt the measures necessary to their practical + restoration as States. Such measures were adopted, and the legitimate + result was that those States, having conformed to all the requirements + of the Constitution, resumed their former relations, and became entitled + to the exercise of all the rights guaranteed to them by its provisions. +</p> +<p> + The joint resolution under consideration, however, seems to assume that + by the insurrectionary acts of their respective inhabitants those States + forfeited their rights as such, and can never again exercise them except + upon readmission into the Union on the terms prescribed by Congress. + If this position be correct, it follows that they were taken out of the + Union by virtue of their acts of secession, and hence that the war waged + upon them was illegal and unconstitutional. We would thus be placed in + this inconsistent attitude, that while the war was commenced and carried + on upon the distinct ground that the Southern States, being component + parts of the Union, were in rebellion against the lawful authority of + the United States, upon its termination we resort to a policy of + reconstruction which assumes that it was not in fact a rebellion, but + that the war was waged for the conquest of territories assumed to be + outside of the constitutional Union. +</p> +<p> + The mode and manner of receiving and counting the electoral votes + for President and Vice-President of the United States are in plain + and simple terms prescribed by the Constitution. That instrument + imperatively requires that "the President of the Senate shall, in the + presence of the Senate and House of Representatives, open all the + certificates, and the votes shall then be counted." Congress has, + therefore, no power, under the Constitution, to receive the electoral + votes or reject them. The whole power is exhausted when, in the presence + of the two Houses, the votes are counted and the result declared. + In this respect the power and duty of the President of the Senate are, + under the Constitution, purely ministerial. When, therefore, the joint + resolution declares that no electoral votes shall be received or counted + from States that since the 4th of March, 1867, have not "adopted a + constitution of State government under which a State government shall + have organized," a power is assumed which is nowhere delegated to + Congress, unless upon the assumption that the State governments + organized prior to the 4th of March, 1867, were illegal and void. +</p> +<p> + The joint resolution, by implication at least, concedes that these + States were States by virtue of their organization prior to the 4th of + March, 1867, but denies to them the right to vote in the election of + President and Vice-President of the United States. It follows either + that this assumption of power is wholly unauthorized by the Constitution + or that the States so excluded from voting were out of the Union by + reason of the rebellion, and have never been legitimately restored. + Being fully satisfied that they were never out of the Union, and that + their relations thereto have been legally and constitutionally restored, + I am forced to the conclusion that the joint resolution, which deprives + them of the right to have their votes for President and Vice-President + received and counted, is in conflict with the Constitution, and that + Congress has no more power to reject their votes than those of the + States which have been uniformly loyal to the Federal Union. +</p> +<p> + It is worthy of remark that if the States whose inhabitants were + recently in rebellion were legally and constitutionally organized and + restored to their rights prior to the 4th of March, 1867, as I am + satisfied they were, the only legitimate authority under which the + election for President and Vice-President can be held therein must be + derived from the governments instituted before that period. It clearly + follows that all the State governments organized in those States under + act of Congress for that purpose, and under military control, are + illegitimate and of no validity whatever; and in that view the votes + cast in those States for President and Vice-President, in pursuance + of acts passed since the 4th of March, 1867, and in obedience to the + so-called reconstruction acts of Congress, can not be legally received + and counted, while the only votes in those States that can be legally + cast and counted will be those cast in pursuance of the laws in force in + the several States prior to the legislation by Congress upon the subject + of reconstruction. +</p> +<p> + I can not refrain from directing your special attention to the + declaration contained in the joint resolution, that "none of the + States whose inhabitants were lately in rebellion shall be entitled to + representation in the electoral college," etc. If it is meant by this + declaration that no State is to be allowed to vote for President and + Vice-President <i>all</i> of whose inhabitants were engaged in the late + rebellion, it is apparent that no one of the States will be excluded + from voting, since it is well known that in every Southern State there + were many inhabitants who not only did not participate in the rebellion, + but who actually took part in the suppression, or refrained from giving + it any aid or countenance. I therefore conclude that the true meaning of + the joint resolution is that no State a <i>portion</i> of whose inhabitants + were engaged in the rebellion shall be permitted to participate in the + Presidential election, except upon the terms and conditions therein + prescribed. +</p> +<p> + Assuming this to be the true construction of the resolution, the + inquiry becomes pertinent, May those Northern States a portion of + whose inhabitants were actually in the rebellion be prevented, at the + discretion of Congress, from having their electoral votes counted? It is + well known that a portion of the inhabitants of New York and a portion + of the inhabitants of Virginia were alike engaged in the rebellion; yet + it is equally well known that Virginia, as well as New York, was at all + times during the war recognized by the Federal Government as a State + in the Union—so clearly that upon the termination of hostilities it + was not even deemed necessary for her restoration that a provisional + governor should be appointed; yet, according to this joint resolution, + the people of Virginia, unless they comply with the terms it prescribes, + are denied the right of voting for President, while the people of + New York, a portion of the inhabitants of which State were also in + rebellion, are permitted to have their electoral votes counted without + undergoing the process of reconstruction prescribed for Virginia. New + York is no more a State than Virginia; the one is as much entitled to + representation in the electoral college as the other. If Congress has + the power to deprive Virginia of this right, it can exercise the same + authority with respect to New York or any other of the States. Thus the + result of the Presidential election may be controlled and determined + by Congress, and the people be deprived of their right under the + Constitution to choose a President and Vice-President of the United + States. +</p> +<p> + If Congress were to provide by law that the votes of none of the States + should be received and counted if cast for a candidate who differed in + political sentiment with a majority of the two Houses, such legislation + would at once be condemned by the country as an unconstitutional and + revolutionary usurpation of power. It would, however, be exceedingly + difficult to find in the Constitution any more authority for the passage + of the joint resolution under consideration than for an enactment + looking directly to the rejection of all votes not in accordance with + the political preferences of a majority of Congress. No power exists + in the Constitution authorizing the joint resolution or the supposed + law—the only difference being that one would be more palpably + unconstitutional and revolutionary than the other. Both would rest upon + the radical error that Congress has the power to prescribe terms and + conditions to the right of the people of the States to cast their votes + for President and Vice-President. +</p> +<p> + For the reasons thus indicated I am constrained to return the joint + resolution to the Senate for such further action thereon as Congress + may deem necessary. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 25, 1868</i> +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Believing that a bill entitled "An act relating to the Freedmen's + Bureau, and providing for its discontinuance," interferes with the + appointing power conferred by the Constitution upon the Executive, and + for other reasons, which at this late period of the session time will + not permit me to state, I herewith return it to the Senate, in which + House it originated, without my approval. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATIONS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas in the month of July, A.D. 1861, in accepting the condition + of civil war which was brought about by insurrection and rebellion in + several of the States which constitute the United States, the two Houses + of Congress did solemnly declare that that war was not waged on the + part of the Government in any spirit of oppression, nor for any purpose + of conquest or subjugation, nor for any purpose of overthrowing or + interfering with the rights or established institutions of the States, + but only to defend and maintain the supremacy of the Constitution of the + United States and to preserve the Union, with all the dignity, equality, + and rights of the several States unimpaired, and that so soon as those + objects should be accomplished the war on the part of the Government + should cease; and +</p> +<p> + Whereas the President of the United States has heretofore, in the spirit + of that declaration and with the view of securing for it ultimate and + complete effect, set forth several proclamations offering amnesty and + pardon to persons who had been or were concerned in the aforenamed + rebellion, which proclamations, however, were attended with prudential + reservations and exceptions then deemed necessary and proper, and which + proclamations were respectively issued on the 8th day of December, 1863, + on the 26th day of March, 1864, on the 29th day of May, 1865, and on the + 7th day of September, 1867; and +</p> +<p> + Whereas the said lamentable civil war has long since altogether ceased, + with an acknowledgment by all the States of the supremacy of the Federal + Constitution and of the Government thereunder, and there no longer + exists any reasonable ground to apprehend a renewal of the said civil + war, or any foreign interference, or any unlawful resistance by any + portion of the people of any of the States to the Constitution and laws + of the United States; and +</p> +<p> + Whereas it is desirable to reduce the standing army and to bring to a + speedy termination military occupation, martial law, military tribunals, + abridgment of the freedom of speech and of the press, and suspension + of the privilege of <i>habeas corpus</i> and of the right of trial by jury, + such encroachments upon our free institutions in time of peace being + dangerous to public liberty, incompatible with the individual rights of + the citizen, contrary to the genius and spirit of our republican form + of government, and exhaustive of the national resources; and +</p> +<p> + Whereas it is believed that amnesty and pardon will tend to secure a + complete and universal establishment and prevalence of municipal law + and order in conformity with the Constitution of the United States, + and to remove all appearances or presumptions of a retaliatory or + vindictive policy on the part of the Government attended by unnecessary + disqualifications, pains, penalties, confiscations, and + disfranchisements, and, on the contrary, to promote and procure complete + fraternal reconciliation among the whole people, with due submission to + the Constitution and laws: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of + the United States, do, by virtue of the Constitution and in the + name of the people of the United States, hereby proclaim and declare, + unconditionally and without reservation, to all and to every person + who, directly or indirectly, participated in the late insurrection or + rebellion, excepting such person or persons as may be under presentment + or indictment in any court of the United States having competent + jurisdiction upon a charge of treason or other felony, a full pardon + and amnesty for the offense of treason against the United States or of + adhering to their enemies during the late civil war, with restoration of + all rights of property, except as to slaves, and except also as to any + property of which any person may have been legally divested under the + laws of the United States. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 4th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress entitled "An act to admit the States of + North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida + to representation in Congress," passed on the 25th day of June, 1868, + it is declared that it is made the duty of the President, within ten + days after receiving official information of the ratification by the + legislature of either of said States of a proposed amendment to the + Constitution known as article fourteen, to issue a proclamation + announcing that fact; and +</p> +<p> + Whereas the said act seems to be prospective; and +</p> +<p> + Whereas a paper purporting to be a resolution of the legislature of + Florida adopting the amendment of the thirteenth and fourteenth articles + of the Constitution of the United States was received at the Department + of State on the 16th of June, 1868, prior to the passage of the act of + Congress referred to, which paper is attested by the names of Horatio + Jenkins, jr., as president <i>pro tempore</i> of the senate, and W.W. Moore + as speaker of the assembly, and of William L. Apthoop, as secretary of + the senate, and William Forsyth Bynum, as clerk of the assembly, and + which paper was transmitted to the Secretary of State in a letter dated + Executive Office, Tallahassee, Fla., June 10, 1868, from Harrison Reed, + who therein signs himself governor; and +</p> +<p> + Whereas on the 6th day of July, 1868, a paper was received by the + President, which paper, being addressed to the President, bears date of + the 4th day of July, 1868, and was transmitted by and under the name of + W.W. Holden, who therein writes himself governor of the State of North + Carolina, which paper certifies that the said proposed amendment, known + as article fourteen, did pass the senate and house of representatives of + the general assembly of North Carolina on the 2d day of July instant, + and is attested by the names of John H. Boner, or Bower, as secretary + of the house of representatives, and T.A. Byrnes, as secretary of the + senate; and its ratification on the 4th of July, 1868, is attested by + Tod R. Caldwell, as lieutenant-governor, president of the senate, and + Jo. W. Holden, as speaker house of representatives: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, in compliance with and execution of the act of + Congress aforesaid, do issue this proclamation, announcing the fact of + the ratification of the said amendment by the legislature of the State + of North Carolina in the manner hereinbefore set forth. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 11th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress entitled "An act to admit the States of + North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida + to representation in Congress," passed the 25th day of June, 1868, + it is declared that it is made the duty of the President, within ten + days after receiving official information of the ratification by the + legislature of either of said States of a proposed amendment to the + Constitution known as article fourteen, to issue a proclamation + announcing that fact; and +</p> +<p> + Whereas on the 18th day of July, 1868, a letter was received by the + President, which letter, being addressed to the President, bears date of + July 15, 1868, and was transmitted by and under the name of R.K. Scott, + who therein writes himself governor of South Carolina, in which letter + was inclosed and received at the same time by the President a paper + purporting to be a resolution of the senate and house of representatives + of the general assembly of the State of South Carolina ratifying the + said proposed amendment, and also purporting to have passed the two said + houses, respectively, on the 7th and 9th of July, 1868, and to have been + approved by the said R.K. Scott, as governor of said State, on the 15th + of July, 1868, which circumstances are attested by the signatures of + D.T. Corbin, as president <i>pro tempore</i> of the senate, and of F.J. + Moses, jr., as speaker of the house of representatives of said State, + and of the said R.K. Scott, as governor: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, in compliance with and execution of the act of + Congress aforesaid, do issue this my proclamation, announcing the fact + of the ratification of the said amendment by the legislature of the + State of South Carolina in the manner hereinbefore set forth. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress entitled "An act to admit the States of + North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida + to representation in Congress," passed on the 25th day of June, 1868, + it is declared that it is made the duty of the President, within ten + days after receiving official information of the ratification by the + legislature of either of said States of a proposed amendment to the + Constitution known as article fourteen, to issue a proclamation + announcing that fact; and +</p> +<p> + Whereas a paper was received at the Department of State on the 17th day + of July, 1868, which paper, bearing date of the 9th day of July, 1868, + purports to be a resolution of the senate and house of representatives + of the State of Louisiana in general assembly convened ratifying the + aforesaid amendment, and is attested by the signature of George E. + Bovee, as secretary of state, under a seal purporting to be the seal + of the State of Louisiana: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, in compliance with and execution of the act of + Congress before mentioned, do issue this my proclamation, announcing the + fact of the ratification of the said amendment by the legislature of the + State of Louisiana in the manner hereinbefore set forth. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereto affixed, +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 18th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress entitled "An act to admit the States of + North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida + to representation in Congress," passed the 25th day of June, 1868, + it is declared that it is made the duty of the President, within ten + days after receiving official information of the ratification by the + legislature of either of said States of a proposed amendment to the + Constitution known as article fourteen, to issue a proclamation + announcing that fact; and +</p> +<p> + Whereas a letter was received this day by the President, which letter, + being addressed to the President, bears date of July 16, 1868, and was + transmitted by and under the name of William H. Smith, who therein + writes himself governor of Alabama, in which letter was inclosed and + received at the same time by the President a paper purporting to be a + resolution of the senate and house of representatives of the general + assembly of the State of Alabama ratifying the said proposed amendment, + which paper is attested by the signature of Charles A. Miller, as + secretary of state, under a seal purporting to be the seal of the State + of Alabama, and bears the date of approval of July 13, 1868, by William + H. Smith, as governor of said State: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, in compliance with and execution of the act of + Congress before mentioned, do issue this my proclamation, announcing the + fact of the ratification of the said amendment by the legislature of the + State of Alabama in the manner hereinbefore set forth. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 20th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas by an act of Congress entitled "An act to admit the States of + North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida + to representation in Congress," passed the 25th day of June, 1868, + it is declared that it is made the duty of the President, within ten + days after receiving official information of the ratification by the + legislature of either of said States of a proposed amendment to the + Constitution known as article fourteen, to issue a proclamation + announcing that fact; and +</p> +<p> + Whereas a paper was received at the Department of State this 27th day of + July, 1868, purporting to be a joint resolution of the senate and house + of representatives of the general assembly of the State of Georgia, + ratifying the said proposed amendment and also purporting to have passed + the two said houses, respectively, on the 21st of July, 1868, and to + have been approved by Rufus B. Bullock, who therein signs himself + governor of Georgia, which paper is also attested by the signatures of + Benjamin Conley, as president of the senate, and R.L. McWhorters, as + speaker of the house of representatives, and is further attested by the + signatures of A.E. Marshall, as secretary of the senate, and M.A. + Hardin, as clerk of the house of representatives: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States of America, in compliance with and execution of the act of + Congress before mentioned, do issue this my proclamation, announcing the + fact of the ratification of the said amendment by the legislature of the + State of Georgia in the manner hereinbefore set forth. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 27th day of July, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p><p> </p><p> </p> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + In the year which is now drawing to its end the art, the skill, and the + labor of the people of the United States have been employed with greater + diligence and vigor and on broader fields than ever before, and the + fruits of the earth have been gathered into the granary and the + storehouse in marvelous abundance. Our highways have been lengthened, + and new and prolific regions have been occupied. We are permitted to + hope that long-protracted political and sectional dissensions are at no + distant day to give place to returning harmony and fraternal affection + throughout the Republic. Many foreign states have entered into liberal + agreements with us, while nations which are far off and which heretofore + have been unsocial and exclusive have become our friends. +</p> +<p> + The annual period of rest, which we have reached in health and + tranquillity, and which is crowned with so many blessings, is by + universal consent a convenient and suitable one for cultivating personal + piety and practicing public devotion. +</p> +<p> + I therefore recommend that Thursday, the 26th day of November next, be + set apart and observed by all the people of the United States as a day + for public praise, thanksgiving, and prayer to the Almighty Creator and + Divine Ruler of the Universe, by whose ever-watchful, merciful, and + gracious providence alone states and nations, no less than families and + individual men, do live and move and have their being. +</p> +<p> + In witness whereof I have hereunto set my hand and caused the seal of + the United States to be affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, this 12th day of October, A.D. 1868, + and of the Independence of the United States the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + WILLIAM H. SEWARD,<br> + <i>Secretary of State</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + EXECUTIVE ORDERS. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES. +</h3> +<center> + EXECUTIVE ORDER. +</center> +<p class="r"> + WASHINGTON, <i>December 17, 1867</i>. +</p> +<p> + It is desired and advised that all communications in writing intended + for the executive department of this Government and relating to public + business of whatever kind, including suggestions for legislation, + claims, contracts, employment, appointments, and removals from office, + and pardons, be transmitted directly in the first instance to the head + of the Department to which the care of the subject-matter of the + communication properly belongs. This regulation has become necessary + for the more convenient, punctual, and regular dispatch of the public + business. +</p> +<p> + By order of the President: +</p> +<p class="r"> + WILLIAM H. SEWARD, +<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 104. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, December 28, 1867</i>. +</p> +<p> + By direction of the President of the United States, the following orders + are made: +</p> +<p> + I. Brevet Major-General E.O.C. Ord will turn over the command of the + Fourth Military District to Brevet Major-General A.C. Gillem, and + proceed to San Francisco, Cal., to take command of the Department of + California. +</p> +<p> + II. On being relieved by Brevet Major-General Ord, Brevet Major-General + Irvin McDowell will proceed to Vicksburg, Miss., and relieve General + Gillem in command of the Fourth Military District. +</p> +<p> + III. Brevet Major-General John Pope is hereby relieved of the command + of the Third Military District, and will report without delay at the + Headquarters of the Army for further orders, turning over his command + to the next senior officer until the arrival of his successor. +</p> +<p> + IV. Major-General George G. Meade is assigned to the command of + the Third Military District, and will assume it without delay. The + Department of the East will be commanded by the senior officer now + on duty in it until a commander is named by the President. +</p> +<p> + V. The officers assigned in the foregoing orders to command of military + districts will exercise therein any and all powers conferred by acts of + Congress upon district commanders, and also any and all powers + pertaining to military-department commanders. +</p> +<hr> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 10. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, February 12, 1868</i>. +</p> +<p> + The following orders are published for the information and guidance of + all concerned: +</p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., February 12, 1868</i>. +</p> +<p> + General U.S. GRANT, +<br> + <i>Commanding Armies of the United States, Washington, D.C.</i> +</p> +<p> + GENERAL: You will please issue an order creating a military division, to + be called the Military Division of the Atlantic, to be composed of the + Department of the Lakes, the Department of the East, and the Department + of Washington, and to be commanded by Lieutenant-General William T. + Sherman, with his headquarters at Washington. +</p> +<p> + Until further orders from the President, you will assign no officer to + the permanent command of the Military Division of the Missouri. +</p> +<p> + Respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p> + Major-General P.H. Sheridan, the senior officer in the Military Division + of the Missouri, will temporarily perform the duties of commander of the + Military Division of the Missouri, in addition to his duties of department + commander. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., February 21, 1868</i>. +</p> +<p> + Hon. EDWIN M. STANTON, +<br> + <i>Washington, D.C.</i> +</p> +<p> + SIR: By virtue of the power and authority vested in me as President by + the Constitution and laws of the United States, you are hereby removed + from office as Secretary for the Department of War, and your functions + as such will terminate upon the receipt of this communication. +</p> +<p> + You will transfer to Brevet Major-General Lorenzo Thomas, + Adjutant-General of the Army, who has this day been authorized and + empowered to act as Secretary of War <i>ad interim</i>, all records, books, + papers, and other public property now in your custody and charge. +</p> +<p> + Respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., February 21, 1868</i>. +</p> +<p> + Brevet Major-General LORENZO THOMAS, +<br> + <i>Adjutant-General United States Army, Washington, D.C.</i> +</p> +<p> + SIR: The Hon. Edwin M. Stanton having been this day removed from office + as Secretary for the Department of War, you are hereby authorized and + empowered to act as Secretary of War <i>ad interim</i>, and will immediately + enter upon the discharge of the duties pertaining to that office. +</p> +<p> + Mr. Stanton has been instructed to transfer to you all the records, + books, papers, and other public property now in his custody and charge. +</p> +<p> + Respectfully, yours, +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 17. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, March 28, 1868</i>. +</p> +<p> + By direction of the President of the United States, Major-General W.S. + Hancock is relieved from command of the Fifth Military District and + assigned to command of the Military Division of the Atlantic, created + by General Orders, No. 10, of February 12, 1868. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., May 28, 1868</i>. +</p> +<p> + The chairman of the committee of arrangements having requested that + an opportunity may be given to those employed in the several Executive + Departments of the Government to unite with their fellow-citizens in + paying a fitting tribute to the memory of the brave men whose remains + repose in the national cemeteries, the President directs that as far as + may be consistent with law and the public interests persons who desire + to participate in the ceremonies be permitted to absent themselves from + their duties on Saturday, the 30th instant. +</p> +<p> + By order of the President: +</p> +<p class="r"> + WM. G. MOORE, +<br> + <i>Secretary</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION,<br> + <i>Washington, D.C., June 1, 1868</i>. +</p> +<p> + Major-General John M. Schofield having been appointed, by and with the + advice and consent of the Senate, Secretary for the Department of War, + is hereby relieved from the command of the First Military District, + created by the act of Congress passed March 2, 1867. +</p> +<p> + Brevet Major-General George Stoneman is hereby assigned, according + to his brevet rank of major-general, to the command of the said First + District and of the Military Department of Virginia. +</p> +<p> + The Secretary of War will please give the necessary instructions to + carry this order into effect. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 25. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, June 1, 1868</i>. +</p> +<p> + I. The following order of the President has been received from the War + Department: +</p> +<p class="r"> + WASHINGTON, <i>June 2, 1868</i>. +</p> +<p> + The President with deep regret announces to the people of the United + States the decease, at Wheatland, Pa., on the 1st instant, of his + honored predecessor James Buchanan. +</p> +<p> + This event will occasion mourning in the nation for the loss of an + eminent citizen and honored public servant. +</p> +<p> + As a mark of respect for his memory, it is ordered that the Executive + Departments be immediately placed in mourning and all business be + suspended on the day of the funeral. +</p> +<p> + It is further ordered that the War and Navy Departments cause suitable + military and naval honors to be paid on this occasion to the memory of + the illustrious dead. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + II. In compliance with the instructions of the President and of the + Secretary of War, on the day after the receipt of this order at each + military post the troops will be paraded at 10 o'clock a.m. and the + order read to them, after which all labors, for the day will cease. +</p> +<p> + The national flag will be displayed at half-staff. +</p> +<p> + At dawn of day thirteen guns will be fired, and afterwards, at intervals + of thirty minutes between the rising and setting sun, a single gun, and + at the close of the day a national salute of thirty-seven guns. +</p> +<p> + The officers of the Army will wear crape on the left arm and on their + swords and the colors of the several regiments will be put in mourning + for the period of six months. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<a name="2H_4_0029"><!-- H2 anchor --></a> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL ORDER. +</h2> +<p class="r"> + NAVY DEPARTMENT, +<br> + <i>Washington, June 3, 1868</i>. +</p> +<p> + The death of ex-President James Buchanan is announced in the following + order of the President of the United States: +</p> +<center> + [For order see preceding page.] +</center> +<p> + In pursuance of the foregoing order, it is hereby directed that thirty + minute guns be fired at each of the navy-yards and naval stations on + Thursday, the 4th instant, the day designated for the funeral of the + late ex-President Buchanan, commencing at noon, and on board the + flagships in each squadron upon the day after the receipt of this order. + The flags at the several navy-yards, naval stations, and marine barracks + will be placed at half-mast until after the funeral, and on board all + naval vessels in commission upon the day after this order is received. +</p> +<p class="r"> + GIDEON WELLES, +<br> + <i>Secretary of the Navy</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 33. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, June 30, 1868</i>. +</p> +<p> + By direction of the President of the United States, the following orders + are made: +</p> +<p> + I. Brevet Major-General Irvin McDowell is relieved from the command of + the Fourth Military District, and will report in person, without delay, + at the War Department. +</p> +<p> + II. Brevet Major-General Alvan C. Gillem is assigned to the command of + the Fourth Military District, and will assume it without delay. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No 44. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, July 13, 1868</i>. +</p> +<p> + By direction of the President, Brigadier and Brevet Major-General Irvin + McDowell is assigned to the command of the Department of the East. +</p> +<p> + The headquarters of the department will be transferred from Philadelphia + to New York City. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS, No. 55. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, July 28, 1868</i>. +</p> +<p> + The following orders from the War Department, which have been approved + by the President, are published for the information and government of + the Army and of all concerned: +</p> +<p> + The commanding generals of the Second, Third, Fourth, and Fifth Military + Districts having officially reported that the States of Arkansas, North + Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida have + fully complied with the acts of Congress known as the reconstruction + acts, including the act passed June 22, 1868, entitled "An act to admit + the State of Arkansas to representation in Congress," and the act passed + June 25, 1868, entitled "An act to admit the States of North Carolina, + South Carolina, Louisiana, Georgia, Alabama, and Florida to + representation in Congress," and that, consequently, so much of the act + of March 2, 1867, and the acts supplementary thereto as provides for the + organization of military districts, subject to the military authority of + the United States, as therein provided, has become inoperative in said + States, and that the commanding generals have ceased to exercise in said + States the military powers conferred by said acts of Congress: Therefore + the following changes will be made in the organization and command of + military districts and geographical departments: +</p> +<p> + I. The Second and Third Military Districts having ceased to exist, the + States of North Carolina, South Carolina, Georgia, Alabama, and Florida + will constitute the Department of the South, Major-General George G. + Meade to command. Headquarters at Atlanta, Ga. +</p> +<p> + II. The Fourth Military District will now consist only of the State of + Mississippi, and will continue to be commanded by Brevet Major-General + A.C. Gillem. +</p> +<p> + III. The Fifth Military District will now consist of the State of Texas, + and will be commanded by Brevet Major-General J.J. Reynolds. + Headquarters at Austin, Tex. +</p> +<p> + IV. The States of Louisiana and Arkansas will constitute the Department + of Louisiana, Brevet Major-General L.H. Rousseau is assigned to the + command. Headquarters at New Orleans, La. Until the arrival of General + Rousseau at New Orleans, Brevet Major-General Buchanan will command the + Department. +</p> +<p> + V. Brevet Major-General George Crook is assigned, according to his + brevet of major-general, to command the Department of the Columbia, + in place of Rousseau, relieved. +</p> +<p> + VI. Brevet Major-General E.R.S. Canby is reassigned to command the + Department of Washington. +</p> +<hr> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p> + Under and in pursuance of the authority vested in the President of the + United States by the provisions of the second section of the act of + Congress approved on the 27th day of July, 1868, entitled "An act to + extend the laws of the United States relating to customs, commerce, and + navigation over the territory ceded to the United States by Russia, to + establish a collection district therein, and for other purposes," the + port of Sitka, in said Territory, is hereby constituted and established + as the port of entry for the collection district of Alaska provided for + by said act; and under and in pursuance of the authority vested in him + by the fourth section of said act the importation and use of firearms, + ammunition, and distilled spirits into and within the said Territory, + or any portion thereof, except as hereinafter provided, is entirely + prohibited, under the pains and penalties specified in said last-named + section; <i>Provided, however</i>, That under such regulations as the + Secretary of the Treasury may prescribe, in accordance with law, such + articles may, in limited quantities, be shipped coastwise from United + States ports on the Pacific coast to said port of Sitka, and to that + port only in said Territory, on the shipper giving bonds to the + collector of customs at the port of shipment, conditioned that such + articles will on their arrival at Sitka be delivered to the collector of + customs, or the person there acting as such, to remain in his possession + and under his control until sold or disposed of to such persons as + the military or other chief authority in said Territory may specially + designate in permits for that purpose signed by himself or a subordinate + duly authorized by him. +</p> +<p> + Done at the city of Washington, this 22d day of August, A.D. 1868, + and of the Independence of the United States the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON,<br> + <i>President</i>. +</p> +<p> </p><p> </p> +<center> + SPECIAL ORDERS, ORDERS, No. 219. +</center> +<p class="r"> + HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, September 12, 1868</i>. +</p> +<hr> +<p> + 18. By direction of the President, Brevet Major-General L.H. Rousseau, + brigadier-general, commanding Department of Louisiana, is hereby + assigned to duty according to his brevet rank of major-general. This + order to take effect when General Rousseau assumes command. +</p> +<p> + 19. By direction of the President, paragraph 12 of Special Orders, No. + 70, May 23, 1868, from this office, assigning Brevet Major-General R.C. + Buchanan, colonel First United States Infantry, to duty according to + his brevet rank of major-general, is hereby revoked, and he is hereby + assigned to duty according to his brevet rank of brigadier-general, + in order that he may command the District of Louisiana. This order to + take effect when General Rousseau assumes command of the Department of + Louisiana. