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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/28831-8.txt b/28831-8.txt new file mode 100644 index 0000000..0912fa7 --- /dev/null +++ b/28831-8.txt @@ -0,0 +1,6686 @@ +The Project Gutenberg EBook of Key-Notes of American Liberty, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Key-Notes of American Liberty + Comprising the most important speeches, proclamations, and + acts of Congress, from the foundation of the government + to the presen + +Author: Various + +Editor: E. B. Treat + +Release Date: May 15, 2009 [EBook #28831] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + + + + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + + + + + +Transcriber's Note + +The punctuation and spelling from the original text have been faithfully +preserved. Only obvious typographical errors have been corrected. + +[Illustration: Engd. by H.B. Hall, from the original Painting by +Stuart.] + + + + + KEY-NOTES + + OF + + AMERICAN LIBERTY; + + COMPRISING + + THE MOST IMPORTANT SPEECHES, PROCLAMATIONS, AND + ACTS OF CONGRESS, FROM THE FOUNDATION + OF THE GOVERNMENT TO THE + PRESENT TIME. + + WITH A + + HISTORY OF THE FLAG, + + BY A DISTINGUISHED HISTORIAN. + + Illustrated. + + NEW YORK: + + E.B. TREAT & CO. + + 654 BROADWAY. + + CHICAGO, ILLINOIS: R.C. TREAT and C.W. LILLEY. + B.C. BAKER, DETROIT, MICH. L.C. BRAINARD, ST. LOUIS, MO. + A.O. BRIGGS, CLEVELAND, O. M. PITMAN & CO., BOSTON, MASS. + A.L. TALCOTT, PITTSBURG, PA. + + + + +ENTERED, according to Act of Congress, in the year 1866, by + +E.B. TREAT. + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + +MACDONALD & STONE, PRINTERS AND STEREOTYPERS, 43 CENTRE STREET, N.Y. + + + + +PREFACE. + + +This book appeals to the patriotic sentiments of all classes of readers. +In its pages will be found those words of burning eloquence which +lighted the fires of the American Revolution, stirring the hearts of our +fathers to do battle for our independence; the words of wisdom which +brought our ship of state safely through the storms of strife into the +calms of peace, and all of the most important speeches and proclamations +of our statesmen which guided our country during critical periods of our +political life. It is a book of our country as a whole; all must read it +with emotions of gratitude and pride at the grandeur and stability of +our institutions as exemplified by the eloquent words of the statesmen +and leading spirits of the great Republic. + +First in its pages, appropriately, will be found the "Declaration of +Independence," the great corner stone of American liberty; and as a +fitting close, one of our most distinguished historians has furnished a +"History of the Flag,"--the Flag of the Union, the sacred emblem around +which are clustered the memories of the thousands of heroes who have +struggled to sustain it untarnished against both foreign and domestic +foes. To the Declaration of Independence, Constitution of the United +States, and Washington's Farewell Address--truly "Key Notes to American +Liberty"--have been added many important proclamations and congressional +acts of a later day, namely: President Jackson's famous Nullification +Proclamation to South Carolina, The Monroe Doctrine, Dred Scott +Decision, Neutrality laws, with numerous documents, state papers and +statistical matter growing out of the late Rebellion; all of which will +be read with new and ever increasing interest. And as long as our +Republic endures, these pages will be cherished as the representative of +all that is great and good in our country; and will prove incentives to +our children to follow in the footsteps of the patriots by whose genius +and valor our institutions have been cherished and preserved, and +liberty, like water made to run throughout the land free to all. + + + + +CONTENTS. + + + PAGE. + + DECLARATION OF INDEPENDENCE, 9 + + CONSTITUTION OF THE UNITED STATES, 18 + + AMENDMENTS TO THE CONSTITUTION, 39 + + CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY, 44 + + PROPOSED AMENDMENTS OF THE XXXIXTH CONGRESS, 48 + + THE ORDINANCE OF 1787, 51 + + THE FUGITIVE SLAVE BILL OF 1793, 52 + + THE FUGITIVE SLAVE BILL OF 1850, 55 + + THE MISSOURI COMPROMISE, 67 + + THE STATES OF THE UNION, WITH THE DATE OF THEIR + ADMISSION, 69 + + INAUGURAL ADDRESS OF GEORGE WASHINGTON, 70 + + WASHINGTON'S FAREWELL ADDRESS, 77 + + PRESIDENT JACKSON'S PROCLAMATION TO SOUTH + CAROLINA, 105 + + MONROE DOCTRINE, 144 + + DRED SCOTT DECISION, 146 + + PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED + STATES, WITH THE POPULAR VOTE FOR EACH, 154 + + POPULAR NAMES OF STATES, 166 + + BATTLES OF THE REVOLUTION, 167 + + NEUTRALITY LAW OF THE UNITED STATES, 168 + + POPULATION OF THE UNITED STATES, 176 + + SLAVE POPULATION IN THE U.S. IN 1860, 177 + + STATISTICS OF SLAVERY BEFORE THE REVOLUTION, 178 + + SPEECH OF HON. STEPHEN A. DOUGLAS,--HIS LAST + WORDS FOR THE UNION, 179 + + PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS, 186 + + TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING + THE REBELLION, 188 + + RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE, 189 + + BLOCKADE PROCLAMATION, BY PRESIDENT LINCOLN, 194 + + EMANCIPATION PROCLAMATION, 197 + + CONFISCATION ACT, 201 + + FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN, 204 + + BALANCE SHEET OF THE GOVERNMENT, BEFORE AND SINCE + THE WAR, 1859 AND 1865, 221 + + PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL + ADDRESS, 222 + + PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY, 226 + + PRESIDENT JOHNSON'S AMNESTY PROCLAMATION, 232 + + PRESIDENT JOHNSON'S PEACE PROCLAMATION, 237 + + THE CIVIL RIGHTS BILL, 239 + + FREEDMEN'S BUREAU BILL, 248 + + PROVOST MARSHAL-GENERAL'S REPORT, OF THE KILLED AND + WOUNDED DURING THE REBELLION, 261 + + THE UNITED STATES ARMY, SHOWING THE NUMBER OF MEN + FURNISHED FROM EACH STATE DURING THE REBELLION, 265 + + HISTORY OF THE FLAG, 266 + + + + +Key-Notes of American Liberty. + + + + +DECLARATION OF INDEPENDENCE. + + IN CONGRESS, July 4, 1776. + +_By the Representatives of the United States, in Congress assembled._ + + +A DECLARATION. + +When, in the course of human events, it becomes necessary for one people +to dissolve the political bands which have connected them with another, +and to assume among the powers of the earth the separate and equal +station to which the laws of nature and of nature's God entitle them, a +decent respect for the opinions of mankind requires that they should +declare the causes which impel them to the separation. + +We hold these truths to be self-evident:--that all men are created +equal; that they are endowed by their Creator with certain inalienable +rights; that among these are life, liberty, and the pursuit of +happiness; that to secure these rights, governments are instituted among +men, deriving their just powers from the consent of the governed; that +whenever any form of government becomes destructive of these ends it is +the right of the people to alter or to abolish it, and to institute a +new government, laying its foundation on such principles, and organizing +its powers in such form, as to them shall seem most likely to effect +their safety and happiness. Prudence, indeed, will dictate that +governments long established should not be changed for light and +transient causes; and accordingly all experience hath shown that mankind +are more disposed to suffer, while evils are sufferable, than to right +themselves by abolishing the forms to which they are accustomed. But +when a long train of abuses and usurpations, pursuing invariably the +same object, evinces a design to reduce them under absolute despotism, +it is their right, it is their duty, to throw off such government, and +to provide new guards for their future security. Such has been the +patient sufferance of these colonies; and such is now the necessity +which constrains them to alter their former system of government. The +history of the present King of Great Britain is a history of repeated +injuries and usurpations, all having in direct object the establishment +of an absolute tyranny over these States. To prove this, let facts be +submitted to a candid world. + +He has refused his assent to laws the most wholesome and necessary for +the public good. + +He has forbidden his governors to pass laws of immediate and pressing +importance, unless suspended in their operation till his assent should +be obtained; and, when so suspended, he has utterly neglected to attend +to them. + +He has refused to pass other laws for the accommodation of large +districts of people, unless those people would relinquish the right of +representation in the legislature--a right inestimable to them, and +formidable to tyrants only. + +He has called together legislative bodies at places unusual, +uncomfortable, and distant from the depository of their public records, +for the sole purpose of fatiguing them into compliance with his +measures. + +He has dissolved representative houses repeatedly, for opposing, with +manly firmness, his invasions on the right of the people. + +He has refused, for a long time after such dissolutions, to cause others +to be elected; whereby the legislative powers, incapable of +annihilation, have returned to the people at large for their exercise; +the State remaining, in the mean time, exposed to all the danger of +invasion from without and convulsions within. + +He has endeavored to prevent the population of these States; for that +purpose obstructing the laws for naturalization of foreigners, refusing +to pass others to encourage their migration hither, and raising the +conditions of new appropriations of lands. + +He has obstructed the administration of justice, by refusing his assent +to laws for establishing judiciary powers. + +He has made judges dependent on his will alone for the tenure of their +offices and the amount and payment of their salaries. + +He has erected a multitude of new offices, and sent hither swarms of +officers, to harass our people and eat out their substance. + +He has kept among us, in times of peace, standing armies, without the +consent of our legislatures. + +He has affected to render the military independent of and superior to +the civil power. + +He has combined with others to subject us to a jurisdiction foreign to +our constitution and unacknowledged by our laws; giving his assent to +their acts of pretended legislation,-- + +For quartering large bodies of armed troops among us: + +For protecting them, by a mock trial, from punishment for any murders +which they should commit on the inhabitants of these States: + +For cutting off our trade with all parts of the world: + +For imposing taxes on us without our consent: + +For depriving us, in many cases, of the benefits of trial by jury: + +For transporting us beyond seas, to be tried for pretended offences: + +For abolishing the free system of English law in a neighboring province, +establishing therein an arbitrary government, and enlarging its +boundaries so as to render it at once an example and fit instrument for +introducing the same absolute rule into these colonies: + +For taking away our charters, abolishing our most valuable laws, and +altering fundamentally the forms of our government: + +For suspending our own legislatures, and declaring themselves invested +with power to legislate for us in all cases whatsoever. + +He has abdicated government here by declaring us out of his protection, +and waging war against us. + +He has plundered our seas, ravaged our coasts, burned our towns, and +destroyed the lives of our people. + +He is at this time transporting large armies of foreign mercenaries, to +complete the works of death, desolation, and tyranny, already begun, +with circumstances of cruelty and perfidy scarcely paralleled in the +most barbarous ages, and totally unworthy the head of a civilized +nation. + +He has constrained our fellow-citizens, taken captive on the high seas, +to bear arms against their country, to become the executioners of their +friends and brethren, or to fall themselves by their hands. + +He has excited domestic insurrections amongst us, and has endeavored to +bring on the inhabitants of our frontiers the merciless Indian savages, +whose known rule of warfare is an undistinguished destruction of all +ages, sexes, and conditions. + +In every stage of these oppressions we have petitioned for redress in +the most humble terms; our petitions have been answered only by repeated +injury. A prince whose character is thus marked by every act which may +define a tyrant, is unfit to be the ruler of a free people. + +Nor have we been wanting in attention to our British brethren. We have +warned them, from time to time, of attempts made by their legislature to +extend an unwarrantable jurisdiction over us. We have reminded them of +the circumstances of our emigration and settlement here. We have +appealed to their native justice and magnanimity, and we have conjured +them, by the ties of our common kindred, to disavow these usurpations, +which would inevitably interrupt our connections and correspondence. +They, too, have been deaf to the voice of justice and consanguinity. We +must therefore acquiesce in the necessity which denounces our +separation, and hold them, as we hold the rest of mankind, enemies in +war--in peace, friends. + +We, therefore, the representatives of the United States of America, in +General Congress assembled, appealing to the Supreme Judge of the world +for the rectitude of our intentions, do, in the name and by the +authority of the good people of these colonies, solemnly publish and +declare that these United Colonies are, and of good right ought to be, +free and independent States; that they are absolved from all allegiance +to the British crown, and that all political connection between them and +the State of Great Britain is, and ought to be, totally dissolved; and +that, as free and independent States, they have full power to levy war, +conclude peace, contract alliances, establish commerce, and to do all +other acts and things which independent States may of right do. And for +the support of this declaration, with a firm reliance on the protection +of Divine Providence, we mutually pledge to each other our lives, our +fortunes, and our sacred honor. + +Signed by order and in behalf of the Congress. + +JOHN HANCOCK, _President_. + +Attested, CHARLES THOMPSON, _Secretary_. + +NEW HAMPSHIRE. PENNSYLVANIA. + +Josiah Bartlett, Robert Morris, +William Whipple, Benjamin Rush, +Matthew Thornton. Benjamin Franklin, + John Morton, +MASSACHUSETTS BAY. George Clymer, + James Smith, +Samuel Adams, George Taylor, +John Adams, James Wilson, +Robert Treat Paine, George Ross. +Eldridge Gerry. + DELAWARE. +RHODE ISLAND, ETC. + Cæsar Rodney, +Stephen Hopkins, George Read, +William Ellery. Thomas M'Kean. + +CONNECTICUT. MARYLAND. + +Roger Sherman, Samuel Chase, +Samuel Huntington, William Paca, +William Williams, Thomas Stone, +Oliver Wolcott. Charles Carroll, of Carrollton. + +NEW YORK. VIRGINIA. + +William Floyd, George Wythe, +Philip Livingston, Richard Henry Lee, +Francis Lewis, Thomas Jefferson, +Lewis Morris. Benjamin Harrison, + Thomas Nelson, jr., +NEW JERSEY. Francis Lightfoot Lee, + Carter Braxton. +Richard Stockton, +John Witherspoon, +Francis Hopkinson, +John Hart, +Abraham Clark. + +NORTH CAROLINA. Thomas Heyward, jr., + Thomas Lynch, jr., +William Hooper, Arthur Middleton. +Joseph Hewes, +John Penn. GEORGIA. + +SOUTH CAROLINA. Button Gwinnett, + Lyman Hall, +Edward Rutledge, George Walton. + + + + +CONSTITUTION OF THE UNITED STATES. + + We, the People of the United States, in order to form a more + perfect union, establish justice, insure domestic tranquillity, + provide for the common defence, promote the general welfare, and + secure the blessings of liberty to ourselves and our posterity, do + ordain and establish this Constitution for the United States of + America. + + +ARTICLE I. + +§ I.--All legislative powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and House +of Representatives. + +§ II.--1. The House of Representatives shall be composed of members +chosen every second year by the people of the several States; and the +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State legislature. + +2. No person shall be a representative who shall not have attained the +age of twenty-five years, and been seven years a citizen of the United +States, and who shall not, when elected, be an inhabitant of the State +in which he shall be chosen. + +3. Representatives and direct taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service for a +term of years, and excluding Indians not taxed, three-fifths of all +other persons. The actual enumeration shall be made within three years +after the first meeting of the Congress of the United States, and within +every subsequent term of ten years, in such manner as they shall by law +direct. The number of representatives shall not exceed one for every +thirty thousand, but each State shall have at least one representative; +and until such enumeration shall be made, the State of _New Hampshire_ +shall be entitled to choose three; _Massachusetts_, eight; _Rhode Island +and Providence Plantations_, one; _Connecticut_, five; _New York_, six; +_New Jersey_, four; _Pennsylvania_, eight; _Delaware_, one; _Maryland_, +six; _Virginia_, ten; _North Carolina_, five; _South Carolina_, five; +_Georgia_, three. + +4. When vacancies happen in the representation of any State, the +executive authority thereof shall issue writs of election to fill such +vacancies. + +5. The House of Representatives shall choose their speaker and other +officers, and shall have the sole power of impeachment. + +§ III.--1. The Senate of the United States shall be composed of two +senators from each State, chosen by the legislature thereof, for six +years; and each senator shall have one vote. + +2. Immediately after they shall be assembled in consequence of the first +election, they shall be divided, as equally as may be, into three +classes. The seats of the senators of the first class shall be vacated +at the expiration of the second year, of the second class at the +expiration of the fourth year, and the third class at the expiration of +the sixth year, so that one third may be chosen every second year; and +if vacancies happen, by resignation or otherwise, during the recess of +the legislature of any State, the executive thereof may make temporary +appointments until the next meeting of the legislature, which shall then +fill such vacancies. + +3. No person shall be a Senator who shall not have attained the age of +thirty years, and been nine years a citizen of the United States, and +who shall not, when elected, be an inhabitant of that State for which he +shall be chosen. + +4. The Vice-President of the United States shall be President of the +Senate, but shall have no vote, unless they be equally divided. + +5. The Senate shall choose their other officers, and also a president +pro tempore in the absence of the Vice-President, or when he shall +exercise the office of President of the United States. + +6. The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When the +President of the United States is tried, the chief justice shall +preside; and no person shall be convicted without the concurrence of +two-thirds of the members present. + +7. Judgment, in cases of impeachment, shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust, or profit under the United States; but the party +convicted shall, nevertheless, be liable and subject to indictment, +trial, judgment, and punishment, according to law. + +§ IV.--1. The times, places, and manner of holding elections for +Senators and representatives shall be prescribed in each State by the +legislature thereof; but the Congress may, at any time, by law, make or +alter such regulations, except as to the places of choosing senators. + +2. The Congress shall assemble at least once in every year; and such +meeting shall be on the first Monday in December, unless they shall by +law appoint a different day. + +§ V.--1. Each house shall be judge of the elections, returns, and +qualifications of its own members; and a majority of each shall +constitute a quorum to do business; but a smaller number may adjourn +from day to day, and may be authorized to compel the attendance of +absent members, in such manner and under such penalties as each house +may provide. + +2. Each house may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of +two-thirds, expel a member. + +3. Each house shall keep a journal of its proceedings, and from time to +time publish the same, excepting such parts as may, in their judgment, +require secrecy; and the yeas and nays of the members of either house on +any question shall, at the desire of one-fifth of those present, be +entered on the journal. + +4. Neither house, during the session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any other +place than that in which the two houses shall be sitting. + +§ VI.--1. The senators and representatives shall receive a compensation +for their services, to be ascertained by law, and paid out of the +treasury of the United States. They shall, in all cases except treason, +felony, and breach of the peace, be privileged from arrest during their +attendance at the session of their respective houses, and in going to or +returning from the same; and for any speech or debate in either house +they shall not be questioned in any other place. + +2. No senator or representative shall, during the time for which he was +elected, be appointed to any civil office under the authority of the +United States which shall have been created, or the emoluments whereof +shall have been increased, during such time; and no person holding any +office under the United States shall be a member of either house during +his continuance in office. + +§ VII.--1. All bills for raising revenue shall originate in the House of +Representatives; but the Senate may propose or concur with amendments, +as on other bills. + +2. Every bill which shall have passed the House of Representatives and +the Senate shall, before it becomes a law, be presented to the President +of the United States; if he approve, he shall sign it; but if not, he +shall return it with his objections, to that house in which it shall +have originated, who shall enter the objections at large on their +journal, and proceed to reconsider it. If, after such reconsideration, +two thirds of that house shall agree to pass the bill, it shall be sent, +together with the objections, to the other house; and if approved by +two-thirds of that house it shall become a law. But in all such cases +the votes of both houses shall be determined by yeas and nays; and the +name of the persons voting for and against the bill shall be entered on +the journals of each house respectively. 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 Congress, by their adjournment, +prevent its return; in which case it shall not be a law. + +3. Every order, resolution, or vote to which the concurrence of the +Senate and House of Representatives may be necessary (except on a +question of adjournment) shall be presented to the President of the +United States, and before the same shall take effect shall be approved +by him, or, being disapproved by him, shall be repassed by two-thirds of +the Senate and House of Representatives, according to the rules and +limitations prescribed in the case of a bill. + +§ VIII.--The Congress shall have power-- + +1. To lay and collect taxes, duties, imposts, and excises; to pay the +debts and provide for the common defence and general welfare of the +United States; but all duties, imposts, and excises shall be uniform +throughout the United States: + +2. To borrow money on the credit of the United States: + +3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes: + +4. To establish a uniform rule of naturalization, and uniform laws on +the subject of bankruptcies, throughout the United States: + +5. To coin money, regulate the value thereof, and of foreign coin, and +fix the standard of weights and measures: + +6. To provide for the punishment of counterfeiting the securities and +current coin of the United States: + +7. To establish post offices and post roads: + +8. To promote the progress of science and useful arts, by securing, for +limited times, to authors and inventors the exclusive right to their +respective writings and discoveries: + +9. To constitute tribunals inferior to the Supreme Court: + +10. To define and punish piracies and felonies committed on the high +seas, and offences against the law of nations: + +11. To declare war, grant letters of marque and reprisal, and make rules +concerning captures on land and water: + +12. To raise and support armies; but no appropriation of money to that +use shall be for a longer term than two years: + +13. To provide and maintain a navy: + +14. To make rules for the government and regulation of the land and +naval forces: + +15. To provide for calling forth the militia to execute the laws of the +Union, suppress insurrections, and repel invasions: + +16. To provide for organizing, arming, and disciplining the militia, and +for governing such part of them as may be employed in the service of the +United States, reserving to the States respectively the appointment of +the officers, and the authority of training the militia, according to +the discipline prescribed by Congress: + +17. To exercise exclusive legislation, in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +particular States, and the acceptance of Congress, become the seat of +government of the United States, and to exercise like authority over all +places purchased by the consent of the legislature of the State in +which the same shall be, for the erection of forts, magazines, arsenals, +dock yards, and other needful building: And, + +18. To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by this +Constitution in the government of the United States, or in any +department or officer thereof. + +§ IX.--1. The migration or importation of such persons as any of the +States, now existing, shall think proper to admit, shall not be +prohibited by the Congress prior to the year one thousand eight hundred +and eight; but a tax or duty may be imposed on such importation, not +exceeding ten dollars for each person. + +2. The privilege of the writ of habeas corpus shall not be suspended, +unless when, in cases of rebellion or invasion, the public safety may +require it. + +3. No bill of attainder, or ex post facto law, shall be passed. + +4. No capitation or other direct tax shall be laid, unless in proportion +to the census or enumeration herein before directed to be taken. + +5. No tax or duty shall be laid on articles exported from any States. No +preference shall be given, by any regulation of commerce or revenue, to +the ports of one State over those of another; nor shall vessels bound +to or from one State be obliged to enter, clear, or pay duties in +another. + +6. No money shall be drawn from the treasury but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +7. No title of nobility shall be granted by the United States; and no +person holding any office of profit or trust under them shall, without +the consent of the Congress, accept of any present, emolument, office, +or title of any kind whatever, from any king, prince, or foreign State. + +§ X.--1. No state shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make any thing but gold and silver coin a tender in +payment of debts; pass any bill of attainder, ex post facto law, or +impairing the obligation of contracts; or grant any title of nobility. + +2. No State shall, without the consent of Congress, lay any imposts or +duties on imports or exports, except what maybe absolutely necessary for +executing its inspection laws; and the net produce of all duties and +imposts laid by any State on imports or exports shall be for the use of +the treasury of the United States; and all such laws shall be subject +to the revision and control of the Congress. No State shall, without the +consent of Congress, lay any duty on tonnage, keep troops or ships of +war in time of peace, enter into any agreement or compact with another +State or with a foreign power, or engage in war, unless actually +invaded, or in such imminent danger as will not admit of delay. + + +ARTICLE II. + +§ I.--1. 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: + +2. 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. + +3. [Annulled. See Amendments, Art. 12.] + +4. The Congress may determine the time of choosing the electors, and the +day on which they shall give their votes, which day shall be the same +throughout the United States. + +5. No person except a natural-born citizen, or a citizen of the United +States at the time of the adoption of this Constitution, shall be +eligible to the office of President; neither shall any person be +eligible to that office who shall not have attained the age of +thirty-five years, and been fourteen years a resident within the United +States. + +6. 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 the Congress +may by law provide for the case of removal, death, resignation, or +inability both of the President and Vice-President, declaring what +officer shall then act as President, and such officer shall act +accordingly, until the disability be removed, or a President shall be +elected. + +7. The President shall, at stated times, receive for his services a +compensation which shall neither be increased nor diminished during the +period for which he shall have been elected; and he shall not receive, +within that period, any other emolument from the United States, or any +of them. + +8. Before he enter on the execution of his office, he shall take the +following oath or affirmation:-- + +"I do solemnly swear (or affirm) that I will faithfully execute the +office of President of the United States, and will, to the best of my +ability, preserve, protect, and defend the Constitution of the United +States." + +§ II.--1. The President shall be commander-in-chief of the army and navy +of the United States, and of the militia of the several States, when +called into the actual service of the United States: he may require the +opinion, in writing, of the principal officer in each of the executive +departments upon any subject relating to the duties of their respective +offices; and he shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment. + +2. He shall have power, by and with the advice and consent of the +Senate, to make treaties, provided two-thirds of the Senators present +concur; and he shall nominate, and by and with the advice and consent of +the Senate shall appoint, ambassadors, other public ministers, and +consuls, judges of the Supreme Court, and all other officers of the +United States whose appointments are not herein otherwise provided for, +and which shall be established by law. But the 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. + +3. The President shall have power to fill up all vacancies that may +happen during the recess of the Senate, by granting commissions, which +shall expire at the end of the next session. + +§ III.--He shall, from time to time, give to the Congress information of +the state of the Union, and recommend to their consideration such +measures as he shall judge necessary and expedient; he may, on +extraordinary occasions, convene both houses, or either of them, and in +case of disagreement between them with respect to the time of +adjournment, he may adjourn them to such time as he shall think proper; +he shall receive ambassadors and other public ministers; he shall take +care that the laws are faithfully executed; and shall commission all the +officers of the United States. + +§ IV.--The President, Vice-President, and all civil officers of the +United States, shall be removed from office on impeachment for, and +conviction of, treason, bribery, or other high crimes and misdemeanors. + + +ARTICLE III. + +§ I.--The judicial power of the United States shall be vested in one +Supreme Court, and in such inferior courts as the Congress may, from +time to time, ordain and establish. The judges, both of the Supreme and +inferior courts, shall hold their offices during good behavior, and +shall, at stated times, receive for their services a compensation which +shall not be diminished during their continuance in office. + +§II.--1. The judicial power 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, and 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. + +2. In all cases affecting ambassadors, other public ministers, and +consuls, and those in which a State shall be a party, the Supreme Court +shall have original jurisdiction. In all other cases before mentioned, +the Supreme Court shall have appellate jurisdiction, both as to law and +fact, with such exceptions, and under such regulations, as the Congress +shall make. + +3. The trial of all crimes, except in cases of impeachment, shall be by +jury; and such trial shall be held in the State where such crimes shall +have been committed; but when not committed within any State, the trial +shall be at such place or places as the Congress may by law have +directed. + +§ III.--1. Treason against the United States shall consist only in +levying war against them, or in adhering to their enemies, giving them +aid and comfort. No person shall be convicted of treason, unless on the +testimony of two witnesses to the same overt act, or confessions in open +court. + +2. The Congress shall have power to declare the punishment of treason; +but no attainder of treason shall work corruption of blood, or +forfeiture, except during the life of the person attainted. + + +ARTICLE IV. + +§ I.--Full faith and credit shall be given in each State to the public +acts, records, and judicial proceedings of every other State. And the +Congress may, by general laws, prescribe the manner in which such acts, +records, and proceedings shall be proved, and the effect thereof. + +§ II.--1. The citizens of each State shall be entitled to all privileges +and immunities of citizens in the several States. + +2. A person charged in any State with treason, felony, or other crime, +who shall flee from justice, and be found in another State, shall, on +demand of the executive authority of the State from which he fled, be +delivered up to be removed to the State having jurisdiction of the +crime. + +3. No person held to service or labor in one State, under the laws +thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall +be delivered up on claim of the party to whom such service or labor may +be due. + +§ III.--1. New States may be admitted by the Congress into this Union; +but no new State shall shall be formed or erected within the +jurisdiction of any other State; nor any State be formed by the junction +of two or more States, or parts of States, without the consent of the +legislature of the States concerned, as well as of the Congress. + +2. The Congress shall have power to dispose of and make all needful +rules and regulations respecting the territory or other property +belonging to the United States; and nothing in this Constitution shall +be so construed as to prejudice any claims of the United States, or of +any particular State. + +§ IV.--The United States shall guaranty to every State of this Union a +republican form of government, and shall protect each of them against +invasion, and, on application of the legislature, or of the executive, +(when the legislature cannot be convened,) against domestic violence. + + +ARTICLE V. + +The Congress, whenever two-thirds of both houses shall deem it +necessary, shall propose amendments to this Constitution, or, on the +application of the legislatures of two-thirds of the several States, +shall call a convention for proposing amendments, which, in either case, +shall be valid to all intents and purposes, as part of this +Constitution, when ratified by the legislatures of three-fourths of the +several States, or by conventions in three-fourths thereof, as the one +or the other mode of ratification may be proposed by the Congress; +provided that no amendment which may be made prior to the year one +thousand eight hundred and eight 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. + + +ARTICLE VI. + +1. All debts contracted, and engagements entered into, before the +adoption of this Constitution, shall be as valid against the United +States under this Constitution as under the confederation. + +2. 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; any +thing in the Constitution or laws of any State to the contrary +notwithstanding. + +3. The senators and representatives before mentioned, and the members of +the several State legislatures, and all executive and all judicial +officers, both of the United States and of the several States, shall be +bound by oath or affirmation to support this Constitution; but no +religious test shall ever be required as a qualification to any office +or public trust under the United States. + + +ARTICLE VII. + +The ratification of the conventions of nine States shall be sufficient +for the establishment of this Constitution between the States so +ratifying the same. + + Done in Convention, by the unanimous consent of the States present, + the seventeenth day of September, in the year of our Lord one + thousand seven hundred and eighty-seven, and of the Independence of + the United States of America the twelfth. In witness whereof, we + have hereunto subscribed our names. + +GEORGE WASHINGTON, + +_President, and Deputy from Virginia._ + + + +NEW HAMPSHIRE. DELAWARE. + +John Langdon, George Read, +Nicholas Gilman. Gunning Bedford, jr., + John Dickinson, +MASSACHUSETTS. Richard Bassett, + Jacob Broom. +Nathaniel Gorham, +Rufus King. MARYLAND. + James McHenry, +CONNECTICUT. Daniel of St. Tho. Jenifer, + Daniel Carroll. +Wm. Samuel Johnson, +Roger Sherman. VIRGINIA. + +NEW YORK. John Blair, + James Madison, jr. +Alexander Hamilton. + NORTH CAROLINA. +NEW JERSEY. + William Blount, +William Livingston, Rich. Dobbs Spaight, +David Brearley, Hugh Williamson. +William Patterson, +Jonathan Dayton. SOUTH CAROLINA. + +PENNSYLVANIA. John Rutledge, +Benjamin Franklin, Charles C. Pinckney, +Thomas Mifflin, Charles Pinckney, +Robert Morris, Pierce Butler. +George Clymer, +Thomas Fitzsimons, GEORGIA. +Jared Ingersoll, +James Wilson, William Few, +Gouverneur Morris. Abraham Baldwin. + +Attest, WILLIAM JACKSON, _Secretary_. + + + + +AMENDMENTS TO THE CONSTITUTION. + + +ART. I.--Congress shall make no law 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. + +ART. II.--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. + +ART. III.--No soldier shall, in time of peace, be quartered in any house +without the consent of the owner, nor in time of war but in a manner to +be prescribed by law. + +ART. IV.--The right of the people to be secure in their persons, houses, +papers, and effects, against unreasonable searches and seizures, shall +not be violated; and no warrants shall issue but upon probable cause, +supported by oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized. + +ART. V.--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; nor shall any +person be subject for the same offence to be twice put in jeopardy of +life or limb; nor shall be compelled, in any criminal case, to be +witness against himself, nor be deprived of life, liberty, or property, +without due process of law; nor shall private property be taken for +public use without just compensation. + +ART. VI.--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, which district +shall have been previously ascertained by law, and to be informed of the +nature and cause of the accusation; to be confronted with the witnesses +against him; to have compulsory process for obtaining witnesses in his +favor; and to have the assistance of counsel for his defence. + +ART. VII.--In suits of common law, where the value in controversy shall +exceed twenty dollars, the right of trial by jury shall be preserved; +and no fact, tried by a jury, shall be otherwise reexamined in any court +of the United States than according to the rules of the common law. + +ART. VIII.--Excessive bail shall not be required, nor excessive fines +imposed, nor cruel and unusual punishments inflicted. + +ART. IX.--The enumeration in the Constitution of certain rights shall +not be construed to deny or disparage others retained by the people. + +ART. X.--The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved to the +States respectively, or to the people. + +ART. XI.--The judicial power of the United States shall not be construed +to extend to any suit in law or equity commenced or prosecuted against +one of the United States by citizens of another State, or by citizens or +subjects of any foreign State. + +ART. XII.--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 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 President, if such number be a majority of +the whole number of electors appointed; and if no person have such a +majority, then from the persons having the highest number, 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 fourth +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. + +2. The person having the greatest number of votes as Vice-President +shall be the Vice-President, if such number be a majority of the whole +number of electors appointed; and if no person have a majority, then +from the two highest numbers on the list the Senate shall choose the +Vice-President; a quorum for the purpose shall consist of two-thirds of +the whole number of senators, and a majority of the whole number shall +be necessary to a choice. + +3. But no person constitutionally ineligible to the office of President +shall be eligible to that of Vice-President of the United States. + + + + +THE CONSTITUTIONAL AMENDMENT. + + +ARTICLE V. of the Constitution of the United States clearly and +distinctly sets forth the mode and manner in which that instrument may +be amended, as follows: + +"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." + +In accordance with this article of the Constitution, the following +resolution was proposed in the Senate, on February 1, 1864, adopted +April 8, 1864, by a vote of 38 to 6, and was proposed in the House June +15, 1864, adopted Jan. 31, 1865, by a vote of 119 to 56: + +_Resolved_, By the Senate and House of Representatives of the United +States of America, in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures, +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes, as a part of the said +Constitution, namely: + +Art. XIII. 1st. 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. + +The amendment was now sent by the Secretary of State to the Governors of +the several States for ratification by the Legislatures; a majority vote +in three-fourths being required to make it a law of the land. + +On Dec. 18, 1865, Secretary Seward officially announced to the country +the ratification of the Amendment as follows: + +_To all to whom these presents may come, Greeting:_ + +_Know ye_, That, whereas the Congress of the United States, on the 1st +of February last, passed a resolution, which is in the words following, +namely: + +"A resolution submitting to the Legislatures of the several States a +proposition to amend the Constitution of the United States." + +"_Resolved_, By the Senate and House of Representatives of the United +States of America in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures +of the several States as an Amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes as a part of said +Constitution, namely: + +"'ARTICLE XIII. + +"'SECTION 1. 