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + J.C. KELTON, +<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p> + GENERAL ORDERS, No. 82. +</p> +<p class="r"> + HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, October 10, 1868</i>. +</p> +<p> + The following order has been received from the President, and by his + direction is published to the Army: +</p> +<p> + The following provisions from the Constitution and laws of the United + States in relation to the election of a President and Vice-President + of the United States, together with an act of Congress prohibiting all + persons engaged in the military and naval service from interfering in + any general or special election in any State, are published for the + information and government of all concerned: +</p> +<center> + [Extract from Article II, section 1, Constitution of the United States.] +</center> +<p class="q"> + The executive power shall be vested in a President of the United States + of America. He shall hold his office during the term of four years, + and, together with the Vice-President, chosen for the same term, be + elected as follows: +</p><p class="q"> + Each State shall appoint, in such manner as the legislature thereof may + direct, a number of electors equal to the whole number of Senators and + Representatives to which the State may be entitled in the Congress; but + no Senator or Representative, or person holding an office of trust or + profit under the United States, shall be appointed an elector. +</p> +<center> + [Extract from Article XII, amendment to the Constitution of the United + States.] +</center> +<p class="q"> + The electors shall meet in their respective States and vote by ballot + for President and Vice-President, one of whom at least shall not be an + inhabitant of the same State with themselves. They shall name in their + ballots the person voted for as President, and in distinct ballots the + person voted for as Vice-President; and they shall make distinct lists + of all persons voted for as President, and of all persons voted for as + Vice-President, and of the number of votes for each, which lists they + shall sign and certify and transmit sealed to the seat of the Government + of the United States, directed to the President of the Senate. The + President of the Senate shall, in the presence of the Senate and House + of Representatives, open all the certificates, and the votes shall then + be counted. The person having the greatest number of votes for President + shall be the President, if such number be a majority of the whole number + of electors appointed; and if no person have such majority, then from + the persons having the highest numbers, not exceeding three, on the list + of those voted for as President, the House of Representatives shall + choose immediately, by ballot, the President. But in choosing the + President the votes shall be taken by States, the representation from + each State having one vote. A quorum for this purpose shall consist of + a member or members from two-thirds of the States, and a majority of + all the States shall be necessary to a choice. And if the House of + Representatives shall not choose a President, whenever the right of + choice shall devolve upon them, before the 4th day of March next + following, then the Vice-President shall act as President, as in the + case of the death or other constitutional disability of the President. +</p> +<center> + [Extract from "An act relative to the election of a President and + Vice-President of the United States, and declaring the officer who shall + act as President in case of vacancies in the offices both of President + and Vice-President," approved March 1, 1792.] +</center> +<p class="q"> + Sec. 1. <i>Be it enacted by the Senate and House of Representatives + of the United States of America in Congress assembled</i>, That * * * + electors shall be appointed in each State for the election of a + President and Vice-President of the United States * * * in every + fourth year succeeding the last election, which electors shall be + equal to the number of Senators and Representatives to which the + several States may by law be entitled at the time when the President + and Vice-President thus to be chosen should come into office: + <i>Provided always</i>, That where no apportionment of Representatives + shall have been made after any enumeration at the time of choosing + electors, then the number of electors shall be according to the + existing apportionment of Senators and Representatives. +</p> +<center> + ["An act to establish a uniform time for holding elections for electors + of President and Vice-President in all the States of the Union," + approved January 23, 1845.] +</center> +<p class="q"> + <i>Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That the electors of President + and Vice-President shall be appointed in each State on the Tuesday next + after the first Monday in the month of November of the year in which + they are to be appointed: <i>Provided</i>, That each State may by law provide + for the filling of any vacancy or vacancies which may occur in its + college of electors when such college meets to give its electoral vote: + <i>And provided also</i>, When any State shall have held an election for the + purpose of choosing electors, and shall fail to make a choice on the day + aforesaid, then the electors may be appointed on a subsequent day in + such manner as the State shall by law provide. +</p> +<center> + [Extracts from "An act relative to the election of a President and + Vice-President of the United States, and declaring the officer who shall + act as President in case of vacancies in the offices both of President + and Vice-President," approved March 1, 1792.] +</center> +<p class="q"> + Sec. 2. <i>And be it further enacted</i>, That the electors shall meet and + give their votes on the said first Wednesday in December, at such place + in each State as shall be directed by the legislature thereof; and the + electors in each State shall make and sign three certificates of all the + votes by them given, and shall seal up the same, certifying on each that + a list of the votes of such State for President and Vice-President is + contained therein, and shall, by writing under their hands or under the + hands of a majority of them, appoint a person to take charge of and + deliver to the President of the Senate, at the seat of Government, + before the first Wednesday in January then next ensuing, one of the said + certificates; and the said electors shall forthwith forward by the + post-office to the President of the Senate, at the seat of Government, + one other of the said certificates, and shall forthwith cause the other + of the said certificates to be delivered to the judge of that district + in which the said electors shall assemble. +</p><p class="q"> + Sec. 3. <i>And be it further enacted</i>, That the executive authority of + each State shall cause three lists of the names of the electors of such + State to be made and certified, and to be delivered to the electors on + or before the said first Wednesday in December, and the said electors + shall annex one of the said lists to each of the lists of their votes. +</p><p class="q"> + Sec. 4. <i>And be it further enacted</i>, That if a list of votes from any + State shall not have been received at the seat of Government on the said + first Wednesday in January, that then the Secretary of State shall send + a special messenger to the district judge in whose custody such list + shall have been lodged, who shall forthwith transmit the same to the + seat of Government. +</p><p class="q"> + Sec. 5. <i>And be it further enacted</i>, That Congress shall be in session + on the second Wednesday in February, 1793, and on the second Wednesday + in February succeeding every meeting of the electors, and the said + certificates, or so many of them as shall have been received, shall then + be opened, the votes counted, and the persons who shall fill the offices + of President and Vice-President ascertained and declared agreeably to + the Constitution. +</p><p class="q"> + Sec. 6. <i>And be it further enacted</i>, That in case there shall be no + President of the Senate at the seat of Government on the arrival of the + persons intrusted with the list of the votes of the electors, then such + persons shall deliver the lists of votes in their custody into the + office of the Secretary of State, to be safely kept and delivered over + as soon as may be to the President of the Senate. +</p> +<hr> +<p class="q"> + Sec. 8. <i>And be it further enacted</i>, That if any person appointed to + deliver the votes of the electors to the President of the Senate shall, + after accepting of his appointment, neglect to perform the services + required of him by this act, he shall forfeit the sum of $1,000. +</p> +<center> + [Extract from "An act making compensation to the persons appointed by + the electors to deliver the votes for President and Vice-President," + approved February 11, 1825.] +</center> +<p class="q"> + <i>Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That the person appointed by + the electors to deliver to the President of the Senate a list of the + votes for President and Vice-President shall be allowed, on delivery of + said list, 25 cents for every mile of the estimated distance by the most + usual route from the place of meeting of the electors to the seat of + Government of the United States, going and returning. +</p> +<center> + [Extract from "An act relative to the election of a President and + Vice-President of the United States, and declaring the officer who shall + act as President in case of vacancies in the offices both of President + and Vice-President," approved March 1, 1792.] +</center> +<p class="q"> + Sec. 12. <i>And be it further enacted</i>, That the term of four years for + which a President and Vice-President shall be elected shall in all cases + commence on the 4th day of March next succeeding the day on which the + votes of the electors shall have been given. +</p> +<center> + ["An act to prevent officers of the Army and Navy, and other persons + engaged in the military and naval service of the United States, from + interfering in elections in the States," approved February 25, 1865.] +</center> +<p class="q"> + <i>Be it enacted by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That it shall not be lawful + for any military or naval officer of the United States, or other person + engaged in the civil, military, or naval service of the United States, + to order, bring, keep, or have under his authority or control any troops + or armed men at the place where any general or special election is + held in any State of the United States of America, unless it shall be + necessary to repel the armed enemies of the United States or to keep the + peace at the polls. And that it shall not be lawful for any officer of + the Army or Navy of the United States to prescribe or fix, or attempt + to prescribe or fix, by proclamation, order, or otherwise, the + qualifications of voters in any State of the United States of America, + or in any manner to interfere with the freedom of any election in any + State or with the exercise of the free right of suffrage in any State of + the United States. Any officer of the Army or Navy of the United States, + or other person engaged in the civil, military, or naval service of the + United States, who violates this section of this act shall for every + such offense be liable to indictment as for a misdemeanor in any court + of the United States having jurisdiction to hear, try, and determine + cases of misdemeanor, and on conviction thereof shall pay a fine not + exceeding $5,000 and suffer imprisonment in the penitentiary not less + than three months nor more than five years, at the discretion of the + court trying the same; and any person convicted as aforesaid shall, + moreover, be disqualified from holding any office of honor, profit, + or trust under the Government of the United States: <i>Provided</i>, That + nothing herein contained shall be so construed as to prevent any + officers, soldiers, sailors, or marines from exercising the right of + suffrage in any election district to which he may belong, if otherwise + qualified according to the laws of the State in which he shall offer + to vote. +</p><p class="q"> + Sec. 2. <i>And be it further enacted</i>, That any officer or person in + the military or naval service of the United States who shall order or + advise, or who shall, directly or indirectly, by force, threat, menace, + intimidation, or otherwise, prevent or attempt to prevent any qualified + voter of any State of the United States of America from freely + exercising the right of suffrage at any general or special election + in any State of the United States, or who shall in like manner compel + or attempt to compel any officer of an election in any such State to + receive a vote from a person not legally qualified to vote, or who shall + impose or attempt to impose any rules or regulations for conducting such + election different from those prescribed by law, or interfere in any + manner with any officer of said election in the discharge of his duties, + shall for any such offense be liable to indictment as for a misdemeanor + in any court of the United States having jurisdiction to hear, try, and + determine cases of misdemeanor, and on conviction thereof shall pay a + fine of not exceeding $5,000 and suffer imprisonment in the penitentiary + not exceeding five years, at the discretion of the court trying the + same; and any person convicted as aforesaid shall, moreover, be + disqualified from holding any office of honor, profit, or trust under + the Government of the United States. +</p> +<p> + By command of General Grant: +</p> +<p class="r"> + E.D. TOWNSEND,<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT,<br> + <i>Washington City, November 4, 1868</i>. +</p> +<p> + By direction of the President, Brevet Major-General E.R.S. Canby is + hereby assigned to the command of the Fifth Military District, created + by the act of Congress of March 2, 1867, and of the Military Department + of Texas, consisting of the State of Texas. He will, without unnecessary + delay, turn over his present command to the next officer in rank and + proceed to the command to which he is hereby assigned, and on assuming + the same will, when necessary to a faithful execution of the laws, + exercise any and all powers conferred by acts of Congress upon district + commanders and any and all authority pertaining to officers in command + of military departments. +</p> +<p> + Brevet Major-General J.J. Reynolds is hereby relieved from the command + of the Fifth Military District. +</p> +<p class="r"> + J.M. SCHOFIELD, +<br> + <i>Secretary of War</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + FOURTH ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 9, 1868</i>. +</p> +<p> + <i>Fellow-Citizens of the Senate and House of Representatives</i>: +</p> +<p> + Upon the reassembling of Congress it again becomes my duty to call your + attention to the state of the Union and to its continued disorganized + condition under the various laws which have been passed upon the subject + of reconstruction. +</p> +<p> + It may be safely assumed as an axiom in the government of states that + the greatest wrongs inflicted upon a people are caused by unjust and + arbitrary legislation, or by the unrelenting decrees of despotic rulers, + and that the timely revocation of injurious and oppressive measures is + the greatest good that can be conferred upon a nation. The legislator or + ruler who has the wisdom and magnanimity to retrace his steps when + convinced of error will sooner or later be rewarded with the respect and + gratitude of an intelligent and patriotic people. +</p> +<p> + Our own history, although embracing a period less than a century, + affords abundant proof that most, if not all, of our domestic troubles + are directly traceable to violations of the organic law and excessive + legislation. The most striking illustrations of this fact are furnished + by the enactments of the past three years upon the question of + reconstruction. After a fair trial they have substantially failed and + proved pernicious in their results, and there seems to be no good reason + why they should longer remain upon the statute book. States to which the + Constitution guarantees a republican form of government have been + reduced to military dependencies, in each of which the people have been + made subject to the arbitrary will of the commanding general. Although + the Constitution requires that each State shall be represented in + Congress, Virginia, Mississippi, and Texas are yet excluded from the + two Houses, and, contrary to the express provisions of that instrument, + were denied participation in the recent election for a President and + Vice-President of the United States. The attempt to place the white + population under the domination of persons of color in the South has + impaired, if not destroyed, the kindly relations that had previously + existed between them; and mutual distrust has engendered a feeling of + animosity which, leading in some instances to collision and bloodshed, + has prevented that cooperation between the two races so essential to the + success of industrial enterprise in the Southern States. Nor have the + inhabitants of those States alone suffered from the disturbed condition + of affairs growing out of these Congressional enactments. The entire + Union has been agitated by grave apprehensions of troubles which might + again involve the peace of the nation; its interests have been + injuriously affected by the derangement of business and labor, and the + consequent want of prosperity throughout that portion of the country. +</p> +<p> + The Federal Constitution—the <i>magna charta</i> of American rights, under + whose wise and salutary provisions we have successfully conducted all + our domestic and foreign affairs, sustained ourselves in peace and in + war, and become a great nation among the powers of the earth—must + assuredly be now adequate to the settlement of questions growing out of + the civil war, waged alone for its vindication. This great fact is made + most manifest by the condition of the country when Congress assembled in + the month of December, 1865. Civil strife had ceased, the spirit of + rebellion had spent its entire force, in the Southern States the people + had warmed into national life, and throughout the whole country a + healthy reaction in public sentiment had taken place. By the application + of the simple yet effective provisions of the Constitution the executive + department, with the voluntary aid of the States, had brought the work + of restoration as near completion as was within the scope of its + authority, and the nation was encouraged by the prospect of an early + and satisfactory adjustment of all its difficulties. Congress, however, + intervened, and, refusing to perfect the work so nearly consummated, + declined to admit members from the unrepresented States, adopted + a series of measures which arrested the progress of restoration, + frustrated all that had been so successfully accomplished, and, after + three years of agitation and strife, has left the country further from + the attainment of union and fraternal feeling than at the inception of + the Congressional plan of reconstruction. It needs no argument to show + that legislation which has produced such baneful consequences should + be abrogated, or else made to conform to the genuine principles of + republican government. +</p> +<p> + Under the influence of party passion and sectional prejudice, other acts + have been passed not warranted by the Constitution. Congress has already + been made familiar with my views respecting the "tenure-of-office bill." + Experience has proved that its repeal is demanded by the best interests + of the country, and that while it remains in force the President can not + enjoin that rigid accountability of public officers so essential to an + honest and efficient execution of the laws. Its revocation would enable + the executive department to exercise the power of appointment and + removal in accordance with the original design of the Federal + Constitution. +</p> +<p> + The act of March 2, 1867, making appropriations for the support of the + Army for the year ending June 30, 1868, and for other purposes, contains + provisions which interfere with the President's constitutional functions + as Commander in Chief of the Army and deny to States of the Union + the right to protect themselves by means of their own militia. These + provisions should be at once annulled; for while the first might, in + times of great emergency, seriously embarrass the Executive in efforts + to employ and direct the common strength of the nation for its + protection and preservation, the other is contrary to the express + declaration of the Constitution that "a well-regulated militia being + necessary to the security of a free state, the right of the people to + keep and bear arms shall not be infringed." +</p> +<p> + It is believed that the repeal of all such laws would be accepted by + the American people as at least a partial return to the fundamental + principles of the Government, and an indication that hereafter the + Constitution is to be made the nation's safe and unerring guide. They + can be productive of no permanent benefit to the country, and should not + be permitted to stand as so many monuments of the deficient wisdom which + has characterized our recent legislation. +</p> +<p> + The condition of our finances demands the early and earnest + consideration of Congress. Compared with the growth of our population, + the public expenditures have reached an amount unprecedented in our + history. +</p> +<p> + The population of the United States in 1790 was nearly 4,000,000 people. + Increasing each decade about 33 per cent, it reached in 1860 31,000,000, + an increase of 700 per cent on the population in 1790. In 1869 it is + estimated that it will reach 38,000,000, or an increase of 868 per cent + in seventy-nine years. +</p> +<p> + The annual expenditures of the Federal Government in 1791 were + $4,200,000; in 1820, $13,200,000; in 1850, forty-one millions; in 1860, + sixty-three millions; in 1865, nearly thirteen hundred millions; and + in 1869 it is estimated by the Secretary of the Treasury, in his last + annual report, that they will be three hundred and seventy-two millions. +</p> +<p> + By comparing the public disbursements of 1869, as estimated, with those + of 1791, it will be seen that the increase of expenditure since the + beginning of the Government has been 8,618 per cent, while the increase + of the population for the same period was only 868 per cent. Again, + the expenses of the Government in 1860, the year of peace immediately + preceding the war, were only sixty-three millions, while in 1869, the + year of peace three years after the war, it is estimated they will be + three hundred and seventy-two millions, an increase of 489 per cent, + while the increase of population was only 21 per cent for the same + period. +</p> +<p> + These statistics further show that in 1791 the annual national expenses, + compared with the population, were little more than $1 per capita, and + in 1860 but $2 per capita; while in 1869 they will reach the extravagant + sum of $9.78 per capita. +</p> +<p> + It will be observed that all these statements refer to and exhibit the + disbursements of peace periods. It may, therefore, be of interest to + compare the expenditures of the three war periods—the war with Great + Britain, the Mexican War, and the War of the Rebellion. +</p> +<p> + In 1814 the annual expenses incident to the War of 1812 reached their + highest amount—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. +</p> +<p> + From the 4th day of March, 1789, to the 30th of June, 1861, the entire + expenditures of the Government were $1,700,000,000. During that period + we were engaged in wars with Great Britain and Mexico, and were involved + in hostilities with powerful Indian tribes; Louisiana was purchased from + France at a cost of $15,000,000; Florida was ceded to us by Spain for + five millions; California was acquired from Mexico for fifteen millions, + and the territory of New Mexico was obtained from Texas for the sum of + ten millions. Early in 1861 the War of the Rebellion commenced; and + from the 1st of July of that year to the 30th of June, 1865, the public + expenditures reached the enormous aggregate of thirty-three hundred + millions. Three years of peace have intervened, and during that time the + disbursements of the Government have successively been five hundred and + twenty millions, three hundred and forty-six millions, and three hundred + and ninety-three millions. Adding to these amounts three hundred and + seventy-two millions, estimated as necessary for the fiscal year ending + the 30th of June, 1869, we obtain a total expenditure of $1,600,000,000 + during the four years immediately succeeding the war, or nearly as much + as was expended during the seventy-two years that preceded the rebellion + and embraced the extraordinary expenditures already named. +</p> +<p> + These startling facts clearly illustrate the necessity of + retrenchment in all branches of the public service. Abuses which were + tolerated during the war for the preservation of the nation will not be + endured by the people, now that profound peace prevails. The receipts + from internal revenues and customs have during the past three years + gradually diminished, and the continuance of useless and extravagant + expenditures will involve us in national bankruptcy, or else make + inevitable an increase of taxes, already too onerous and in many + respects obnoxious on account of their inquisitorial character. One + hundred millions annually are expended for the military force, a large + portion of which is employed in the execution of laws both unnecessary + and unconstitutional; one hundred and fifty millions are required each + year to pay the interest on the public debt; an army of taxgatherers + impoverishes the nation, and public agents, placed by Congress beyond + the control of the Executive, divert from their legitimate purposes + large sums of money which they collect from the people in the name of + the Government. Judicious legislation and prudent economy can alone + remedy defects and avert evils which, if suffered to exist, can not fail + to diminish confidence in the public councils and weaken the attachment + and respect of the people toward their political institutions. Without + proper care the small balance which it is estimated will remain in the + Treasury at the close of the present fiscal year will not be realized, + and additional millions be added to a debt which is now enumerated by + billions. +</p> +<p> + It is shown by the able and comprehensive report of the Secretary of + the Treasury that the receipts for the fiscal year ending June 30, 1868, + were $405,638,083, and that the expenditures for the same period were + $377,340,284, leaving in the Treasury a surplus of $28,297,798. It is + estimated that the receipts during the present fiscal year, ending June + 30, 1869, will be $341,392,868 and the expenditures $336,152,470, + showing a small balance of $5,240,398 in favor of the Government. For + the fiscal year ending June 30, 1870, it is estimated that the receipts + will amount to $327,000,000 and the expenditures to $303,000,000, + leaving an estimated surplus of $24,000,000. +</p> +<p> + It becomes proper in this connection to make a brief reference to our + public indebtedness, which has accumulated with such alarming rapidity + and assumed such colossal proportions. +</p> +<p> + In 1789, when the Government commenced operations under the Federal + Constitution, it was burdened with an indebtedness of $75,000,000, + created during the War of the Revolution. This amount had been reduced + to $45,000,000 when, in 1812, war was declared against Great Britain. + The three years' struggle that followed largely increased the national + obligations, and in 1816 they had attained the sum of $127,000,000. Wise + and economical legislation, however, enabled the Government to pay the + entire amount within a period of twenty years, and the extinguishment + of the national debt filled the land with rejoicing and was one of the + great events of President Jackson's Administration. After its redemption + a large fund remained in the Treasury, which was deposited for + safe-keeping with the several States, on condition that it should be + returned when required by the public wants. In 1849—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. +</p> +<p> + In my message to Congress December 4, 1865, it was suggested that a + policy should be devised which, without being oppressive to the people, + would at once begin to effect a reduction of the debt, and, if persisted + in, discharge it fully within a definite number of years. The Secretary + of the Treasury forcibly recommends legislation of this character, + and justly urges that the longer it is deferred the more difficult + must become its accomplishment. We should follow the wise precedents + established in 1789 and 1816, and without further delay make provision + for the payment of our obligations at as early a period as may be + practicable. The fruits of their labors should be enjoyed by our + citizens rather than used to build up and sustain moneyed monopolies in + our own and other lands. Our foreign debt is already computed by the + Secretary of the Treasury at $850,000,000; citizens of foreign countries + receive interest upon a large portion of our securities, and American + taxpayers are made to contribute large sums for their support. The idea + that such a debt is to become permanent should be at all times discarded + as involving taxation too heavy to be borne, and payment once in every + sixteen years, at the present rate of interest, of an amount equal to + the original sum. This vast debt, if permitted to become permanent and + increasing, must eventually be gathered into the hands of a few, and + enable them to exert a dangerous and controlling power in the affairs of + the Government. The borrowers would become servants to the lenders, the + lenders the masters of the people. We now pride ourselves upon having + given freedom to 4,000,000 of the colored race; it will then be our + shame that 40,000,000 of people, by their own toleration of usurpation + and profligacy, have suffered themselves to become enslaved, and merely + exchanged slave owners for new taskmasters in the shape of bondholders + and taxgatherers. Besides, permanent debts pertain to monarchical + governments, and, tending to monopolies, perpetuities, and class + legislation, are totally irreconcilable with free institutions. + Introduced into our republican system, they would gradually but surely + sap its foundations, eventually subvert our governmental fabric, and + erect upon its ruins a moneyed aristocracy. It is our sacred duty to + transmit unimpaired to our posterity the blessings of liberty which were + bequeathed to us by the founders of the Republic, and by our example + teach those who are to follow us carefully to avoid the dangers which + threaten a free and independent people. +</p> +<p> + Various plans have been proposed for the payment of the public debt. + However they may have varied as to the time and mode in which it should + be redeemed, there seems to be a general concurrence as to the propriety + and justness of a reduction in the present rate of interest. The + Secretary of the Treasury in his report recommends 5 per cent; Congress, + in a bill passed prior to adjournment on the 27th of July last, agreed + upon 4 and 4-1/2 per cent; while by many 3 per cent has been held to be + an amply sufficient return for the investment. The general impression as + to the exorbitancy of the existing rate of interest has led to an + inquiry in the public mind respecting the consideration which the + Government has actually received for its bonds, and the conclusion is + becoming prevalent that the amount which it obtained was in real money + three or four hundred per cent less than the obligations which it issued + in return. It can not be denied that we are paying an extravagant + percentage for the use of the money borrowed, which was paper currency, + greatly depreciated below the value of coin. This fact is made apparent + when we consider that bondholders receive from the Treasury upon each + dollar they own in Government securities 6 per cent in gold, which is + nearly or quite equal to 9 per cent in currency; that the bonds are + then converted into capital for the national banks, upon which those + institutions issue their circulation, bearing 6 per cent interest; and + that they are exempt from taxation by the Government and the States, and + thereby enhanced 2 per cent in the hands of the holders. We thus have an + aggregate of 17 per cent which may be received upon each dollar by the + owners of Government securities. A system that produces such results is + justly regarded as favoring a few at the expense of the many, and has + led to the further inquiry whether our bondholders, in view of the + large profits which they have enjoyed, would themselves be averse to + a settlement of our indebtedness upon a plan which would yield them a + fair remuneration and at the same time be just to the taxpayers of the + nation. Our national credit should be sacredly observed, but in making + provision for our creditors we should not forget what is due to the + masses of the people. It may be assumed that the holders of our + securities have already received upon their bonds a larger amount than + their original investment, measured by a gold standard. Upon this + statement of facts it would seem but just and equitable that the 6 per + cent interest now paid by the Government should be applied to the + reduction of the principal in semiannual installments, which in sixteen + years and eight months would liquidate the entire national debt. Six per + cent in gold would at present rates be equal to 9 per cent in currency, + and equivalent to the payment of the debt one and a half times in a + fraction less than seventeen years. This, in connection with all the + other advantages derived from their investment, would afford to the + public creditors a fair and liberal compensation for the use of their + capital, and with this they should be satisfied. The lessons of the past + admonish the lender that it is not well to be overanxious in exacting + from the borrower rigid compliance with the letter of the bond. +</p> +<p> + If provision be made for the payment of the indebtedness of the + Government in the manner suggested, our nation will rapidly recover its + wonted prosperity. Its interests require that some measure should be + taken to release the large amount of capital invested in the securities + of the Government. It is not now merely unproductive, but in taxation + annually consumes $150,000,000, which would otherwise be used by our + enterprising people in adding to the wealth of the nation. Our commerce, + which at one time successfully rivaled that of the great maritime + powers, has, rapidly diminished, and our industrial interests are + in a depressed and languishing condition. The development of our + inexhaustible resources is checked, and the fertile fields of the South + are becoming waste for want of means to till them. With the release of + capital, new life would be infused into the paralyzed energies of our + people and activity and vigor imparted to every branch of industry. Our + people need encouragement in their efforts to recover from the effects + of the rebellion and of injudicious legislation, and it should be the + aim of the Government to stimulate them by the prospect of an early + release from the burdens which impede their prosperity. If we can not + take the burdens from their shoulders, we should at least manifest + a willingness to help to bear them. +</p> +<p> + In referring to the condition of the circulating medium, I shall merely + reiterate substantially that portion of my last annual message which + relates to that subject. +</p> +<p> + The proportion which the currency of any country should bear to + the whole value of the annual produce circulated by its means is a + question upon which political economists have not agreed. Nor can it + be controlled by legislation, but must be left to the irrevocable laws + which everywhere regulate commerce and trade. The circulating medium + will ever irresistibly flow to those points where it is in greatest + demand. The law of demand and supply is as unerring as that which + regulates the tides of the ocean; and, indeed, currency, like the tides, + has its ebbs and flows throughout the commercial world. +</p> +<p> + At the beginning of the rebellion the bank-note circulation of the + country amounted to not much more than $200,000,000; now the circulation + of national-bank notes and those known as "legal-tenders" is nearly + seven hundred millions. While it is urged by some that this amount + should be increased, others contend that a decided reduction is + absolutely essential to the best interests of the country. In view of + these diverse opinions, it may be well to ascertain the real value of + our paper issues when compared with a metallic or convertible currency. + For this purpose let us inquire how much gold and silver could be + purchased by the seven hundred millions of paper money now in + circulation. Probably not more than half the amount of the latter; + showing that when our paper currency is compared with gold and silver + its commercial value is compressed into three hundred and fifty + millions. This striking fact makes it the obvious duty of the + Government, as early as may be consistent with the principles of sound + political economy, to take such measures as will enable the holders of + its notes and those of the national banks to convert them, without loss, + into specie or its equivalent. A reduction of our paper circulating + medium need not necessarily follow. This, however, would depend upon the + law of demand and supply, though it should be borne in mind that by + making legal-tender and bank