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. + +"'SECTION 2. Congress shall have power to enforce this article by +appropriate legislation.'" + +_And whereas_, It appears from official documents on file in this +Department, that the Amendment to the Constitution of the United States +proposed as aforesaid, has been ratified by the Legislatures of the +States of Illinois, Rhode Island, Michigan, Maryland, New York, West +Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, +Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, +Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, +Alabama, North Carolina, and Georgia, in all 27 States. + +_And whereas_, The whole number of States in the United States is 36. + +_And whereas_, The before specially named States, whose Legislatures +have ratified the said proposed Amendment, constitute three-fourths of +the whole number of States in the United States: + +Now, therefore, be it known that I, William H. Seward, Secretary of +State of the United States, by virtue and in pursuance of the second +section of the act of Congress, approved the 20th of April, 1818, +entitled "An act to provide for the publication of the laws of the +United States, and for other purposes," do hereby certify that the +Amendment aforesaid has become valid to all intents and purposes as a +part of the Constitution of the United States. + +In testimony whereof, I have hereunto set my hand and caused the seal of +the Department of State to be affixed. + +Done at the City of Washington, this 18th day of December, in the year +of our Lord 1865, and of the Independence of the United States of +America the 90th. + +WM. H. SEWARD, _Secretary of State_. + + + + +PROPOSED AMENDMENTS. + + ADOPTED BY CONGRESS JUNE 13TH, 1866, AND WHEN RATIFIED BY + TWO-THIRDS OF THE LEGISLATURES BECOMES A PART OF THE CONSTITUTION. + + +The joint resolution as passed is as follows: + +_Resolved_, By the Senate and House of Representatives of the United +States of America, in Congress assembled, (two-thirds of both Houses +concurring), That the following article be proposed to the Legislatures +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid as part of the Constitution, namely: + + +ARTICLE--. + +§ 1. All persons born or naturalized in the United States, and subject +to the jurisdiction thereof, are citizens of the United States and the +States wherein they reside. No State shall make or enforce any law +which shall abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person of life, liberty +or happiness, without due process of law, nor deny to any person within +its jurisdiction the equal protection of the laws. + +§ 2. Representatives shall be apportioned among the several States +according to their respective numbers, counting the whole number of +persons, excluding Indians not taxed. But whenever the right to vote at +any election for the choice of electors for President and +Vice-President, representatives in Congress, executive and judicial +officers, or members of the Legislature thereof, is denied to any of the +male inhabitants of such State, being 21 years of age, and citizens of +the United States, or in any way abridged, except for participation in +rebellion or other crime, the basis of representation therein shall be +reduced in the proportion which the number of such male citizens shall +bear to the whole number of male citizens 21 years of age in such State. + +§ 3. That no person shall be a Senator or Representative in Congress, or +elector of President and Vice President, or hold any office, civil or +military, under the United States, or under any State, who, having +previously taken an oath as a member of Congress, 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, shall have engaged in insurrection or rebellion +against the same, or given aid and comfort to the enemies thereof. But +Congress may, by a vote of two-thirds of each House, remove such +disabilities. + +§ 4. The validity of the public debt of the United States authorized by +law, including debts incurred for payment of pensions and bounties for +services in suppressing insurrection or rebellion, shall not be +questioned. But neither the United States or any State shall assume or +pay any debt or obligation incurred in aid of insurrection or rebellion +against the United States, or any claim for the loss or emancipation of +any slave; but all such debts, obligations, and claims shall be held +illegal and void. + +§ 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article. + + + + +THE ORDINANCE OF 1787. + + _Passed by Congress previous to the Adoption of the New + Constitution, and subsequently adopted by Congress, Aug. 7, 1789, + entitled, "An Ordinance for the Government of the Territory of the + United States north-west of the River Ohio."_ + + (All the Articles of this ordinance, previous to Article VI., + relate to the organization and powers of the government of the + territory, the following section being all that relates to + slavery.) + + +ARTICLE VI. + +There shall be neither slavery nor involuntary servitude in the said +territory, otherwise than in punishment of crimes, whereof the party +shall have been duly convicted: Provided always, that any person +escaping into the same, from whom labor or service is lawfully claimed +in any one of the original States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service, as aforesaid. + + Done by the United States in Congress assembled the thirteenth day + of July, in the year of our Lord 1787, and of the sovereignty and + Independence the twelfth. + +WILLIAM GRAYSON, _Chairman_. +CHARLES THOMPSON, _Secretary_. + + + + + + +THE FUGITIVE SLAVE BILL OF 1793. + +ADOPTED FEBRUARY 12, 1793. + + _An Act respecting Fugitives from Justice, and Persons escaping + from the Service of their Masters._ + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That whenever the executive +authority of any State in the Union, or of either of the territories +north-west or south of the River Ohio, shall demand any person, as a +fugitive from justice, of the executive authority of any such State or +Territory to which such person shall have fled, and shall, moreover, +produce the copy of an indictment found, or an affidavit made before a +magistrate of any State or Territory as aforesaid, charging the person +so demanded with having committed treason, felony, or other crime, +certified as authentic by the governor or chief magistrate of the State +or Territory from whence the person so charged fled, it shall be the +duty of the executive authority of the State or Territory to which such +person shall have fled, to cause him or her to be arrested and secured, +and notice of the arrest to be given to the executive authority making +such demand, or to the agent of such authority appointed to receive the +fugitive, and to cause the fugitive to be delivered to such agent when +he shall appear. But if no such agent shall appear within six months +from the time of the arrest, the prisoner may be discharged. And all +costs or expenses incurred in the apprehending, securing, and +transmitting such fugitive to the State or Territory making such demand, +shall be paid by such State or Territory. + +_And be it further enacted_, That any agent appointed as aforesaid, who +shall receive the fugitive into his custody, shall be empowered to +transport him or her to the State or Territory from which he or she +shall have fled. And if any person or persons shall by force set at +liberty or rescue the fugitive from such agent while transporting as +aforesaid, the person or persons so offending shall, on conviction, be +fined not exceeding five hundred dollars, and be imprisoned not +exceeding one year. + +_And be it also enacted_, That when a person held to labor in any of +the United States, or in either of the Territories on the north-west or +south of the River Ohio, under the laws thereof, shall escape into any +other of the said States or Territory, the person to whom such labor or +service may be due, his agent or attorney, is hereby empowered to seize +or arrest such fugitive from labor, and to take him or her before any +judge of the Circuit or District Courts of the United States, residing +or being within the State, or before any magistrate of a county, city, +or town corporate, wherein such seizure or arrest shall be made, and +upon proof to the satisfaction of such judge or magistrate, either by +oral testimony or affidavit taken before, and certified by, a magistrate +of any such State or Territory, that the person so seized or arrested +doth, under the laws of the State or Territory from which he or she +fled, owe services or labor to the person claiming him or her, it shall +be the duty of such judge or magistrate to give a certificate thereof to +such claimant, his agent or attorney, which shall be sufficient warrant +for removing the said fugitive from labor to the State or Territory from +which he or she fled. + +_And he it further enacted_, That any person who shall knowingly and +willingly obstruct or hinder such claimant, his agent or attorney, in so +seizing or arresting such fugitive from labor, or shall rescue such +fugitive from such claimant, his agent or attorney, when so arrested +pursuant to the authority herein given or declared, or shall harbor or +conceal such person after notice that he or she was a fugitive from +labor as aforesaid, shall, for either of the said offences, forfeit and +pay the sum of five hundred dollars. Which penalty may be recovered by +and for the benefit of such claimant, by action of debt, in any court +proper to try the same; saving, moreover, to the person claiming such +labor or service, his right of action for or on account of the said +injuries, or either of them. + + + + +THE FUGITIVE SLAVE BILL OF 1850. + +SIGNED SEPTEMBER 18, 1850. + + _An Act to amend, and supplementary to the Act entitled "An Act + respecting Fugitives from Justice, and Persons escaping from the + Service of their Masters," approved February twelfth, one thousand + seven hundred and ninety-three._ + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That the persons who have +been, or may hereafter be, appointed commissioners, in virtue of any +act of Congress, by the Circuit Courts of the United States, and who, in +consequence of such appointment, are authorized to exercise the powers +that any justice of the peace, or other magistrate of any of the United +States, may exercise in respect to offenders for any crime or offence +against the United States, by arresting, imprisoning, or bailing the +same under and by virtue of the thirty-third section of the act of the +twenty-fourth of September, seventeen hundred and eighty-nine, entitled +"An Act to establish the judicial courts of the United States," shall +be, and are hereby, authorized and required to exercise and discharge +all the powers and duties conferred by this act. + +_And be it further enacted_, That the Superior Court of each organized +Territory of the United States shall have the same power to appoint +commissioners to take acknowledgments of bail and affidavits, and to +take depositions of witnesses in civil causes, which is now possessed by +the Circuit Court of the United States; and all commissioners who shall +hereafter be appointed for such purposes by the Supreme Court of any +organized Territory of the United States, shall possess all the powers, +and exercise all the duties, conferred by law upon the commissioners +appointed by the Circuit Courts of the United States for similar +purposes, and shall moreover exercise and discharge all the powers and +duties conferred by this act. + +_And be it further enacted_, That the Circuit Courts of the United +States, and the Superior Courts of each organized Territory of the +United States, shall from time to time enlarge the number of +commissioners, with a view to afford reasonable facilities to reclaim +fugitives from labor, and to the prompt discharge of the duties imposed +by this act. + +_And be it further enacted_, That the commissioners above named shall +have concurrent jurisdiction with the judges of the Circuit and District +Courts of the United States, in their respective circuits and districts +within the several States, and the judges of the Superior Courts of the +Territories severally and collectively, in term time and vacation; and +shall grant certificates to such claimants upon satisfactory proof being +made, with authority to take and remove such fugitives from service or +labor, under the restrictions herein contained, to the State or +Territory from which such persons may have escaped or fled. + +_And he it further enacted_, That it shall be the duty of all marshals +and deputy marshals to obey and execute all warrants and precepts issued +under the provisions of this act, when to them directed; and should any +marshal or deputy marshal refuse to receive such warrant, or other +process, when tendered, or to use all proper means diligently to execute +the same, he shall, on conviction thereof, be fined in the sum of one +thousand dollars, to the use of such claimant, on the motion of such +claimant, by the Circuit or District Court for the district of such +marshal; and after arrest of such fugitive, by such marshal or his +deputy, or whilst at any time in his custody, under the provisions of +this act, should such fugitive escape, whether with or without the +assent of such marshal or his deputy, such marshal shall be liable, on +his official bond, to be prosecuted for the benefit of such claimant, +for the full value of the service or labor of said fugitive in the +State, Territory, or district whence he escaped; and the better to +enable said commissioners, when thus appointed, to execute their duties +faithfully and efficiently, in conformity with the requirements of the +constitution of the United States, and of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, any one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties; +with authority to such commissioners, or the persons to be appointed by +them, to execute process as aforesaid, to summon and call to their aid +the bystanders, or _posse comitatus_ of the proper county, when +necessary to insure a faithful observance of the clause of the +constitution referred to, in conformity with the provisions of this act; +and all good citizens are hereby commanded to aid and assist in the +prompt and efficient execution of this law, whenever their services may +be required, as aforesaid, for that purpose; and said warrants shall +run, and be executed by said officers, any where in the State within +which they are issued. + +_And be it further enacted_, That when a person held to service or labor +in any State or Territory of the United States has heretofore or shall +hereafter escape into another State or Territory of the United States, +the person or persons to whom such service or labor may be due, or his, +her, or their agent or attorney, duly authorized by power of attorney, +in writing acknowledged and certified under the seal of some legal +officer or court of the State or Territory in which the same may be +executed, may pursue and reclaim such fugitive person, either by +procuring a warrant from some one of the courts, judges, or +commissioners aforesaid, of the proper circuit, district, or county, for +the apprehension of such fugitive from service or labor, or by seizing +and arresting such fugitive where the same can be done without process, +and by taking, or causing such person to be taken forthwith before such +court, judge, or commissioner, whose duty it shall be to hear and +determine the case of such claimant in a summary manner; and upon +satisfactory proof being made, by deposition or affidavit, in writing, +to be taken and certified by such court, judge, or commissioner, or by +other satisfactory testimony, duly taken and certified by some court, +magistrate, justice of the peace, or other legal officer authorized to +administer an oath and take depositions under the laws of the State or +Territory from which such person owing service or labor may have +escaped, with a certificate of such magistracy, or other authority as +aforesaid, with the seal of the proper court or officer thereto +attached, which seal shall be sufficient to establish the competency of +the proof, also by affidavit, of the identity of the person whose +service or labor is claimed to be due as aforesaid, that the person so +arrested does in fact owe service or labor to the person or persons +claiming him or her, in the State or Territory from which such fugitive +may have escaped as aforesaid, and that said person escaped, to make out +and deliver to such claimant, his or her agent or attorney, a +certificate setting forth the substantial facts as to the service or +labor due from such fugitive to the claimant, and of his or her escape +from the State or Territory in which such service or labor was due to +the State or Territory in which he or she was arrested, with authority +to such claimant, or his or her agent or attorney, to use such +reasonable force and restraint as may be necessary, under the +circumstances of the case, to take and remove such fugitive person back +to the State or Territory whence he or she may have escaped as +aforesaid. In no trial or hearing under this act shall the testimony of +such alleged fugitive be admitted in evidence; and the certificates in +this and the first (fourth) section mentioned, shall be conclusive of +the right of the person or persons in whose favor granted, to remove +such fugitive to the State or Territory from which he escaped, and shall +prevent all molestation of such person or persons by any process issued +by any court, judge, magistrate, or other person whomsoever. + +_And be it further enacted_, That any person who shall knowingly and +willingly obstruct, hinder, or prevent such claimant, his agent or +attorney, or any person or persons lawfully assisting him, her, or them, +from arresting such a fugitive from service or labor, either with or +without process as aforesaid, or shall rescue or attempt to rescue such +fugitive from service or labor from the custody of such claimant, his or +her agent or attorney, or other person or persons lawfully assisting as +aforesaid, when so arrested pursuant to the authority herein given and +declared, or shall aid, abet, or assist such person so owing service or +labor as aforesaid, directly or indirectly, to escape from such +claimant, his agent or attorney, or other person or persons legally +authorized as aforesaid, or shall harbor or conceal such fugitive, so as +to prevent the discovery and arrest of such person, after notice or +knowledge of the fact that such person was a fugitive from service or +labor as aforesaid, shall, for either of said offences, be subject to a +fine not exceeding one thousand dollars, and imprisonment not exceeding +six months, by indictment and conviction before the District Court of +the United States for the district in which such offence may have been +committed, or before the proper court of criminal jurisdiction, if +committed within any one of the organized Territories of the United +States, and shall moreover forfeit and pay, by way of civil damages to +the party injured by such illegal conduct, the sum of one thousand +dollars for each fugitive so lost as aforesaid, to be recovered by +action of debt in any of the district or territorial courts aforesaid, +within whose jurisdiction the said offence may have been committed. + +_And be it further enacted_, That the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the like fees as may be allowed to them for similar +services in other cases; and where such services are rendered +exclusively in the arrest, custody, and delivery of the fugitive to the +claimant, his or her agent or attorney, or where such supposed fugitive +may be discharged out of custody for the want of sufficient proof as +aforesaid, then such fees are to be paid in the whole by such claimant, +his agent or attorney; and in all cases where the proceedings are before +a commissioner, he shall be entitled to a fee of ten dollars in full for +his services in each case, upon the delivery of the said certificate to +the claimant, his or her agent or attorney; or a fee of five dollars in +cases where the proof shall not, in the opinion of such commissioner, +warrant such certificate and delivery, inclusive of all services +incident to such arrest or examination, to be paid in either case by the +claimant, his or her agent or attorney. The person or persons authorized +to execute the process to be issued by such commissioner for the arrest +and detention of fugitives from service or labor as aforesaid, shall +also be entitled to a fee of five dollars each, for each person he or +they may arrest and take before any such commissioner, as aforesaid, at +the instance and request of such claimant, with such other fees as may +be deemed reasonable by such commissioners for such other additional +services as may be necessarily performed by him or them; such as +attending at the examination, keeping the fugitive in custody, and +providing him with food and lodging during his detention and until the +final determination of such commissioner; and, in general, for +performing such other duties as may be required by such claimant, his or +her attorney or agent, or commissioner in the premises. Such fees to be +made up in conformity with the fees usually charged by the officers of +the courts of justice within the proper district or county, as near as +may be practicable, and paid by such claimants, their agents or +attorneys, whether such supposed fugitives from service or labor be +ordered to be delivered to such claimants by the final determination of +such commissioner or not. + +_And be it further enacted_, That, upon affidavit made by the claimant +of such fugitive, his agent or attorney, after such certificate has been +issued that he has reason to apprehend that such fugitive will be +rescued by force from his or her possession before he can be taken +beyond the limits of the State in which the arrest is made, it shall be +the duty of the officer making the arrest to retain such fugitive in his +custody, and to remove him to the State whence he fled, and there +deliver him to said claimant, his agent or attorney. And to this end, +the officer aforesaid is hereby authorized and required to employ so +many persons as he may deem necessary to overcome such force, and to +retain them in his service so long as circumstances may require. The +said officer and his assistants while so employed to receive the +compensation, and to be allowed the same expenses, as are now allowed by +law for transportation of criminals, to be certified by the judge of the +district within which the arrest is made, and paid out of the Treasury +of the United States. + +_And be it further enacted_, That when any person held to service or +labor in any State or Territory, or in the District of Columbia, shall +escape therefrom, the party to whom such service or labor may be due, +his, her, or their agent or attorney, may apply to any court of record +therein, or judge thereof in vacation, and make satisfactory proof to +such court, or judge in vacation, of the escape aforesaid, and that the +person escaping owed service or labor to such party. Whereupon the court +shall cause a record to be made of the matters so proved, and also a +general description of the person so escaping with such convenient +certainty as may be; and a transcript of such record, authenticated by +the attestation of the clerk and of the seal of the said court, being +produced in any other State, Territory, or district in which the person +so escaping may be found, and being exhibited to any judge, +commissioner, or other officer authorized by the law of the United +States to cause persons escaping from service or labor to be delivered +up, shall be held and taken to be full and conclusive evidence of the +fact of the escape, and that the service or labor of the person escaping +is due to the party in such record mentioned. And upon the production by +the said party of other and further evidence if necessary, either oral +or by affidavit, in addition to what is contained in the said record of +the identity of the person escaping, he or she shall be delivered up to +the claimant. And the said court, commissioner, judge, or other person +authorized by this act to grant certificates to claimants of fugitives, +shall, upon the production of the record and other evidences aforesaid, +grant to such claimant a certificate of his right to take any such +person identified and proved to be owing service or labor as aforesaid, +which shall authorize such claimant to seize or arrest and transport +such person to the State or Territory from which he escaped. _Provided_, +That nothing herein contained shall be construed as requiring the +production of a transcript of such record as evidence as aforesaid. But +in its absence the claim shall be heard and determined upon other +satisfactory proofs, competent in law. + + + + +THE MISSOURI COMPROMISE. + +ADOPTED MARCH 6, 1820. + + _An Act to authorize the People of the Missouri Territory 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, + and to prohibit Slavery in certain Territories._ + + (All the previous sections of this act relate entirely to the + formation of the Missouri Territory in the usual form of + territorial bills, the 8th section only relating to the slavery + question.) + + +_And be it further enacted_, That in all that Territory ceded by France +to the United States, under the name of Louisiana, which lies north of +thirty-six degrees and thirty minutes north latitude, not included +within the limits of the State contemplated by their act, slavery and +involuntary servitude, otherwise than in the punishment of crimes, +whereof the parties shall have been duly convicted, shall be, and is +hereby, forever prohibited. _Provided always_, That any person escaping +into the same, from whom labor or service is lawfully claimed, in any +State or Territory of the United States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service as aforesaid. + + + + +THE STATES OF THE UNION. + + +The following is a list of the States constituting the Union, with the +dates of their admission. The thirty-six stars in our national flag are +therefore designated as under: + +Delaware Dec. 7, 1787. +Pennsylvania Dec. 12, 1787. +New Jersey Dec. 13, 1787. +Georgia Jan. 2, 1788. +Connecticut Jan. 9, 1788. +Massachusetts Feb. 6, 1788. +Maryland April 28, 1788. +South Carolina May 23, 1788. +N. Hampshire June 21, 1788. +Virginia June 26, 1788. +New York July 26, 1788. +N. Carolina Nov. 21, 1789. +Rhode Island May 29, 1790. +Vermont March 4, 1791. +Kentucky June 1, 1792. +Tennessee June 1, 1796. +Ohio Nov. 29, 1802. +Louisiana April 8, 1812. +Indiana Dec. 11, 1816. +Mississippi Dec. 16, 1817. +Illinois Dec. 3, 1818. +Alabama Dec. 14, 1819. +Maine March 15, 1820. +Missouri Aug. 10, 1821. +Arkansas June 15, 1836. +Michigan Jan. 26, 1837. +Florida March 3, 1845. +Texas Dec. 29, 1845. +Iowa Dec. 28, 1846. +Wisconsin May 29, 1848. +California Sept. 9, 1850. +Minnesota Dec., 1857. +Oregon Dec., 1858. +Kansas March, 1862. +West Virginia Feb., 1863. +Nevada Oct., 1864. + + + + +INAUGURAL ADDRESS OF GEORGE WASHINGTON. + +FIRST PRESIDENT OF THE UNITED STATES, DELIVERED APRIL 30, 1789. + + +FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES--Among the +vicissitudes incident to life, no event could have filled me with +greater anxieties than that of which the notification was transmitted by +your order, and received on the fourteenth day of the present month. On +the one hand I was summoned by my country, whose voice I can never hear +but with veneration and love, from a retreat which I had chosen with the +fondest predilection, and in my flattering hopes with an immutable +decision as the asylum of my declining years; a retreat which was +rendered every day more necessary as well as more dear to me, by the +addition of habit to inclination, and of frequent interruptions in my +health to the gradual waste committed on it by time. On the other hand, +the magnitude and difficulty of the trust to which the voice of my +country called me being sufficient to awaken in the wisest and most +experienced of her citizens a distrustful scrutiny into his +qualifications, could not but overwhelm with despondence one who, +inheriting inferior endowments from nature, and unpracticed in the +duties of civil administration, ought to be peculiarly conscious of his +own deficiencies. In this conflict of emotions, all I dare aver is, that +it has been my faithful study to collect my duty from a just +appreciation of every circumstance by which it might be affected. All I +dare hope is, that if, in executing this task, I have been too much +swayed by a grateful remembrance of former instances, or by any +affectionate sensibility to this transcendent proof of the confidence of +my fellow-citizens, and have thence too little consulted my incapacity +as well as disinclination, for the weighty and untried cares before me, +my error will be palliated by the motives which misled me, and its +consequences be judged by my country with some share of the partiality +with which they originated. + +Such being the impressions under which I have, in obedience to the +public summons, repaired to the present station, it would be peculiarly +improper to omit in this first official act, my fervent supplications to +that Almighty Being who rules over the universe, who presides in the +councils of nations, and whose providential aids can supply every human +defect that his benediction may consecrate to the liberties and +happiness of the people of the United States, a government instituted by +themselves for these essential purposes, and may enable every instrument +employed in its administration to execute with success the functions +allotted to his charge. In tendering this homage to the great author of +every public and private good, I assure myself that it expresses your +sentiments, not less than my own, nor those of my fellow-citizens at +large less than either. No people can be bound to acknowledge and adore +the invisible hand which conducts the affairs of men more than the +people of the United States. Every step by which they have advanced to +the character of an independent nation seems to have been distinguished +by some token of providential agency, and in the important revolution +just accomplished in the system of their united government the tranquil +deliberations and voluntary consent of so many distinct communities from +which the event has resulted cannot be compared with the means by which +most governments have been established without some return of pious +gratitude along with a humble anticipation of the future blessings which +the past seem to presage. These reflections arising out of the present +crisis have forced themselves too strongly on my mind to be suppressed. +You will join with me, I trust, in thinking that there are none under +the influence of which the proceedings of a new and free government can +more auspiciously commence. + +By the article establishing the executive department it is made the duty +of the President "to recommend to your consideration such measures as he +shall judge necessary and expedient." The circumstances under which I +now meet you will acquit me from entering into that subject farther than +to refer to the great constitutional charter under which you are +assembled, and which in defining your powers designates the objects to +which your attention is to be given. It will be more consistent with +those circumstances, and far more congenial with the feelings which +actuate me to substitute in place of a recommendation of particular +measures, the tribute that is due to the talents, the rectitude, and the +patriotism which adorn the characters selected to devise and adopt them. +In these honorable qualifications, I behold the surest pledges that as +on one side no local prejudices or attachments, no separate views, no +party animosities will misdirect the comprehensive and equal eye which +ought to watch over this great assemblage of communities and interests, +so on another, that the foundations of our national policy will be laid +in the pure and immutable principles of private morality, and the +pre-eminence of free government be exemplified by all the attributes +which can win the affections of its citizens and command the respect of +the world. I dwell on this prospect with every satisfaction which an +ardent love for my country can inspire, since there is no truth more +thoroughly established than that there exists in the economy and course +of nature, an indissoluble union between virtue and happiness, between +duty and advantage, between the genuine maxims of an honest and +magnanimous policy and the solid rewards of the public prosperity and +felicity. Since we ought to be no less persuaded that the propitious +smiles of heaven can never be expected on a nation that disregards the +eternal rules of order and right which heaven itself has ordained, and +since the preservation of the sacred fire of Liberty, and the destiny of +the republican model of government are justly considered as deeply, +perhaps as finally staked on the experiment entrusted to the hands of +the American people. Besides the ordinary objects submitted to your +care, it will remain with your judgment to decide how far an exercise of +the occasional power delegated by the fifth article of the Constitution +is rendered expedient at the present juncture by the nature of the +objections which have been urged against the system, or by the degree +of inquietude which has given birth to them. Instead of undertaking +particular recommendations on this subject in which I could be guided by +no lights derived from official opportunities, I shall again give way to +my entire confidence in your discernment and pursuit of the public good, +for I assure myself that while you carefully avoid every alteration +which might endanger the benefits of an united and effective government, +or which ought to await the future lessons of experience, a reverence +for the characteristic rights of freemen, and a regard for the public +harmony will sufficiently influence your deliberations on the question, +how far the former can be more impregnably fortified, or the latter be +safely and advantageously promoted. + +To the preceding observations I have one to add, which will be most +properly addressed to the House of Representatives. It concerns myself, +and will, therefore, be as brief as possible. When I was first honored +with a call into the service of my country, then on the eve of an +arduous struggle for its liberties, the light in which I contemplated my +duty required that I should renounce every pecuniary compensation. From +this resolution I have in no instance departed, and being still under +the impressions which produced it, I must decline as inapplicable to +myself any share in the personal emoluments which may be indispensably +included in a permanent provision for the executive department, and must +accordingly pray that the pecuniary estimates for the station in which I +am placed, may, during my continuance in it, be limited to such actual +expenditures as the public good may be thought to require. + +Having thus imparted to you my sentiments, as as they have been awakened +by the occasion which brings us together, I shall take my present leave, +but not without resorting once more to the benign parent of the human +race in humble supplication, that since he has been pleased to favor the +American people with opportunities for deliberating in perfect +tranquillity, and dispositions for deciding with unparalleled unanimity +on a form of government for the security of their union and the +advancement of their happiness, so His divine blessing may be equally +conspicuous in the enlarged views, the temperate consultations, and the +wise measures on which the success of this government must depend. + + + + +WASHINGTON'S FAREWELL ADDRESS. + + +FRIENDS AND FELLOW-CITIZENS--The period for a new election of a citizen +to administer the executive government of the United States not being +far distant, and the time actually arrived when your thoughts must be +employed in designating the person who is to be clothed with that +important trust, it appears to me proper, especially as it may conduce +to a more distinct expression of the public voice, that I should now +apprise you of the resolution I have formed, to decline being considered +among the number of those out of whom a choice is to be made. + +I beg you, at the same time, to do me the justice to be assured that +this resolution has not been taken without a strict regard to all the +considerations appertaining to the relation which binds a dutiful +citizen to his country; and that, in withdrawing the tender of service +which silence, in my situation, might imply, I am influenced by no +diminution of zeal for your future interest, no deficiency of grateful +respect for your past kindness, but am supported by a full conviction +that the step is compatible with both. + +The acceptance of, and continuance hitherto in, the office to which your +suffrages have twice called me, have been a uniform sacrifice of +inclination to the opinion of duty, and to a deference for what appeared +to be your desire. I constantly hoped that it would have been much +earlier in my power, consistently with motives which I was not at +liberty to disregard, to return to that retirement from which I had been +reluctantly drawn. The strength of my inclination to do this, previous +to the last election, had been led to the preparation of an address to +declare it to you; but mature reflection on the then perplexed and +critical posture of our affairs with foreign nations, and the unanimous +advice of persons entitled to my confidence, impelled me to abandon the +idea. + +I rejoice that the state of your concerns, external as well as internal, +no longer renders the pursuit of inclination incompatible with the +sentiment of duty or propriety; and am persuaded, whatever partiality +may be retained for my services, that, in the present circumstances of +our country, you will not disapprove my determination to retire. + +The impressions with which I first undertook the arduous trust were +explained on the proper occasion. In the discharge of this trust, I will +only say, that I have with good intentions contributed toward the +organization and administration of the government the best exertions of +which a very fallible judgment was capable. Not unconscious in the +outset of the inferiority of my qualifications, experience, in my own +eyes--perhaps still more in the eyes of others--has strengthened the +motives to diffidence of myself; and every day the increasing weight of +years admonishes me, more and more, that the shade of retirement is as +necessary to me as it will be welcome. Satisfied that, if any +circumstances have given peculiar value to my services, they were +temporary, I have the consolation to believe that, while choice and +prudence invite me to quit the political scene, patriotism does not +forbid it. + +In looking forward to the moment which is intended to terminate the +career of my public life, my feelings do not permit me to suspend the +deep acknowledgment of that debt of gratitude which I owe to my beloved +country for the many honors it has conferred upon me; still more for the +steadfast confidence with which it has supported me, and for the +opportunities I have thence enjoyed of manifesting my inviolable +attachment, by services faithful and persevering, though in usefulness +unequal to my zeal. If benefits have resulted to our country from these +services, let it always be remembered to your praise, and as an +instructive example in our annals, that, under circumstances in which +the passions, agitated in every direction, were liable to mislead; amid +appearances sometimes dubious, vicissitudes of fortune often +discouraging; in situations in which, not unfrequently, want of success +has countenanced the spirit of criticism--the constancy of your support +was the essential prop of the efforts, and a guarantee of the plans by +which they were effected. Profoundly penetrated with this idea, I shall +carry it with me to my grave, as a strong incitement to unceasing vows +that Heaven may continue to you the choicest tokens of its beneficence; +that your union and brotherly affection may be perpetual; that the free +constitution, which is the work of your hands, may be sacredly +maintained; that its administration, in every department, may be stamped +with wisdom and virtue; that, in fine, the happiness of the people of +these States, under the auspices of liberty, may be made complete, by so +careful a preservation and so prudent a use of this blessing as will +acquire to them the glory of recommending it to the applause, the +affection, and the adoption of every nation which is yet a stranger to +it. + +Here, perhaps, I ought to stop; but a solicitude for your welfare, +which can not end but with my life, and the apprehension of danger +natural to that solicitude, urge me, on an occasion like the present to +offer to your solemn contemplation, and to recommend to your frequent +review, some sentiments, which are the result of much reflection, of no +inconsiderable observation, and which appear to me all-important to the +permanency of your felicity as a people. These will be afforded to you +with the more freedom, as you can only see them in the disinterested +warnings of a parting friend, who can possibly have no personal motive +to bias his counsel; nor can I forget, as an encouragement to it, your +indulgent reception of my sentiments on a former and not dissimilar +occasion. + +Interwoven as is the love of liberty with every ligament of your hearts, +no recommendation of mine is necessary to fortify or confirm the +attachment. + +The unity of government, which constitutes you one people, is also now +dear to you. It is justly so; for it is a main pillar in the edifice of +your real independence, the support of your tranquillity at home, your +peace abroad, of your safety, of your prosperity, of that very liberty +which you so highly prize. But as it is easy to forsee that from +different causes and from different quarters much pains will be taken, +many artifices employed, to weaken in your minds the conviction of this +truth--as this is the point in your political fortress against which the +batteries of internal and external enemies will be most constantly and +actively (though often covertly and insidiously) directed--it is of +infinite moment that you should properly estimate the immense value of +your national union to your collective and individual happiness; that +you should cherish a cordial, habitual, and immovable attachment to it, +accustoming yourselves to think and speak of it as of the palladium of +your political safety and prosperity; watching for its preservation with +jealous anxiety; discountenancing whatever may suggest even a suspicion +that it can, in any event, be abandoned; and indignantly frowning upon +the first dawning of every attempt to alienate any portion of our +country from the rest, or to enfeeble the sacred ties which now link +together the various parts. + +For this you have every inducement of sympathy and interest. Citizens, +by birth or choice of a common country, that country has a right to +concentrate your affections. The name of _American_, which belongs to +you in your national capacity, must always exalt the just pride of +patriotism more than any appellation derived from local discriminations. +With slight shades of difference, you have the same religion, manners, +habits, and political principles. You have, in a common cause, fought +and triumphed together; the independence and liberty you possess are the +work of joint counsels and joint efforts, of common dangers, sufferings, +and successes. + +But these considerations, however powerfully they address themselves to +your sensibility, are greatly outweighed by those which apply more +immediately to your interest; here every portion of our country finds +the most commanding motives for carefully guarding and preserving the +union of the whole. + +The North, in an unrestrained intercourse with the South, protected by +the equal laws of a common government, finds, in the productions of the +latter, great additional resources of maritime and commercial +enterprise, and precious materials of manufacturing industry. The South, +in the same intercourse, benefiting by the agency of the North, sees its +agriculture grow and its commerce expand. Turning partly into its own +channels the seamen of the North, it finds its particular navigation +invigorated; and while it contributes, in different ways, to nourish and +increase the general mass of the national navigation, it looks forward +to the protection of a maritime strength to which itself is unequally +adapted. The East, in like intercourse with the West, already finds, +and, in the progressive improvement of interior communication, by land +and water, will more and more find, a valuable vent for the commodities +which it brings from abroad or manufactures at home. The West derives +from the East supplies requisite for its growth and comfort, and, what +is perhaps of still greater consequence, it must, of necessity, owe the +secure enjoyment of indispensable outlets for its own productions to the +weight, influence, and the future maritime strength of the Atlantic side +of the Union, directed by an indissoluble community of interest as one +nation. Any other tenure by which the West can hold this essential +advantage, whether derived from its own separate strength or from an +apostate and unnatural connection with any foreign power, must be +intrinsically precarious. + +While, then, every part of our country thus feels an immediate and +particular interest in union, all the parts combined can not fail to +find, in the united mass of means and efforts, greater strength, greater +resource, proportionably greater security