notes convertible into coin or its + equivalent their present specie value in the hands of their holders + would be enhanced 100 per cent. +</p> +<p> + Legislation for the accomplishment of a result so desirable is demanded + by the highest public considerations. The Constitution contemplates that + the circulating medium of the country shall be uniform in quality and + value. At the time of the formation of that instrument the country had + just emerged from the War of the Revolution, and was suffering from the + effects of a redundant and worthless paper currency. The sages of that + period were anxious to protect their posterity from the evils which they + themselves had experienced. Hence in providing a circulating medium they + conferred upon Congress the power to coin money and regulate the value + thereof, at the same time prohibiting the States from making anything + but gold and silver a tender in payment of debts. +</p> +<p> + The anomalous condition of our currency is in striking contrast with + that which was originally designed. Our circulation now embraces, first, + notes of the national banks, which are made receivable for all dues to + the Government, excluding imposts, and by all its creditors, excepting + in payment of interest upon its bonds and the securities themselves; + second, legal tender, issued by the United States, and which the law + requires shall be received as well in payment of all debts between + citizens as of all Government dues, excepting imposts; and, third, gold + and silver coin. By the operation of our present system of finance, + however, the metallic currency, when collected, is reserved only for one + class of Government creditors, who, holding its bonds, semiannually + receive their interest in coin from the National Treasury. There is no + reason which will be accepted as satisfactory by the people why those + who defend us on the land and protect us on the sea; the pensioner upon + the gratitude of the nation, bearing the scars and wounds received while + in its service; the public servants in the various departments of the + Government; the farmer who supplies the soldiers of the Army and the + sailors of the Navy; the artisan who toils in the nation's workshops, + or the mechanics and laborers who build its edifices and construct + its forts and vessels of war, should, in payment of their just and + hard-earned dues, receive depreciated paper, while another class of + their countrymen, no more deserving, are paid in coin of gold and + silver. Equal and exact justice requires that all the creditors of the + Government should be paid in a currency possessing a uniform value. + This can only be accomplished by the restoration of the currency to the + standard established by the Constitution, and by this means we would + remove a discrimination which may, if it has not already done so, create + a prejudice that may become deep-rooted and widespread and imperil the + national credit. +</p> +<p> + The feasibility of making our currency correspond with the + constitutional standard may be seen by reference to a few facts derived + from our commercial statistics. +</p> +<p> + The aggregate product of precious metals in the United States from 1849 + to 1867 amounted to $1,174,000,000, while for the same period the net + exports of specie were $741,000,000. This shows an excess of product + over net exports of $433,000,000. There are in the Treasury $103,407,985 + in coin; in circulation in the States on the Pacific Coast about + $40,000,000, and a few millions in the national and other banks—in all + less than $160,000,000. Taking into consideration the specie in the + country prior to 1849 and that produced since 1867, and we have more + than $300,000,000 not accounted for by exportation or by returns of the + Treasury, and therefore most probably remaining in the country. +</p> +<p> + These are important facts, and show how completely the inferior + currency will supersede the better, forcing it from circulation among + the masses and causing it to be exported as a mere article of trade, to + add to the money capital of foreign lands. They show the necessity of + retiring our paper money, that the return of gold and silver to the + avenues of trade may be invited and a demand created which will cause + the retention at home of at least so much of the productions of our + rich and inexhaustible gold-bearing fields as may be sufficient for + purposes of circulation. It is unreasonable to expect a return to a + sound currency so long as the Government and banks, by continuing to + issue irredeemable notes, fill the channels of circulation with + depreciated paper. Notwithstanding a coinage by our mints since 1849 of + $874,000,000, the people are now strangers to the currency which was + designed for their use and benefit, and specimens of the precious metals + bearing the national device are seldom seen, except when produced to + gratify the interest excited by their novelty. If depreciated paper is + to be continued as the permanent currency of the country, and all our + coin is to become a mere article of traffic and speculation, to the + enhancement in price of all that is indispensable to the comfort of the + people, it would be wise economy to abolish our mints, thus saving the + nation the care and expense incident to such establishments, and let our + precious metals be exported in bullion. The time has come, however, when + the Government and national banks should be required to take the most + efficient steps and make all necessary arrangements for a resumption of + specie payments. Let specie payments once be earnestly inaugurated by + the Government and banks, and the value of the paper circulation would + directly approximate a specie standard. +</p> +<p> + Specie payments having been resumed by the Government and banks, all + notes or bills of paper issued by either of a less denomination than $20 + should by law be excluded from circulation, so that the people may have + the benefit and convenience of a gold and silver currency which in all + their business transactions will be uniform in value at home and abroad. + Every man of property or industry, every man who desires to preserve + what he honestly possesses or to obtain what he can honestly earn, has a + direct interest in maintaining a safe circulating medium—such a medium + as shall be real and substantial, not liable to vibrate with opinions, + not subject to be blown up or blown down by the breath of speculation, + but to be made stable and secure. A disordered currency is one of the + greatest political evils. It undermines the virtues necessary for the + support of the social system and encourages propensities destructive of + its happiness; it wars against industry, frugality, and economy, and it + fosters the evil spirits of extravagance and speculation. +</p> +<p> + It has been asserted by one of our profound and most gifted statesmen + that— +</p> +<p class="q"> + Of all the contrivances for cheating the laboring classes of mankind, + none has been more effectual than that which deludes them with paper + money. This is the most effectual of inventions to fertilize the rich + man's fields by the sweat of the poor man's brow. Ordinary tyranny, + oppression, excessive taxation—these bear lightly on the happiness of + the mass of the community compared with a fraudulent currency and the + robberies committed by depreciated paper. Our own history has recorded + for our instruction enough, and more than enough, of the demoralizing + tendency, the injustice, and the intolerable oppression on the virtuous + and well-disposed of a degraded paper currency authorized by law or in + any way countenanced by government. +</p> +<p> + It is one of the most successful devices, in times of peace or war, + of expansions or revulsions, to accomplish the transfer of all the + precious metals from the great mass of the people into the hands of the + few, where they are hoarded in secret places or deposited under bolts + and bars, while the people are left to endure all the inconvenience, + sacrifice, and demoralization resulting from the use of depreciated and + worthless paper. +</p> +<p> + The Secretary of the Interior in his report gives valuable information + in reference to the interests confided to the supervision of his + Department, and reviews the operations of the Land Office, Pension + Office, Patent Office, and Indian Bureau. +</p> +<p> + During the fiscal year ending June 30, 1868, 6,655,700 acres of public + land were disposed of. The entire cash receipts of the General Land + Office for the same period were $1,632,745, being greater by $284,883 + than the amount realized from the same sources during the previous year. + The entries under the homestead law cover 2,328,923 acres, nearly + one-fourth of which was taken under the act of June 21, 1866, which + applies only to the States of Alabama, Mississippi, Louisiana, Arkansas, + and Florida. +</p> +<p> + On the 30th of June, 1868, 169,643 names were borne on the pension + rolls, and during the year ending on that day the total amount paid for + pensions, including the expenses of disbursement, was $24,010,982, being + $5,391,025 greater than that expended for like purposes during the + preceding year. +</p> +<p> + During the year ending the 30th of September last the expenses of the + Patent Office exceeded the receipts by $171, and, including reissues + and designs, 14,153 patents were issued. +</p> +<p> + Treaties with various Indian tribes have been concluded, and will be + submitted to the Senate for its constitutional action. I cordially + sanction the stipulations which provide for reserving lands for the + various tribes, where they may be encouraged to abandon their nomadic + habits and engage in agricultural and industrial pursuits. This policy, + inaugurated many years since, has met with signal success whenever it + has been pursued in good faith and with becoming liberality by the + United States. The necessity for extending it as far as practicable in + our relations with the aboriginal population is greater now than at any + preceding period. Whilst we furnish subsistence and instruction to the + Indians and guarantee the undisturbed enjoyment of their treaty rights, + we should habitually insist upon the faithful observance of their + agreement to remain within their respective reservations. This is the + only mode by which collisions with other tribes and with the whites can + be avoided and the safety of our frontier settlements secured. +</p> +<p> + The companies constructing the railway from Omaha to Sacramento have + been most energetically engaged in prosecuting the work, and it is + believed that the line will be completed before the expiration of + the next fiscal year. The 6 per cent bonds issued to these companies + amounted on the 5th instant to $44,337,000, and additional work had + been performed to the extent of $3,200,000. +</p> +<p> + The Secretary of the Interior in August last invited my attention + to the report of a Government director of the Union Pacific Railroad + Company who had been specially instructed to examine the location, + construction, and equipment of their road. I submitted for the opinion + of the Attorney-General certain questions in regard to the authority of + the Executive which arose upon this report and those which had from time + to time been presented by the commissioners appointed to inspect each + successive section of the work. After carefully considering the law of + the case, he affirmed the right of the Executive to order, if necessary, + a thorough revision of the entire road. Commissioners were thereupon + appointed to examine this and other lines, and have recently submitted a + statement of their investigations, of which the report of the Secretary + of the Interior furnishes specific information. +</p> +<p> + The report of the Secretary of War contains information of interest and + importance respecting the several bureaus of the War Department and the + operations of the Army. The strength of our military force on the 30th + of September last was 48,000 men, and it is computed that by the 1st of + January next this number will be decreased to 43,000. It is the opinion + of the Secretary of War that within the next year a considerable + diminution of the infantry force may be made without detriment to the + interests of the country; and in view of the great expense attending the + military peace establishment and the absolute necessity of retrenchment + wherever it can be applied, it is hoped that Congress will sanction the + reduction which his report recommends. While in 1860 sixteen thousand + three hundred men cost the nation $16,472,000, the sum of $65,682,000 + is estimated as necessary for the support of the Army during the fiscal + year ending June 30, 1870. The estimates of the War Department for + the last two fiscal years were, for 1867, $33,814,461, and for 1868 + $25,205,669. The actual expenditures during the same periods were, + respectively, $95,224,415 and $123,246,648. The estimate submitted in + December last for the fiscal year ending June 30, 1869, was $77,124,707; + the expenditures for the first quarter, ending the 30th of September + last, were $27,219,117, and the Secretary of the Treasury gives + $66,000,000 as the amount which will probably be required during the + remaining three quarters, if there should be no reduction of the + Army—making its aggregate cost for the year considerably in excess + of ninety-three millions. The difference between the estimates and + expenditures for the three fiscal years which have been named is thus + shown to be $175,545,343 for this single branch of the public service. +</p> +<p> + The report of the Secretary of the Navy exhibits the operations of that + Department and of the Navy during the year. A considerable reduction of + the force has been effected. There are 42 vessels, carrying 411 guns, in + the six squadrons which are established in different parts of the world. + Three of these vessels are returning to the United States and 4 are used + as storeslips, leaving the actual cruising force 35 vessels, carrying + 356 guns. The total number of vessels in the Navy is 206, mounting 1,743 + guns. Eighty-one vessels of every description are in use, armed with 696 + guns. The number of enlisted men in the service, including apprentices, + has been reduced to 8,500. An increase of navy-yard facilities is + recommended as a measure which will in the event of war be promotive + of economy and security. A more thorough and systematic survey of the + North Pacific Ocean is advised in view of our recent acquisitions, our + expanding commerce, and the increasing intercourse between the Pacific + States and Asia. The naval pension fund, which consists of a moiety of + the avails of prizes captured during the war, amounts to $14,000,000. + Exception is taken to the act of 23d July last, which reduces the + interest on the fund loaned to the Government by the Secretary, as + trustee, to 3 per cent instead of 6 per cent, which was originally + stipulated when the investment was made. An amendment of the pension + laws is suggested to remedy omissions and defects in existing + enactments. The expenditures of the Department during the last fiscal + year were $20,120,394, and the estimates for the coming year amount + to $20,993,414. +</p> +<p> + The Postmaster-General's report furnishes a full and clear exhibit of + the operations and condition of the postal service. The ordinary postal + revenue for the fiscal year ending June 30, 1868, was $16,292,600, + the total expenditures, embracing all the service for which special + appropriations have been made by Congress, amounted to $22,730,592, + showing an excess of expenditures of $6,437,991. Deducting from the + expenditures the sum of $1,896,525, the amount of appropriations for + ocean-steamship and other special service, the excess of expenditures + was $4,541,466. By using an unexpended balance in the Treasury of + $3,800,000 the actual sum for which a special appropriation is required + to meet the deficiency is $741,466. The causes which produced this large + excess of expenditure over revenue were the restoration of service in + the late insurgent States and the putting into operation of new service + established by acts of Congress, which amounted within the last two + years and a half to about 48,700 miles—equal to more than one-third + of the whole amount of the service at the close of the war. New postal + conventions with Great Britain, North Germany, Belgium, the Netherlands, + Switzerland, and Italy, respectively, have been carried into effect. + Under their provisions important improvements have resulted in reduced + rates of international postage and enlarged mail facilities with + European countries. The cost of the United States transatlantic ocean + mail service since January 1, 1868, has been largely lessened under the + operation of these new conventions, a reduction of over one-half having + been effected under the new arrangements for ocean mail steamship + service which went into effect on that date. The attention of Congress + is invited to the practical suggestions and recommendations made in his + report by the Postmaster-General. +</p> +<p> + No important question has occurred during the last year in our + accustomed cordial and friendly intercourse with Costa Rica, Guatemala, + Honduras, San Salvador, France, Austria, Belgium, Switzerland, Portugal, + the Netherlands, Denmark, Sweden and Norway, Rome, Greece, Turkey, + Persia, Egypt, Liberia, Morocco, Tripoli, Tunis, Muscat, Siam, Borneo, + and Madagascar. +</p> +<p> + Cordial relations have also been maintained with the Argentine and the + Oriental Republics. The expressed wish of Congress that our national + good offices might be tendered to those Republics, and also to Brazil + and Paraguay, for bringing to an end the calamitous war which has so + long been raging in the valley of the La Plata, has been assiduously + complied with and kindly acknowledged by all the belligerents. That + important negotiation, however, has thus far been without result. +</p> +<p> + Charles A. Washburn, late United States minister to Paraguay, having + resigned, and being desirous to return to the United States, the + rear-admiral commanding the South Atlantic Squadron was early directed + to send a ship of war to Asuncion, the capital of Paraguay, to receive + Mr. Washburn and his family and remove them from a situation which was + represented to be endangered by faction and foreign war. The Brazilian + commander of the allied invading forces refused permission to the <i>Wasp</i> + to pass through the blockading forces, and that vessel returned to + its accustomed anchorage. Remonstrance having been made against this + refusal, it was promptly overruled, and the <i>Wasp</i> therefore resumed + her errand, received Mr. Washburn and his family, and conveyed them to + a safe and convenient seaport. In the meantime an excited controversy + had arisen between the President of Paraguay and the late United States + minister, which, it is understood, grew out of his proceedings in + giving asylum in the United States legation to alleged enemies of + that Republic. The question of the right to give asylum is one always + difficult and often productive of great embarrassment. In states well + organized and established, foreign powers refuse either to concede or + exercise that right, except as to persons actually belonging to the + diplomatic service. On the other hand, all such powers insist upon + exercising the right of asylum in states where the law of nations is + not fully acknowledged, respected, and obeyed. +</p> +<p> + The President of Paraguay is understood to have opposed to Mr. + Washburn's proceedings the injurious and very improbable charge of + personal complicity in insurrection and treason. The correspondence, + however, has not yet reached the United States. +</p> +<p> + Mr. Washburn, in connection with this controversy, represents that two + United States citizens attached to the legation were arbitrarily seized + at his Side, when leaving the capital of Paraguay, committed to prison, + and there subjected to torture for the purpose of procuring confessions + of their own criminality and testimony to support the President's + allegations against the United States minister. Mr. McMahon, the newly + appointed minister to Paraguay, having reached the La Plata, has been + instructed to proceed without delay to Asuncion, there to investigate + the whole subject. The rear-admiral commanding the United States South + Atlantic Squadron has been directed to attend the new minister with a + proper naval force to sustain such just demands as the occasion may + require, and to vindicate the rights of the United States citizens + referred to and of any others who may be exposed to danger in the + theater of war. With these exceptions, friendly relations have been + maintained between the United States and Brazil and Paraguay. +</p> +<p> + Our relations during the past year with Bolivia, Ecuador, Peru, + and Chile have become especially friendly and cordial. Spain and the + Republics of Peru, Bolivia, and Ecuador have expressed their willingness + to accept the mediation of the United States for terminating the war + upon the South Pacific coast. Chile has not finally declared upon the + question. In the meantime the conflict has practically exhausted itself, + since no belligerent or hostile movement has been made by either party + during the last two years, and there are no indications of a present + purpose to resume hostilities on either side. Great Britain and France + have cordially seconded our proposition of mediation, and I do not + forego the hope that it may soon be accepted by all the belligerents and + lead to a secure establishment of peace and friendly relations between + the Spanish American Republics of the Pacific and Spain—a result + which would be attended with common benefits to the belligerents + and much advantage to all commercial nations. I communicate, for + the consideration of Congress, a correspondence which shows that the + Bolivian Republic has established the extremely liberal principle of + receiving into its citizenship any citizen of the United States, or + of any other of the American Republics, upon the simple condition of + voluntary registry. +</p> +<p> + The correspondence herewith submitted wall be found painfully + replete with accounts of the ruin and wretchedness produced by recent + earthquakes, of unparalleled severity, in the Republics of Peru, + Ecuador, and Bolivia. The diplomatic agents and naval officers of the + United States who were present in those countries at the time of those + disasters furnished all the relief in their power to the sufferers, and + were promptly rewarded with grateful and touching acknowledgments by + the Congress of Peru. An appeal to the charity of our fellow-citizens + has been answered by much liberality. In this connection I submit an + appeal which has been made by the Swiss Republic, whose Government and + institutions are kindred to our own, in behalf of its inhabitants, who + are suffering extreme destitution, produced by recent devastating + inundations. +</p> +<p> + Our relations with Mexico during the year have been marked by an + increasing growth of mutual confidence. The Mexican Government has + not yet acted upon the three treaties celebrated here last summer for + establishing the rights of naturalized citizens upon a liberal and just + basis, for regulating consular powers, and for the adjustment of mutual + claims. +</p> +<p> + All commercial nations, as well as all friends of republican + institutions, have occasion to regret the frequent local disturbances + which occur in some of the constituent States of Colombia. Nothing has + occurred, however, to affect the harmony and cordial friendship which + have for several years existed between that youthful and vigorous + Republic and our own. +</p> +<p> + Negotiations are pending with a view to the survey and construction + of a ship canal across the Isthmus of Darien, under the auspices of + the United States. I hope to be able to submit the results of that + negotiation to the Senate during its present session. +</p> +<p> + The very liberal treaty which was entered into last year by the United + States and Nicaragua has been ratified by the latter Republic. +</p> +<p> + Costa Rica, with the earnestness of a sincerely friendly neighbor, + solicits a reciprocity of trade, which I commend to the consideration + of Congress. +</p> +<p> + The convention created by treaty between the United States and Venezuela + in July, 1865, for the mutual adjustment of claims, has been held, + and its decisions have been received at the Department of State. The + heretofore-recognized Government of the United States of Venezuela has + been subverted. A provisional government having been instituted under + circumstances which promise durability, it has been formally recognized. +</p> +<p> + I have been reluctantly obliged to ask explanation and satisfaction + for national injuries committed by the President of Hayti. The political + and social condition of the Republics of Hayti and St. Domingo is very + unsatisfactory and painful. The abolition of slavery, which has been + carried into effect throughout the island of St. Domingo and the entire + West Indies, except the Spanish islands of Cuba and Porto Rico, has + been followed by a profound popular conviction of the rightfulness + of republican institutions and an intense desire to secure them. + The attempt, however, to establish republics there encounters many + obstacles, most of which may be supposed to result from long-indulged + habits of colonial supineness and dependence upon European monarchical + powers. While the United States have on all occasions professed a + decided unwillingness that any part of this continent or of its adjacent + islands shall be made a theater for a new establishment of monarchical + power, too little has been done by us, on the other hand, to attach the + communities by which we are surrounded to our own country, or to lend + even a moral support to the efforts they are so resolutely and so + constantly making to secure republican institutions for themselves. + It is indeed a question of grave consideration whether our recent and + present example is not calculated to check the growth and expansion of + free principles, and make those communities distrust, if not dread, + a government which at will consigns to military domination States that + are integral parts of our Federal Union, and, while ready to resist any + attempts by other nations to extend to this hemisphere the monarchical + institutions of Europe, assumes to establish over a large portion of + its people a rule more absolute, harsh, and tyrannical than any known + to civilized powers. +</p> +<p> + The acquisition of Alaska was made with the view of extending national + jurisdiction and republican principles in the American hemisphere. + Believing that a further step could be taken in the same direction, + I last year entered into a treaty with the King of Denmark for the + purchase of the islands of St. Thomas and St. John, on the best terms + then attainable, and with the express consent of the people of those + islands. This treaty still remains under consideration in the Senate. + A new convention has been entered into with Denmark, enlarging the time + fixed for final ratification of the original treaty. +</p> +<p> + Comprehensive national policy would seem to sanction the acquisition and + incorporation into our Federal Union of the several adjacent continental + and insular communities as speedily as it can be done peacefully, + lawfully, and without any violation of national justice, faith, or + honor. Foreign possession or control of those communities has hitherto + hindered the growth and impaired the influence of the United States. + Chronic revolution and anarchy there would be equally injurious. Each + one of them, when firmly established as an independent republic, or when + incorporated into the United States, would be a new source of strength + and power. Conforming my Administration to these principles, I have on + no occasion lent support or toleration to unlawful expeditions set on + foot upon the plea of republican propagandism or of national extension + or aggrandizement. The necessity, however, of repressing such unlawful + movements clearly indicates the duty which rests upon us of adapting our + legislative action to the new circumstances of a decline of European + monarchical power and influence and the increase of American republican + ideas, interests, and sympathies. +</p> +<p> + It can not be long before it will become necessary for this Government + to lend some effective aid to the solution of the political and social + problems which are continually kept before the world by the two + Republics of the island of St. Domingo, and which are now disclosing + themselves more distinctly than heretofore in the island of Cuba. The + subject is commended to your consideration with all the more earnestness + because I am satisfied that the time has arrived when even so direct a + proceeding as a proposition for an annexation of the two Republics of + the island of St. Domingo would not only receive the consent of the + people interested, but would also give satisfaction to all other foreign + nations. +</p> +<p> + I am aware that upon the question of further extending our + possessions it is apprehended by some that our political system can not + successfully be applied to an area more extended than our continent; but + the conviction is rapidly gaining ground in the American mind that with + the increased facilities for intercommunication between all portions + of the earth the principles of free government, as embraced in our + Constitution, if faithfully maintained and carried out, would prove of + sufficient strength and breadth to comprehend within their sphere and + influence the civilized nations of the world. +</p> +<p> + The attention of the Senate and of Congress is again respectfully + invited to the treaty for the establishment of commercial reciprocity + with the Hawaiian Kingdom entered into last year, and already ratified + by that Government. The attitude of the United States toward these + islands is not very different from that in which they stand toward the + West Indies. It is known and felt by the Hawaiian Government and people + that their Government and institutions are feeble and precarious; that + the United States, being so near a neighbor, would be unwilling to see + the islands pass under foreign control. Their prosperity is continually + disturbed by expectations and alarms of unfriendly political + proceedings, as well from the United States as from other foreign + powers. A reciprocity treaty, while it could not materially diminish + the revenues of the United States, would be a guaranty of the good will + and forbearance of all nations until the people of the islands shall of + themselves, at no distant day, voluntarily apply for admission into the + Union. +</p> +<p> + The Emperor of Russia has acceded to the treaty negotiated here + in January last for the security of trade-marks in the interest + of manufacturers and commerce. I have invited his attention to the + importance of establishing, now while it seems easy and practicable, + a fair and equal regulation of the vast fisheries belonging to the + two nations in the waters of the North Pacific Ocean. +</p> +<p> + The two treaties between the United States and Italy for the regulation + of consular powers and the extradition of criminals, negotiated and + ratified here during the last session of Congress, have been accepted + and confirmed by the Italian Government. A liberal consular convention + which has been negotiated with Belgium will be submitted to the Senate. + The very important treaties which were negotiated between the United + States and North Germany and Bavaria for the regulation of the rights of + naturalized citizens have been duly ratified and exchanged, and similar + treaties have been entered into with the Kingdoms of Belgium and + Wurtemberg and with the Grand Duchies of Baden and Hesse-Darmstadt. + I hope soon to be able to submit equally satisfactory conventions of + the same character now in the course of negotiation with the respective + Governments of Spain, Italy, and the Ottoman Empire. +</p> +<p> + Examination of claims against the United States by the Hudsons Bay + Company and the Puget Sound Agricultural Company, on account of certain + possessory rights in the State of Oregon and Territory of Washington, + alleged by those companies in virtue of provisions of the treaty + between the United States and Great Britain of June 15, 1846, has been + diligently prosecuted, under the direction of the joint international + commission to which they were submitted for adjudication by treaty + between the two Governments of July 1, 1863, and will, it is expected, + be concluded at an early day. +</p> +<p> + No practical regulation concerning colonial trade and the fisheries can + be accomplished by treaty between the United States and Great Britain + until Congress shall have expressed their judgment concerning the + principles involved. Three other questions, however, between the United + States and Great Britain remain open for adjustment. These are the + mutual rights of naturalized citizens, the boundary question involving + the title to the island of San Juan, on the Pacific coast, and mutual + claims arising since the year 1853 of the citizens and subjects of the + two countries for injuries and depredations committed under the + authority of their respective Governments. Negotiations upon these + subjects are pending, and I am not without hope of being able to lay + before the Senate, for its consideration during the present session, + protocols calculated to bring to an end these justly exciting and + long-existing controversies. +</p> +<p> + We are not advised of the action of the Chinese Government upon the + liberal and auspicious treaty which was recently celebrated with its + plenipotentiaries at this capital. +</p> +<p> + Japan remains a theater of civil war, marked by religious incidents + and political severities peculiar to that long-isolated Empire. The + Executive has hitherto maintained strict neutrality among the + belligerents, and acknowledges with pleasure that it has been frankly + and fully sustained in that course by the enlightened concurrence and + cooperation of the other treaty powers, namely, Great Britain, France, + the Netherlands, North Germany, and Italy. +</p> +<p> + Spain having recently undergone a revolution marked by extraordinary + unanimity and preservation of order, the provisional government + established at Madrid has been recognized, and the friendly intercourse + which has so long happily existed between the two countries remains + unchanged. +</p> +<p> + I renew the recommendation contained in my communication to Congress + dated the 18th July last—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— +</p> +<p> + First. For an election of President and Vice-President by a direct vote + of the people, instead of through the agency of electors, and making + them ineligible for reelection to a second term. +</p> +<p> + Second. For a distinct designation of the person who shall discharge + the duties of President in the event of a vacancy in that office by the + death, resignation, or removal of both the President and Vice-President. +</p> +<p> + Third. For the election of Senators of the United States directly by + the people of the several States, instead of by the legislatures; and +</p> +<p> + Fourth. For the limitation to a period of years of the terms of Federal + judges. +</p> +<p> + Profoundly impressed with the propriety of making these important + modifications in the Constitution, I respectfully submit them for + the early and mature consideration of Congress. We should, as far + as possible, remove all pretext for violations of the organic law, + by remedying such imperfections as time and experience may develop, + ever remembering that "the constitution which at any time exists until + changed by an explicit and authentic act of the whole people is sacredly + obligatory upon all." +</p> +<p> + In the performance of a duty imposed upon me by the Constitution, I have + thus communicated to Congress information of the state of the Union and + recommended for their consideration such measures as have seemed to me + necessary and expedient. If carried into effect, they will hasten the + accomplishment of the great and beneficent purposes for which the + Constitution was ordained, and which it comprehensively states were + "to form a more perfect Union, establish justice, insure domestic + tranquillity, provide for the common defense, promote the general + welfare, and secure the blessings of liberty to ourselves and our + posterity." In Congress are vested all legislative powers, and upon them + devolves the responsibility as well for framing unwise and excessive + laws as for neglecting to devise and adopt measures absolutely demanded + by the wants of the country. Let us earnestly hope that before the + expiration of our respective terms of service, now rapidly drawing + to a close, an all-wise Providence will so guide our counsels as to + strengthen and preserve the Federal Union, inspire reverence for the + Constitution, restore prosperity and happiness to our whole people, + and promote "on earth peace, good will toward men." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 8, 1868</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit a copy of a note of the 24th of November last addressed to + the Secretary of State by the minister of Great Britain, communicating + a decree of the district court of the United States for the southern + district of New York ordering the payment of certain sums to the + defendants in a suit against the English schooner <i>Sibyl</i>, libeled as a + prize of war. It is requisite for the fulfillment of the decree that an + appropriation of the sums specified therein should be made by Congress. + The appropriation is recommended accordingly. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 11, 1868</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 7th + instant, relating to the correspondence with the American minister at + London concerning the so-called <i>Alabama</i> claims, I transmit a report + on the subject from the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 16, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 14th + December instant, I transmit the accompanying report<a href="#note-70"><small>70</small></a> of the Secretary + of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 16, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 14th + instant, requesting the correspondence which has taken place between the + United States minister at Brazil and Rear-Admiral Davis touching the + disposition of the American squadron at Rio Janeiro and the Paraguay + difficulties, I transmit a report of the Secretary of State upon that + subject. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 16, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 8th instant, concerning + recent transactions in the region of the La Plata affecting the + political relations of the United States with Paraguay, the Argentine + Republic, Uruguay, and Brazil, I transmit a report of the Secretary of + State, which is accompanied by a copy of the papers called for by the + resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 18, 1868</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith communicate a report of the Secretary of the Interior, in + answer to a resolution adopted by the House of Representatives on the + 16th instant, making inquiries in reference to the Union Pacific + Railroad and requesting the transmission of the report of the special + commissioners appointed to examine the construction and equipment of + the road. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 4, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in compliance with the request contained + in its resolution of the 15th ultimo, a report from the Secretary of + State, communicating information in regard to the action of the mixed + commission for the adjustment of claims by citizens of the United + States against the Government of Venezuela. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 4, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives a report from the Secretary + of State, with accompanying papers, in relation to the resolution of + Congress approved July 20, 1867, "declaring sympathy with the suffering + people of Crete." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<center> + [The same message was sent to the Senate.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 4, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, an additional article to the convention of the 24th of + October, 1867, between the United States and His Majesty the King of + Denmark. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 5, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and His Hawaiian + Majesty, signed in this city on the 28th day of July last, stipulating + for an extension of the period for the exchange of the ratifications of + the convention between the same parties on the subject of commercial + reciprocity. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 7, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith, in answer to a resolution of the House of + Representatives of the 16th of December last, a report<a href="#note-71"><small>71</small></a> from the + Secretary of State of the 6th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 8, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In conformity with the requirements of the sixth section of the act of + the 22d of June, 1860, to carry into effect provisions of the treaty + with China and certain other Oriental nations, I transmit to Congress a + copy of eight rules agreed upon between the Chinese Imperial Government + and the minister of the United States and those of other foreign powers + accredited to that Government, for conducting the proceedings of the + joint tribunal in cases of confiscation and fines for breaches of the + revenue laws of that Empire. These rules, which are accompanied by + correspondence between our minister and Secretary of State on the + subject, are commended to the consideration of Congress with a view + to their approval. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 8, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 17th + ultimo, a report<a href="#note-72"><small>72</small></a> from the Secretary of State, with an accompanying + paper. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 11, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and Belgium upon + the subject of naturalization, which was signed at Brussels on the 16th + of November last. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 11, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and Belgium + concerning the rights, privileges, and immunities of consuls in the + two countries, signed at Brussels on the 5th ultimo. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 11, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, an additional article of the treaty of commerce and + navigation between the United States and Belgium of the 17th of July, + 1858, which was signed at Brussels on the 20th ultimo. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 12, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a copy of a convention between the United States and Peru, + signed at Lima on the 4th of last month, stipulating for a mixed + commission for the adjustment of claims of citizens of the two + countries. An extract from that part of the dispatch of the minister of + the United States at Lima which accompanied the copy referred to, and + which relates to it, is also transmitted. It will be seen from this + extract that it is desirable that the decision of the Senate upon + the instrument should be given as early as may be convenient. It is + consequently recommended for consideration with a view to ratification. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 13, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded at Washington, D.C., August 13, 1868, between the + United States and the Nez Perce tribe of Indians, which treaty is + supplemental to and amendatory of the treaty concluded with said tribe + June 9, 1863. A communication from the Secretary of the Interior of the + 12th instant, inclosing a copy of a report of the Commissioner of Indian + Affairs of the 11th instant, is also herewith transmitted.<a href="#note-73"><small>73</small></a> +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 14, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, together with + the original papers accompanying the same, submitted in compliance + with the resolution of the Senate of the 5th instant, requesting such + information as is furnished by the files of the War Department in + relation to the erection of fortifications at Lawrence, Kans., in 1864 + and 1865. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 15, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the opinion of the Senate as to the expediency of + concluding a convention based thereupon, a protocol, signed at London on + the 9th of October last, for regulating the citizenship of citizens of + the United States who have emigrated or who may emigrate from the United + States to the British dominions, and of British subjects who have + emigrated or who may emigrate from the British dominions to the United + States of America. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 15, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for consideration with a view to its + ratification, a copy of a treaty between the United States and Great + Britain, signed yesterday at London, providing for the reference to an + arbiter of the question of difference between the United States and + Great Britain concerning the northwest line of water boundary between + the United States and the British possessions in North America. It is + expected that the original of the convention will be forwarded by the + steamer which leaves Liverpool to-morrow. Circumstances, however, to + which it is unnecessary to advert, in my judgment make it advisable to + communicate to the Senate the copy referred to in advance of the arrival + of the original instrument. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 15, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for consideration with a view of its + ratification, a copy of a convention between the United States and + Great Britain, signed yesterday at London, providing for the adjustment + of all outstanding claims of the citizens and subjects of the parties, + respectively. It is expected that the original of the convention + will be forwarded by the steamer which leaves Liverpool to-morrow. + Circumstances, however, to which it is unnecessary to advert, in my + judgment make it advisable to communicate to the Senate the copy + referred to in advance of the arrival of the original instrument. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 18, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The resolution adopted on the 5th instant, requesting the President "to + transmit to the Senate a copy of any proclamation of amnesty made by him + since the last adjournment of Congress, and also to communicate to the + Senate by what authority of law the same was made," has been received. +</p> +<p> + I accordingly transmit herewith a copy of a proclamation dated the 25th + day of December last. The authority of law by which it was made is set + forth in the proclamation itself, which expressly affirms that it was + issued "by virtue of the power and authority in me vested by the + Constitution, and in the name of the sovereign people of the United + States," and proclaims and declares "unconditionally and without + reservation, to all and to every person who, directly or indirectly, + participated in the late insurrection or rebellion, a full pardon and + amnesty for the offense of treason against the United States, or of + adhering to their enemies during the late civil war, with restoration of + all rights, privileges, and immunities under the Constitution and the + laws which have been made in pursuance thereof." +</p> +<p> + The Federal Constitution is understood to be and is regarded by the + Executive as the supreme law of the land. The second section of article + second of that instrument provides that the President "shall have power + to grant reprieves and pardons for offenses against the United States, + except in cases of impeachment." The proclamation of the 25th ultimo is + in strict accordance with the judicial expositions of the authority thus + conferred upon the Executive, and, as will be seen by reference to the + accompanying papers, is in conformity with the precedent established by + Washington in 1795, and followed by President Adams in 1800, Madison in + 1815, and Lincoln in 1863, and by the present Executive in 1865, 1867, + and 1868. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 20, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, made in + compliance with the resolution of the Senate of the 19th ultimo, + requesting information in reference to the payment of rent for the use + of the building known as the Libby Prison, in the city of Richmond, Va. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 22, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, an additional article to the convention between the United + States and His Majesty the King of Italy for regulating the jurisdiction + of consuls. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 22, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, an additional article to the convention between the United + States and His Majesty the King of Italy for the mutual extradition of + criminals fugitives from justice. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>January 23, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for the constitutional action of + that body, a treaty concluded at the council house on the Cattaraugus + Reservation, in Erie County, N.Y., on the 4th day of December, 1868, + by Walter R. Irwin, commissioner on the part of the United States, and + the duly authorized representatives of the several tribes and bands of + Indians residing in the State of New York, A copy of a letter from the + Secretary of the Interior, dated the 22d instant, and the papers therein + referred to, in relation to the treaty, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 26, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit for the consideration of Congress, in conformity with the + requirements of the sixth section of the act of the 22d of June, 1860, + a copy of certain regulations for the consular courts in China, + prohibiting steamers sailing under the flag of the United States from + using or passing through the Straw Shoe Channel on the river Yangtse, + decreed by S. Wells Williams, chargé d'affaires, on the 1st of June, and + promulgated by George F. Seward, consul-general at Shanghai, on the 25th + of July, 1868, with the assent of five of the United States consuls in + China, G.H. Colton Salter dissenting. His objections to the regulations + are set forth in the accompanying copy of a communication of the 10th of + October last, inclosed in Consul-General Seward's dispatch of the 14th + of the game month to the Secretary of State, a copy of which is also + transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 26, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a report from the Secretary of State, with + accompanying documents, in relation to the gold medal presented to Mr. + George Peabody pursuant to the resolution of Congress of March 16, 1867. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 27, 1860</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to their + resolution of the 23d instant, the accompanying report<a href="#note-74"><small>74</small></a> from + the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 27, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of War, upon the + subject of the resolution of the Senate of the 21st instant, requesting + a copy of the report of Brevet Major-General William S. Harney upon the + Sioux and other Indians congregated under treaties made with them by the + special peace commission. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1869</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to a resolution + of the House of Representatives without date, received at the Executive + Mansion on the 10th of December, calling for correspondence in relation + to the cases of Messrs. Costello and Warren, naturalized citizens of the + United States imprisoned in Great Britain, a report from the Secretary + of State and the papers to which it refers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>January 29, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its consideration in connection + with the treaty with the New York Indians concluded November 4, 1868, + which is now before that body for its constitutional action, an + additional article of said treaty as an amendment. +</p> +<p> + A communication, dated the 28th instant, from the Secretary of the + Interior, and a copy of a report of the Commissioner of Indian Affairs, + explaining the object of the amendment, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 1, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 16th + of December last, in relation to the arrest of American citizens in + Paraguay, I transmit a report of the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 1, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In further answer to the resolution of the Senate of the 8th of December + last, concerning recent transactions in the region of the La Plata + affecting the political relations of the United States with Paraguay, + the Argentine Republic, Uruguay, and Brazil, I transmit a report from + the Secretary of State. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 2, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + two treaties made by the commissioners appointed under the act of + Congress of 20th July, 1867, to establish peace with certain hostile + tribes, viz: +</p> +<p> + A treaty concluded at Fort Laramie, Dakota Territory, on the 2Qth April, + 1868, with various bands of the Sioux or Dakota Nation of Indians. +</p> +<p> + A treaty concluded at Fort Bridger, Utah Territory, on the 3d day of + July, 1868, with the Shoshone (eastern band) and Bannock Indians. +</p> +<p> + A communication from the Secretary of the Interior, dated the 2d + instant, inclosing a copy of a letter to him from the Commissioner of + Indian Affairs of the 28th ultimo, together with the correspondence + therein referred to, relating to said treaties, are also herewith + transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit, for the consideration of Congress, a report from the + Secretary of State, and the papers which accompany it, in relation to + the encroachments of agents of the Hudsons Bay Company upon the trade + and territory of Alaska. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 4, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for the constitutional action of that + body thereon, the following treaties, concluded with various bands and + tribes of Indians by William I. Cullen, special agent for Indians in + Montana, viz: +</p> +<p> + Treaty concluded at Fort Hawley on the 13th July, 1868, with the Gros + Ventres. +</p> +<p> + Treaty concluded at Fort Hawley on the 15th July, 1868, with the River + Crow Indians. +</p> +<p> + Treaty concluded at Fort Benton September 1, 1868, with the Blackfeet + Nation (composed of the tribe of that name and the Blood and Piegan + tribes). +</p> +<p> + Treaty with the mixed bands of Shoshones, Bannocks, and Sheepeaters, + concluded at Virginia City September 24, 1868. +</p> +<p> + A letter of the Secretary of the Interior, dated the 3d instant, and + the report of the Commissioner of Indian Affairs, dated the 2d instant, + explaining the provisions of the several treaties and suggesting an + amendment of some of them, and submitting maps and papers connected with + said treaties, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 4, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 23d + January ultimo, I transmit a report<a href="#note-75"><small>75</small></a> of the Secretary of State, which is + accompanied by a copy of the correspondence called for by the resolution. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 8, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Referring to my communications of the 16th of December, 1868, and of + the 1st of February instant, addressed to the Senate in answer to the + resolution of that body of the 8th of December last, concerning recent + transactions in the region of the La Plata, I transmit a report of the + Secretary of State and the papers which accompany it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 9, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 13th + ultimo, requesting information as to expenditures by the northwestern + boundary commission, I transmit a report from the Secretary of State on + the subject, and the papers which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 9, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for the constitutional action of that + body thereon, a treaty concluded on the 2d day of September, 1868, + between the United States and the Creek Nation of Indians by their duly + authorized delegates. +</p> +<p> + A letter from the Secretary of the Interior, dated the 8th instant, and + a report of the Commissioner of Indian Affairs, dated the 6th instant, + in relation to said treaty, are also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 11, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 21st + ultimo, a report from the Secretary of State, with accompanying papers, + in relation to the establishment of the Robert College at + Constantinople. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 13, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for their action thereon, a mutual + relinquishment of the agreement between the Ottawa and Chippewa Indians + of Kansas, which agreement is appended to a treaty now before the Senate + between the United States and the Swan Creek and Black River Chippewas + and the Munsee or Christian Indians, concluded on the 1st of June, 1868. +</p> +<p> + A letter of the Secretary of the Interior of the 11th instant, together + with the papers therein referred to, is also herewith transmitted. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 15, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit, for the consideration of the Senate with a view to + ratification, a convention between the United States of America arid the + United States of Colombia for facilitating and securing the construction + of a ship canal between the Atlantic and Pacific oceans through the + continental isthmus lying without the jurisdiction of the United States + of Colombia, which instrument was signed at Bogota on the 14th instant. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 17, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith lay before the Senate, for its constitutional action thereon, + a treaty concluded on the 11th instant, in the city of Washington, + between the United States and the Sac and Fox Indians of the Missouri + and the Iowa tribe of Indians. A letter of the Secretary of the Interior + of the 16th instant, together with the letters therein referred to, + accompany the treaty. For reasons stated in the accompanying + communications, I request to withdraw from the Senate a treaty with the + Sac and Fox Indians of the Missouri, concluded February 19, 1867, now + pending before that body. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 17, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a report from the Secretary of State, with + accompanying documents, in relation to the gold medal presented to Mr. + Cyrus W. Field pursuant to the resolution of Congress of March 2, 1867. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE MANSION, <i>February 17, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith present, for the consideration of the Senate in connection + with the treaty with the Brule and other bands of Sioux Indians now + pending before that body, a communication from the Secretary of the + Interior, dated the 16th instant, and accompanying letters from the + Commissioner of Indian Affairs and P. H. Conger, United States Indian + agent for the Yankton Sioux, requesting that the benefits of said treaty + may be extended to the Yankton Sioux and all the bands and individuals + of the Dakota Sioux. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 17, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 19th + ultimo, relating to fisheries, a report from the Secretary of State and + the documents which accompanied it. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 18, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its constitutional action, a treaty + concluded on the 13th instant between the United States and the Otoe and + Missouria tribe of Indians, together with the accompanying papers. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 19, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a correspondence which has taken place + between the Secretary of State and the minister of the United States at + Paris, in relation to the use of passports by citizens of the United + States in France. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit an additional report from the Secretary of State, + representing that Messrs. Costello and Warren, citizens of the United + States imprisoned in Ireland, have been released. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 23, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of the Treasury, on + the subject of the resolution of the Senate of the 13th January last, + requesting "that the President direct the Secretary of the Treasury to + detail an officer to select from the public lands such permanent points + upon the coast of Oregon, Washington Territory, and Alaska as in his + judgment may be necessary for light-house purposes, in view of the + future commercial necessity of the Pacific Coast, and to reserve the + same for exclusive use of the United States." +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 23, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + Referring to my communication to Congress of the 26th ultimo, concerning + a decree made by the United States chargé d'affaires in China, on 1st + of June last, prohibiting steamers sailing under the flag of the United + States from using or passing through the Straw Shoe Channel on the + Yangtse River, I now transmit a copy of a dispatch of the 22d of August + last, No. 25, from S. Wells Williams, esq., and of such of the papers + accompanying it as were not contained in my former communication. I also + transmit a copy of the reply of the 6th instant made by the Secretary of + State to the above-named dispatch. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 24, 1869</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit to Congress a copy of a convention between the United States + and the Mexican Republic, providing for the adjustment of the claims of + citizens of either country against the other, signed on the 4th day of + July last, and the ratifications of which were exchanged on the 1st + instant. +</p> +<p> + It is recommended that such legislation as may be necessary to carry + this convention into effect shall receive early consideration. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 1, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the Senate of the 27th ultimo, + I return herewith their resolution of the 26th February, calling for a + statement of internal-revenue stamps issued by the Government since the + passage of the act approved July 1, 1862. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, D.C., <i>February 13, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The bill entitled "An act transferring the duties of trustees of colored + schools of Washington and Georgetown" is herewith returned to the + Senate, in which House it originated, without my approval. +</p> +<p> + The accompanying paper exhibits the fact that the legislation which the + bill proposes is contrary to the wishes of the colored residents of + Washington and Georgetown, and that they prefer that the schools for + their children should be under the management of trustees selected by + the Secretary of the Interior, whose term of office is for four years, + rather than subject to the control of bodies whose tenure of office, + depending merely upon political considerations, may be annually affected + by the elections which take place in the two cities. +</p> +<p> + The colored people of Washington and Georgetown are at present not + represented by a person of their own race in either of the boards of + trustees of public schools appointed by the municipal authorities. + Of the three trustees, however, who, under the act of July 11, 1862, + compose the board of trustees of the schools for colored children, two + are persons of color. The resolutions transmitted herewith show that + they have performed their trust in a manner entirely satisfactory to + the colored people of the two cities, and no good reason is known to + the Executive why the duties which now devolve upon them should be + transferred as proposed in the bill. +</p> +<p> + With these brief suggestions the bill is respectfully returned, and the + consideration of Congress invited to the accompanying preamble and + resolutions. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 22, 1869</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The accompanying bill, entitled "An act regulating the duties on + imported copper and copper ores," is, for the following reasons, + returned, without my approval, to the House of Representatives, in which + branch of Congress it originated. +</p> +<p> + Its immediate effect will be to diminish the public receipts, for the + object of the bill can not be accomplished without seriously affecting + the importation of copper and copper ores, from which a considerable + revenue is at present derived. While thus impairing the resources of the + Government, it imposes an additional tax upon an already overburdened + people, who should not be further impoverished that monopolies may be + fostered and corporations enriched. +</p> +<p> + It is represented—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. +</p> +<p> + It seems also to be evident that the effect of this measure will be to + enhance by 70 per cent the cost of blue vitriol—an article extensively + used in dyeing and in the manufacture of printed and colored cloths. To + produce such an augmentation in the price of this commodity will be to + discriminate against other great branches of domestic industry, and by + increasing their cost to expose them most unfairly to the effects of + foreign competition. Legislation can neither be wise nor just which + seeks the welfare of a single interest at the expense and to the injury + of many and varied interests at least equally important and equally + deserving the consideration of Congress. Indeed, it is difficult to find + any reason which will justify the interference of Government with any + legitimate industry, except so far as may be rendered necessary by the + requirements of the revenue. As has already been stated, however, the + legislative intervention proposed in the present instance will diminish, + not increase, the public receipts. +</p> +<p> + The enactment of such a law is urged as necessary for the relief of + certain mining interests upon Lake Superior, which, it is alleged, + are in a greatly depressed condition, and can only be sustained by an + enhancement of the price of copper. If this result should follow the + passage of the bill, a tax for the exclusive benefit of a single class + would be imposed upon the consumers of copper throughout the entire + country, not warranted by any need of the Government, and the avails of + which would not in any degree find their way into the Treasury of the + nation. If the miners of Lake Superior are in a condition of want, it + can not be justly affirmed that the Government should extend charity to + them in preference to those of its citizens who in other portions of the + country suffer in like manner from destitution. Least of all should the + endeavor to aid them be based upon a method so uncertain and indirect as + that contemplated by the bill, and which, moreover, proposes to continue + the exercise of its benefaction through an indefinite period of years. + It is, besides, reasonable to hope that positive suffering from want, + if it really exists, will prove but temporary in a region where + agricultural labor is so much in demand and so well compensated. A + careful examination of the subject appears to show that the present + low price of copper, which alone has induced any depression the mining + interests of Lake Superior may have recently experienced, is due to + causes which it is wholly impolitic, if not impracticable, to contravene + by legislation. These causes are, in the main, an increase in the + general supply of copper, owing to the discovery and working of + remarkably productive mines and to a coincident restriction in the + consumption and use of copper by the substitution of other and cheaper + metals for industrial purposes. It is now sought to resist by artificial + means the action of natural laws; to place the people of the United + States, in respect to the enjoyment and use of an essential commodity, + upon a different basis from other nations, and especially to compensate + certain private and sectional interests for the changes and losses which + are always incident to industrial progress. +</p> +<p> + Although providing for an increase of duties, the proposed law does not + even come within the range of protection, in the fair acceptation of the + term. It does not look to the fostering of a young and feeble interest + with a view to the ultimate attainment of strength and the capacity + of self-support. It appears to assume that the present inability for + successful production is inherent and permanent, and is more likely + to increase than to be gradually overcome; yet in spite of this it + proposes, by the exercise of the lawmaking power, to sustain that + interest and to impose it in hopeless perpetuity as a tax upon the + competent and beneficent industries of the country. +</p> +<p> + The true method for the mining interests of Lake Superior to + obtain relief, if relief is needed, is to endeavor to make their great + natural resources fully available by reducing the cost of production. + Special or class legislation can not remedy the evils which this bill + is designed to meet. They can only be overcome by laws which will effect + a wise, honest, and economical administration of the Government, a + reestablishment of the specie standard of value, and an early adjustment + of our system of State, municipal, and national taxation (especially the + latter) upon the fundamental principle that all taxes, whether collected + under the internal revenue or under a tariff, shall interfere as little + as possible with the productive energies of the people. +</p> +<p> + The bill is therefore returned, in the belief that the true interests + of the Government and of the people require that it should not become + a law. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + PROCLAMATION. +</h2> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas the President of the United States has heretofore set forth + several proclamations offering amnesty and pardon to persons who + had been or were concerned in the late rebellion against the lawful + authority of the Government of the United States, which proclamations + were severally issued on the 8th day of December, 1863, on the 26th + day of March, 1864, on the 29th day of May, 1865, on the 7th day of + September, 1867, and on the 4th day of July, in the present year; and +</p> +<p> + Whereas the authority of the Federal Government having been + reestablished in all the States and Territories within the jurisdiction + of the United States, it is believed that such prudential reservations + and exceptions as at the dates of said several proclamations were deemed + necessary and proper may now be wisely and justly relinquished, and that + an universal amnesty and pardon for participation in said rebellion + extended to all who have borne any part therein will tend to secure + permanent peace, order, and prosperity throughout the land, and to renew + and fully restore confidence and fraternal feeling among the whole + people, and their respect for and attachment to the National Government, + designed by its patriotic founders for the general good: +</p> +<p> + Now, therefore, be it known that I, Andrew Johnson, President of the + United States, by virtue of the power and authority in me vested by the + Constitution and in the name of the sovereign people of the United + States, do hereby proclaim and declare, unconditionally and without + reservation, to all and to every person who, directly or indirectly, + participated in the late insurrection or rebellion a full pardon and + amnesty for the offense of treason against the United States or of + adhering to their enemies during the late civil war, with restoration + of all rights, privileges, and immunities under the Constitution and + the laws which have been made in pursuance thereof. +</p> +<p> + In testimony whereof I have signed these presents with my hand and have + caused the seal of the United States to be hereunto affixed. +</p> +<p> + [SEAL.] +</p> +<p> + Done at the city of Washington, the 25th day of December, A.D. 1868, and + of the Independence of the United States of America the ninety-third. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> +By the President:<br> + F.W. SEWARD,<br> + <i>Acting Secretary of State</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES. +</h2> +<p> + On the 24th of February, 1868, the House of Representatives of the + Congress of the United States resolved to impeach Andrew Johnson, + President of the United States, of high crimes and misdemeanors, of + which the Senate was apprised, and arrangements were made for the trial. + On the 2d and 3d of March articles of impeachment were agreed upon by + the House of Representatives, and on the 4th they were presented to the + Senate by the managers on the part of the House, Mr. John A. Bingham, + Mr. George S. Boutwell, Mr. James F. Wilson, Mr. Benjamin F. Butler, Mr. + Thomas Williams, Mr. John A. Logan, and Mr. Thaddeus Stevens, who were + accompanied by the House as a Committee of the Whole. The articles are + as follows: +</p> +<center> + IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, <i>March 2, 1868</i>. +</center> +<p style="text-indent: -2em; padding-left: 2em;"> + ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, + IN THE NAME OF THEMSELVES AND ALL THE PEOPLE OF THE UNITED STATES, + AGAINST ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, IN MAINTENANCE + AND SUPPORT OF THEIR IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND + MISDEMEANORS IN OFFICE. +</p> +<p> + ARTICLE I. That said Andrew Johnson, President of the United States, + on the 21st day of February, A.D. 1868, at Washington, in the District + of Columbia, unmindful of the high duties of his office, of his oath + of office, and of the requirement of the Constitution that he should + take care that the laws be faithfully executed, did unlawfully and in + violation of the Constitution and laws of the United States issue an + order in writing for the removal of Edwin M. Stanton from the office + of Secretary for the Department of War, said Edwin M. Stanton having + been theretofore duly appointed and commissioned, by and with the advice + and consent of the Senate of the United States, as such Secretary; + and said Andrew Johnson, President of the United States, on the 12th + day of August, A.D. 1867, and during the recess of said Senate, having + suspended by his order Edwin M. Stanton from said office, and within + twenty days after the first day of the next meeting of said Senate—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: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + <i>Washington, D.C., February 21, 1868</i>. +</p><p class="q"> + Hon. EDWIN M. STANTON, +<br> + <i>Washington, D.C.</i> +</p><p class="q"> + SIR: By virtue of the power and authority vested in me as President by + the Constitution and laws of the United States, you are hereby removed + from office as Secretary for the Department of War, and your functions + as such will terminate upon the receipt of this communication. +</p><p class="q"> + You will transfer to Brevet Major-General Lorenzo Thomas, + Adjutant-General of the Army, who has this day been authorized and + empowered to act as Secretary of War <i>ad interim</i>, all records, books, + papers, and other public property now in your custody and charge. +</p><p class="q"> + Respectfully, yours, +<p class="q" style="text-align: right;"> + ANDREW JOHNSON. +</p> +<p> + which order was unlawfully issued with intent then and there to violate + the act entitled "An act regulating the tenure of certain civil + offices," passed March 2, 1867, and with the further intent, contrary, + to the provisions of said act, in violation thereof, and contrary to the + provisions of the Constitution of the United States, and without the + advice and consent of the Senate of the United States, the said Senate + then and there being in session, to remove said Edwin M. Stanton from + the office of Secretary for the Department of War, the said Edwin M. + Stanton being then and there Secretary for the Department of War, and + being then and there in the due and lawful execution and discharge of + the duties of said office; whereby said Andrew Johnson, President of + the United States, did then and there commit and was guilty of a high + misdemeanor in office. +</p> +<p> + ART. II. That on said 21st day of February, A.D. 1868, at Washington, in + the District of Columbia, said Andrew Johnson, President of the United + States, unmindful of the high duties of his office, of his oath of + office, and in violation of the Constitution of the United States, and + contrary to the provisions of an act entitled "An act regulating the + tenure of certain civil offices," passed March 2, 1867, without the + advice and consent of the Senate of the United States, said Senate then + and there being in session, and without authority of law, did, with + intent to violate the Constitution of the United States and the act + aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority + in substance as follows; that is to say: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + <i>Washington, D.C., February 21, 1868</i>. +</p><p class="q"> + Brevet Major-General LORENZO THOMAS, +<br> + <i>Adjutant-General United States Army, Washington, D.C.