from external danger, a less +frequent interruption of their peace by foreign nations, and, what is of +inestimable value, they must derive from union an exemption from those +broils and wars between themselves, which so frequently afflict +neighboring countries, not tied together by the same government, which +their own rivalships alone would be sufficient to produce, but which +opposite foreign alliances, attachments, and intrigues would stimulate +and embitter. Hence, likewise, they will avoid the necessity of those +over-grown military establishments, which, under any form of government, +are inauspicious to liberty, and which are to be regarded as +particularly hostile to republican liberty; in this sense it is that +your union ought to be considered as the main prop of your liberty, and +that the love of the one ought to endear to you the preservation of the +other. + +These considerations speak a persuasive language to every reflecting and +virtuous mind, and exhibit a continuance of the Union as a primary +object of patriotic desire. Is there a doubt whether a common government +can embrace so large a sphere? Let experience solve it. To listen to +mere speculation, in such a case, were criminal. We are authorized to +hope that a proper organization of the whole, with the auxiliary agency +of governments for the respective subdivisions, will afford a happy +issue to the experiment. It is well worth a full and fair experiment. +With such powerful and obvious motives to union, affecting all parts of +our country, while experience shall not have demonstrated its +impracticability, there will always be reason to distrust the +patriotism of those who, in any quarter, may endeavor to weaken its +bands. + +In contemplating the causes which may disturb our Union, it occurs, as a +matter of serious concern, that any ground should have been furnished +for characterizing parties by geographical discriminations--Northern and +Southern, Atlantic and Western--whence designing men may endeavor to +excite a belief that there is real difference of local interests and +views. One of the expedients of party to acquire influence within +particular districts is to misrepresent the opinions and aims of other +districts. You can not shield yourselves too much against the jealousies +and heart-burnings which spring from these misrepresentations; they tend +to render alien to each other those who ought to be bound together by +fraternal affection. The inhabitants of our Western country have lately +had a useful lesson on this head; they have seen in the negotiation by +the Executive, and in the unanimous ratification by the Senate, of the +treaty with Spain, and in the universal satisfaction at that event +throughout the United States, a decisive proof how unfounded were the +suspicions propagated among them, of a policy in the general government, +and in the Atlantic States, unfriendly to their interests in regard to +the Mississippi; they have been witnesses to the formation of two +treaties--that with Great Britain and that with Spain--which secure to +them everything they could desire in respect to our foreign relations, +toward confirming their prosperity. Will it not be their wisdom to rely +for the preservation of these advantages on the Union by which they were +procured? Will they not henceforth be deaf to those advisers, if such +there are, who would sever them from their brethren and connect them +with aliens? + +To the efficacy and permanency of your Union, a government for the whole +is indispensable. No alliance, however strict, between the parts, can be +an adequate substitute; they must inevitably experience the infractions +and interruptions which all alliances, in all time, have experienced. +Sensible of this momentous truth, you have improved upon your first +essay, by the adoption of a constitution of government better calculated +than your former for an intimate Union, and for the efficacious +management of your common concerns. This government, the offspring of +your own choice, uninfluenced and unawed, adopted upon full +investigation and mature deliberation, completely free in its +principles, in the distribution of its powers, uniting security with +energy, and containing within itself a provision for its own amendment, +has a just claim to your confidence and your support. Respect for its +authority, compliance with its laws, acquiescence in its measures, are +duties enjoined by the fundamental maxims of liberty. The basis of our +political systems is the right of the people to make and to alter their +constitutions of government; but the constitution which at any time +exists, till changed by an explicit and authentic act of the whole +people, is sacredly obligatory upon all. The very idea of the power and +the right of the people to establish government presupposes the duty of +every individual to obey the established government. + +All obstructions to the execution of the laws, all combinations and +associations, under whatever plausible character, with the real design +to direct, control, counteract, or awe the regular deliberation and +action of the constituted authorities, are destructive to this +fundamental principle, and of fatal tendency. They serve to organize +faction, to give it an artificial and extraordinary force, to put in the +place of the delegated will of the nation the will of a party--often a +small but artful and enterprising minority of the community--and, +according to the alternate triumphs of different parties, to make the +public administration the mirror of the ill-concerted and incongruous +projects of faction rather than the organ of consistent and wholesome +plans, digested by common counsels, and modified by mutual interests. + +However combinations or associations of the above description may now +and then answer popular ends, they are likely, in the course of time and +things, to become potent engines, by which cunning, ambitious, and +unprincipled men will be enabled to subvert the power of the people, and +to usurp for themselves the reins of government; destroying, afterward, +the very engine which had lifted them to unjust dominion. + +Toward the preservation of your government, and the permanency of your +present happy state, it is requisite, not only that you steadily +discountenance irregular oppositions to its acknowledged authority, but +also that you resist with care the spirit of innovation upon its +principles, however specious the pretexts. One method of assault may be +to effect, in the forms of the constitution, alterations which will +impair the energy of the system, and thus to undermine what cannot be +directly overthrown. In all the changes to which you may be invited, +remember that time and habit are at least as necessary to fix the true +character of governments as of other human institutions; that experience +is the surest standard by which to test the real tendency of the +existing constitution of a country; that facility in changes, upon the +credit of mere hypothesis and opinion, exposes to perpetual change, from +the endless variety of hypothesis and opinion; and remember, +especially, that for the efficient management of your common interests, +in a country so extensive as ours, a government of as much vigor as is +consistent with the perfect security of liberty is indispensable. +Liberty itself will find in such a government, with powers properly +distributed and adjusted, its surest guardian. It is, indeed, little +else than a name, where the government is too feeble to withstand the +enterprises of faction, to confine each member of the society within the +limits prescribed by the laws, and to maintain all in the secure and +tranquil enjoyment of the rights of person and property. + +I have already intimated to you the danger of parties in the state, with +particular reference to the founding of them on geographical +discriminations. Let me now take a more comprehensive view, and warn +you, in the most solemn manner, against the baneful effects of the +spirit of party generally. + +This spirit, unfortunately, is inseparable from our nature, having its +root in the strongest passions of the human mind. It exists, under +different shapes, in all governments, more or less stifled, controlled, +or repressed; but in those of the popular form it is seen in its +greatest rankness, and is truly their worst enemy. + +The alternate domination of one faction over another, sharpened by the +spirit of revenge, natural to party dissension, which, in different +ages and countries, has perpetrated the most horrid enormities, is +itself a frightful despotism. But this leads, at length, to a more +formal and permanent despotism. The disorders and miseries which result +gradually incline the minds of men to seek security and repose in the +absolute power of an individual; and, sooner or later, the chief of some +prevailing faction, more able or more fortunate than his competitors, +turns this disposition to the purposes of his own elevation on the ruins +of public liberty. + +Without looking forward to an extremity of this kind (which, +nevertheless, ought not to be entirely out of sight), the common and +continued mischiefs of the spirit of party are sufficient to make it the +interest and duty of a wise people to discourage and restrain it. + +It serves always to distract the public councils and enfeeble the public +administration. It agitates the community with ill-founded jealousies +and false alarms; kindles the animosity of one part against another; +foments, occasionally, riot and insurrection. It opens the door to +foreign influence and corruption, which find a facilitated access to the +government itself through the channels of party passions. Thus the +policy and the will of one country are subjected to the policy and will +of another. + +There is an opinion that parties, in free countries, are useful checks +upon the administration of the government, and serve to keep alive the +spirit of liberty. This, within certain limits, is probably true; and in +governments of a monarchial cast, patriotism may look with indulgence, +if not with favor, upon the spirit of party. But in those of the popular +character, in governments purely elective, it is a spirit not to be +encouraged. From their natural tendency, it is certain there will always +be enough of that spirit for every salutatory purpose. And there being +constant danger of excess, the effort ought to be by force of public +opinion to mitigate and assuage it. A fire not to be quenched, it +demands a uniform vigilance to prevent its bursting into a flame, lest, +instead of warming, it should consume. + +It is important, likewise, that the habits of thinking, in a free +country, should inspire caution in those intrusted with its +administration, to confine themselves within their respective +constitutional spheres, avoiding, in the exercise of the powers of one +department, to encroach upon another. The spirit of encroachment tends +to consolidate the powers of all the departments into one, and thus to +create, whatever the form of government, a real despotism. A just +estimate of that love of power and proneness to abuse it which +predominate in the human heart is sufficient to satisfy us of the truth +of this position. The necessity of reciprocal checks in the exercise of +political power, by dividing and distributing it into different +depositories, and constituting each the guardian of the public weal, +against invasion by the others, has been evinced by experiments, ancient +and modern--some of them in our own country and under our own eyes. To +preserve them must be as necessary as to institute them. 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 though this, in one instance, may +be the instrument of good, it is the customary weapon by which free +governments are destroyed. The precedent must always greatly +overbalance, in permanent evil, any partial or transient benefit which +the use can, at any time, yield. + +Of all the dispositions and habits which lead to political prosperity, +religion and morality are indispensable supports. In vain would that man +claim the tribute of patriotism who should labor to subvert these great +pillars of human happiness, these firmest props of the duties of men and +citizens. The mere politician, equally with the pious man, ought to +respect and to cherish them. A volume could not trace all their +connections with private and public felicity. Let it simply be asked, +Where is the security for property, for reputation, for life, if the +sense of religious obligation _desert_ the oaths which are the +instruments of investigation in courts of justice? And let us with +caution indulge the supposition that morality can be maintained without +religion. Whatever maybe conceded to the influence of refined education +on minds of peculiar structure, reason and experience both forbid us to +expect that national morality can prevail in exclusion of religious +principles. + +It is substantially true, that virtue or morality is a necessary spring +of popular government. The rule, indeed, extends with more or less force +to every species of free government. Who that is a sincere friend to it +can look with indifference upon attempts to shake the foundation of the +fabric? + +Promote, then, as an object of primary importance, institutions for the +general diffusion of knowledge. In proportion as a structure of a +government gives force to public opinion, it is essential that public +opinion should be enlightened. + +As a very important source of strength and security, cherish public +credit. One method of preserving it is to use it as sparingly as +possible; avoiding occasions of expense by cultivating peace, but +remembering, also, that timely disbursements to prepare for danger +frequently prevent much greater disbursements to repel it; avoiding, +likewise, the accumulation of debt, not only by shunning occasions of +expense, but by vigorous exertions in time of peace to discharge the +debts which unavoidable wars may have occasioned; not ungenerously +throwing upon posterity the burden which we ourselves ought to bear. The +execution of these maxims belongs to your representatives, but it is +necessary that public opinion should coöperate. To facilitate to them +the performance of their duty, it is essential that you should +practically bear in mind that toward the payment of debts there must be +revenue; that to have revenue there must be taxes; that no taxes can be +devised which are not more or less inconvenient and unpleasant; that the +intrinsic embarrassment inseparable from the selection of the proper +objects (which is always a choice of difficulties), ought to be a +decisive motive for a candid construction of the conduct of the +government in making it, and for a spirit of acquiescence in the +measures for obtaining revenue which the public exigencies may at any +time dictate. + +Observe good faith and justice toward all nations; cultivate peace and +harmony with all; religion and morality enjoin this conduct, and can it +be that good policy does not really enjoin it? It will be worthy of a +free, enlightened, and, at no distant period, a great nation, to give to +mankind the magnanimous and too novel example of a people always guided +by an exalted justice and benevolence. Who can doubt that, in the course +of time and things, the fruits of such a plan would richly repay any +temporary advantages which might be lost by a steady adherence to it? +Can it be that Providence has not connected the permanent felicity of a +nation with its virtue? The experiment, at least, is recommended by +every sentiment which ennobles human nature. Alas! it is rendered +impossible by its vices? + +In the execution of such a plan, nothing is more essential than that +permanent inveterate antipathies against particular nations, and +passionate attachments for others, should be excluded, and that, in +place of them, just and amicable feelings toward all should be +cultivated. The nation which indulges toward another an habitual hatred, +or an habitual fondness, is, in some degree, a slave. It is a slave to +its animosity or its affection, either of which is sufficient to lead it +astray from its duty and its interest. Antipathy in one nation against +another disposes each more readily to offer insult and injury, to lay +hold of slight causes of umbrage, and to be haughty and intractable +when accidental or trifling occasions of dispute occur. Hence, frequent +collisions, obstinate, envenomed, and bloody contests. The nation, +prompted by ill-will and resentment, sometimes impels to war the +government, contrary to the best calculations of policy. The government +sometimes participates in the national propensity, and adopts, through +passion, what reason would reject; at other times it makes the animosity +of the nation subservient to projects of hostility, instigated by pride, +ambition, and other sinister and pernicious motives. The peace often, +sometimes perhaps the liberty of nations, has been the victim. + +So, likewise, a passionate attachment of one nation to another produces +a variety of evils. Sympathy for the favorite nation, facilitating the +illusion of an imaginary common interest, in cases where no real common +interest exists, and infusing into one the enmities of the other, +betrays the former into a participation into the quarrels and wars of +the latter, without adequate inducement or justification. It leads also +to concessions to the favorite nation of privileges denied to others, +which is apt doubly to injure the nation making the concessions, by +unnecessarily parting with what ought to have been retained, and by +exciting jealousy, ill-will, and a disposition to retaliate, in the +parties from whom equal privileges are withheld; and it gives to +ambitions, corrupted, or deluded citizens (who devote themselves to the +favorite nation), facility to betray or sacrifice the interest of their +own country, without odium, sometimes even with popularity; gilding with +the appearance of a virtuous sense of obligation, a commendable +deference for public opinion, or a laudable zeal for public good, the +base or foolish compliances of ambition, corruption, or infatuation. + +As avenues to foreign influence in innumerable ways, such attachments +are particularly alarming to the truly enlightened and independent +patriot. How many opportunities do they afford to tamper with domestic +factions, to practice the art of seduction, to mislead public opinion, +to influence or awe the public councils! Such an attachment of a small +or weak toward a great and powerful nation dooms the former to be the +satellite of the latter. + +Against the insidious wiles of foreign influence (I conjure you to +believe me, fellow-citizens) the jealousy of a free people ought to be +_constantly_ awake, since history and experience prove that foreign +influence is one of the most baneful foes of republican government. But +that jealousy, to be useful, must be impartial, else it becomes the +instrument of the very influence to be avoided, instead of a defense +against it. Excessive partiality for one foreign nation, and excessive +dislike for another, cause those whom they actuate to see danger only on +one side, and serve to vail, and even second, the arts of influence on +the other. Real patriots, who may resist the intrigues of the favorite, +are liable to become suspected and odious, while its tools and dupes +usurp the applause and confidence of the people, to surrender their +interests. + +The great rule of conduct for us, in regard to foreign nations, is, in +extending our commercial relations, to have with them as little +political connection as possible. So far as we have already formed +engagements, let them be fulfilled with perfect good faith. Here let us +stop. + +Europe has set a of primary interests, which to us have none or a very +remote relation. Hence she must be engaged in frequent controversies, +the causes of which are essentially foreign to our concerns. Hence, +therefore, it must be unwise in us to implicate ourselves, by artificial +ties, in the ordinary vicissitudes of her politics, or the ordinary +combinations and collisions of her friendships or enmities. + +Our detached and distant situation invites and enables us to pursue a +different course. If we remain one people, under an efficient +government, the period is not far off when we may defy material injury +from external annoyance, when we may take such an attitude as will cause +the neutrality we may at any time resolve upon to be scrupulously +respected--when belligerent nations, under the impossibility of making +acquisitions upon us, will not lightly hazard the giving us +provocation--when we may choose peace or war, as our interest, guided by +justice, shall counsel. + +Why forego the advantages of so peculiar a situation? Why quit our own +to stand upon foreign ground? Why, by interweaving our destiny with that +of any part of Europe, entangle our peace and prosperity in the toils of +European ambition, rivalship, interest, humor, or caprice? + +It is our true policy to steer clear of permanent alliances with any +portion of the foreign world; so far, I mean, as we are now at liberty +to do it; for let me not be understood as capable of patronizing +infidelity to existing engagements. I hold the maxim no less applicable +to public than to private affairs, that honesty is always the best +policy. I repeat it, therefore, let those engagements be observed in +their genuine sense. But, in my opinion, it is unnecessary, and would be +unwise, to extend them. + +Taking care always to keep ourselves, by suitable establishments, on a +respectable defensive posture, we may safely trust to temporary +alliances for extraordinary emergencies. + +Harmony, and a liberal intercourse with all nations, are recommended by +policy, humanity, and interest. But even our commercial policy should +hold an equal and impartial hand; neither seeking nor granting exclusive +favors or preferences; consulting the natural course of things; +diffusing and diversifying, by gentle means, the streams of commerce, +but forcing nothing; establishing, with powers so disposed, in order to +give trade a stable course, to define the rights of our merchants, and +to enable the government to support them, conventional rules of +intercourse, the best that present circumstances and mutual opinions +will permit, but temporary, and liable to be, from time to time, +abandoned or varied, as experience and circumstances shall dictate; +constantly keeping in view that it is folly in one nation to look for +disinterested favors from another; that it must pay, with a portion of +its independence, for whatever it may accept under that character; that +by such acceptance it may place itself in the condition of having given +equivalents for nominal favors, and yet of being reproached with +ingratitude for not giving more. There can be no greater error than to +expect, or calculate upon, real favors from nation to nation, It is an +illusion which experience must cure, which a just pride ought to +discard. + +In offering to you, my countrymen, these counsels of an old and +affectionate friend, I dare not hope they will make the strong and +lasting impression I could wish--that they will control the usual +current of the passions, or prevent our nation from running the course +which has hitherto marked the destiny of nations; but if I may even +flatter myself that they may be productive of some partial benefit, some +occasional good, that they may now and then recur to moderate the fury +of party spirit, to warn against the mischiefs of foreign intrigues, to +guard against the impostures of pretended patriotism--this hope will be +a full recompense for the solicitude for your welfare by which they have +been dictated. + +How far, in the discharge of my official duties, I have been guided by +the principles which have been delineated, the public records, and other +evidences of my conduct, must witness to you and the world. To myself, +the assurance of my own conscience is, that I have at least believed +myself to be guided by them. + +In relation to the still subsisting war in Europe, my proclamation of +the 22d of April, 1793, is the index to my plan. Sanctioned by your +approving voice, and by that of your representatives in both Houses of +Congress, the spirit of that measure has continually governed me, +uninfluenced by any attempts to deter or divert me from it. + +After deliberate examination, with the aid of the best lights I could +obtain, I was well satisfied that our country, under all the +circumstances of the case, had a right to take, and was bound in duty +and interest to take, a neutral position. Having taken it, I determined, +as far as should depend upon me, to maintain it with moderation, +perseverance, and firmness. + +The considerations which respect the right to hold this conduct, it is +not necessary on this occasion to detail. I will only observe that, +according to my understanding of the matter, that right, so far from +being denied by any of the belligerent powers, has been virtually +admitted by all. + +The duty of holding a neutral conduct may be inferred, without anything +more, from the obligation which justice and humanity impose on every +nation, in cases in which it is free to act, to maintain inviolate the +relations of peace and amity toward other nations. + +The inducements of interest, for observing that conduct, will be best +referred to your own reflections and experience. With me, a predominant +motive has been to endeavor to gain time to our country to settle and +mature its yet recent institutions, and to progress, without +interruption, to that degree of strength and consistency which is +necessary to give it, humanly speaking, the command of its own fortunes. + +Though, in reviewing the incidents of my administration, I am +unconscious of intentional error, I am, nevertheless, too sensible of my +defects not to think it probable that I may have committed many errors. +Whatever they may be, I fervently beseech the Almighty to avert or +mitigate the evils to which they may tend. I shall also carry with me +the hope that my country will never cease to view them with indulgence, +and that, after forty-five years of my life dedicated to its service +with an upright zeal, the faults of incompetent abilities will be +consigned to oblivion, as myself must soon be to the mansions of rest. + +Relying on its kindness in this, as in other things, and actuated by +that fervent love toward it which is so natural to a man who views in it +the native soil of himself and his progenitors for several generations, +I anticipate, with pleasing expectation, that retreat in which I promise +myself to realize, without alloy, the sweet enjoyment of partaking, in +the midst of my fellow-citizens, the benign influence of good laws under +a free government--the ever favorite object of my heart--and the happy +reward, as I trust, of our mutual cares, labors, and dangers. + +GEORGE WASHINGTON. + +UNITED STATES, _17th September, 1796_. + + + + +PRESIDENT JACKSON'S PROCLAMATION, + +ISSUED IN 1832, WHEN SOUTH CAROLINA UNDERTOOK TO ANNUL THE FEDERAL +REVENUE LAW. + + +Whereas a convention, assembled in the State of South Carolina, have +passed an ordinance, by which they declare "that the several acts and +parts of acts of the Congress of the United States, purporting to be +laws for the imposing of duties and imposts on the importation of +foreign commodities, and now having actual operation and effect within +the United States, and more especially 'two acts for the same purposes, +passed on the 29th of May, 1828, and on the 14th of July, 1832,' are +unauthorized by the Constitution of the United States, and violate the +true meaning and intent thereof, and are null and void, and no law," nor +binding on the citizens of that State or its officers; and by the said +ordinance it is further declared to be unlawful for any of the +constituted authorities of the State, or of the United States, to +enforce the payment of the duties imposed by the said acts within the +same State, and that it is the duty of the legislature to pass such laws +as may be necessary to give full effect to the said ordinances: + +And whereas, by the said ordinance it is further ordained, that, in no +case of law or equity, decided in the courts of said State, wherein +shall be drawn in question the validity of the said ordinance, or of the +acts of the legislature that may be passed to give it effect, or of the +said laws of the United States, no appeal shall be allowed to the +Supreme Court of the United States, nor shall any copy of the record be +permitted or allowed for that purpose; and that any person attempting to +take such appeal, shall be punished as for a contempt of court: + +And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every hazard; and that they +will consider the passage of any act by Congress abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress +or egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistent with the longer +continuance of South Carolina in the Union; and that the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign +and independent States may of right do: + +And whereas the said ordinance prescribes to the people of South +Carolina a course of conduct in direct violation of their duty as +citizens of the United States, contrary to the laws of their country, +subversive of its Constitution, and having for its object the +destruction of the Union--that Union, which, coeval with our political +existence, led our fathers, without any other ties to unite them than +those of patriotism and common cause, through a sanguinary struggle to a +glorious independence--that sacred Union, hitherto, inviolate, which, +perfected by our happy Constitution, has brought us, by the favor of +Heaven, to a state of prosperity at home, and high consideration abroad, +rarely, if ever, equaled in the history of nations; to preserve this +bond of our political existence from destruction, to maintain inviolate +this state of national honor and prosperity, and to justify the +confidence my fellow-citizens have reposed in me, I, Andrew Jackson, +President of the United States, have thought proper to issue this, my +PROCLAMATION, stating my views of the Constitution and laws applicable +to the measures adopted by the Convention of South Carolina, and to the +reasons they have put forth to sustain them, declaring the course which +duty will require me to pursue, and, appealing to the understanding and +patriotism of the people, warn them of the consequences that must +inevitably result from an observance of the dictates of the Convention. + +Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be, invested, for +preserving the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of +the United States must all feel in preventing a resort to stronger +measures, while there is a hope that anything will be yielded to +reasoning and remonstrances, perhaps demand, and will certainly justify, +a full exposition to South Carolina and the nation of the views I +entertain of this important question, as well as a distinct enunciation +of the course which my sense of duty will require me to pursue. + +The ordinance is founded, not on the indefeasible right of resisting +acts which are plainly unconstitutional, and too oppressive to be +endured, but on the strange position that any one State may not only +declare an act of Congress void, but prohibit its execution--that they +may do this consistently with the Constitution--that the true +construction of that instrument permits a State to retain its place in +the Union, and yet be bound by no other of its laws than those it may +choose to consider as constitutional. It is true they add, that, to +justify this abrogation of a law, it must be palpably contrary to the +Constitution; but it is evident, that to give the right of resisting +laws of that description, coupled with the uncontrolled right to decide +what laws deserve that character, is to give the power of resisting all +laws. For, as by the theory, there is no appeal, the reasons alleged by +the State, good or bad, must prevail. If it should be said that public +opinion is a sufficient check against the abuse of this power, it may be +asked why is it not deemed a sufficient guard against the passage of an +unconstitutional act by Congress. There is, however, a restraint in this +last case, which makes the assumed power of a State more indefensible, +and which does not exist in the other. There are two appeals from an +unconstitutional act passed by Congress--one to the judiciary, the other +to the people and the States. There is no appeal from the State decision +in theory; and the practical illustration shows that the courts are +closed against an application to review it, both judges and jurors +being sworn to decide in its favor. But reasoning on this subject is +superfluous, when our social compact in express terms declares, that the +laws of the United States, its Constitution, and treaties made under it, +are the supreme law of the land; and for greater caution adds, "that the +judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." And +it may be asserted, without fear of refutation, that no federative +government could exist without a similar provision. Look, for a moment, +to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat that +an unconstitutional law is no law, so long as the question of its +legality is to be decided by the State itself; for every law operating +injuriously upon any local interest will be perhaps thought, and +certainly represented, as unconstitutional, and, as has been shown, +there is no appeal. + +If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the Eastern States, the carriage tax +in Virginia, were all deemed unconstitutional, and were more unequal in +their operation than any of the laws now complained of; but, +fortunately, none of those States discovered that they had the right now +claimed by South Carolina. The war into which we were forced, to support +the dignity of the nation and the rights of our citizens, might have +ended in defeat and disgrace, instead of victory and honor, if the +States, who supposed it a ruinous and unconstitutional measure, had +thought they possessed the right of nullifying the act by which it was +declared, and denying supplies for its prosecution. Hardly and unequally +as those measures bore upon several members of the Union, to the +legislatures of none did this efficient and peaceable remedy, as it is +called, suggest itself. The discovery of this important feature in our +Constitution was reserved to the present day. To the statesmen of South +Carolina belongs the invention, and upon the citizens of that State +will, unfortunately, fall the evils of reducing it to practice. + +If the doctrine of a State veto upon the laws of the Union carries with +it internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been +repudiated with indignation had it been proposed to form a feature in +our government. + +In our colonial state, although dependent on another power, we very +early considered ourselves as connected by common interest with each +other. Leagues were formed for common defense, and before the +Declaration of Independence, we were known in our aggregate character as +the United Colonies of America. That decisive and important step was +taken jointly. We declared ourselves a nation by a joint, not by several +acts; and when the terms of our confederation were reduced to form, it +was in that of a solemn league of several States, by which they agreed +that they would, collectively, form one nation, for the purpose of +conducting some certain domestic concerns, and all foreign relations. In +the instrument forming that Union, is found an article which declares +that "every State shall abide by the determinations of Congress on all +questions which by that Confederation should be submitted to them." + +Under the Confederation, then, no State could legally annul a decision +of the Congress, or refuse to submit to its execution; but no provision +was made to enforce these decisions. Congress made requisitions, but +they were not complied with. The government could not operate on +individuals. They had no judiciary, no means of collecting revenue. + +But the defects of the Confederation need not be detailed. Under its +operation we could scarcely be called a nation. We had neither +prosperity at home nor consideration abroad. This state of things could +not be endured, and our present happy Constitution was formed, but +formed in vain, if this fatal doctrine prevails. It was formed for +important objects that are announced in the preamble made in the name +and by the authority of the people of the United States, whose delegates +framed, and whose conventions approved, it. + +The most important among these objects, that which is placed first in +rank, on which all the others rest, is "_to form a more perfect Union_." +Now, it is possible that, even if there were no express provision giving +supremacy to the Constitution and laws of the United States over those +of the States, it can be conceived that an instrument made for the +purpose of "_forming a more perfect Union_" than that of the +Confederation, could be so constructed by the assembled wisdom of our +country as to substitute for that confederation a form of government, +dependent for its existence on the local interest, the party spirit of a +State, or of a prevailing faction in a State? Every man, of plain, +unsophisticated understanding, who hears the question, will give such an +answer as will preserve the Union. Metaphysical subtlety, in pursuit of +an impracticable theory, could alone have devised one that is calculated +to destroy it. + +I consider, then, the power to annul a law of the United States, +assumed by one State, _incompatible with the existence of the Union, +contradicted expressly by the letter of the Constitution, unauthorized +by its spirit, inconsistent with every principle on which it was +founded, and destructive of the great object for which it was formed_. + +After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance. + +The preamble rests its justification on these grounds: It assumes as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +Constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first actually +acknowledges that the law in question was passed under power expressly +given by the Constitution, to lay and collect imposts; but its +constitutionality is drawn in question from the motives of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make that law void; for how +is that purpose to be ascertained? Who is to make the scrutiny? How +often may bad purposes be falsely imputed? In how many cases are they +concealed by false professions? In how many is no declaration of motive +made? Admit this doctrine, and you give to the States an uncontrolled +right to decide, and every law may be annulled under this pretext. If, +therefore, the absurd and dangerous doctrine should be admitted, that a +State may annul an unconstitutional law, or one that it deems such, it +will not apply to the present case. + +The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then, indeed, is the federal +Constitution unworthy of the slightest efforts for its preservation. We +have hitherto relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet-anchor of our safety, in the stormy times +of conflict with a foreign or domestic foe. We have looked to it with +sacred awe as the palladium of our liberties, and with all the +solemnities of religion have pledged to each other our lives and +fortunes here, and our hopes of happiness hereafter, in its defense and +support. Were we mistaken, my countrymen, in attaching this importance +to the Constitution of our country? Was our devotion paid to the +wretched, inefficient, clumsy contrivance, which this new doctrine would +make it? Did we pledge ourselves to the support of an airy nothing--a +bubble that must be blown away by the first breath of disaffection? Was +this self-destroying, visionary theory the work of the profound +statesmen, the exalted patriots, to whom the task of constitutional +reform was intrusted? Did the name of Washington sanction, did the +States deliberately ratify, such an anomaly in the history of +fundamental legislation? No. We were not mistaken. The letter of this +great instrument is free from this radical fault; its language directly +contradicts the imputation; its spirit, its evident intent, contradicts +it. No, we did not err. Our Constitution does not contain the absurdity +of giving power to make laws, and another power to resist them. The +sages, whose memory will always be reverenced, have given us a +practical, and, as they hoped, a permanent constitutional compact. The +Father of his Country did not affix his revered name to so palpable an +absurdity. Nor did the States, when they severally ratified it, do so +under the impression that a veto on the laws of the United States was +reserved to them, or that they could exercise it by application. Search +the debates in all their conventions--examine the speeches of the most +zealous opposers of federal authority--look at the amendments that were +proposed. They are all silent--not a syllable uttered, not a vote given, +not a motion made, to correct the explicit supremacy given to the laws +of the Union over those of the States, or to show that implication, as +is now contended, could defeat it. No, we have not erred! The +Constitution is still the object of our reverence, the bond of our +union, our defense in danger, the source of our prosperity in peace. It +shall descend, as we have received it, uncorrupted by sophistical +construction, to our posterity; and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it +into existence, will again be patriotically offered for its support. + +The two remaining objections made by the ordinance to these laws are, +that the sums intended to be raised by them are greater than are +required, and that the proceeds will be unconstitutionally employed. The +Constitution has given expressly to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than +that which results from the power of changing the representatives who +abuse it, and thus procure redress. Congress may undoubtedly abuse this +discretionary power, but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution +has given it to the representatives of all the people, checked by the +representatives of the States, and by the executive power. The South +Carolina construction gives it to the legislature, or the convention of +a single State, where neither the people of the different States, nor +the States in their separate capacity, nor the chief magistrate elected +by the people, have any representation. Which is the most discreet +disposition of the power? I do not ask you, fellow-citizens, which is +the constitutional disposition--that instrument speaks a language not to +be misunderstood. But if you were assembled in general convention, which +would you think the safest depository of this discretionary power in the +last resort? Would you add a clause giving it to each of the States, or +would you sanction the wise provisions already made by your +Constitution? If this should be the result of your deliberations when +providing for the future, are you--can you--- be ready to risk all that +we hold dear, to establish, for a temporary and a local purpose, that +which you must acknowledge to be destructive, and even absurd, as a +general provision? Carry out the consequences of this right vested in +the different States, and you must perceive that the crisis your conduct +presents at this day would recur whenever any law of the United States +displeased any of the States, and that we should soon cease to be a +nation. + +The ordinance, with the same knowledge of the future that characterizes +a former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely can not be urged against the laws +levying the duty. + +These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens--judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, +how far they justify the reckless, destructive course which you are +directed to pursue. Review these objections, and the conclusions drawn +from them once more. What are they? Every law, then, for raising +revenue, according to the South Carolina ordinance, may be rightfully +annulled, unless it be so framed as no law ever will or can be framed. +Congress have a right to pass laws for raising revenue, and each State +has a right to oppose their execution--two rights directly opposed to +each other; and yet is this absurdity supposed to be contained in an +instrument drawn for the express purpose of avoiding collisions between +the States and the general government, by an