</i> +</p><p class="q"> + SIR: The Hon. Edwin M. Stanton having been this day removed from office + as Secretary for the Department of War, you are hereby authorized and + empowered to act as Secretary of War <i>ad interim</i>, and will immediately + enter upon the discharge of the duties pertaining to that office. +</p><p class="q"> + Mr. Stanton has been instructed to transfer to you all the records, + books, papers, and other public property now in his custody and charge. +</p><p class="q"> + Respectfully, yours, +</p><p class="q" style="text-align: right;"> + ANDREW JOHNSON. +</p> +<p> + then and there being no vacancy in said office of Secretary for the + Department of War; whereby said Andrew Johnson, President of the United + States, did then and there commit and was guilty of a high misdemeanor + in office. +</p> +<p> + ART. III. That said Andrew Johnson, President of the United States, on + the 21st day of February, A.D. 1868, at Washington, in the District of + Columbia, did commit and was guilty of a high misdemeanor in office in + this, that without authority of law, while the Senate of the United + States was then and there in session, he did appoint one Lorenzo Thomas + to be Secretary for the Department of War <i>ad interim</i>, without the + advice and consent of the Senate, and with intent to violate the + Constitution of the United States, no vacancy having happened in said + office of Secretary for the Department of War during the recess of the + Senate, and no vacancy existing in said office at the time, and which + said appointment, so made by said Andrew Johnson, of said Lorenzo + Thomas, is in substance as follows; that is to say: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + <i>Washington, D.C., February 21, 1868</i>. +</p><p class="q"> + Brevet Major-General LORENZO THOMAS, +<br> + <i>Adjutant-General United States Army, Washington, D.C.</i> +</p><p class="q"> + SIR: The Hon. Edwin M. Stanton having been this day removed from office + as Secretary for the Department of War, you are hereby authorized and + empowered to act as Secretary of War <i>ad interim</i>, and will immediately + enter upon the discharge of the duties pertaining to that office. +</p><p class="q"> + Mr. Stanton has been instructed to transfer to you all the records, + books, papers, and other public property now in his custody and charge. +</p><p class="q"> + Respectfully, yours, +</p><p class="q" style="text-align: right;"> + ANDREW JOHNSON. +</p> +<p> + ART. IV. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and his oath of office, in + violation of the Constitution and laws of the United States, on the 21st + day of February, A.D. 1868, at Washington, in the District of Columbia, + did unlawfully conspire with one Lorenzo Thomas, and with other persons + to the House of Representatives unknown, with intent, by intimidation + and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and + there the Secretary for the Department of War, duly appointed under the + laws of the United States, from holding said office of Secretary for the + Department of War, contrary to and in violation of the Constitution of + the United States and of the provisions of an act entitled "An act to + define and punish certain conspiracies," approved July 31, 1861; whereby + said Andrew Johnson, President of the United States, did then and there + commit and was guilty of a high crime in office. +</p> +<p> + ART. V. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and of his oath of office, + on the 21st day of February, A.D. 1868, and on divers other days and + times in said year before the 2d day of March, A.D. 1868, at Washington, + in the District of Columbia, did unlawfully conspire with one Lorenzo + Thomas, and with other persons to the House of Representatives unknown, + to prevent and hinder the execution of an act entitled "An act + regulating the tenure of certain civil offices," passed March 2, 1867, + and in pursuance of said conspiracy did unlawfully attempt to prevent + Edwin M. Stanton, then and there being Secretary for the Department + of War, duly appointed and commissioned under the laws of the United + States, from holding said office; whereby the said Andrew Johnson, + President of the United States, did then and there commit and was guilty + of a high misdemeanor in office. +</p> +<p> + ART. VI. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and of his oath of office, + on the 21st day of February, A.D. 1868, at Washington, in the District + of Columbia, did unlawfully conspire with one Lorenzo Thomas by force + to seize, take, and possess the property of the United States in the + Department of War, and then and there in the custody and charge of Edwin + M. Stanton, Secretary for said Department, contrary to the provisions + of an act entitled "An act to define and punish certain conspiracies," + approved July 31, 1861, and with intent to violate and disregard an act + entitled "An act regulating the tenure of certain civil offices," passed + March 2, 1867; whereby said Andrew Johnson, President of the United + States, did then and there commit a high crime in office. +</p> +<p> + ART. VII. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and of his oath of office, on + the 21st day of February, A.D. 1868, at Washington, in the District of + Columbia, did unlawfully conspire with one Lorenzo Thomas with intent + unlawfully to seize, take, and possess the property of the United States + in the Department of War, in the custody and charge of Edwin M. Stanton, + Secretary for said Department, with intent to violate and disregard the + act entitled "An act regulating the tenure of certain civil offices," + passed March 2, 1867; whereby said Andrew Johnson, President of the + United States, did then and there commit a high misdemeanor in office. +</p> +<p> + ART. VIII. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and of his oath of office, + with intent unlawfully to control the disbursement of the moneys + appropriated for the military service and for the Department of War, + on the 21st day of February, A.D. 1868, at Washington, in the District + of Columbia, did unlawfully, and contrary to the provisions of an act + entitled "An act regulating the tenure of certain civil offices," passed + March 2, 1867, and in violation of the Constitution of the United + States, and without the advice and consent of the Senate of the United + States, and while the Senate was then and there in session, there being + no vacancy in the office of Secretary for the Department of War, and + with intent to violate and disregard the act aforesaid, then and there + issue and deliver to one Lorenzo Thomas a letter of authority, in + writing, in substance as follows; that is to say: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + <i>Washington, D.C., February 21, 1868</i>. +</p><p class="q"> + Brevet Major-General LORENZO THOMAS, +<br> + <i>Adjutant-General United States Army, Washington, D.C.</i> +</p><p class="q"> + SIR: The Hon. Edwin M. Stanton having been this day removed from office + as Secretary for the Department of War, you are hereby authorized and + empowered to act as Secretary of War <i>ad interim</i>, and will immediately + enter upon the discharge of the duties pertaining to that office. +</p><p class="q"> + Mr. Stanton has been instructed to transfer to you all the records, + books, papers, and other public property now in his custody and charge. +</p><p class="q"> + Respectfully, yours, +</p><p class="q" style="text-align: right;"> + ANDREW JOHNSON. +</p> +<p> + whereby said Andrew Johnson, President of the United States, did then + and there commit and was guilty of a high misdemeanor in office. +</p> +<p> + ART. IX. That said Andrew Johnson, President of the United States, on + the 22d day of February, A.D. 1868, at Washington, in the District of + Columbia, in disregard of the Constitution and the laws of the United + States duly enacted, as Commander in Chief of the Army of the United + States, did bring before himself then and there William H. Emory, a + major-general by brevet in the Army of the United States, actually in + command of the Department of Washington and the military forces thereof, + and did then and there, as such Commander in Chief, declare to and + instruct said Emory that part of a law of the United States, passed + March 2, 1867, entitled "An act making appropriations for the support + of the Army for the year ending June 30, 1868, and for other purposes," + especially the second section thereof, which provides, among other + things, that "all orders and instructions relating to military + operations issued by the President or Secretary of War shall be issued + through the General of the Army, and in case of his inability through + the next in rank," was unconstitutional and in contravention of the + commission of said Emory, and which said provision of law had been + theretofore duly and legally promulgated by general order for the + government and direction of the Army of the United States, as the said + Andrew Johnson then and there well knew, with intent thereby to induce + said Emory, in his official capacity as commander of the Department of + Washington, to violate the provisions of said act and to take and + receive, act upon, and obey such orders as he, the said Andrew Johnson, + might make and give, and which should not be issued through the General + of the Army of the United States, according to the provisions of said + act, and with the further intent thereby to enable him, the said Andrew + Johnson, to prevent the execution of the act entitled "An act regulating + the tenure of certain civil offices," passed March 2, 1867, and to + unlawfully prevent Edwin M. Stanton, then being Secretary for the + Department of War, from holding said office and discharging the duties + thereof; whereby said "Andrew Johnson, President of the United States" + did then and there commit and was guilty of a high misdemeanor in + office. +</p> +<p> + And the House of Representatives, by protestation, saving to themselves + the liberty of exhibiting at any time hereafter any further articles + or other accusation or impeachment against the said Andrew Johnson, + President of the United States, and also of replying to his answers + which he shall make unto the articles herein preferred against him, and + of offering proof to the same, and every part thereof, and to all and + every other article, accusation, or impeachment which shall be exhibited + by them, as the case shall require, <i>do demand</i> that the said Andrew + Johnson may be put to answer the high crimes and misdemeanors in office + herein charged against him, and that such proceedings, examinations, + trials, and judgments may be thereupon had and given as may be agreeable + to law and justice. +</p> +<p class="r"> + SCHUYLER COLFAX, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p> + Attest: +</p> +<p class="r"> + EDWARD McPHERSON, +<br> + <i>Clerk of the House of Representatives</i>. +</p> +<p> </p><p> </p> +<center> + IN THE HOUSE OF REPRESENTATIVES, UNITED STATES, <i>March 3, 1868</i>. +</center> +<p> + The following additional articles of impeachment were agreed to, viz: +</p> +<p> + ART. X. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and the dignity and + proprieties thereof, and of the harmony and courtesies which ought to + exist and be maintained between the executive and legislative branches + of the Government of the United States, designing and intending to + set aside the rightful authority and powers of Congress, did attempt + to bring into disgrace, ridicule, hatred, contempt, and reproach the + Congress of the United States and the several branches thereof, to + impair and destroy the regard and respect of all the good people of + the United States for the Congress and legislative power thereof (which + all officers of the Government ought inviolably to preserve and + maintain), and to excite the odium and resentment of all the good + people of the United States against Congress and the laws by it duly and + constitutionally enacted; and, in pursuance of his design and intent, + openly and publicly, and before divers assemblages of the citizens of + the United States, convened in divers parts thereof to meet and receive + said Andrew Johnson as the Chief Magistrate of the United States, did, + on the 18th day of August, A.D. 1866, and on divers other days and + times, as well before as afterwards, make and deliver with a loud voice + certain intemperate, inflammatory, and scandalous harangues, and did + therein utter loud threats and bitter menaces, as well against Congress + as the laws of the United States, duly enacted thereby, amid the cries, + jeers, and laughter of the multitudes then assembled and in hearing, + which are set forth in the several specifications hereinafter written + in substance and effect; that is to say: +</p> +<p> + <i>Specification first</i>.—In this, that at Washington, in the District of + Columbia, in the Executive Mansion, to a committee of citizens who + called upon the President of the United States, speaking of and + concerning the Congress of the United States, said Andrew Johnson, + President of the United States, heretofore, to wit, on the 18th day of + August, A.D. 1866, did in a loud voice declare in substance and effect, + among other things; that is to say: +</p> +<p class="q"> + So far as the executive department of the Government is concerned, the + effort has been made to restore the Union, to heal the breach, to pour + oil into the wounds which were consequent upon the struggle, and (to + speak in common phrase) to prepare, as the learned and wise physician + would, a plaster healing in character and coextensive with the wound. + We thought and we think that we had partially succeeded; but as the work + progresses, as reconstruction seemed to be taking place and the country + was becoming reunited, we found a disturbing and marring element + opposing us. In alluding to that element I shall go no further than your + convention and the distinguished gentleman who has delivered to me the + report of its proceedings. I shall make no reference to it that I do not + believe the time and the occasion justify. +</p><p class="q"> + We have witnessed in one department of the Government every endeavor + to prevent the restoration of peace, harmony, and union. We have seen + hanging upon the verge of the Government, as it were, a body called, or + which assumes to be, the Congress of the United States, while in fact it + is a Congress of only a part of the States. We have seen this Congress + pretend to be for the Union, when its every step and act tended to + perpetuate disunion and make a disruption of the States inevitable. + * * * We have seen Congress gradually encroach, step by step, upon + constitutional rights, and violate, day after day and month after month, + fundamental principles of the Government. We have seen a Congress that + seemed to forget that there was a limit to the sphere and scope of + legislation. We have seen a Congress in a minority assume to exercise + power which, allowed to be consummated, would result in despotism or + monarchy itself. +</p> +<p> + <i>Specification second</i>.—In this, that at Cleveland, in the State + of Ohio, heretofore, to wit, on the 3d day of September, A.D. 1866, + before a public assemblage of citizens and others, said Andrew Johnson, + President of the United States, speaking of and concerning the Congress + of the United States, did in a loud voice declare in substance and + effect, among other things; that is to say: +</p> +<p class="q"> + I will tell you what I did do. I called upon your Congress that is + trying to break up the Government. +</p><p class="q"> + In conclusion, besides that, Congress had taken much pains to poison + their constituents against him. But what had Congress done? Have they + done anything to restore the Union of these States? No. On the contrary, + they have done everything to prevent it. And because he stood now where + he did when the rebellion commenced, he had been denounced as a traitor. + Who had run greater risks or made greater sacrifices than himself? But + Congress, factious and domineering, had undertaken to poison the minds + of the American people. +</p> +<p> + <i>Specification third</i>.—In this, that at St. Louis, in the State of + Missouri, heretofore, to wit, on the 8th day of September, A.D. 1866, + before a public assemblage of citizens and others, said Andrew Johnson, + President of the United States, speaking of and concerning the Congress + of the United States, did in a loud voice declare in substance and + effect, among other things; that is to say: +</p> +<p class="q"> + Go on. Perhaps if you had a word or two on the subject of New Orleans + you might understand more about it than you do. And if you will go + back—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, <i>having its origin in the Radical Congress</i>. +</p> +<hr> +<p class="q"> + So much for the New Orleans riot. And there was the cause and the origin + of the blood that was shed; and every drop of blood that was shed is + upon their skirts, and they are responsible for it. I could test this + thing a little closer, but will not do it here to-night. But when you + talk about the causes and consequences that resulted from proceedings + of that kind, perhaps, as I have been introduced here, and you have + provoked questions of this kind—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. +</p><p class="q"> + I know that I have been traduced and abused. I know it has come in + advance of me, here as elsewhere, that I have attempted to exercise an + arbitrary power in resisting laws that were intended to be forced upon + the Government; that I had exercised that power; that I had abandoned + the party that elected me, and that I was a traitor, because I exercised + the veto power in attempting and did arrest for a time a bill that was + called a "Freedmen's Bureau" bill; yes, that I was a traitor. And I have + been traduced, I have been slandered, I have been maligned, I have been + called Judas Iscariot and all that. Now, my countrymen, here to-night, + it is very easy to indulge in epithets; it is easy to call a man a Judas + and cry out "traitor;" but when he is called upon to give arguments and + facts he is very often found wanting. Judas Iscariot—Judas. There was + a Judas, and he was one of the twelve apostles. Oh, yes; the twelve + apostles had a Christ. The twelve apostles had a Christ, and he never + could have had a Judas unless he had had twelve apostles. If I have + played the Judas, who has been my Christ that I have played the Judas + with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles + Sumner? These are the men that stop and compare themselves with the + Savior, and everybody that differs with them in opinion, and to try + to stay and arrest their diabolical and nefarious policy, is to be + denounced as a Judas. +</p> +<hr> +<p class="q"> + Well, let me say to you, if you will stand by me in this action, if you + will stand by me in trying to give the people a fair chance—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. +</p><p class="q"> + Let me say to you in concluding that what I have said I intended to say. + I was not provoked into this, and I care not for their menaces, the + taunts and the jeers. I care not for threats. I do not intend to be + bullied by my enemies nor overawed by my friends. But, God willing, with + your help I will veto their measures whenever any of them come to me. +</p> +<p> + which said utterances, declarations, threats, and harangues, highly + censurable in any, are peculiarly indecent and unbecoming in the Chief + Magistrate of the United States, by means whereof said Andrew Johnson + has brought the high office of the President of the United States into + contempt, ridicule, and disgrace, to the great scandal of all good + citizens; whereby said Andrew Johnson, President of the United States, + did commit and was then and there guilty of a high misdemeanor in + office. +</p> +<p> + ART. XI. That said Andrew Johnson, President of the United States, + unmindful of the high duties of his office and of his oath of office, + and in disregard of the Constitution and laws of the United States, did + heretofore, to wit, on the 18th day of August, A.D. 1866, at the city of + Washington, in the District of Columbia, by public speech, declare and + affirm in substance that the Thirty-ninth Congress of the United States + was not a Congress of the United States authorized by the Constitution + to exercise legislative power under the same, but, on the contrary, was + a Congress of only part of the States; thereby denying and intending to + deny that the legislation of said Congress was valid or obligatory upon + him, the said Andrew Johnson, except in so far as he saw fit to approve + the same, and also thereby denying and intending to deny the power of + the said Thirty-ninth Congress to propose amendments to the Constitution + of the United States; and in pursuance of said declaration the said + Andrew Johnson, President of the United States, afterwards, to wit, + on the 21st day of February, A.D. 1868, at the city of Washington, + in the District of Columbia, did unlawfully, and in disregard of the + requirement of the Constitution that he should take care that the laws + be faithfully executed, attempt to prevent the execution of an act + entitled "An act regulating the tenure of certain civil offices," passed + March 2, 1867, by unlawfully devising and contriving, and attempting to + devise and contrive, means by which he should prevent Edwin M. Stanton + from forthwith resuming the functions of the office of Secretary for the + Department of War, notwithstanding the refusal of the Senate to concur + in the suspension theretofore made by said Andrew Johnson of said Edwin + M. Stanton from said office of Secretary for the Department of War, and + also by further unlawfully devising and contriving, and attempting to + devise and contrive, means then and there to prevent the execution of + an act entitled "An act making appropriations for the support of the + Army for the fiscal year ending June 30, 1868 and for other purposes," + approved March 2, 1867, and also to prevent the execution of an act + entitled "An act to provide for the more efficient government of the + rebel States," passed March 2, 1867, whereby the said Andrew Johnson, + President of the United States, did then, to wit, on the 21st day of + February, A.D. 1868, at the city of Washington, commit and was guilty + of a high misdemeanor in office. +</p> +<p class="r"> + SCHUYLER COLFAX, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p> + Attest: +</p> +<p class="r"> + EDWARD McPHERSON, +<br> + <i>Clerk of the House of Representatives</i>. +</p> +<p> </p><p> </p> +<center> + IN THE SENATE, <i>March 4, 1868</i>. +</center> +<p> + The President <i>pro tempore</i> laid before the Senate the following letter + from the Hon. Salmon P. Chase, Chief Justice of the Supreme Court of the + United States: +</p> +<p class="r"> + WASHINGTON, <i>March 4, 1868</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Inasmuch as the sole power to try impeachments is vested by the + Constitution in the Senate, and it is made the duty of the Chief Justice + to preside when the President is on trial, I take the liberty of + submitting, very respectfully, some observations in respect to the + proper mode of proceeding upon the impeachment which has been preferred + by the House of Representatives against the President now in office. +</p> +<p> + That when the Senate sits for the trial of an impeachment it sits as a + court seems unquestionable. +</p> +<p> + That for the trial of an impeachment of the President this court must be + constituted of the members of the Senate, with the Chief Justice + presiding, seems equally unquestionable. +</p> +<p> + The Federalist is regarded as the highest contemporary authority on the + construction of the Constitution, and in the sixty-fourth number the + functions of the Senate "sitting in their judicial capacity as a court + for the trial of impeachments" are examined. +</p> +<p> + In a paragraph explaining the reasons for not uniting "the Supreme Court + with the Senate in the formation of the court of impeachments" it is + observed that— +</p> +<p class="q"> + To a certain extent the benefits of that union will be obtained from + making the Chief Justice of the Supreme Court the president of the court + of impeachments, as is proposed by the plan of the Convention, while the + inconveniences of an entire incorporation of the former into the latter + will be substantially avoided. This was, perhaps, the prudent mean. +</p> +<p> + This authority seems to leave no doubt upon either of the propositions + just stated; and the statement of them will serve to introduce the + question upon which I think it my duty to state the result of my + reflections to the Senate, namely, At what period, in the case of + an impeachment of the President, should the court of impeachment be + organized under oath, as directed by the Constitution? +</p> +<p> + It will readily suggest itself to anyone who reflects upon the abilities + and the learning in the law which distinguish so many Senators that + besides the reason assigned in the Federalist there must have been still + another for the provision requiring the Chief Justice to preside in the + court of impeachment. Under the Constitution, in case of a vacancy in + the office of President, the Vice-President succeeds, and it was + doubtless thought prudent and befitting that the next in succession + should not preside in a proceeding through which a vacancy might be + created. +</p> +<p> + It is not doubted that the Senate, while sitting in its ordinary + capacity, must necessarily receive from the House of Representatives + some notice of its intention to impeach the President at its bar, + but it does not seem to me an unwarranted opinion, in view of this + constitutional provision, that the organization of the Senate as + a court of impeachment, under the Constitution, should precede the + actual announcement of the impeachment on the part of the House. +</p> +<p> + And it may perhaps be thought a still less unwarranted opinion that + articles of impeachment should only be presented to a court of + impeachment; that no summons or other process should issue except + from the organized court, and that rules for the government of the + proceedings of such a court should be framed only by the court itself. +</p> +<p> + I have found myself unable to come to any other conclusions than these. + I can assign no reason for requiring the Senate to organize as a court + under any other than its ordinary presiding officer for the latter + proceedings upon an impeachment of the President which does not seem + to me to apply equally to the earlier. +</p> +<p> + I am informed that the Senate has proceeded upon other views, and it is + not my purpose to contest what its superior wisdom may have directed. +</p> +<p> + All good citizens will fervently pray that no occasion may ever arise + when the grave proceedings now in progress will be cited as a precedent; + but it is not impossible that such an occasion may come. +</p> +<p> + Inasmuch, therefore, as the Constitution has charged the Chief Justice + with an important function in the trial of an impeachment of the + President, it has seemed to me fitting and obligatory, where he is + unable to concur in the views of the Senate concerning matters essential + to the trial, that his respectful dissent should appear. +</p> +<p class="r"> + S.P. CHASE, +<br> + <i>Chief Justice of the United States</i>. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h3> + PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF THE IMPEACHMENT + OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES. +</h3> +<p> </p><p> </p> +<p class="r"> + THURSDAY, MARCH 5, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + The Chief Justice of the United States entered the Senate Chamber and + was conducted to the chair by the committee appointed by the Senate for + that purpose. +</p> +<p> + The following oath was administered to the Chief Justice by Associate + Justice Nelson, and by the Chief Justice to the members of the Senate: +</p> +<p> + I do solemnly swear that in all things appertaining to the trial of + the impeachment of Andrew Johnson, President of the United States, now + pending, I will do impartial justice according to the Constitution and + laws. So help me God. +</p> +<p> </p><p> </p> +<p class="r"> + FRIDAY, MARCH 6, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + To accord with the conviction of the Chief Justice<a href="#note-76"><small>76</small></a> that the court + should adopt its own rules, those adopted on March 2 by the Senate + sitting in its legislative capacity were readopted by the Senate sitting + as a court of impeachment. The rules are as follows: +</p> +<center> + RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL + OF IMPEACHMENTS. +</center> +<p> + I. Whensoever the Senate shall receive notice from the House of + Representatives that managers are appointed on their part to conduct an + impeachment against any person, and are directed to carry articles of + impeachment to the Senate, the Secretary of the Senate shall immediately + inform the House of Representatives that the Senate is ready to receive + the managers for the purpose of exhibiting such articles of impeachment + agreeably to said notice. +</p> +<p> + II. When the managers of an impeachment shall be introduced at the bar + of the Senate and shall signify that they are ready to exhibit articles + of impeachment against any person, the Presiding Officer of the Senate + shall direct the Sergeant-at-Arms to make proclamation, who shall, after + making proclamation, repeat the following words, viz: +</p> +<p class="q"> + All persons are commanded to keep silence, on pain of imprisonment, + while the House of Representatives is exhibiting to the Senate of the + United States articles of impeachment against ———— ————. +</p> +<p> + after which the articles shall be exhibited; and then the Presiding + Officer of the Senate shall inform the managers that the Senate will + take proper order on the subject of the impeachment, of which due notice + shall be given to the House of Representatives. +</p> +<p> + III. Upon such articles being presented to the Senate, the Senate shall, + at 1 o'clock afternoon of the day (Sunday excepted) following such + presentation, or sooner if so ordered by the Senate, proceed to the + consideration of such articles, and shall continue in session from day + to day (Sundays excepted) after the trial shall commence (unless + otherwise ordered by the Senate) until final judgment shall be rendered, + and so much longer as may in its judgment be needful. Before proceeding + to the consideration of the articles of impeachment the Presiding + Officer shall administer the oath hereinafter provided to the members of + the Senate then present, and to the other members of the Senate as they + shall appear, whose duty it shall be to take the same. +</p> +<p> + IV. When the President of the United States, or the Vice-President + of the United States upon whom the powers and duties of the office of + President shall have devolved, shall be impeached, the Chief Justice + of the Supreme Court of the United States shall preside; and in a case + requiring the said Chief Justice to preside notice shall be given to him + by the Presiding Officer of the Senate of the time and place fixed for + the consideration of the articles of impeachment as aforesaid, with a + request to attend; and the said Chief Justice shall preside over the + Senate during the consideration of said articles and upon the trial + of the person impeached therein. +</p> +<p> + V. The Presiding Officer shall have power to make and issue, by himself + or by the Secretary of the Senate, all orders, mandates, writs, and + precepts authorized by these rules or by the Senate, and to make and + enforce such other regulations and orders in the premises as the Senate + may authorize or provide. +</p> +<p> + VI. The Senate shall have power to compel the attendance of witnesses, + to enforce obedience to its orders, mandates, writs, precepts, and + judgments, to preserve order, and to punish in a summary way contempts + of and disobedience to its authority, orders, mandates, writs, precepts, + or judgments, and to make all lawful orders, rules, and regulations + which it may deem essential or conducive to the ends of justice; and the + Sergeant-at-Arms, under the direction of the Senate, may employ such aid + and assistance as may be necessary to enforce, execute, and carry into + effect the lawful orders, mandates, writs, and precepts of the Senate. +</p> +<p> + VII. The Presiding Officer of the Senate shall direct all necessary + preparations in the Senate Chamber, and the presiding officer upon the + trial shall direct all the forms of proceeding while the Senate are + sitting for the purpose of trying an impeachment and all forms during + the trial not otherwise specially provided for. The presiding officer + may, in the first instance, submit to the Senate, without a division, + all questions of evidence and incidental questions; but the same shall, + on the demand of one-fifth of the members present, be decided by yeas + and nays. +</p> +<p> + VIII. Upon the presentation of articles of impeachment and the + organization of the Senate as hereinbefore provided, a writ of summons + shall issue to the accused, reciting said articles and notifying him to + appear before the Senate upon a day and at a place to be fixed by the + Senate, and named in such writ, and file his answer to said articles of + impeachment, and to stand to and abide the orders and judgments of the + Senate thereon, which writ shall be served by such officer or person as + shall be named in the precept thereof such number of days prior to the + day fixed for such appearance as shall be named in such precept, either + by the delivery of an attested copy thereof to the person accused or, + if that can not conveniently be done, by leaving such copy at the last + known place of abode of such person or at his usual place of business, + in some conspicuous place therein; or, if such service shall be, in the + judgment of the Senate, impracticable, notice to the accused to appear + shall be given in such other manner, by publication or otherwise, as + shall be deemed just; and if the writ aforesaid shall fail of service + in the manner aforesaid, the proceedings shall not thereby abate, but + further service may be made in such manner as the Senate shall direct. + If the accused, after service, shall fail to appear, either in person or + by attorney, on the day so fixed therefor as aforesaid, or, appearing, + shall fail to file his answer to such articles of impeachment, the trial + shall proceed, nevertheless, as upon a plea of not guilty. If a plea of + guilty shall be entered, judgment may be entered thereon without further + proceedings. +</p> +<p> + IX. At 12 o'clock and 30 minutes afternoon of the day appointed for the + return of the summons against the person impeached the legislative and + executive business of the Senate shall be suspended and the Secretary of + the Senate shall administer an oath to the returning officer in the form + following, viz: +</p> +<p class="q"> + I, ———— ————, 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. +</p><p class="q"> + So help me God. +</p> +<p> + which oath shall be entered at large on the records. +</p> +<p> + X. The person impeached shall then be called to appear and answer the + articles of impeachment against him. If he appear, or any person for + him, the appearance shall be recorded, stating particularly if by + himself or by agent or attorney, naming the person appearing and the + capacity in which he appears, If he do not appear, either personally + or by agent or attorney, the same shall be recorded. +</p> +<p> + XI. At 12 o'clock and 30 minutes afternoon of the day appointed for the + trial of an impeachment the legislative and executive business of the + Senate shall be suspended and the Secretary shall give notice to the + House of Representatives that the Senate is ready to proceed upon the + impeachment of ———— ————, in the Senate Chamber, which chamber + is prepared with accommodations for the reception of the House of + Representatives. +</p> +<p> + XII. The hour of the day at which the Senate shall sit upon the trial of + an impeachment shall be (unless otherwise ordered) 12 o'clock m., and + when the hour for such sitting shall arrive the Presiding Officer of the + Senate shall so announce; and thereupon the presiding officer upon such + trial shall cause proclamation to be made, and the business of the trial + shall proceed. The adjournment of the Senate sitting in said trial shall + not operate as an adjournment of the Senate, but on such adjournment the + Senate shall resume the consideration of its legislative and executive + business. +</p> +<p> + XIII. The Secretary of the Senate shall record the proceedings in cases + of impeachment as in the case of legislative proceedings, and the same + shall be reported in the same manner as the legislative proceedings of + the Senate. +</p> +<p> + XIV. Counsel for the parties shall be admitted to appear and be heard + upon an impeachment. +</p> +<p> + XV. All motions made by the parties or their counsel shall be addressed + to the presiding officer, and if he or any Senator shall require it they + shall be committed to writing and read at the Secretary's table. +</p> +<p> + XVI. Witnesses shall be examined by one person on behalf of the party + producing them and then cross-examined by one person on the other side. +</p> +<p> + XVII. If a Senator is called as a witness, he shall be sworn and give + his testimony standing in his place. +</p> +<p> + XVIII. If a Senator wishes a question to be put to a witness, or to + offer a motion or order (except a motion to adjourn), it shall be + reduced to writing and put by the presiding officer. +</p> +<p> + XIX. At all times while the Senate is sitting upon the trial of an + impeachment the doors of the Senate shall be kept open, unless the + Senate shall direct the doors to be closed while deliberating upon + its decisions. +</p> +<p> + XX. All preliminary or interlocutory questions and all motions shall be + argued for not exceeding one hour on each side, unless the Senate shall + by order extend the time. +</p> +<p> + XXI. The case on each side shall be opened by one person. The final + argument on the merits may be made by two persons on each side (unless + otherwise ordered by the Senate, upon application for that purpose), + and the argument shall be opened and closed on the part of the House + of Representatives. +</p> +<p> + XXII. On the final question whether the impeachment is sustained the + yeas and nays shall be taken on each article of impeachment separately, + and if the impeachment shall not, upon any of the articles presented, be + sustained by the votes of two-thirds of the members present a judgment + of acquittal shall be entered; but if the person accused in such + articles of impeachment shall be convicted upon any of said articles by + the votes of two-thirds of the members present the Senate shall proceed + to pronounce judgment, and a certified copy of such judgment shall be + deposited in the office of the Secretary of State. +</p> +<p> + XXIII. All the orders and decisions shall be made and had by yeas and + nays, which shall be entered on the record, and without debate, except + when the doors shall be closed for deliberation, and in that case no + member shall speak more than once on one question, and for not more than + ten minutes on an interlocutory question, and for not more than fifteen + minutes on the final question, unless by consent of the Senate, to be + had without debate; but a motion to adjourn may be decided without the + yeas and nays, unless they be demanded by one-fifth of the members + present. +</p> +<p> + XXIV. Witnesses shall be sworn in the following form, viz: +</p> +<p class="q"> + You, ———— ————, 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. +</p> +<p> + which oath shall be administered by the Secretary or any other duly + authorized person. +</p> +<p> + Form of subpoena to be issued on the application of the managers of + the impeachment, or of the party impeached, or of his counsel: +</p> +<p class="q"> + <i>To</i> ———— ————; <i>greeting</i>: +</p><p class="q"> + You and each of you are hereby commanded to appear before the Senate of + the United States on the —— 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 ———— ————. +</p><p class="q"> + Fail not. +</p><p class="q"> + 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 ———. +</p> +<p> + Form of direction for the service of said subpoena: +</p> +<p class="q"> + <i>The Senate of the United States to</i> ———— ————, <i>greeting</i>: +</p><p class="q"> + You are hereby commanded to serve and return the within subpoena + according to law. +</p><p class="q"> + Dated at Washington, this —— day of ——, A.D. ——, and of the + Independence of the United States the ———. +</p><p class="q" style="text-align: right;"> + <i>Secretary of the Senate</i>. +</p> +<p> + Form of oath to be administered to the members of the Senate sitting in + the trial of impeachments: +</p> +<p class="q"> + I solemnly swear (or affirm, as the case may be) that in all things + appertaining to the trial of the impeachment of ———— ————, now + pending, I will do impartial justice according to the Constitution and + laws. So help me God. +</p> +<p> + Form of summons to be issued and served upon the person impeached. +</p> +<p class="q"> + THE UNITED STATES OF AMERICA, <i>ss</i>: +</p><p class="q"> + <i>The Senate of the United States to</i> ———— ————, <i>greeting</i>: +</p><p class="q"> + 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: +</p><p class="q"> + [Here insert the articles.] +</p><p class="q"> + 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: +</p><p class="q"> + 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. +</p><p class="q"> + Hereof you are not to fail. +</p><p class="q"> + 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 ———. +</p> +<p> + Form of precept to be indorsed on said writ of summons: +</p> +<p class="q"> + THE UNITED STATES OF AMERICA, <i>ss</i>: +</p><p class="q"> + <i>The Senate of the United States to</i> ———— ————, <i>greeting</i>: +</p><p class="q"> + 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. +</p><p class="q"> + Fail not, and make return of this writ of summons and precept, with your + proceedings thereon indorsed, on or before the appearance day mentioned + in the said writ of summons. +</p><p class="q"> + Witness ———— ————, 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 ———. +</p> +<p> + All process shall be served by the Sergeant-at-Arms of the Senate unless + otherwise ordered by the court. +</p> +<p> + XXV. If the Senate shall at any time fail to sit for the consideration + of articles of impeachment on the day or hour fixed therefor, the Senate + may by an order, to be adopted without debate, fix a day and hour for + resuming such consideration. +</p> +<p> + On March 31 Rule VII was amended to read as follows: +</p> +<p> + VII. The Presiding Officer of the Senate shall direct all necessary + preparations in the Senate Chamber, and the presiding officer on the + trial shall direct all the forms of proceeding while the Senate are + sitting for the purpose of trying an impeachment, and all forms during + the trial not otherwise specially provided for, and the presiding + officer on the trial may rule all questions of evidence and incidental + questions, which ruling shall stand as the judgment of the Senate, + unless some member of the Senate shall ask that a formal vote be taken + thereon, in which case it shall be submitted to the Senate for decision; + or he may, at his option, in the first instance submit any such question + to a vote of the members of the Senate. +</p> +<p> + On April 3 Rule VII was further amended by inserting at the end thereof + the following: +</p> +<p> + Upon all such questions the vote shall be without a division, unless the + yeas and nays be demanded by one-fifth of the members present, when the + same shall be taken. +</p> +<p> + On March 13 Rule XXIII was amended to read as follows: +</p> +<p> + XXIII. All the orders and decisions shall be made and had by yeas and + nays, which shall be entered on the record, and without debate, subject, + however, to the operation of Rule VII, except when the doors shall be + closed for deliberation, and in that case no member shall speak more + than once on one question, and for not more than ten minutes on an + interlocutory question, and for not more than fifteen minutes on the + final question, unless by consent of the Senate, to be had without + debate; but a motion to adjourn may be decided without the yeas and + nays, unless they be demanded by one-fifth of the members present. +</p> +<p> + On May 7 Rule XXIII was further amended by adding thereto the following: +</p> +<p> + The fifteen minutes herein allowed shall be for the whole deliberation + on the final question, and not to the final question on each article of + impeachment. +</p> +<p> </p><p> </p> +<p class="r"> + FRIDAY, MARCH 13, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + Mr. Henry Stanbery, in behalf of Andrew Johnson, the respondent, read + the following paper: +</p> +<p> + In the matter of the impeachment of Andrew Johnson, President of the + United States. +</p> +<p> + Mr. CHIEF JUSTICE: I, Andrew Johnson, President of the United States, + having been served with a summons to appear before this honorable court, + sitting as a court of impeachment, to answer certain articles of + impeachment found and presented against me by the honorable the House + of Representatives of the United States, do hereby enter my appearance + by my counsel, Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, + William M. Evarts, and Thomas A.R. Nelson, who have my warrant and + authority therefor, and who are instructed by me to ask of this + honorable court a reasonable time for the preparation of my answer + to said articles. After a careful examination of the articles of + impeachment and consultation with my counsel, I am satisfied that at + least forty days will be necessary for the preparation of my answer, + and I respectfully ask that it be allowed. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> + Mr. Stanbery then submitted the following motion: +</p> +<p> + In the matter of the impeachment of Andrew Johnson, President of the + United States. +</p> +<p> + Henry Stanbery, Benjamin R. Curtis, Jeremiah S. Black, William M. + Evarts, and Thomas A.R. Nelson, of counsel for the respondent, move the + court for the allowance of forty days for the preparation of the answer + to the articles of impeachment, and in support of the motion make the + following professional statement: +</p> +<p> + The articles are eleven in number, involving many questions of law + and fact. We have during the limited time and opportunity afforded us + considered as far as possible the field of investigation which must be + explored in the preparation of the answer, and the conclusion at which + we have arrived is that with the utmost diligence the time we have asked + is reasonable and necessary. +</p> +<p> + The precedents as to time for answer upon impeachments before the Senate + to which we have had opportunity to refer are those of Judge Chase and + Judge Peck. +</p> +<p> + In the case of Judge Chase time was allowed from the 3d of January until + the 4th of February next succeeding to put in his answer—a period of + thirty-two days; but in this case there were only eight articles, and + Judge Chase had been for a year cognizant of most of the articles, and + had been himself engaged in preparing to meet them. +</p> +<p> + In the case of Judge Peck there was but a single article. Judge Peck + asked for time from the 10th to the 25th of May to put in his answer, + and it was granted. It appears that Judge Peck had been long cognizant + of the ground laid for his impeachment, and had been present before the + committee of the House upon the examination of the witnesses, and had + been permitted by the House of Representatives to present to that body + an elaborate answer to the charges. +</p> +<p> + It is apparent that the President is fairly entitled to more time than + was allowed in either of the foregoing cases. It is proper to add that + the respondents in these cases were lawyers, fully capable of preparing + their own answers, and that no pressing official duties interfered with + their attention to that business; whereas the President, not being a + lawyer, must rely on his counsel. The charges involve his acts, + declarations, and intentions, as to all which his counsel must be fully + advised upon consultation with him, step by step, in the preparation of + his defense. It is seldom that a case requires such constant + communication between client and counsel as this, and yet such + communication can only be had at such intervals as are allowed to the + President from the usual hours that must be devoted to his high official + duties. +</p> +<p> + We further beg leave to suggest for the consideration of this honorable + court that, as counsel careful as well of their own reputation as of + the interests of their client in a case of such magnitude as this, so + out of the ordinary range of professional experience, where so much + responsibility is felt, they submit to the candid consideration of the + court that they have a right to ask for themselves such opportunity to + discharge their duty as seems to them to be absolutely necessary. +</p> +<p><br> + HENRY STANBERY,<br> + B.R. CURTIS,<br> + JEREMIAH S. BLACK, WILLIAM M. EVARTS, } Per H.S.<br> + THOMAS A.R. NELSON,<br> + <i>Of Counsel for the Respondent</i>. +</p> +<p> + The above motion was denied, and the Senate adopted the following orders: +</p> +<p> + <i>Ordered</i>, That the respondent file answer to the articles of + impeachment on or before Monday, the 23d day of March instant. +</p> +<p> + <i>Ordered</i>, That unless otherwise ordered by the Senate, for cause shown, + the trial of the pending impeachment shall proceed immediately after + replication shall be filed. +</p> +<p> </p><p> </p> +<p class="r"> + MONDAY, MARCH 23, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + The answer of the respondent to the articles of impeachment was + submitted by his counsel, as follows: +</p> +<p> + Senate of the United States, sitting as a court of impeachment for the + trial of Andrew Johnson, President of the United States. +</p> +<p style="text-indent: -2em; padding-left: 2em;"> + THE ANSWER OF THE SAID ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, + TO THE ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF + REPRESENTATIVES OF THE UNITED STATES. +</p> +<p> + <i>Answer to Article I</i>.—For answer to the first article he says that + Edwin M. Stanton was appointed Secretary for the Department of War on + the 15th day of January, A.D. 1862, by Abraham Lincoln, then President + of the United States, during the first term of his Presidency, and was + commissioned, according to the Constitution and laws of the United + States, to hold the said office during the pleasure of the President; + that the office of Secretary for the Department of War was created by an + act of the First Congress in its first session, passed on the 7th day of + August, A.D. 1789, and in and by that act it was provided and enacted + that the said Secretary for the Department of War shall perform and + execute such duties as shall from time to time be enjoined on and + intrusted to him by the President of the United States, agreeably to the + Constitution, relative to the subjects within the scope of the said + Department; and, furthermore, that the said Secretary shall conduct the + business of the said Department in such a manner as the President of the + United States shall from time to time order and instruct. +</p> +<p> + And this respondent, further answering, says that by force of the act + aforesaid and by reason of his appointment aforesaid the said Stanton + became the principal officer in one of the Executive Departments of the + Government within the true intent and meaning of the second section + of the second article of the Constitution of the United States and + according to the true intent and meaning of that provision of the + Constitution of the United States; and, in accordance with the settled + and uniform practice of each and every President of the United States, + the said Stanton then became, and so long as he should continue to hold + the said office of Secretary for the Department of War must continue to + be, one of the advisers of the President of the United States, as well + as the person intrusted to act for and represent the President in + matters enjoined upon him or intrusted to him by the President touching + the Department aforesaid, and for whose conduct in such capacity, + subordinate to the President, the President is by the Constitution and + laws of the United States made responsible. +</p> +<p> + And this respondent, further answering, says he succeeded to the office + of President of the United States upon and by reason of the death of + Abraham Lincoln, then President of the United States, on the 15th day + of April, 1865, and the said Stanton was then holding the said office + of Secretary for the Department of War under and by reason of the + appointment and commission aforesaid; and not having been removed from + the said office by this respondent, the said Stanton continued to hold + the same under the appointment and commission aforesaid, at the pleasure + of the President, until the time hereinafter particularly mentioned, + and at no time received any appointment or commission save as above + detailed. +</p> +<p> + And this respondent, further answering, says that on and prior to the + 5th day of August, A.D. 1867, this respondent, the President of the + United States, responsible for the conduct of the Secretary for the + Department of War, and having the constitutional right to resort to + and rely upon the person holding that office for advice concerning + the great and difficult public duties enjoined on the President by + the Constitution and laws of the United States, became satisfied that + he could not allow the said Stanton to continue to hold the office + of Secretary for the Department of War without hazard of the public + interest; that the relations between the said Stanton and the President + no longer permitted the President to resort to him for advice or to be, + in the judgment of the President, safely responsible for his conduct of + the affairs of the Department of War, as by law required, in accordance + with the orders and instructions of the President; and thereupon, by + force of the Constitution and laws of the United States, which devolve + on the President the power and the duty to control the conduct of the + business of that Executive Department of the Government, and by reason + of the constitutional duty of the President to take care that the laws + be faithfully executed, this respondent did necessarily consider and did + determine that the said Stanton ought no longer to hold the said office + of Secretary for the Department of War. And this respondent, by virtue + of the power and authority vested in him as President of the United + States by the Constitution and laws of the United States, to give effect + to such his decision and determination, did, on the 5th day of August, + A.D. 1867, address to the said Stanton a note of which the following + is a true copy: +</p> +<p class="q"> + SIR: Public considerations of a high character constrain me to say that + your resignation as Secretary of War will be accepted. +</p> +<p> + To which note the said Stanton made the following reply: +</p> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT, +<br> + <i>Washington, August</i> 5, <i>1867</i>. +</p><p class="q"> + SIR: Your note of this day has been received, stating that "public + considerations of a high character constrain" you "to say that" my + "resignation as Secretary of War will be accepted." +</p><p class="q"> + In reply I have the honor to say that public considerations of a high + character, which alone have induced me to continue at the head of this + Department, constrain me not to resign the office of Secretary of War + before the next meeting of Congress. +</p><p class="q"> + Very respectfully, yours, +</p><p class="q" style="text-align: right;"> + EDWIN M. STANTON. +</p> +<p> + This respondent, as President of the United States, was thereon of + opinion that, having regard to the necessary official relations and + duties of the Secretary for the Department of War to the President of + the United States, according to the Constitution and laws of the United + States, and having regard to the responsibility of the President for + the conduct of the said Secretary, and having regard to the permanent + executive authority of the office which the respondent holds under + the Constitution and laws of the United States, it was impossible, + consistently with the public interests, to allow the said Stanton to + continue to hold the said office of Secretary for the Department of War; + and it then became the official duty of the respondent, as President of + the United States, to consider and decide what act or acts should and + might lawfully be done by him, as President of the United States, to + cause the said Stanton to surrender the said office. +</p> +<p> + This respondent was informed and verily believed that it was practically + settled by the First Congress of the United States, and had been so + considered and uniformly and in great numbers of instances acted on by + each Congress and President of the United States, in succession, from + President Washington to and including President Lincoln, and from the + First Congress to the Thirty-ninth Congress, that the Constitution of + the United States conferred on the President, as part of the executive + power and as one of the necessary means and instruments of performing + the executive duty expressly imposed on him by the Constitution of + taking care that the laws be faithfully executed, the power at any and + all times of removing from office all executive officers for cause to be + judged of by the President alone. This respondent had, in pursuance of + the Constitution, required the opinion of each principal officer of the + Executive Departments upon this question of constitutional executive + power and duty, and had been advised by each of them, including + the said Stanton, Secretary for the Department of War, that under + the Constitution of the United States this power was lodged by + the Constitution in the President of the United States, and that, + consequently, it could be lawfully exercised by him, and the Congress + could not deprive him thereof; and this respondent, in his capacity of + President of the United States, and because in that capacity he was both + enabled and bound to use his best judgment upon this question, did, in + good faith and with an earnest desire to arrive at the truth, come to + the conclusion and opinion, and did make the same known to the honorable + the Senate of the United States by a message dated on the 2d day of + March, 1867 (a true copy whereof is hereunto annexed and marked A), that + the power last mentioned was conferred and the duty of exercising it in + fit cases was imposed on the President by the Constitution of the United + States, and that the President could not be deprived of this power + or relieved of this duty, nor could the same be vested by law in the + President and the Senate jointly, either in part or whole; and this has + ever since remained and was the opinion of this respondent at the time + when he was forced as aforesaid to consider and decide what act or acts + should and might lawfully be done by this respondent, as President of + the United States, to cause the said Stanton to surrender the said + office. +</p> +<p> + This respondent was also then aware that by the first section of "An act + regulating the tenure of certain civil offices," passed March 2, 1867, + by a constitutional majority of both Houses of Congress, it was enacted + as follows: +</p> +<p class="q"> + That every person holding any civil office to which he has been + appointed by and with the advice and consent of the Senate, and every + person who shall hereafter be appointed to any such office and shall + become duly qualified to act therein, is and shall be entitled to hold + such office until a successor shall have been in like manner appointed + and duly qualified, except as herein otherwise provided: <i>Provided</i>, + That the Secretaries of State, of the Treasury, of War, of the Navy, + and of the Interior, the Postmaster-General, and the Attorney-General + shall hold their offices, respectively, for and during the term of the + President by whom they may have been appointed and one month thereafter, + subject to removal by and with the advice and consent of the Senate. +</p> +<p> + This respondent was also aware that this act was understood and intended + to be an expression of the opinion of the Congress by which that act + was passed that the power to remove executive officers for cause might + by law be taken from the President and vested in him and the Senate + jointly; and although this respondent had arrived at and still retained + the opinion above expressed, and verily believed, as he still believes, + that the said first section of the last-mentioned act was and is wholly + inoperative and void by reason of its conflict with the Constitution of + the United States, yet, inasmuch as the same had been enacted by the + constitutional majority in each of the two Houses of that Congress, this + respondent considered it to be proper to examine and decide whether the + particular case of the said Stanton, on which it was this respondent's + duty to act, was within or without the terms of that first section of + the act, or, if within it, whether the President had not the power, + according to the terms of the act, to remove the said Stanton from the + office of Secretary for the Department of War; and having, in his + capacity of President of the United States, so examined and considered, + did form the opinion that the case of the said Stanton and his tenure of + office were not affected by the first section of the last-named act. +</p> +<p> + And this respondent, further answering, says that although a case thus + existed which, in his judgment, as President of the United States, + called for the exercise of the executive power to remove the said + Stanton from the office of Secretary for the Department of War; and + although this respondent was of opinion, as is above shown, that under + the Constitution of the United States the power to remove the said + Stanton from the said office was vested in the President of the United + States; and although this respondent was also of the opinion, as is + above shown, that the case of the said Stanton was not affected by + the first section of the last-named act; and although each of the + said opinions had been formed by this respondent upon an actual case, + requiring him, in his capacity of President of the United States, to + come to some judgment and determination thereon, yet this respondent, + as President of the United States, desired and determined to avoid, if + possible, any question of the construction and effect of the said first + section of the last-named act, and also the broader question of the + executive power conferred upon the President of the United States by + the Constitution of the United States to remove one of the principal + officers of one of the Executive Departments for cause seeming to him + sufficient; and this respondent also desired and determined that if, + from causes over which he could exert no control, it should become + absolutely necessary to raise and have in some way determined either + or both of the said last-named questions, it was in accordance with the + Constitution of the United States, and was required of the President + thereby, that questions of so much gravity and importance, upon which + the legislative and executive departments of the Government had + disagreed, which involved powers considered by all branches of the + Government, during its entire history down to the year 1867, to have + been confided by the Constitution of the United States to the President, + and to be necessary for the complete and proper execution of his + constitutional duties, should be in some proper way submitted to that + judicial department of the Government intrusted by the Constitution + with the power, and subjected by it to the duty, not only of + determining finally the construction and effect of all acts of Congress, + but of comparing them with the Constitution of the United States + and pronouncing them inoperative when found in conflict with that + fundamental law which the people have enacted for the government of + all their servants. And to these ends, first, that through the action + of the Senate of the United States the absolute duty of the President + to substitute some fit person in place of Mr. Stanton as one of his + advisers, and as a principal subordinate officer whose official conduct + he was responsible for and had lawful right to control, might, if + possible, be accomplished without the necessity of raising any one + of the questions aforesaid; and, second, if this duty could not + be so performed, then that these questions, or such of them as might + necessarily arise, should be judicially determined in manner aforesaid, + and for no other end or purpose, this respondent, as President of the + United States, on the 12th day of August, 1867, seven days after the + reception of the letter of the said Stanton of the 5th of August, + hereinbefore stated, did issue to the said Stanton the order + following, namely: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + <i>Washington, August 12, 1867</i>. +</p><p class="q"> + Hon. EDWIN M. STANTON, +<br> + <i>Secretary of War</i>. +</p><p class="q"> + SIR: By virtue of the power and authority vested in me as President by + the Constitution and laws of the United States, you are hereby suspended + from office as Secretary of War, and will cease to exercise any and all + functions pertaining to the same. +</p><p class="q"> + You will at once transfer to General Ulysses S. Grant, who has this day + been authorized and empowered to act as Secretary of War <i>ad interim</i>, + all records, books, papers, and other public property now in your + custody and charge. +</p> +<p> + To which said order the said Stanton made the following reply: +</p> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT, +<br> + <i>Washington City, August 12, 1867</i>. +</p><p class="q"> + The PRESIDENT. +</p><p class="q"> + SIR: Your note of this date has been received, informing me that by + virtue of the powers vested in you as President by the Constitution + and laws of the United States I am suspended from office as Secretary + of War, and will cease to exercise any and all functions pertaining to + the same; and also directing me at once to transfer to General Ulysses + S. Grant, who has this day been authorized and empowered to act as + Secretary of War <i>ad interim</i>, all records, books, papers, and other + public property now in my custody and charge. +</p><p class="q"> + Under a sense of public duty, I am compelled to deny your right under + the Constitution and laws of the United States, without the advice and + consent of the Senate and without legal cause, to suspend me from office + as Secretary of War, or the exercise of any or all functions pertaining + to the same, or without such advice and consent to compel me to transfer + to any person the records, books, papers, and public property in my + custody as Secretary. +</p><p class="q"> + But inasmuch as the General Commanding the armies of the United States + has been appointed <i>ad interim</i>, and has notified me that he has + accepted the appointment, I have no alternative but to submit, under + protest, to superior force. +</p> +<p> + And this respondent, further answering, says that it is provided in and + by the second section of "An act regulating the tenure of certain civil + offices" that the President may suspend an officer from the performance + of the duties of the office held by him, for certain causes therein + designated, until the next meeting of the Senate and until the case + shall be acted on by the Senate; that this respondent, as President + of the United States, was advised, and he verily believed, and still + believes, that the executive power of removal from office confided to + him by the Constitution as aforesaid includes the power of suspension + from office at the pleasure of the President; and this respondent, by + the order aforesaid, did suspend the said Stanton from office, not until + the next meeting of the Senate or until the Senate should have acted + upon the case, but, by force of the power and authority vested in him by + the Constitution and laws of the United States, indefinitely and at the + pleasure of the President; and the order, in form aforesaid, was made + known to the Senate of the United States on the 12th day of December, + A.D. 1867, as will be more fully hereinafter stated. +</p> +<p> + And this respondent, further answering, says that in and by the act of + February 13, 1795, it was, among other things, provided and enacted that + in case of vacancy in the office of Secretary for the Department of + War it shall be lawful for the President, in case he shall think it + necessary, to authorize any person to perform the duties of that office + until a successor be appointed or such vacancy filled, but not exceeding + the term of six months; and this respondent, being advised and believing + that such law was in full force and not repealed, by an order dated + August 12, 1867, did authorize and empower Ulysses S. Grant, General of + the armies of the United States, to act as Secretary for the Department + of War <i>ad interim</i>, in the form in which similar authority had + theretofore been given, not until the next meeting of the Senate and + until the Senate should act on the case, but at the pleasure of the + President, subject only to the limitation of six months in the said + last-mentioned act contained; and a copy of the last-named order was + made known to the Senate of the United States on the 12th day of + December, A.D. 1867, as will be hereinafter more fully stated; and in + pursuance of the design and intention aforesaid, if it should become + necessary, to submit the said questions to a judicial determination, + this respondent, at or near the date of the last-mentioned order, did + make known such his purpose to obtain a judicial decision of the said + questions, or such of them as might be necessary. +</p> +<p> + And this respondent, further answering, says that in further pursuance + of his intention and design, if possible, to perform what he judged to + be his imperative duty, to prevent the said Stanton from longer holding + the office of Secretary for the Department of War, and at the same time + avoiding, if possible, any question respecting the extent of the power + of removal from executive office confided to the President by the + Constitution of the United States, and any question respecting the + construction and effect of the first section of the said "Act regulating + the tenure of certain civil offices," while he should not by any act of + his abandon and relinquish either a power which he believed the + Constitution had conferred on the President of the United States to + enable him to perform the duties of his office or a power designedly + left to him by the first section of the act of Congress last aforesaid, + this respondent did, on the 12th day of December, 1867, transmit to the + Senate of the United States a message, a copy whereof is hereunto + annexed and marked B, wherein he made known the orders aforesaid and + the reasons which had induced the same, so far as this respondent then + considered it material and necessary that the same should be set forth, + and reiterated his views concerning the constitutional power of removal + vested in the President, and also expressed his views concerning the + construction of the said first section of the last-mentioned act, as + respected the power of the President to remove the said Stanton from + the said office of Secretary for the Department of War, well hoping that + this respondent could thus perform what he then believed, and still + believes, to be his imperative duty in reference to the said Stanton + without derogating from the powers which this respondent believed were + confided to the President by the Constitution and laws, and without + the necessity of raising judicially any questions respecting the same. +</p> +<p> + And this respondent, further answering, says that this hope not having + been realized, the President was compelled either to allow the said + Stanton to resume the said office and remain therein contrary to the + settled convictions of the President, formed as aforesaid, respecting + the powers confided to him and the duties required of him by the + Constitution of the United States, and contrary to the opinion formed + as aforesaid that the first section of the last-mentioned act did not + affect the case of the said Stanton, and contrary to the fixed belief + of the President that he could no longer advise with or trust or be + responsible for the said Stanton in the said office of Secretary for the + Department of War, or else he was compelled to take such steps as might + in the judgment of the President be lawful and necessary to raise for a + judicial decision the questions affecting the lawful right of the said + Stanton to resume the said office or the power of the said Stanton to + persist in refusing to quit the said office if he should persist in + actually refusing to quit the same; and to this end, and to this end + only, this respondent did, on the 21st day of February, 1868, issue the + order for the removal of the said Stanton, in the said first article + mentioned and set forth, and the order authorizing the said Lorenzo + Thomas to act as Secretary of War <i>ad interim</i>, in the said second + article set forth. +</p> +<p> + And this respondent, proceeding to answer specifically each substantial + allegation in the said first article, says: He denies that the said + Stanton, on the 21st day of February, 1868, was lawfully in possession + of the said office of Secretary for the Department of War. He denies + that the said Stanton, on the day last mentioned, was lawfully entitled + to hold the said office against the will of the President of the United + States. He denies that the said order for the removal of the said + Stanton was unlawfully issued. He denies that the said order was issued + with intent to violate the act entitled "An act regulating the tenure of + certain civil offices." He denies that the said order was a violation of + the last-mentioned act. He denies that the said order was a violation of + the Constitution of the United States, or of any law thereof, or of his + oath of office. He denies that the said order was issued with an intent + to violate the Constitution of the United States, or any law thereof, or + this respondent's oath of office; and he respectfully but earnestly + insists that not only was it issued by him in the performance of what he + believed to be an imperative official duty, but in the performance of + what this honorable court will consider was, in point of fact, an + imperative official duty. And he denies that any and all substantive + matters in the said first article contained, in manner and form as the + same are therein stated and set forth, do by law constitute a high + misdemeanor in office within the true intent and meaning of the + Constitution of the United States. +</p> +<p> + <i>Answer to Article II</i>.—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— +</p> +<p> + 1. That at the date and delivery of said writing there was a vacancy + existing in the office of Secretary for the Department of War. +</p> +<p> + 2. That notwithstanding the Senate of the United States was then in + session, it was lawful and according to long and well-established usage + to empower and authorize the said Thomas to act as Secretary of War + <i>ad interim</i>. +</p> +<p> + 3. That if the said act regulating the tenure of civil offices be held + to be a valid law, no provision of the same was violated by the issuing + of said order or by the designation of said Thomas to act as Secretary + of War <i>ad interim</i>. +</p> +<p> + <i>Answer to Article III</i>.—And for answer to said third article this + respondent says that he abides by his answer to said first and second + articles in so far as the same are responsive to the allegations + contained in the said third article, and, without here again repeating + the same answer, prays the same be taken as an answer to this third + article as fully as if here again set out at length; and as to the new + allegation contained in said third article, that this respondent did + appoint the said Thomas to be Secretary for the Department of War <i>ad + interim</i>, this respondent denies that he gave any other authority to + said Thomas than such as appears in said written authority, set out in + said article, by which he authorized and empowered said Thomas to act + as Secretary for the Department of War <i>ad interim</i>; and he denies + that the same amounts to an appointment, and insists that it is only + a designation of an officer of that Department to act temporarily as + Secretary for the Department of War <i>ad interim</i>—until an appointment + should be made. But whether the said written authority amounts to an + appointment or to a temporary authority or designation, this respondent + denies that in any sense he did thereby intend to violate the + Constitution of the United States, or that he thereby intended to + give the said order the character or effect of an appointment in the + constitutional or legal sense of that term. He further denies that there + was no vacancy in said office of Secretary for the Department of War + existing at the date of said written authority. +</p> +<p> + <i>Answer to Article IV</i>.