assembly of the most +enlightened statesmen and purest patriots ever embodied for a similar +purpose. + +In vain have these sages declared that Congress shall have power to lay +and collect taxes, duties, imposts, and excises--in vain have they +provided that they shall have power to pass laws which shall be +necessary and proper to carry those powers into execution, that those +laws and that Constitution shall be the "supreme law of the land; and +that the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." In +vain have the people of the several States solemnly sanctioned these +provisions, made them their paramount law, and individually sworn to +support them whenever they were called on to execute any office. + +Vain provisions! Ineffectual restrictions! Vile profanation of oaths! +Miserable mockery of legislation! If a bare majority of the voters in +any one State may, on a real or supposed knowledge of the intent with +which a law has been passed, declare themselves free from its +operation--say here it gives too little, there too much, and operates +unequally--here it suffers articles to be free that ought to be taxed, +there it taxes those that ought to be free--in this case the proceeds +are intended to be applied to purposes which we do not approve, in that +the amount raised is more than is wanted. Congress, it is true, are +invested by the Constitution with the right of deciding these questions +according to their sound discretion. Congress is composed of the +representatives of all the States, and of all the people of all the +States; but WE, part of the people of one State, to whom the +Constitution has given no power on the subject, from whom it has +expressly taken it away--_we_, who have solemnly agreed that this +Constitution shall be our law--_we_, most of whom have sworn to support +it--_we_ now abrogate this law, and swear, and force others to swear, +that it shall not be obeyed--and we do this, not because Congress have +no right to pass such laws; this we do not allege; but because they +have passed them with improper views. They are unconstitutional from the +motives of those who pass them, which we can never with certainty know, +from their unequal operation; although it is impossible from the nature +of things that they should be equal--and from the disposition which we +presume may be made of their proceeds, although that disposition has not +been declared. This is the plain meaning of the ordinance in relation to +laws which it abrogates for alleged unconstitutionality. But it does not +stop here. It repeals, in express terms, an important part of the +Constitution itself, and of laws passed to give it effect, which have +never been alleged to be unconstitutional. The Constitution declares +that the judicial powers of the United States extend to cases arising +under the laws of the United States, and that such laws the Constitution +and treaties shall be paramount to the State constitutions and laws. The +judiciary act prescribes the mode by which the case may be brought +before a court of the United States, by appeal, when a State tribunal +shall decide against this provision of the Constitution. The ordinance +declares there shall be no appeal; makes the State law paramount to the +Constitution and laws of the United States; forces judges and jurors to +swear that they will disregard their provisions; and even makes it penal +in a suitor to attempt relief by appeal. It further declares that it +shall not be lawful for the authorities of the United States, or of that +State, to enforce the payment of duties imposed by the revenue laws +within its limits. + +Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the Constitution which +is solemnly abrogated by the same authority. + +On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws of which it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is +made to execute them. + +This right to secede is deduced from the nature of the Constitution, +which they say is a compact between sovereign States, who have preserved +their whole sovereignty, and therefore are subject to no superior; that +because they made the compact, they can break it when in their opinion +it has been departed from by the other States. Fallacious as this course +of reasoning is, it enlists State pride, and finds advocates in the +honest prejudices of those who have not studied the nature of our +government sufficiently to see the radical error on which it rests. + +The people of the United States formed the Constitution, acting through +the State legislatures, in making the compact, to meet and discuss its +provisions, and acting in separate conventions when they ratified those +provisions; but the term used in its construction show it to be a +government in which the people of all the States collectively are +represented. We are ONE PEOPLE in the choice of the President and +Vice-President. Here the States have no other agency than to direct the +mode in which the votes shall be given. The candidates having the +majority of all the votes are chosen. The electors of a majority of +States may have given their votes for one candidate, and yet another may +be chosen. The people then, and not the States, are represented in the +executive branch. + +In the House of Representatives there is this difference, that the +people of one State do not, as in the case of President and +Vice-President, all vote for all the members, each State electing only +its own representatives. But this creates no material distinction. When +chosen, they are all representatives of the United States, not +representatives of the particular State from which they come. They are +paid by the United States, not by the State; nor are they accountable to +it for any act done in performance of their legislative functions; and +however they may in practice, as it is their duty to do, consult and +prefer the interests of their particular constituents when they come in +conflict with any other partial or local interest, yet it is their first +and highest duty, as representatives of the United States, to promote +the general good. + +The Constitution of the United States, then, forms a _government_, not a +league, and whether it be formed by compact between the States, or in +any other manner, its character is the same. It is a government in which +all the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers as +to constitute jointly with the other States a single nation, can not +from that period possess any right to secede, because such secession +does not break a league, but destroys the unity of a nation, and any +injury to that unity is not only a breach which would result from the +contravention of a compact, but it is an offense against the whole +Union. To say that any State may at pleasure secede from the Union, is +to say that the United States is not a nation; because it would be a +solecism to contend that any part of a nation might dissolve its +connection with the other parts, to their injury or ruin, without +committing any offense. Secession, like any other revolutionary act, may +be morally justified by the extremity of oppression; but to call it a +constitutional right, is confounding the meaning of terms, and can only +be done through gross error, or to deceive those who are willing to +assert a right, but would pause before they made a revolution, or incur +the penalties consequent upon a failure. + +Because the Union was formed by compact, it is said the parties to that +compact may, when they feel aggrieved, depart from it; but it is +precisely because it is a compact that they cannot. A contract is an +agreement or binding obligation. It may by its terms have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it +may be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations, generally, has no sanction other +than a moral one; or if it should contain a penalty, as there is no +common superior, it cannot be enforced. A government, on the contrary, +always has a sanction, express or implied; and, in our case, it is both +necessarily implied and expressly given. An attempt by force of arms to +destroy a government is an offense, by whatever means the constitutional +compact may have been formed; and such government has the right, by the +law of self-defense, to pass acts for punishing the offender, unless +that right is modified, restrained, or resumed by the constitutional +act. In our system, although it is modified in the case of treason, yet +authority is expressly given to pass all laws necessary to carry its +powers into effect, and under this grant provision has been made for +punishing acts which obstruct the due administration of the laws. + +It would seem superfluous to add anything to show the nature of that +union which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must +give some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States than the magistrate who now addresses you. No one would make +greater personal sacrifices, or official exertions, to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of, the rights they have +vested in the nation. The line has not been so distinctly drawn as to +avoid doubts in some cases of the exercise of power. Men of the best +intentions and soundest views may differ in their construction of some +parts of the Constitution; but there are others on which dispassionate +reflection can leave no doubt. Of this nature appears to be the assumed +right of secession. It rests, as we have seen, on the alleged and +undivided sovereignty of the States, and of their having formed in this +sovereign capacity a compact which is called the Constitution, from +which, because they made it, they have the right to secede. Both of +these positions are erroneous, and some of the arguments to prove them +so have been anticipated. + +The States severally have not retained their entire sovereignty. It has +been shown that in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make treaties, declare war, levy taxes, exercise judicial and +legislative powers, were all functions of sovereign power. The States, +then, for all these important purposes, were no longer sovereign. The +allegiance of their citizens was transferred in the first instance to +the government of the United States; they became American citizens, and +owed obedience to the Constitution of the United States, and to laws +made in conformity with the powers vested in Congress. This last +position has not been, and can not be, denied. How, then, can that State +be said to be sovereign and independent whose citizens owe obedience to +laws not made by it, and whose magistrates are sworn to disregard those +laws, when they come in conflict with those passed by another? What +shows conclusively that the States can not be said to have reserved an +undivided sovereignty, is that they expressly ceded the right to punish +treason--not treason against a separate power, but treason against the +United States. Treason is an offense against _sovereignty_, and +sovereignty must reside with the power to punish it. But the reserved +rights of the States are not less sacred because they have for their +common interest made the general government the depository of these +powers. The unity of our political character (as has been shown for +another purpose) commenced with its very existence. Under the royal +government we had no separate character; our opposition to its +oppression began as UNITED COLONIES. We were the UNITED STATES under the +Confederation, and the name was perpetuated and the Union rendered more +perfect by the federal Constitution. In none of these stages did we +consider ourselves in any other light than as forming one nation. +Treaties and alliances were made in the name of all. Troops were raised +for the joint defense. How, then, with all these proofs, that under all +changes of our position we had, for designated purposes and with defined +powers, created national governments--how is it that the most perfect of +these several modes of union should now be considered as a mere league +that may be dissolved at pleasure? It is from an abuse of terms. Compact +is used as synonymous with league, although the true term is not +employed, because it would at once show the fallacy of the reasoning. It +would not do to say that our Constitution was only a league, but it is +labored to prove it a compact (which, in one sense, it is), and then to +argue that as a league is a compact, every compact between nations must, +of course, be a league, and that from such an engagement every sovereign +power has a right to recede. But it has been shown that in this sense +the States are not sovereign, and that even if they were, and the +national Constitution had been formed by compact, there would be no +right in any one State to exonerate itself from the obligation. + +So obvious are the reasons which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit +of all. It was produced by mutual sacrifice of interest and opinions. +Can those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the West, recall the +grant? Will the inhabitants of the inland States agree to pay the duties +that may be imposed without their assent by those on the Atlantic or the +Gulf, for their own benefit? Shall there be a free port in one State, +and enormous duties in another? No one believes that any right exists in +a single State to involve all the others in these and countless other +evils, contrary to engagements solemnly made. Every one must see that +the other States, in self-defense, must oppose it at all hazards. + +These are the alternatives that are presented by the convention: A +repeal of all the acts for raising revenue, leaving the government +without the means of support; or an acquiesce in the dissolution of our +Union by the secession of one of its members. When the first was +proposed, it was known that it could not be listened to for a moment. It +was known if force was applied to oppose the execution of the laws, that +it must be repelled by force--that Congress could not, without involving +itself in disgrace and the country in ruin, accede to the proposition; +and yet if this is not done in a given day, or if any attempt is made to +execute the laws, the State is, by the ordinance, declared to be out of +the Union. The majority of a convention assembled for the purpose have +dictated these terms, or rather this rejection of all terms, in the name +of the people of South Carolina. It is true that the governor of the +State speaks of the submission of their grievances to a convention of +all the States; which, he says, they "sincerely and anxiously seek and +desire." Yet this obvious and constitutional mode of obtaining the +sense of the other States on the construction of the federal compact, +and amending it, if necessary, has never been attempted by those who +have urged the State on to this destructive measure. The State might +have proposed a call for a general convention to the other States, and +Congress, if a sufficient number of them concurred, must have called it. +But the first magistrate of South Carolina, when he expressed a hope +that, "on a review by Congress and the functionaries of the general +government of the merits of the controversy," such a convention will be +accorded to them, must have known that neither Congress, nor any +functionary in the general government, has authority to call such a +convention, unless it be demanded by two-thirds of the States. This +suggestion, then, is another instance of the reckless inattention to the +provisions of the Constitution with which this crisis has been madly +hurried on; or of the attempt to persuade the people that a +constitutional remedy has been sought and refused. If the legislature of +South Carolina "anxiously desire" a general convention to consider their +complaints, why have they not made application for it in the way the +Constitution points out? The assertion that they "earnestly seek" it is +completely negatived by the omission. + +This, then is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +convention; that convention has ordained that all the revenue laws of +the United States must be repealed, or that they are no longer a member +of the Union. The governor of that State has recommended to the +legislature the raising of an army to carry the secession into effect, +and that he may be empowered to give clearances to vessels in the name +of the State. No act of violent opposition to the laws has yet been +committed, but such a state of things is hourly apprehended, and it is +the intent of this instrument to PROCLAIM, not only that the duty +imposed on me by the Constitution, "to take care that the laws be +faithfully executed," shall be performed to the extent of the powers +already vested in me by law, or of such others as the wisdom of Congress +shall devise and intrust to me for that purpose; but to warn the +citizens of South Carolina, who have been deluded into an opposition to +the laws, of the danger they will incur by obedience to the illegal and +disorganizing ordinance of the convention--to exhort those who have +refused to support it to persevere in their determination to uphold the +Constitution and laws of their country, and to point out to all the +perilous situation into which the good people of that State have been +led, and that the course they are urged to pursue is one of ruin and +disgrace to the very State whose rights they effect to support. + +Fellow-citizens of my native State! let me not only admonish you, as the +first magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom +he saw rushing to a certain ruin. In that paternal language, with that +paternal feeling, let me tell you, my countrymen, that you are deluded +by men who are either deceived themselves or wish to deceive you. Mark +under what pretenses you have been led on to the brink of insurrection +and treason on which you stand! First a diminution of the value of our +staple commodity, lowered by over-production in other quarters and the +consequent diminution in the value of your lands, were the sole effect +of the tariff laws. The effect of those laws was confessedly injurious, +but the evil was greatly exaggerated by the unfounded theory you were +taught to believe, that its burdens were in proportion to your exports, +not to your consumption of imported articles. Your pride was roused by +the assertions that a submission to these laws was a state of vassalage, +and that resistance to them was equal, in patriotic merit, to the +opposition our fathers offered to the oppressive laws of Great Britain. +You were told that this opposition might be peaceably--might be +constitutionally made--that you might enjoy all the advantages of the +Union and bear none of its burdens. Eloquent appeals to your passions, +to your State pride, to your native courage, to your sense of real +injury, were used to prepare you for the period when the mask which +concealed the hideous features of DISUNION should be taken off. It fell, +and you were made to look with complacency on objects which not long +since you would have regarded with horror. Look back to the arts which +have brought you to this state--look forward to the consequences to +which it must inevitably lead! Look back to what was first told you as +an inducement to enter into this dangerous course. The great political +truth was repeated to you that you had the revolutionary right of +resisting all laws that were palpably unconstitutional and intolerably +oppressive--it was added that the right to nullify a law rested on the +same principle, but that it was a peaceable remedy! This character which +was given to it, made you receive with too much confidence the +assertions that were made of the unconstitutionality of the law and its +oppressive effects. Mark, my fellow-citizens, that by the admission of +your leaders the unconstitutionality must be _palpable_, or it will +justify either resistance or nullification! What is the meaning of the +word _palpable_ in the sense in which it is here used?