—And for answer to said fourth article this + respondent denies that on the said 21st day of February, 1868, at + Washington aforesaid, or at any other time or place, he did unlawfully + conspire with the said Lorenzo Thomas, or with the said Thomas and any + other person or persons, with intent, by intimidations and threats, + unlawfully to hinder and prevent the said Stanton from holding said + office of Secretary for the Department of War, in violation of the + Constitution of the United States or of the provisions of the said act + of Congress in said article mentioned, or that he did then and there + commit or was guilty of a high crime in office. On the contrary thereof, + protesting that the said Stanton was not then and there lawfully the + Secretary for the Department of War, this respondent states that his + sole purpose in authorizing the said Thomas to act as Secretary for the + Department of War <i>ad interim</i> was, as is fully stated in his answer to + the said first article, to bring the question of the right of the said + Stanton to hold said office, notwithstanding his said suspension, and + notwithstanding the said order of removal, and notwithstanding the said + authority of the said Thomas to act as Secretary of War <i>ad interim</i>, to + the test of a final decision by the Supreme Court of the United States + in the earliest practicable mode by which the question could be brought + before that tribunal. +</p> +<p> + This respondent did not conspire or agree with the said Thomas, or any + other person or persons, to use intimidation or threats to hinder or + prevent the said Stanton from holding the said office of Secretary for + the Department of War, nor did this respondent at any time command + or advise the said Thomas, or any other person or persons, to resort + to or use either threats or intimidation for that purpose. The only + means in the contemplation or purpose of respondent to be used are set + forth fully in the said orders of February 21, the first addressed to + Mr. Stanton and the second to the said Thomas. By the first order the + respondent notified Mr. Stanton that he was removed from the said office + and that his functions as Secretary for the Department of War were to + terminate upon the receipt of that order; and he also thereby notified + the said Stanton that the said Thomas had been authorized to act as + Secretary for the Department of War <i>ad interim</i>, and ordered the said + Stanton to transfer to him all the records, books, papers, and other + public property in his custody and charge; and by the second order this + respondent notified the said Thomas of the removal from office of the + said Stanton, and authorized him to act as Secretary for the Department + of War <i>ad interim</i>, and directed him to immediately enter upon the + discharge of the duties pertaining to that office and to receive the + transfer of all the records, books, papers, and other public property + from Mr. Stanton then in his custody and charge. +</p> +<p> + Respondent gave no instructions to the said Thomas to use intimidation + or threats to enforce obedience to these orders. He gave him no + authority to call in the aid of the military or any other force to + enable him to obtain possession of the office or of the books, papers, + records, or property thereof. The only agency resorted to, or intended + to be resorted to, was by means of the said Executive orders requiring + obedience. But the Secretary for the Department of War refused to obey + these orders, and still holds undisturbed possession and custody of that + Department and of the records, books, papers, and other public property + therein. Respondent further states that in execution of the orders so by + this respondent given to the said Thomas he, the said Thomas, proceeded + in a peaceful manner to demand of the said Stanton a surrender to him of + the public property in the said Department, and to vacate the possession + of the same, and to allow him, the said Thomas, peaceably to exercise + the duties devolved upon him by authority of the President. That, as + this respondent has been informed and believes, the said Stanton + peremptorily refused obedience to the orders so issued. Upon such + refusal no force or threat of force was used by the said Thomas, by + authority of the President or otherwise, to enforce obedience, either + then or at any subsequent time. +</p> +<p> + This respondent doth here except to the sufficiency of the allegations + contained in said fourth article, and states for ground of exception + that it is not stated that there was any agreement between this + respondent and the said Thomas, or any other person or persons, to use + intimidation and threats, nor is there any allegation as to the nature + of said intimidation and threats, or that there was any agreement to + carry them into execution, or that any step was taken or agreed to be + taken to carry them into execution; and that the allegation in said + article that the intent of said conspiracy was to use intimidation and + threats is wholly insufficient, inasmuch as it is not alleged that the + said intent formed the basis or became part of any agreement between the + said alleged conspirators; and, furthermore, that there is no allegation + of any conspiracy or agreement to use intimidation or threats. +</p> +<p> + <i>Answer to Article V</i>.—And for answer to the said fifth article this + respondent denies that on the said 21st day of February, 1868, or at + any other time or times in the same year before the said 2d day of + March, 1868, or at any prior or subsequent time, at Washington + aforesaid, or at any other place, this respondent did unlawfully + conspire with the said Thomas, or with any other person or persons, + to prevent or hinder the execution of the said act entitled "An act + regulating the tenure of certain civil offices," or that, in pursuance + of said alleged conspiracy, he did unlawfully attempt to prevent the + said Edwin M. Stanton from holding the said office of Secretary for the + Department of War, or that he did thereby commit, or that he was thereby + guilty of, a high misdemeanor in office. Respondent, protesting that + said Stanton was not then and there Secretary for the Department of War, + begs leave to refer to his answer given to the fourth article and to his + answer to the first article as to his intent and purpose in issuing the + orders for the removal of Mr. Stanton and the authority given to the + said Thomas, and prays equal benefit therefrom as if the same were here + again repeated and fully set forth. +</p> +<p> + And this respondent excepts to the sufficiency of the said fifth + article, and states his ground for such exception that it is not alleged + by what means or by what agreement the said alleged conspiracy was + formed or agreed to be carried out, or in what way the same was + attempted to be carried out, or what were the acts done in pursuance + thereof. +</p> +<p> + <i>Answer to Article VI</i>.—And for answer to the said sixth article this + respondent denies that on the said 21st day of February, 1868, at + Washington aforesaid, or at any other time or place, he did unlawfully + conspire with the said Thomas by force to seize, take, or possess the + property of the United States in the Department of War, contrary to + the provisions of the said acts referred to in the said article, or + either of them, or with intent to violate either of them. Respondent, + protesting that said Stanton was not then and there Secretary for the + Department of War, not only denies the said conspiracy as charged, but + also denies any unlawful intent in reference to the custody and charge + of the property of the United States in the said Department of War, and + again refers to his former answers for a full statement of his intent + and purpose in the premises. +</p> +<p> + <i>Answer to Article VII</i>.—And for answer to the said seventh article + respondent denies that on the said 21st day of February, 1868, at + Washington aforesaid, or at any other time and place, he did unlawfully + conspire with the said Thomas with intent unlawfully to seize, take, or + possess the property of the United States in the Department of War, with + intent to violate or disregard the said act in the said seventh article + referred to, or that he did then and there commit a high misdemeanor in + office. Respondent, protesting that the said Stanton was not then and + there Secretary for the Department of War, again refers to his former + answers, in so far as they are applicable, to show the intent with which + he proceeded in the premises, and prays equal benefit therefrom as + if the same were here again fully repeated. Respondent further takes + exception to the sufficiency of the allegations of this article as to + the conspiracy alleged upon the same grounds as stated in the exception + set forth in his answer to said article fourth. +</p> +<p> + <i>Answer to Article VIII</i>.—And for answer to the said eighth article + this respondent denies that, on the 21st day of February, 1868, at + Washington aforesaid, or at any other time and place, he did issue + and deliver to the said Thomas the said letter of authority set forth + in the said eighth article with the intent unlawfully to control the + disbursements of the money appropriated for the military service and + for the Department of War. This respondent, protesting that there was + a vacancy in the office of Secretary of War, admits that he did issue + the said letter of authority, and he denies that the same was with any + unlawful intent whatever, either to violate the Constitution of the + United States or any act of Congress. On the contrary, this respondent + again affirms that his sole intent was to vindicate his authority as + President of the United States, and by peaceful means to bring the + question of the right of the said Stanton to continue to hold the said + office of Secretary of War to a final decision before the Supreme Court + of the United States, as has been hereinbefore set forth; and he prays + the same benefit from his answer in the premises as if the same were + here again repeated at length. +</p> +<p> + <i>Answer to Article IX</i>.—And for answer to the said ninth article + the respondent states that on the said 22d day of February, 1868, the + following note was addressed to the said Emory by the private secretary + of the respondent: +</p> +<p class="q" style="text-align: right;"> + EXECUTIVE MANSION, +<br> + WASHINGTON, D.C., +<br> + <i>February 22, 1868</i>. +</p><p class="q"> + GENERAL: The President directs me to say that he will be pleased to have + you call upon him as early as practicable. +</p><p class="q"> + Respectfully and truly yours, +</p><p class="q" style="text-align: right;"> + WILLIAM G. MOORE, +<br> + <i>United States Army</i>. +</p> +<p> + General Emory called at the Executive Mansion according to this request. + The object of respondent was to be advised by General Emory, as + commander of the Department of Washington, what changes had been made in + the military affairs of the department. Respondent had been informed + that various changes had been made which in no wise had been brought to + his notice or reported to him from the Department of War or from any + other quarter, and desired to ascertain the facts. After the said Emory + had explained in detail the changes which had taken place, said Emory + called the attention of respondent to a general order which he referred + to, and which this respondent then sent for, when it was produced. It is + as follows: +</p> +<center> + GENERAL ORDERS, No, 17. +</center> +<p class="q" style="text-align: right;"> + WAR DEPARTMENT, +<br> + ADJUTANT-GENERALS OFFICE, +<br> + <i>Washington, March 14, 1867</i>. +</p><p class="q"> + The following acts of Congress are published for the information and + government of all concerned: +</p> +<hr> +<p class="q"> + "II.—PUBLIC—No. 85. +</p><p class="q"> + "An act making appropriations for the support of the Army for the year + ending June 30, 1868, and for other purposes. +</p> +<hr> +<p class="q"> + "SEC. 2. <i>And be it further enacted</i>, That the headquarters of the + General of the Army of the United States shall be at the city of + Washington, and all orders and instructions relating to military + operations issued by the President or Secretary of War shall be issued + through the General of the Army, and in case of his inability through + the next in rank. The General of the Army shall not be removed, + suspended, or relieved from command, or assigned to duty elsewhere than + at said headquarters, except at his own request, without the previous + approval of the Senate; and any orders or instructions relating to + military operations issued contrary to the requirements of this section + shall be null and void; and any officer who shall issue orders or + instructions contrary to the provisions of this section shall be deemed + guilty of a misdemeanor in office; and any officer of the Army who shall + transmit, convey, or obey any orders or instructions so issued contrary + to the provisions of this section, knowing that such orders were so + issued, shall be liable to imprisonment for not less than two nor more + than twenty years upon conviction thereof in any court of competent + jurisdiction. +</p> +<hr> +<p class="q"> + "Approved, March 2, 1867." +</p> +<hr> +<p class="q"> + By order of the Secretary of War: +</p><p class="q" style="text-align: right;"> + E.D. TOWNSEND, +<br> + <i>Assistant Adjutant-General</i>. +</p><p class="q"> + Official: +</p><p class="q" style="text-align: right;"> + ———— ————, +<br> + <i>Assistant Adjutant-General</i>. +</p> +<p> + General Emory not only called the attention of respondent to this order, + but to the fact that it was in conformity with a section contained in an + appropriation act passed by Congress. Respondent, after reading the + order, observed: +</p> +<p> + This is not in accordance with the Constitution of the United States, + which makes me Commander in Chief of the Army and Navy, or of the + language of the commission which you hold. +</p> +<p> + General Emory then stated that this order had met the respondent's + approval. Respondent then said in reply, in substance: +</p> +<p class="q"> + Am I to understand that the President of the United States can not give + an order but through the General in Chief, or General Grant? +</p> +<p> + General Emory again reiterated the statement that it had met + respondent's approval, and that it was the opinion of some of the + leading lawyers of the country that this order was constitutional. With + some further conversation, respondent then inquired the names of the + lawyers who had given the opinion, and he mentioned the names of two. + Respondent then said that the object of the law was very evident, + referring to the clause in the appropriation act upon which the order + purported to be based. This, according to respondent's recollection, + was the substance of the conversation had with General Emory. +</p> +<p> + Respondent denies that any allegations in the said article of any + instructions or declarations given to the said Emory then or at any + other time contrary to or in addition to what is hereinbefore set forth + are true. Respondent denies that in said conversation with said Emory he + had any other intent than to express the opinion then given to the said + Emory, nor did he then or at any time request or order the said Emory + to disobey any law or any order issued in conformity with any law, + or intend to offer any inducement to the said Emory to violate any + law. What this respondent then said to General Emory was simply the + expression of an opinion which he then fully believed to be sound, + and which he yet believes to be so, and that is that by the express + provisions of the Constitution this respondent, as President, is made + the Commander in Chief of the armies of the United States, and as such + he is to be respected, and that his orders, whether issued through the + War Department, or through the General in Chief, or by any other channel + of communication, are entitled to respect and obedience, and that such + constitutional power can not be taken from him by virtue of any act of + Congress. Respondent doth therefore deny that by the expression of such + opinion he did commit or was guilty of a high misdemeanor in office; + and the respondent doth further say that the said Article IX lays no + foundation whatever for the conclusion stated in the said article, that + the respondent, by reason of the allegations therein contained, was + guilty of a high misdemeanor in office. +</p> +<p> + In reference to the statement made by General Emory that this respondent + had approved of said act of Congress containing the section referred to, + the respondent admits that his formal approval was given to said act, + but accompanied the same by the following message, addressed and sent + with the act to the House of Representatives, in which House the said + act originated, and from which it came to respondent: +</p> +<p class="q" style="text-align: right;"> + WASHINGTON, D.C., <i>March 2, 1867</i>. +</p><p class="q"> + <i>To the House of Representatives</i>: +</p><p class="q"> + The act entitled "An act making appropriations for the support of + the Army for the year ending June 30, 1868, and for other purposes," + contains provisions to which I must call attention. These provisions + are contained in the second section, which in certain cases virtually + deprives the President of his constitutional functions as Commander in + Chief of the Army, and in the sixth section, which denies to ten States + of the Union their constitutional right to protect themselves in any + emergency by means of their own militia. These provisions are out of + place in an appropriation act, but I am compelled to defeat these + necessary appropriations if I withhold my signature from the act. + Pressed by these considerations, I feel constrained to return the bill + with my signature, but to accompany it with my earnest protest against + the sections which I have indicated. +</p> +<p> + Respondent, therefore, did no more than to express to said Emory the + same opinion which he had so expressed to the House of Representatives. +</p> +<p> + <i>Answer to Article X</i>.—And in answer to the tenth article and + specifications thereof the respondent says that on the 14th and 15th + days of August, in the year 1866, a political convention of delegates + from all or most of the States and Territories of the Union was held + in the city of Philadelphia, under the name and style of the National + Union Convention, for the purpose of maintaining and advancing certain + political views and opinions before the people of the United States, and + for their support and adoption in the exercise of the constitutional + suffrage in the elections of Representatives and Delegates in Congress + which were soon to occur in many of the States and Territories of the + Union; which said convention, in the course of its proceedings, and + in furtherance of the objects of the same, adopted a "Declaration of + principles" and "An address to the people of the United States," and + appointed a committee of two of its members from each State and of one + from each Territory and one from the District of Columbia to wait upon + the President of the United States and present to him a copy of the + proceedings of the convention; that on the 18th day of said month of + August this committee waited upon the President of the United States + at the Executive Mansion, and was received by him in one of the rooms + thereof, and by their chairman, Hon. Reverdy Johnson, then and now + a Senator of the United States, acting and speaking in their behalf, + presented a copy of the proceedings of the convention and addressed the + President of the United States in a speech of which a copy (according + to a published report of the same, and, as the respondent believes, + substantially a correct report) is hereto annexed as a part of this + answer, and marked Exhibit C. +</p> +<p> + That thereupon, and in reply to the address of said committee by their + chairman, this respondent addressed the said committee so waiting upon + him in one of the rooms of the Executive Mansion; and this respondent + believes that this his address to said committee is the occasion + referred to in the first specification of the tenth article; but this + respondent does not admit that the passages therein set forth, as if + extracts from a speech or address of this respondent upon said occasion, + correctly or justly present his speech or address upon said occasion, + but, on the contrary, this respondent demands and insists that if + this honorable court shall deem the said article and the said first + specification thereof to contain allegation of matter cognizable by + this honorable court as a high misdemeanor in office within the intent + and meaning of the Constitution of the United States, and shall receive + or allow proof in support of the same, that proof shall be required + to be made of the actual speech and address of this respondent on + said occasion, which this respondent denies that said article and + specification contain or correctly or justly represent. +</p> +<p> + And this respondent, further answering the tenth article and the + specifications thereof, says that at Cleveland, in the State of Ohio, + and on the 3d day of September, in the year 1866, he was attended by a + large assemblage of his fellow-citizens, and in deference and obedience + to their call and demand he addressed them upon matters of public and + political consideration; and this respondent believes that said occasion + and address are referred to in the second specification of the tenth + article; but this respondent does not admit that the passages therein + set forth, as if extracts from a speech of this respondent on said + occasion, correctly or justly present his speech or address upon said + occasion, but, on the contrary, this respondent demands and insists that + if this honorable court shall deem the said article and the said second + specification thereof to contain allegation of matter cognizable by this + honorable court as a high misdemeanor in office within the intent and + meaning of the Constitution of the United States, and shall receive or + allow proof in support of the same, that proof shall be required to be + made of the actual speech and address of this respondent on said + occasion, which this respondent denies that said article and + specification contain or correctly or justly represent. +</p> +<p> + And this respondent, further answering the tenth article and the + specifications thereof, says that at St. Louis, in the State of + Missouri, and on the 8th day of September, in the year 1866, he was + attended by a numerous assemblage of his fellow-citizens, and in + deference and obedience to their call and demand he addressed them upon + matters of public and political consideration; and this respondent + believes that said occasion and address are referred to in the third + specification of the tenth article; but this respondent does not admit + that the passages therein set forth, as if extracts from a speech of + this respondent on said occasion, correctly or justly present his speech + or address upon said occasion, but, on the contrary, this respondent + demands and insists that if this honorable court shall deem the said + article and the said third specification thereof to contain allegation + of matter cognizable by this honorable court as a high misdemeanor in + office within the intent and meaning of the Constitution of the United + States, and shall receive or allow proof in support of the same, that + proof shall be required to be made of the actual speech and address of + this respondent on said occasion, which this respondent denies that the + said article and specification contain or correctly or justly represent. +</p> +<p> + And this respondent, further answering the tenth article, protesting + that he has not been unmindful of the high duties of his office or of + the harmony or courtesies which ought to exist and be maintained between + the executive and legislative branches of the Government of the United + States, denies that he has ever intended or designed to set aside the + rightful authority or powers of Congress, or attempted to bring into + disgrace, ridicule, hatred, contempt, or reproach the Congress of the + United States, or either branch thereof, or to impair or destroy the + regard or respect of all or any of the good people of the United States + for the Congress or the rightful legislative power thereof, or to excite + the odium or resentment of all or any of the good people of the United + States against Congress and the laws by it duly and constitutionally + enacted. This respondent further says that at all times he has, in his + official acts as President, recognized the authority of the several + Congresses of the United States as constituted and organized during his + administration of the office of President of the United States. +</p> +<p> + And this respondent, further answering, says that he has from time + to time, under his constitutional right and duty as President of the + United States, communicated to Congress his views and opinions in + regard to such acts or resolutions thereof as, being submitted to him + as President of the United States in pursuance of the Constitution, + seemed to this respondent to require such communications; and he has + from time to time, in the exercise of that freedom of speech which + belongs to him as a citizen of the United States, and, in his political + relations as President of the United States to the people of the United + States, is upon fit occasions a duty of the highest obligation, expressed + to his fellow-citizens his views and opinions respecting the measures + and proceedings of Congress; and that in such addresses to his + fellow-citizens and in such his communications to Congress he has + expressed his views, opinions, and judgment of and concerning the actual + constitution of the two Houses of Congress, without representation + therein of certain States of the Union, and of the effect that in wisdom + and justice, in the opinion and judgment of this respondent, Congress + in its legislation and proceedings should give to this political + circumstance; and whatsoever he has thus communicated to Congress + or addressed to his fellow-citizens or any assemblage thereof this + respondent says was and is within and according to his right and + privilege as an American citizen and his right and duty as President + of the United States. +</p> +<p> + And this respondent, not waiving or at all disparaging his right + of freedom of opinion and of freedom of speech, as hereinbefore or + hereinafter more particularly set forth, but claiming and insisting upon + the same, further answering the said tenth article, says that the views + and opinions expressed by this respondent in his said addresses to + the assemblages of his fellow-citizens, as in said articles or in this + answer thereto mentioned, are not and were not intended to be other + or different from those expressed by him in his communications to + Congress—that the eleven States lately in insurrection never had + ceased to be States of the Union, and that they were then entitled + to representation in Congress by loyal Representatives and Senators + as fully as the other States of the Union, and that consequently the + Congress as then constituted was not in fact a Congress of all the + States, but a Congress of only a part of the States. This respondent, + always protesting against the unauthorized exclusion therefrom of the + said eleven States, nevertheless gave his assent to all laws passed by + said Congress which did not, in his opinion and judgment, violate the + Constitution, exercising his constitutional authority of returning bills + to said Congress with his objections when they appeared to him to be + unconstitutional or inexpedient. +</p> +<p> + And further, this respondent has also expressed the opinion, both in + his communications to Congress and in his addresses to the people, that + the policy adopted by Congress in reference to the States lately in + insurrection did not tend to peace, harmony, and union, but, on the + contrary, did tend to disunion and the permanent disruption of the + States, and that in following its said policy laws had been passed by + Congress in violation of the fundamental principles of the Government, + and which tended to consolidation and despotism; and such being his + deliberate opinions, he would have felt himself unmindful of the + high duties of his office if he had failed to express them in his + communications to Congress or in his addresses to the people when called + upon by them to express his opinions on matters of public and political + consideration. +</p> +<p> + And this respondent, further answering the tenth article, says that he + has always claimed and insisted, and now claims and insists, that both + in the personal and private capacity of a citizen of the United States + and in the political relations of the President of the United States to + the people of the United States, whose servant, under the duties and + responsibilities of the Constitution of the United States, the President + of the United States is and should always remain, this respondent had + and has the full right, and in his office of President of the United + States is held to the high duty, of forming, and on fit occasions + expressing, opinions of and concerning the legislation of Congress, + proposed or completed, in respect of its wisdom, expediency, justice, + worthiness, objects, purposes, and public and political motives and + tendencies, and within and as a part of such right and duty to form, + and on fit occasions to express, opinions of and concerning the public + character and conduct, views, purposes, objects, motives, and tendencies + of all men engaged in the public service, as well in Congress as + otherwise, and under no other rules or limits upon this right of + freedom of opinion and of freedom of speech, or of responsibility and + amenability for the actual exercise of such freedom of opinion and + freedom of speech, than attend upon such rights and their exercise on + the part of all other citizens of the United States and on the part of + all their public servants. +</p> +<p> + And this respondent, further answering said tenth article, says + that the several occasions on which, as is alleged in the several + specifications of said article, this respondent addressed his + fellow-citizens on subjects of public and political considerations were + not, nor was any one of them, sought or planned by this respondent, but, + on the contrary, each of said occasions arose upon the exercise of a + lawful and accustomed right of the people of the United States to call + upon their public servants and express to them their opinions, wishes, + and feelings upon matters of public and political consideration, and to + invite from such their public servants an expression of their opinions, + views, and feelings on matters of public and political consideration; + and this respondent claims and insists before this honorable court, and + before all the people of the United States, that of or concerning this + his right of freedom of opinion and of freedom of speech, and this + his exercise of such rights on all matters of public and political + consideration, and in respect of all public servants or persons + whatsoever engaged in or connected therewith, this respondent, as + a citizen or as President of the United States, is not subject to + question, inquisition, impeachment, or inculpation in any form or + manner whatsoever. +</p> +<p> + And this respondent says that neither the said tenth article nor any + specification thereof nor any allegation therein contained touches or + relates to any official act or doing of this respondent in the office + of President of the United States or in the discharge of any of its + constitutional or legal duties or responsibilities; but said article and + the specifications and allegations thereof, wholly and in every part + thereof, question only the discretion or propriety of freedom of opinion + or freedom, of speech as exercised by this respondent as a citizen of + the United States in his personal right and capacity, and without + allegation or imputation against this respondent of the violation of any + law of the United States touching or relating to freedom of speech or + its exercise by the citizens of the United States or by this respondent + as one of the said citizens or otherwise; and he denies that by reason + of any matter in said article or its specifications alleged he has said + or done anything indecent or unbecoming in the Chief Magistrate of the + United States, or that he has brought the high office of President of + the United States into contempt, ridicule, or disgrace, or that he has + committed or has been guilty of a high misdemeanor in office. +</p> +<p> + <i>Answer to Article XI</i>.—And in answer to the eleventh article this + respondent denies that on the 18th day of August, in the year 1866, at + the city of Washington, in the District of Columbia, he did, by public + speech or otherwise, declare or affirm, in substance or at all, that the + Thirty-ninth Congress of the United States was not a Congress of the + United States authorized by the Constitution to exercise legislative + power under the same, or that he did then and there declare or affirm + that the said Thirty-ninth Congress was a Congress of only part of the + States in any sense or meaning other than that ten States of the Union + were denied representation therein, or that he made any or either of + the declarations or affirmations in this behalf in the said article + alleged as denying or intending to deny that the legislation of said + Thirty-ninth Congress was valid or obligatory upon this respondent + except so far as this respondent saw fit to approve the same; and as to + the allegation in said article that he did thereby intend or mean to be + understood that the said Congress had not power to propose amendments + to the Constitution, this respondent says that in said address he said + nothing in reference to the subject of amendments of the Constitution, + nor was the question of the competency of the said Congress to propose + such amendments, without the participation of said excluded States, + at the time of said address in any way mentioned or considered or + referred to by this respondent, nor in what he did say had he any + intent regarding the same; and he denies the allegations so made + to the contrary thereof. But this respondent, in further answer to + and in respect of the said allegations of the said eleventh article + hereinbefore traversed and denied, claims and insists upon his personal + and official right of freedom of opinion and freedom of speech, and his + duty in his political relations as President of the United States to the + people of the United States in the exercise of such freedom of opinion + and freedom of speech, in the same manner, form, and effect as he has + in this behalf stated the same in his answer to the said tenth article, + and with the same effect as if he here repeated the same; and he further + claims and insists, as in said answer to said tenth article he has + claimed and insisted, that he is not subject to question, inquisition, + impeachment or inculpation, in any form or manner, of or concerning such + rights of freedom of opinion or freedom of speech, or his said alleged + exercise thereof. +</p> +<p> + And this respondent further denies that on the 21st day of February, + in the year 1868, or at any other time, at the city of Washington, in + the District of Columbia, in pursuance of any such declaration as in + that behalf in said eleventh article alleged, or otherwise, he did + unlawfully, and in disregard of the requirement of the Constitution that + he should take care that the laws should be faithfully executed, attempt + to prevent the execution of an act entitled "An act regulating the + tenure of certain civil offices," passed March 2, 1867, by unlawfully + devising or contriving, or attempting to devise or contrive, means by + which he should prevent Edwin M. Stanton from forthwith resuming the + functions of Secretary for the Department of War, or by unlawfully + devising or contriving, or attempting to devise or contrive, means to + prevent the execution of an act entitled "An act making appropriations + for the support of the Army for the fiscal year ending June 30, 1868, + and for other purposes," approved March 2, 1867, or to prevent the + execution of an act entitled "An act to provide for the more efficient + government of the rebel States," passed March 2, 1867. +</p> +<p> + And this respondent, further answering the said eleventh article, says + that he has in his answer to the first article set forth in detail the + acts, steps, and proceedings done and taken by this respondent to and + toward or in the matter of the suspension or removal of the said Edwin + M. Stanton in or from the office of Secretary for the Department of War, + with the times, modes, circumstances, intents, views, purposes, and + opinions of official obligations and duty under and with which such + acts, steps, and proceedings were done and taken; and he makes answer to + this eleventh article of the matters in his answer to the first article + pertaining to the suspension or removal of said Edwin M. Stanton, to the + same intent and effect as if they were here repeated and set forth. +</p> +<p> + And this respondent, further answering the said eleventh article, + denies that by means or reason of anything in said article alleged this + respondent, as President of the United States, did, on the 21st day of + February, 1868, or at any other day or time, commit or that he was + guilty of a high misdemeanor in office. +</p> +<p> + And this respondent, further answering the said eleventh article, says + that the same and the matters therein contained do not charge or allege + the commission of any act whatever by this respondent in his office of + President of the United States, nor the omission by this respondent of + any act of official obligation or duty in his office of President of + the United States; nor does the said article nor the matters therein + contained name, designate, describe, or define any act or mode or form + of attempt, device, contrivance, or means, or of attempt at device, + contrivance, or means, whereby this respondent can know or understand + what act or mode or form of attempt, device, contrivance, or means, or + of attempt at device, contrivance, or means, are imputed to or charged + against this respondent in his office of President of the United States, + or intended so to be, or whereby this respondent can more fully or + definitely make answer unto the said article than he hereby does. +</p> +<p> + And this respondent, in submitting to this honorable court this + his answer to the articles of impeachment exhibited against him, + respectfully reserves leave to amend and add to the same from time to + time, as may become necessary or proper, and when and as such necessity + and propriety shall appear. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p><br> + HENRY STANBERY,<br> + B.R. CURTIS,<br> + THOMAS A.R. NELSON,<br> + WILLIAM M. EVARTS,<br> + W.S. GROESBECK,<br> + <i>Of Counsel</i>. +</p> +<center> + [For Exhibits A and B see veto message of March 2, 1867, pp. 492-498, + and special message of December 12, 1867, pp. 583-594.] +</center> +<p> </p><p> </p> +<h3> + EXHIBIT C. +</h3> +<h4> + ADDRESS TO THE PRESIDENT BY HON. REVERDY JOHNSON, AUGUST, 18, 1866. +</h4> +<p> + Mr. PRESIDENT: We are before you as a committee of the National Union + Convention, which met in Philadelphia on Tuesday, the 14th instant, + charged with the duty of presenting you with an authentic copy of its + proceedings. +</p> +<p> + Before placing it in your hands you will permit us to congratulate + you that in the object for which the convention was called, in the + enthusiasm with which in every State and Territory the call was + responded to, in the unbroken harmony of its deliberations, in the + unanimity with which the principles it has declared were adopted, and + more especially in the patriotic and constitutional character of the + principles themselves, we are confident that you and the country will + find gratifying and cheering evidence that there exists among the people + a public sentiment which renders an early and complete restoration of + the Union as established by the Constitution certain and inevitable. + Party faction, seeking the continuance of its misrule, may momentarily + delay it, but the principles of political liberty for which our + fathers successfully contended, and to secure which they adopted the + Constitution, are so glaringly inconsistent with the condition in + which the country has been placed by such misrule that it will not + be permitted a much longer duration. +</p> +<p> + We wish, Mr. President, you could have witnessed the spirit of concord + and brotherly affection which animated every member of the convention. + Great as your confidence has ever been in the intelligence and + patriotism of your fellow-citizens, in their deep devotion to the Union + and their present determination to reinstate and maintain it, that + confidence would have become a positive conviction could you have seen + and heard all that was done and said upon the occasion. Every heart + was evidently full of joy; every eye beamed with patriotic animation; + despondency gave place to the assurance that, our late dreadful civil + strife ended, the blissful reign of peace, under the protection, not of + arms, but of the Constitution and laws, would have sway, and be in every + part of our land cheerfully acknowledged and in perfect good faith + obeyed. You would not have doubted that the recurrence of dangerous + domestic insurrections in the future is not to be apprehended. +</p> +<p> + If you could have seen the men of Massachusetts and South Carolina + coming into the convention on the first day of its meeting hand in hand, + amid the rapturous applause of the whole body, awakened by heartfelt + gratification at the event, filling the eyes of thousands with tears of + joy, which they neither could nor desired to repress, you would have + felt, as every person present felt, that the time had arrived when all + sectional or other perilous dissensions had ceased, and that nothing + should be heard in the future but the voice of harmony proclaiming + devotion to a common country, of pride in being bound together by a + common Union, existing and protected by forms of government proved by + experience to be eminently fitted for the exigencies of either war or + peace. +</p> +<p> + In the principles announced by the convention and in the feeling there + manifested we have every assurance that harmony throughout our entire + land will soon prevail. We know that as in former days, as was + eloquently declared by Webster, the nation's most gifted statesman, + Massachusetts and South Carolina went "shoulder to shoulder through the + Revolution" and stood hand in hand "around the Administration of + Washington and felt his own great arm lean on them for support," so will + they again, with like magnanimity, devotion, and power, stand round your + Administration and cause you to feel that you may also lean on them for + support. +</p> +<p> + In the proceedings, Mr. President, which we are to place in your hands + you will find that the convention performed the grateful duty imposed + upon them by their knowledge of your "devotion to the Constitution and + laws and interests of your country," as illustrated by your entire + Presidential career, of declaring that in you they "recognize a Chief + Magistrate worthy of the nation and equal to the great crisis upon + which your lot is cast;" and in this declaration it gives us marked + pleasure to add we are confident that the convention has but spoken the + intelligent and patriotic sentiment of the country. Ever inaccessible to + the low influences which often control the mere partisan, governed alone + by an honest opinion of constitutional obligations and rights and of the + duty of looking solely to the true interests, safety, and honor of the + nation, such a class is incapable of resorting to any bait for + popularity at the expense of the public good. +</p> +<p> + In the measures which you have adopted for the restoration of the Union + the convention saw only a continuance of the policy which for the same + purpose was inaugurated by your immediate predecessor. In his reelection + by the people, after that policy had been fully indicated and had been + made one of the issues of the contest, those of his political friends + who are now assailing you for sternly pursuing it are forgetful or + regardless of the opinions which their support of his reelection + necessarily involved. Being upon the same ticket with that much-lamented + public servant, whose foul assassination touched the heart of the + civilized world with grief and horror, you would have been false to + obvious duty if you had not endeavored to carry out the same policy; + and, judging now by the opposite one which Congress has pursued, its + wisdom and patriotism are indicated by the fact that that of Congress + has but continued a broken Union by keeping ten of the States in which + at one time the insurrection existed (as far as they could accomplish + it) in the condition of subjugated provinces, denying to them the right + to be represented, while subjecting their people to every species of + legislation, including that of taxation. That such a state of things is + at war with the very genius of our Government, inconsistent with every + idea of political freedom, and most perilous to the peace and safety of + the country no reflecting man can fail to believe. +</p> +<p> + We hope, sir, that the proceedings of the convention will cause you to + adhere, if possible, with even greater firmness to the course which you + are pursuing, by satisfying you that the people are with you, and that + the wish which lies nearest to their heart is that a perfect restoration + of our Union at the earliest moment be attained, and a conviction that + the result can only be accomplished by the measures which you are + pursuing. And in the discharge of the duties which these impose upon + you we, as did every member of the convention, again for ourselves + individually tender to you our profound respect and assurance of our + cordial and sincere support. +</p> +<p> + With a reunited Union, with no foot but that of a freeman treading or + permitted to tread our soil, with a nation's faith pledged forever to a + strict observance of all its obligations, with kindness and fraternal + love everywhere prevailing, the desolations of war will soon be removed; + its sacrifices of life, sad as they have been, will, with Christian + resignation, be referred to a providential purpose of fixing our beloved + country on a firm and enduring basis, which will forever place our + liberty and happiness beyond the reach of human peril. +</p> +<p> + Then, too, and forever, will our Government challenge the admiration and + receive the respect of the nations of the world, and be in no danger of + any efforts to impeach our honor. +</p> +<p> + And permit me, sir, in conclusion, to add that, great as is your + solicitude for the restoration of our domestic peace and your labors + to that end, you have also a watchful eye to the rights of the nation, + and that any attempt by an assumed or actual foreign power to enforce + an illegal blockade against the Government or citizens of the United + States, to use your own mild but expressive words, "will be disallowed." + In this determination I am sure you will receive the unanimous approval + of your fellow-citizens. +</p> +<p> + Now, sir, as the chairman of this committee, and in behalf of the + convention, I have the honor to present you with an authentic copy + of its proceedings. +</p> +<p class="q"> + Counsel for the respondent submitted the following motion: +</p><p class="q"> + <i>To the Senate of the United States sitting as a court of impeachment</i>: +</p><p class="q"> + And now, on this 23d day of March, in the year 1868, the counsel for + the President of the United States, upon reading and filing his answer + to the articles of impeachment exhibited against him, respectfully + represent to the honorable court that after the replication shall have + been filed to the said answer the due and proper preparation of and for + the trial of the cause will require, in the opinion and judgment of such + counsel, that a period of not less than thirty days should be allowed to + the President of the United States and his counsel for such preparation, + and before the said trial should proceed. +</p><p class="q"><br> + HENRY STANBERY,<br> + B.R. CURTIS,<br> + THOMAS A.R. NELSON,<br> + WM. M. EVARTS,<br> + W.S. GROESBECK,<br> + <i>Of Counsel</i>. +</p> +<p> </p><p> </p> +<p class="r"> + TUESDAY, MARCH 24, 1868. +</p> +<h4> + UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p style="text-indent: -2em; padding-left: 2em;"> + REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES TO + THE ANSWER OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, TO THE + ARTICLES OF IMPEACHMENT EXHIBITED AGAINST HIM BY THE HOUSE OF + REPRESENTATIVES. +</p> +<p> + The House of Representatives of the United States have considered the + several answers of Andrew Johnson, President of the United States, to + the several articles of impeachment against him, by them exhibited in + the name of themselves and of all the people of the United States, and + reserving to themselves all advantage of exception to the insufficiency + of his answer to each and all of the several articles of impeachment + exhibited against said Andrew Johnson, President of the United States, + do deny each and every averment in said several answers, or either + of them, which denies or traverses the acts, intents, crimes, or + misdemeanors charged against said Andrew Johnson in the said articles of + impeachment, or either of them, and for replication to the said answer + do say that said Andrew Johnson, President of the United States, is + guilty of the high crimes and misdemeanors mentioned in said articles, + and that the House of Representatives are ready to prove the same. +</p> +<p class="r"> + SCHUYLER COLFAX, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p class="r"> + EDW'D McPHERSON, +<br> + <i>Clerk of the House of Representatives</i>. +</p> +<p> + The motion of the counsel for the respondent, submitted on March 23, + "that a period of not less than thirty days should be allowed to the + President of the United States and his counsel for such preparation and + before the said trial should proceed," was denied, and it was +</p> +<p class="q"> + <i>Ordered</i>. That the Senate will commence the trial of the President + upon the articles of impeachment exhibited against him on Monday, the + 30th of March instant, and proceed therein with all convenient dispatch + under the rules of the Senate sitting upon the trial of an impeachment. +</p> +<p> </p><p> </p> +<p class="r"> + MONDAY, MAY 11, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + The Chief Justice stated that in compliance with the desire of the + Senate he had prepared the question to be addressed to Senators upon + each article of impeachment, and that he had reduced his views thereon + to writing, which he read, as follows: +</p> +<p> + SENATORS: In conformity with what seemed to be the general wish of the + Senate when it adjourned last Thursday, the Chief Justice, in taking the + vote on the articles of impeachment, will adopt the mode sanctioned by + the practice in the cases of Chase, Peck, and Humphreys. +</p> +<p> + He will direct the Secretary to read the several articles successively, + and after the reading of each article will put the question of guilty or + not guilty to each Senator, rising in his place, in the form used in the + case of Judge Chase: +</p> +<p class="q"> + Mr. Senator ————, how say you? Is the respondent, Andrew Johnson, + President of the United States, guilty or not guilty of a high + misdemeanor, as charged in this article? +</p> +<p> + In putting the question on Articles IV and VI, each of which charges a + crime, the word "crime" will be substituted for the word "misdemeanor." +</p> +<p> + The Chief Justice has carefully considered the suggestion of the Senator + from Indiana (Mr. Hendricks), which appeared to meet the approval of the + Senate, that in taking the vote on the eleventh article the question + should be put on each clause, and has found himself unable to divide the + article as suggested. The article charges several facts, but they are so + connected that they make but one allegation and they are charged as + constituting one misdemeanor. +</p> +<p> + The first fact charged is, in substance, that the President publicly + declared in August, 1866, that the Thirty-ninth Congress was a Congress + of only part of the States and not a constitutional Congress, intending + thereby to deny its constitutional competency to enact laws or propose + amendments of the Constitution; and this charge seems to have been made + as introductory, and as qualifying that which follows, namely, that the + President, in pursuance of this declaration, attempted to prevent the + execution of the tenure-of-office act by contriving and attempting to + contrive means to prevent Mr. Stanton from resuming the functions of + Secretary of War after the refusal of the Senate to concur in his + suspension, and also by contriving and attempting to contrive means to + prevent the execution of the appropriation act of March 2, 1867, and + also to prevent the execution of the rebel States governments act of + the same date. +</p> +<p> + The gravamen of the article seems to be that the President attempted + to defeat the execution of the tenure-of-office act, and that he + did this in pursuance of a declaration which was intended to deny + the constitutional competency of Congress to enact laws or propose + constitutional amendments, and by contriving means to prevent Mr. + Stanton from resuming his office of Secretary, and also to prevent the + execution of the appropriation act and the rebel States governments act. +</p> +<p> + The single substantive matter charged is the attempt to prevent the + execution of the tenure-of-office act, and the other facts are alleged + either as introductory and exhibiting this general purpose or as showing + the means contrived in furtherance of that attempt. +</p> +<p> + This single matter, connected with the other matters previously and + subsequently alleged, is charged as the high misdemeanor of which the + President is alleged to have been guilty. +</p> +<p> + The general question, guilty or not guilty of a high misdemeanor as + charged, seems fully to cover the whole charge, and will be put as to + this article as well as to the others, unless the Senate direct some + mode of division. +</p> +<p> + In the tenth article the division suggested by the Senator from New York + (Mr. Conkling) may be more easily made. It contains a general allegation + to the effect that on the 18th of August and on other days the + President, with intent to set aside the rightful authority of Congress + and bring it into contempt, delivered certain scandalous harangues, and + therein uttered loud threats and bitter menaces against Congress and the + laws of the United States enacted by Congress, thereby bringing the + office of President into disgrace, to the great scandal of all good + citizens, and sets forth in three distinct specifications the harangues, + threats, and menaces complained of. +</p> +<p> + In respect to this article, if the Senate sees fit so to direct, the + question of guilty or not guilty of the facts charged may be taken in + respect to the several specifications, and then the question of guilty + or not guilty of a high misdemeanor, as charged in the article, can also + be taken. +</p> +<p> + The Chief Justice, however, sees no objection to putting the general + question on this article in the same manner as on the others; for, + whether particular questions be put on the specifications or not, the + answer to the final question must be determined by the judgment of the + Senate whether or not the facts alleged in the specifications have been + sufficiently proved, and whether, if sufficiently proved, they amount + to a high misdemeanor within the meaning of the Constitution. +</p> +<p> + On the whole, therefore, the Chief Justice thinks that the better + practice will be to put the general question on each article without + attempting to make any subdivision, and will pursue this course if no + objection is made. He will, however, be pleased to conform to such + directions as the Senate may see fit to give in this respect. +</p> +<p> + Whereupon it was +</p> +<p class="q"> + <i>Ordered</i>, That the question be put as proposed by the Presiding + Officer of the Senate, and each Senator shall rise in his place and + answer "guilty" or "not guilty" only. +</p> +<p> </p><p> </p> +<p class="r"> + SATURDAY, MAY 16, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + The Chief Justice stated that, in pursuance of the order of the Senate, + he would first proceed to take the judgment of the Senate on the + eleventh article. The roll of the Senate was called, with the following + result: +</p> +<p> + The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell, + Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, + Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, + Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, + Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, + Williams, Willey, Wilson, and Yates—35. +</p> +<p> + The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis, + Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, + Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, + Trumbull, Van Winkle, and Vickers—19. +</p> +<p> + The Chief Justice announced that upon this article thirty-five Senators + had voted "guilty" and nineteen Senators "not guilty," and declared that + two-thirds of the Senators present not having pronounced him guilty, + Andrew Johnson, President of the United States, stood acquitted of the + charges contained in the eleventh article of impeachment. +</p> +<p> </p><p> </p> +<p class="r"> + TUESDAY, MAY 26, 1868. +</p> +<h4> + THE UNITED STATES <i>vs</i>. ANDREW JOHNSON, PRESIDENT. +</h4> +<p> + The Senate ordered that the vote be taken upon the second article of + impeachment. The roll of the Senate was called, with the following + result: +</p> +<p> + The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell, + Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, + Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, + Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, + Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, + Williams, Wilson, and Yates—35. +</p> +<p> + The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis, + Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, + Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, + Trumbull, Van Winkle, and Vickers—19. +</p> +<p> + The Chief Justice announced that upon this article thirty-five Senators + had voted "guilty" and nineteen Senators had voted "not guilty," and + declared that two-thirds of the Senators present not having pronounced + him guilty, Andrew Johnson, President of the United States, stood + acquitted of the charges contained in the second article of impeachment. +</p> +<p> + The Senate ordered that the vote be taken upon the third article of + impeachment. The roll of the Senate was called, with the following + result: +</p> +<p> + The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell, + Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, + Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, + Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, + Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, + Williams, Wilson, and Yates—35. +</p> +<p> + The Senators who voted "not guilty" are Messrs. Bayard, Buckalew, Davis, + Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, + Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, + Trumbull, Van Winkle, and Vickers—19. +</p> +<p> + The Chief Justice announced that upon this article thirty-five Senators + had voted "guilty" and nineteen Senators had voted "not guilty," and + declared that two-thirds of the Senators present not having pronounced + him guilty, Andrew Johnson, President of the United States, stood + acquitted of the charges contained in the third article. +</p> +<p> + No objection being made, the secretary, by direction of the Chief + Justice, entered the judgment of the Senate upon the second, third, + and eleventh articles, as follows: +</p> +<p> + The Senate having tried Andrew Johnson, President of the United States, + upon articles of impeachment exhibited against him by the House of + Representatives, and two-thirds of the Senators present not having found + him guilty of the charges contained in the second, third, and eleventh + articles of impeachment, it is therefore +</p> +<p> + <i>Ordered and adjudged</i>, That the said Andrew Johnson, President of the + United States, be, and he is, acquitted of the charges in said articles + made and set forth. +</p> +<p> + A motion "that the Senate sitting for the trial of the President upon + articles of impeachment do now adjourn without day" was adopted by a + vote of 34 yeas to 16 nays. +</p> +<p> + Those who voted in the affirmative are Messrs. Anthony, Cameron, + Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, + Ferry, Frelinghuysen, Harlan, Howard, Morgan, Morrill of Maine, Morrill + of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, + Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, + Willey, Williams, Wilson, and Yates. +</p> +<p> + Those who voted in the negative are Messrs. Bayard, Buckalew, Davis, + Dixon, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, + Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, and Vickers. +</p> +<p> + The Chief Justice declared the Senate sitting as a court of impeachment + for the trial of Andrew Johnson, President of the United States, upon + articles of impeachment exhibited against him by the House of + Representatives, adjourned without day. +</p> +<div style="height: 4em;"><br><br><br><br></div> +<h2> + ADDENDA. +</h2> +<p> + [An injunction of secrecy having been placed upon the following messages + by the Senate, they were not printed in the Executive Journal covering + their period, but were found in the imprinted Executive Journal of the + Forty-first Congress while searching for copy for Volume VII, and + consequently too late for insertion in their proper places in this + volume.] +</p> +<p class="r"> + WASHINGTON, <i>January 29, 1869</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + Referring to the three Executive communications of the 15th instant, + with which were transmitted to the Senate, respectively, a copy of a + convention between the United States and Great Britain upon the subject + of claims, a copy of a convention between the same parties in relation + to the question of boundary, and a protocol of a treaty between the same + parties concerning the rights of naturalized citizens and subjects of + the respective parties, I now transmit a copy of such correspondence + upon those subjects as has not been heretofore communicated to the + Senate. +</p> +<p> + In the progress of the negotiation the three subjects became to such a + degree associated with each other that it would be difficult to present + separately the correspondence upon each. The papers are therefore + transmitted in the order in which they are mentioned in the accompanying + list. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 30, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Referring to the Executive communication of the 15th instant, which + was accompanied by a copy of a convention between the United States + and Great Britain for the settlement of all outstanding claims, I now + transmit to the Senate the original of that instrument, and a report of + the Secretary of State pointing out the differences between the copy as + submitted to the Senate and the original as signed by the + plenipotentiaries. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 30, 1869</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Referring to the Executive communication of the 15th instant, which was + accompanied by a copy of a convention between the United States and + Great Britain providing for the reference to an arbiter of the question + of difference between the United States and Great Britain concerning the + northwest line of water boundary between the United States and the + British possessions in North America, I now transmit to the Senate the + original of that instrument, and a report of the Secretary of State + pointing out the differences between the copy as submitted to the Senate + and the original as signed by the plenipotentiaries. +</p> +<p class="r"> + ANDREW JOHNSON. +</p> +<hr class="full"> +<h2> + Footnotes +</h2> +<a name="note-1"><!--Note--></a> +<p class="foot"> +<u>1</u> Executive order. +</p> +<a name="note-2"><!--Note--></a> +<p class="foot"> +<u>2</u> Order of Secretary of War. +</p> +<a name="note-3"><!--Note--></a> +<p class="foot"> +<u>3</u> Brevet Brigadier-General James A. Ekin substituted; see + Special Orders, No. 216. +</p> +<a name="note-4"><!--Note--></a> +<p class="foot"> +<u>4</u> Brevet Colonel C. H. Tompkins substituted; see Special + Orders, No. 216. +</p> +<a name="note-5"><!--Note--></a> +<p class="foot"> +<u>5</u> With the confederated tribes of the Arapahoe and Cheyenne + Indians, concluded October 14, 1865; with the Apache, Cheyenne, and + Arapahoe tribes, respectively, concluded October 17, 1865; with the + several bands of the Comanche tribe, concluded October 18, 1865. +</p> +<a name="note-6"><!--Note--></a> +<p class="foot"> +<u>6</u> Instructing commanders on the southern frontiers within the + Department of California "to take the necessary measures to preserve the + neutrality of the United States with respect to the parties engaged in + the existing war in Mexico, and to suffer no armed parties to pass the + frontier from the United States, nor suffer any arms or munitions of war + to be sent over the frontier to either belligerent," etc. +</p> +<a name="note-7"><!--Note--></a> +<p class="foot"> +<u>7</u> Addressed to district attorneys and marshals of the United + States. +</p> +<a name="note-8"><!--Note--></a> +<p class="foot"> +<u>8</u> Correspondence with Mr. Motley, envoy extraordinary + and minister plenipotentiary at Vienna, relative to his reported + resignation. +</p> +<a name="note-9"><!--Note--></a> +<p class="foot"> +<u>9</u> Relating to an alleged emigration of citizens of the United + States to the dominions of the Sublime Porte for the purpose of settling + and acquiring landed property there. +</p> +<a name="note-10"><!--Note--></a> +<p class="foot"> +<u>10</u> Stating that the Department of State has received no + information concerning the removal of the Protestant Church or religious + assembly meeting at the American embassy from the city of Rome by an + order of that Government. +</p> +<a name="note-11"><!--Note--></a> +<p class="foot"> +<u>11</u> Copy of the letter on which the Secretary of State founded + his inquiries addressed to Mr. Motley, United States minister at Vienna, + with regard to his reported conversation and opinions. +</p> +<a name="note-12"><!--Note--></a> +<p class="foot"> +<u>12</u> Relating to the reported transfer of the United States + minister from Stockholm to Bogota. +</p> +<a name="note-13"><!--Note--></a> +<p class="foot"> +<u>13</u> Correspondence relative to the refusal of the United + States consul at Cadiz, Spain, to certify invoices of wines shipped + from that port, etc. +</p> +<a name="note-14"><!--Note--></a> +<p class="foot"> +<u>14</u> Correspondence with foreign ministers of the United States + relative to the policy of the President toward the States lately in + rebellion. +</p> +<a name="note-15"><!--Note--></a> +<p class="foot"> +<u>15</u> Correspondence relative to the salary of the United States + minister to Portugal. +</p> +<a name="note-16"><!--Note--></a> +<p class="foot"> +<u>16</u> Stating that the correspondence relative to the refusal of + the United States consul at Cadiz, Spain, to certify invoices of wines + shipped from that port had been sent to the Senate. +</p> +<a name="note-17"><!--Note--></a> +<p class="foot"> +<u>17</u> In 1850. +</p> +<a name="note-18"><!--Note--></a> +<p class="foot"> +<u>18</u> Correspondence since March 4, 1857, touching the claim to + military service asserted by France and Prussia in reference to persons + born in those countries, but who have since become citizens of the + United States. +</p> +<a name="note-19"><!--Note--></a> +<p class="foot"> +<u>19</u> Requesting information "in relation to a removal of the + Protestant Church or religious assembly meeting at the American embassy + from the city of Rome by an order of that Government." +</p> +<a name="note-20"><!--Note--></a> +<p class="foot"> +<u>20</u> Dispatch from the United States consul at Geneva, with an + inclosure, refuting charges against his moral character, etc. +</p> +<a name="note-21"><!--Note--></a> +<p class="foot"> +<u>21</u> Relating to trials in Canada of citizens of the United + States for complicity in the Fenian invasion of that country. +</p> +<a name="note-22"><!--Note--></a> +<p class="foot"> +<u>22</u> Relating to the withdrawal of French troops from the + Mexican Republic. +</p> +<a name="note-23"><!--Note--></a> +<p class="foot"> +<u>23</u> Relating to the fees of consular agents within the + districts of salaried consuls, etc. +</p> +<a name="note-24"><!--Note--></a> +<p class="foot"> +<u>24</u> Relating to the exequatur of the consul of the Grand Duchy + of Oldenburg residing at New York. +</p> +<a name="note-25"><!--Note--></a> +<p class="foot"> +<u>25</u> Relating to the absence of Territorial officers from their + posts of duty. +</p> +<a name="note-26"><!--Note--></a> +<p class="foot"> +<u>26</u> Relating to the absence of Governor Alexander Cumming from + the Territory of Colorado since his appointment as governor. +</p> +<a name="note-27"><!--Note--></a> +<p class="foot"> +<u>27</u> See Executive order of June 20, 1867, pp. 552-556. +</p> +<a name="note-28"><!--Note--></a> +<p class="foot"> +<u>28</u> Pocket veto. Was never sent to Congress, but was deposited + in the Department of State. +</p> +<a name="note-29"><!--Note--></a> +<p class="foot"> +<u>29</u> Joint resolution placing certain troops of Missouri on an + equal footing with others as to bounties. +</p> +<a name="note-30"><!--Note--></a> +<p class="foot"> +<u>30</u> Relating to the removal of J. Lothrop Motley from his post + as minister of the United States at Vienna. +</p> +<a name="note-31"><!--Note--></a> +<p class="foot"> +<u>31</u> Relating to the formation and the functions of the + Government of the united States of North Germany. +</p> +<a name="note-32"><!--Note--></a> +<p class="foot"> +<u>32</u> Report of George H. Sharpe relative to the assassination + of President Lincoln and the attempted assassination of Secretary + Seward. +</p> +<a name="note-33"><!--Note--></a> +<p class="foot"> +<u>33</u> Relating to the removal of Governor Ballard, of the + Territory of Idaho. +</p> +<a name="note-34"><!--Note--></a> +<p class="foot"> +<u>34</u> Relating to the famine in Sweden and Norway. +</p> +<a name="note-35"><!--Note--></a> +<p class="foot"> +<u>35</u> See pp. 618-620. +</p> +<a name="note-36"><!--Note--></a> +<p class="foot"> +<u>36</u> See pp. 615-618. +</p> +<a name="note-37"><!--Note--></a> +<p class="foot"> +<u>37</u> See pp. 613-615. +</p> +<a name="note-38"><!--Note--></a> +<p class="foot"> +<u>38</u> See pp. 613-615. +</p> +<a name="note-39"><!--Note--></a> +<p class="foot"> +<u>39</u> See pp. 618-620. +</p> +<a name="note-40"><!--Note--></a> +<p class="foot"> +<u>40</u> See p. 613. +</p> +<a name="note-41"><!--Note--></a> +<p class="foot"> +<u>41</u> See p. 615. +</p> +<a name="note-42"><!--Note--></a> +<p class="foot"> +<u>42</u> See pp. 612-613. +</p> +<a name="note-43"><!--Note--></a> +<p class="foot"> +<u>43</u> See p. 615. +</p> +<a name="note-44"><!--Note--></a> +<p class="foot"> +<u>44</u> See pp. 618-620. +</p> +<a name="note-45"><!--Note--></a> +<p class="foot"> +<u>45</u> See pp. 615-618. +</p> +<a name="note-46"><!--Note--></a> +<p class="foot"> +<u>46</u> See pp. 603-610. +</p> +<a name="note-47"><!--Note--></a> +<p class="foot"> +<u>47</u> See p. 615. +</p> +<a name="note-48"><!--Note--></a> +<p class="foot"> +<u>48</u> See pp. 603-605. +</p> +<a name="note-49"><!--Note--></a> +<p class="foot"> +<u>49</u> See p. 613. +</p> +<a name="note-50"><!--Note--></a> +<p class="foot"> +<u>50</u> See pp. 613-615. +</p> +<a name="note-51"><!--Note--></a> +<p class="foot"> +<u>51</u> See p. 615. +</p> +<a name="note-52"><!--Note--></a> +<p class="foot"> +<u>52</u> See pp. 615-618. +</p> +<a name="note-53"><!--Note--></a> +<p class="foot"> +<u>53</u> See pp. 613-615. +</p> +<a name="note-54"><!--Note--></a> +<p class="foot"> +<u>54</u> Relating to a claim, under the act of Congress of August + 18, 1856, of citizens of the United States to guano on Alta Vela, an + island in the vicinity of Santo Domingo. +</p> +<a name="note-55"><!--Note--></a> +<p class="foot"> +<u>55</u> Relating to unexpended appropriations for contingent + expenses of foreign intercourse; amount remaining on deposit with + Baring Brothers & Co. September 30, 1867, etc. +</p> +<a name="note-56"><!--Note--></a> +<p class="foot"> +<u>56</u> Declining to transmit copies of correspondence, + negotiations, and treaties with German States since January 1, 1868, + relative to the rights of naturalized citizens. +</p> +<a name="note-57"><!--Note--></a> +<p class="foot"> +<u>57</u> Statement of amounts paid for legal services by the + Department of State during each year since 1860, with names of persons + to whom paid. +</p> +<a name="note-58"><!--Note--></a> +<p class="foot"> +<u>58</u> Report of Elliot C. Cowdin, United States commissioner + to the Paris Exposition of 1867, on silk and silk manufactures. +</p> +<a name="note-59"><!--Note--></a> +<p class="foot"> +<u>59</u> Transmitting correspondence pertaining to the convention + of February 22, 1868, with the North German Confederation, relative to + naturalization. +</p> +<a name="note-60"><!--Note--></a> +<p class="foot"> +<u>60</u> Constitutions of South Carolina and Arkansas. +</p> +<a name="note-61"><!--Note--></a> +<p class="foot"> +<u>61</u> Relating to application for exclusive privileges in + connection with hunting, trading, and the fisheries in Alaska. +</p> +<a name="note-62"><!--Note--></a> +<p class="foot"> +<u>62</u> Report of Freeman H. Morse, United States consul at + Condon, on "The Foreign Maritime Commerce of the United States: Its + Past, Present, and Future," etc. +</p> +<a name="note-63"><!--Note--></a> +<p class="foot"> +<u>63</u> Constitutions of North Carolina and Louisiana. +</p> +<a name="note-64"><!--Note--></a> +<p class="foot"> +<u>64</u> Relating to the detention, at the request of the House + of Representatives, of the ironclad monitors <i>Oneoto</i> and <i>Catawba</i>, + purchased from the United States by Swift & Co., and supposed to be + intended for the Government of Peru, then at war with a power friendly + to the United States. +</p> +<a name="note-65"><!--Note--></a> +<p class="foot"> +<u>65</u> Constitution of Georgia. +</p> +<a name="note-66"><!--Note--></a> +<p class="foot"> +<u>66</u> Letter from the president of the constitutional convention + of Florida, transmitting a copy of the constitution of that State. +</p> +<a name="note-67"><!--Note--></a> +<p class="foot"> +<u>67</u> Correspondence relative to the act of Congress of March + 27, 1867, prohibiting persons in the diplomatic service of the United + States from wearing any uniform or official costume not previously + authorized by Congress. +</p> +<a name="note-68"><!--Note--></a> +<p class="foot"> +<u>68</u> Petitions of merchants and shipowners of New York and + Boston relative to the detention, at the request of the House of + Representatives, of the ironclad monitors <i>Oneoto</i> and <i>Calawba</i>, + purchased from the United States by Swift & Co., and supposed to be + intended for the Government of Peru, then at war with a power friendly + to the United States. +</p> +<a name="note-69"><!--Note--></a> +<p class="foot"> +<u>69</u> Relating to absence from his post of the consul at Panama. +</p> +<a name="note-70"><!--Note--></a> +<p class="foot"> +<u>70</u> Relating to the sending of a commissioner from the United + States to Spain. +</p> +<a name="note-71"><!--Note--></a> +<p class="foot"> +<u>71</u> Giving reasons why reductions in the number of officers + and employees and in the salaries and expenses of the Department of + State should not be made. +</p> +<a name="note-72"><!--Note--></a> +<p class="foot"> +<u>72</u> Relating to the exercise or claim by United States consuls + in Japan of judicial powers in cases arising between American citizens + and citizens or subjects of any foreign nation ether than Japan, etc. +</p> +<a name="note-73"><!--Note--></a> +<p class="foot"> +<u>73</u> Note by the Executive Clerk of the Senate.—"The + communication from the Secretary of the Interior and this report of the + Commissioner of Indian Affairs did not accompany the above communication + from the president." +</p> +<a name="note-74"><!--Note--></a> +<p class="foot"> +<u>74</u> Relating to buildings occupied in Washington by + Departments of the Government. +</p> +<a name="note-75"><!--Note--></a> +<p class="foot"> +<u>75</u> Relating to the claim of William T. Harris, a United + States citizen, to property withheld by the Brazilian Government. +</p> +<a name="note-76"><!--Note--></a> +<p class="foot"> +<u>76</u> See letter from the Chief Justice, pp. 718-720. +</p> +<hr class="full"> +<div style="height: 4em;"><br><br><br><br></div> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 12755 ***</div> +</body> +</html> |