--that which is +apparent to every one, that which no man of ordinary intellect will fail +to perceive. Is the unconstitutionality of these laws of that +description? Let those among your leaders who once approved and +advocated the principles of protective duties, answer the question; and +let them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon our confidence and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to +you. They are not champions of liberty emulating the fame of our +Revolutionary fathers, nor are you an oppressed people, contending, as +they repeat to you, against worse than colonial vassalage. You are free +members of a flourishing and happy Union. There is no settled design to +oppress you. You have, indeed, felt the unequal operation of laws which +may have been unwisely, not unconstitutionally passed; but that +inequality must necessarily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion has commenced. The nearly approaching payment of the +public debt, and the consequent necessity of a diminution of duties, had +already caused a considerable reduction, and that, too, on some articles +of general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further +alleviation of your burdens was to be expected, at the very time when +the condition of the country imperiously demanded such a modification of +the duties as should reduce them to a just and equitable scale. But, as +apprehensive of the effect of this change in allaying your discontents, +you were precipitated into a fearful state in which you now find +yourselves. + +I have urged you to look back to the means that were used to hurry you +on to the position you have now assumed, and forward to the consequences +it will produce. Something more is necessary. Contemplate the condition +of that country of which you still form an important part; consider its +government uniting in one bond of common interest and general protection +so many different States--giving to all their inhabitants the proud +title of AMERICAN CITIZENS--protecting their commerce--securing their +literature and arts--facilitating their intercommunication--defending +their frontiers--and making their name respected in the remotest parts +of the earth! Consider the extent of its territory, its increasing and +happy population, its advance in arts, which render life agreeable, and +the sciences which elevate the mind! See education spreading the lights +of religion, morality, and general information into every cottage in +this wide extent of our Territories and States! Behold it as the asylum +where the wretched and the oppressed find a refuge and support! Look on +this picture of happiness and honor, and say, WE, TOO, ARE CITIZENS OF +AMERICA--Carolina is one of these proud States her arms have +defended--her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will +dissolve--this picture of peace and prosperity we will deface--this free +intercourse we will interrupt--these fertile fields we will deluge with +blood--the protection of that glorious flag we renounce--the very name +of Americans we discard. And for what, mistaken men! For what do you +throw away these inestimable blessings--for what would you exchange your +share in the advantages and honor of the Union? For the dream of a +separate independence--a dream interrupted by bloody conflicts with your +neighbors, and a vile dependence on a foreign power. If your leaders +could succeed in establishing a separation, what would be your +situation? Are you united at home--are you free from the apprehension +of civil discord, with all its fearful consequences? Do our neighboring +republics, every day suffering some new revolution or contending with +some new insurrection--do they excite your envy? But the dictates of a +high duty oblige me solemnly to announce that you can not succeed. The +laws of the United States must be executed. I have no discretionary +power on the subject--my duty is emphatically pronounced in the +Constitution. Those who told you that you might peaceably prevent their +execution, deceived you--they could not have been deceived themselves. +They know that a forcible opposition could alone prevent the execution +of the laws, and they know that such opposition must be repelled. Their +object is disunion; but be not deceived by names; disunion, by armed +force, is TREASON. Are you really ready to incur this guilt? If you are, +on the head of the instigators of the act be the dreadful +consequences--on their heads be the dishonor, but on yours may fall the +punishment--on your unhappy State will inevitably fall all the evils of +the conflict you force upon the government of your country. It cannot +accede to the mad project of disunion of which you would be the first +victims--its first magistrate can not, if he would, avoid the +performance of his duty--the consequence must be fearful for you, +distressing to your fellow-citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal--it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumpters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union to +support which so many of them fought and bled and died. I adjure you, as +you honor their memory--as you love the cause of freedom, to which they +dedicated their lives--as you prize the peace of your country, the lives +of its best citizens, and your own fair fame, to retrace your steps. +Snatch from the archives of your State the disorganizing edict of its +convention--bid its members to re-assemble and promulgate the decided +expressions of your will to remain in the path which alone can conduct +you to safety, prosperity, and honor--tell them that compared to +disunion, all other evils are light, because that brings with it an +accumulation of all--declare that you will never take the field unless +the star-spangled banner of your country shall float over you--that you +will not be stigmatized when dead, and dishonored and scorned while you +live, as the authors of the first attack on the Constitution of your +country!--its destroyers you can not be. You may disturb its peace--you +may interrupt the course of its prosperity--you may cloud its reputation +for stability--but its tranquillity will be restored, its prosperity +will return, and the stain upon its national character will be +transferred and remain an eternal blot on the memory of those who caused +the disorder. + +Fellow-citizens of the United States! The threat of unhallowed +disunion--the names of those, once respected, by whom it is uttered--the +array of military force to support it--denote the approach of a crisis +in our affairs on which the continuance of our unexampled prosperity, +our political existence, and perhaps that of all free governments, may +depend. The conjecture demanded a free, a full, and explicit +enunciation, not only of my intentions, but of my principles of action; +and as the claim was asserted of a right by a State to annul the laws of +the Union, and even to secede from it at pleasure, a frank exposition of +my opinions in relation to the origin and form of our government, and +the construction I give to the instrument by which it was created, +seemed to be proper. Having the fullest confidence in the justness of +the legal and constitutional opinion of my duties which has been +expressed, I rely with equal confidence on your undivided support in my +determination to execute the laws--to preserve the Union by all +constitutional means--to arrest, if possible, by moderate but firm +measures, the necessity of a recourse to force; and, if it be the will +of Heaven that the recurrence of its primeval curse on man for the +shedding of a brother's blood should fall upon our land, that it be not +called down by any offensive act on the part of the United States. + +Fellow-citizens! The momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessing +it secures to us as one people shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that +the prudence, the wisdom, and the courage which it will bring to their +defense, will transmit them unimpaired and invigorated to our children. + +May the Great Ruler of nations grant that the signal blessings with +which He has favored ours may not, by the madness of party, or personal +ambition, be disregarded and lost, and may His wise providence bring +those who have produced this crisis to see the folly, before they feel +the misery, of civil strife, and inspire a returning veneration for +that Union which, if we may dare to penetrate His designs, He has +chosen, as the only means of attaining the high destinies to which we +may reasonably aspire. + +In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand. + +Done at the City of Washington, this 10th day of December, in the year +of our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh. + +ANDREW JACKSON. + +By the President. + +EDW. LIVINGSOE, _Secretary of State_. + + + + +MONROE DOCTRINE. + +EXTRACT FROM PRESIDENT MONROE'S ANNUAL MESSAGE, WASHINGTON, DEC. 2, +1823. + + +The citizens of the United States cherish sentiments the most friendly +in favor of the liberty and happiness of their fellow-men on that side +of the Atlantic. In the wars of the European powers, in matters relating +to themselves, we have never taken any part, nor does it comport with +our policy so to do. It is only when our rights are invaded, or +seriously menaced, that we resent injuries or make preparations for our +defence. With the movements in this hemisphere, we are, of necessity, +more immediately connected, and by causes which must be obvious to all +enlightened and impartial observers. The political system of the allied +powers is essentially different, in this respect, from that of America. +This difference proceeds from that which exists in their respective +Governments. And to the defence of our own, which has been achieved by +the loss of so much blood and treasure, and matured by the wisdom of +their most enlightened citizens, and under which we have enjoyed +unexampled felicity, this whole nation is devoted. + +We owe it, therefore, to candor and to the amicable relations existing +between the United States and those powers, to declare, that we should +consider any attempt on their part to extend their system to any portion +of this hemisphere, as dangerous to our peace and safety. + +With the existing colonies or dependencies of any European power, we +have not interfered, and shall not interfere. But, with the Governments +who have declared their independence, and maintained it, and whose +independence we have, on great consideration, and on just principles, +acknowledged, we could not view any interposition for the purpose of +oppressing them, or controlling, in any other manner, their destiny, by +any European power, in any other light than as the manifestation of an +unfriendly disposition towards the United States. + +In the war between those new Governments and Spain, we declared our +neutrality at the time of their recognition, and to this we have +adhered, and shall continue to adhere, provided no change shall occur, +which, in the judgment of the competent authorities of this Government, +shall make a corresponding change on the part of the United States, +indispensable to their security. + + + + +THE DRED SCOTT DECISION. + +DRED SCOTT, PLAINTIFF IN ERROR, _vs._ JOHN F.A. SANDFORD. + + +This case was brought up by writ of error, from the Circuit Court of the +United States for the district of Missouri. + +It was an action of trespass _vi et armis_ instituted in the Circuit +Court by Scott against Sanford. + +Prior to the institution of the present suit, an action was brought by +Scott for his freedom in the Circuit Court of St. Louis county, (State +court,) where there was a verdict and judgment in his favor. On a writ +of error to the Supreme Court of the State, the judgment below was +reversed, and the case remanded to the Circuit Court, where it was +continued to await the decision of the case now in question. + +The declaration of Scott contained three counts: one, that Sandford had +assaulted the plaintiff; one, that he had assaulted Harriet Scott, his +wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his +children. + +Sandford appeared, and filed the following plea: + +DRED SCOTT, } +_vs._ } _Plea to the Jurisdiction of the Court._ +JOHN F.A. SANDFORD. } + + +APRIL TERM, 1854. + +And the said John F.A. Sandford, in his own proper person, comes and +says that this court ought not to have or take further cognizance of the +action aforesaid, because he says that said cause of action, and each +and every of them, (if any such have accrued to the said Dred Scott,) +accrued to the said Dred Scott out of the jurisdiction of this court, +and exclusively within the jurisdiction of the courts of the State of +Missouri, for that, to wit: the said plaintiff, Dred Scott, is not a +citizen of the State of Missouri, as alleged in his declaration, because +he is a negro of African descent; his ancestors were of pure African +blood, and were brought into this country and sold as negro slaves, and +this the said Sandford is ready to verify. Wherefore he prays judgment +whether this court can or will take further cognizance of the action +aforesaid. + +JOHN F.A. SANDFORD. + +To this plea there was a demurrer in the usual form, which was argued +in April, 1854, when the court gave judgment that the demurrer should be +sustained. + +In May, 1854, the defendant, in pursuance of an agreement between +counsel, and with the leave of the court, pleaded in bar of the action: + +1. Not guilty. + +2. That the plaintiff was a negro slave, the lawful property of the +defendant, and, as such, the defendant gently laid his hands upon him, +and thereby had only restrained him, as the defendant had a right to do. + +3. That with respect to the wife and daughters of the plaintiff, in the +second and third counts of the declaration mentioned, the defendant had, +as to them, only acted in the same manner, and in virtue of the same +legal right. + +In the first of these pleas, the plaintiff joined issue; and to the +second and third filed replications alleging that the defendant, of his +own wrong and without the cause in his second and third pleas alleged, +committed the trespasses, etc. + +The counsel then filed the following agreed statement of facts, viz.: + +In the year 1834, the plaintiff was a negro slave belonging to Dr. +Emerson, who was a surgeon in the army of the United States. In that +year, 1834, said Dr. Emerson took the plaintiff from the State of +Missouri to the military post at Rock Island in the State of Illinois, +and held him there as a slave until the month of April or May, 1836. At +the time last mentioned, said Dr. Emerson removed the plaintiff from +said military post at Rock Island to the military post at Fort Snelling, +situate on the west bank of the Mississippi river, in the Territory +known as Upper Louisiana, acquired by the United States of France, and +situate north of the latitude of thirty-six degrees thirty minutes +north, and north of the State of Missouri. Said Dr. Emerson held the +plaintiff in slavery at said Fort Snelling, from said last-mentioned +date until the year 1838. + +In the year 1835, Harriet, who is named in the second count of the +plaintiff's declaration, was the negro slave of Major Taliaferro, who +belonged to the army of the United States. In that year, 1835, said +Major Taliaferro took said Harriet to said Fort Snelling, a military +post, situated as hereinbefore stated, and kept her there as a slave +until the year 1836, and then sold and delivered her as a slave at said +Fort Snelling unto the said Dr. Emerson hereinbefore named. Said Dr. +Emerson held said Harriet in slavery at said Fort Snelling until the +year 1838. + +In the year 1836, the plaintiff and said Harriet, at said Fort +Snelling, with the consent of said Dr. Emerson, who then claimed to be +their master and owner, intermarried, and took each other for husband +and wife. Eliza and Lizzie, named in the third count of the plaintiff's +declaration, are the fruit of that marriage. Eliza is about fourteen +years old, and was born on board the steamboat Gipsey, north of the +north line of the State of Missouri, and upon the river Mississippi. +Lizzie is about seven years old, and was born in the State of Missouri, +at the military post called Jefferson Barracks. + +In the year 1838, said Dr. Emerson removed the plaintiff and said +Harriet and their said daughter Eliza, from said Fort Snelling to the +State of Missouri, where they have ever since resided. + +Before the commencement of this suit, said Dr. Emerson sold and conveyed +the plaintiff, said Harriet, Eliza, and Lizzie, to the defendant, as +slaves, and the defendant has ever since claimed to hold them and each +of them as slaves. + +At the times mentioned in the plaintiff's declaration, the defendant +claiming to be owner as aforesaid, laid his hands upon said plaintiff, +Harriet, Eliza, and Lizzie, and imprisoned them, doing in this respect, +however, no more than what he might lawfully do if they were of right +his slaves at such times. + +Further proof may be given on the trial for either party. + +It is agreed that Dred Scott brought suit for his freedom in the Circuit +Court of St. Louis county; that there was a verdict and judgment in his +favor; that on a writ of error to the Supreme Court, the judgment below +was reversed, and the same remanded to the Circuit Court, where it has +been continued to await the decision of this case. + +In May, 1854, the cause went before a jury, who found the following +verdict, viz.: "As to the first issue joined in this case, we of the +jury find the defendant not guilty; and as to the issue secondly above +joined, we of the jury find that before and at the time when, &c., in +the first count mentioned, the said Dred Scott was a negro slave, the +lawful property of the defendant; and as to the issue thirdly above +joined, we, the jury, find that before and at the time when, &c., in the +second and third counts mentioned, the said Harriet, wife of said Dred +Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were +negro slaves, the lawful property of the defendant." + +Whereupon the court gave judgment for the defendant. + +After an ineffectual motion for a new trial, the plaintiff filed the +following bill of exceptions. + +On the trial of this cause by the jury, the plaintiff, to maintain the +issues on his part, read to the jury the following agreed statement of +facts, (see agreement above.) No further testimony was given to the jury +by either party. Thereupon the plaintiff moved the court to give to the +jury the following instruction, viz.: + +"That upon the facts agreed to by the parties, they ought to find for +the plaintiff. The court refused to give such instruction to the jury, +and the plaintiff, to such refusal, then and there duly excepted." + +The court then gave the following instruction to the jury, on motion of +the defendant: + +"The jury are instructed, that upon the facts in this case, the law is +with the defendant." The plaintiff excepted to this instruction. + +Upon these exceptions, the case came up to this court. + +It was argued at December term, 1855, and ordered to be reargued at the +present term. + +The opinion of the court, as delivered by Chief Justice Taney, being so +lengthy, we omit all but the summing up, to wit: + +Upon the whole, therefore, it is the judgment of this court, that it +appears by the record before us, that the plaintiff in error is not a +citizen of Missouri, in the sense in which that word is used in the +Constitution; and that the Circuit Court of the United States, for that +reason, had no jurisdiction in the case, and could give no judgment in +it. Its judgment for the defendant must, consequently, be reversed, and +a mandate issued, directing the suit to be dismissed for want of +jurisdiction. + + + + +PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES. + +WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE. + + +BEFORE THE REVOLUTION. + +FIRST CONGRESS, Sept. 5, 1774. Peyton Randolph, of Virginia, President. +Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles +Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in +Pennsylvania, Aug. 16, 1824. + +SECOND CONGRESS, May 10, 1775. Peyton Randolph, President. Resigned May +24, 1775. + +John Hancock, of Massachusetts, elected his successor. He was born at +Quincy, Mass., 1737, died Oct. 8, 1793. He was President of Congress +until October, 1777. + +Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec. +1778. He was born at Charleston, S.C., 1724, died in South Carolina, +Dec, 1792. + +John Jay, of New York, President from Dec. 10, 1778, to Sept. 27, 1779. +He was born in New York City, Dec. 12, 1745, died at New York, May 17, +1829. + +Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until +July 10, 1781. He was born in Connecticut, in 1732, died 1796. + +Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, +1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, +June 24, 1817. + +John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782. + +Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb. +4, 1783. He was born at Philadelphia, May 2, 1740, died 1824. + +Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov. +30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, +1800. + +Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov. +23, 1785. He was born in Virginia, 1732, died 1794. + +John Hancock, of Massachusetts, President from Nov. 23, 1785, to June 6, +1786. + +Nathaniel Gorham, of Massachusetts, President from June 6, 1786, to Feb. +2, 1787. He was born at Charlestown, Mass., 1738, died June 11, 1796. + +Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan. +28, 1788. He was born in Edinburgh, Scotland,----, died in 1818. + +Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of +the Congress under the Confederation, March 3, 1789. He was born in +England, 1748, died in Virginia, 1810. + + +UNDER THE CONSTITUTION. + +1789 to 1793.--George Washington, of Virginia, inaugurated as President +of the United States, April 30, 1789. He was born upon Wakefield estate, +Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec. +14, 1799. + +John Adams, of Massachusetts, Vice-President. Born at Braintree, Mass., +Oct. 19, 1735, died July 4, 1826, near Quincy, Mass. + +ELECTORAL VOTE.--Geo. Washington, 69; John Adams, 34; John Jay, New +York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; +John Hancock, Massachusetts, 4; Geo. Clinton, New York, 3; Sam'l +Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, +Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Massachusetts, +1--Total, 69. Ten States voted,--Rhode Island, New York, and North +Carolina not voting, not having ratified the Constitution in time. + +1793 to 1797.--George Washington, President, inaugurated March 4, 1793. + +John Adams, Vice-President. + +ELECTORAL VOTE.--Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; +Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.--Total, 132. +Fifteen States voted. + +1797 to 1801.--John, Adams President, inaugurated March 4, 1797. + +Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, +Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826. + +ELECTORAL VOTE.--John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, +South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Massachusetts, 15; +Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James +Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, +2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, +1.--Total 138. Sixteen States voting. + +1801 to 1805.--Thomas Jefferson, President, inaugurated March 4, 1801. + +Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, +1756, died at Staten Island, N.Y., Sept. 14, 1836. + +ELECTORAL VOTE.--Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; +Chas. C. Pinckney, 64; John Jay 1.--Total, 13. Sixteen States voting. + +There was no choice by the Electoral colleges, and the election was +carried into the House of Representatives, and upon the 36th ballot, ten +States voted for Jefferson, four States for Aaron Burr, and two States +in blank. Jefferson was declared to be elected President, and Burr +Vice-President. The Constitution was then amended, so that the +Vice-President was voted for separately, instead of being the second on +the vote for President. + +1805 to 1809.--Thomas Jefferson, President, inaugurated March 4, 1805. + +George Clinton, of New York, Vice-President. He was born in Ulster +county, N.Y., 1739, died in Washington, D.C., April 20, 1812. + +ELECTORAL VOTE.--For President, Thos. Jefferson, 162; Chas. Cotesworth +Pinckney, 14.--Total, 176. Seven States voting. For Vice-President, +George Clinton, 162; Rufus King, New York, 14. + +1809 to 1813.--James Madison, of Virginia, President, inaugurated March +4, 1809. He was born March 16, 1751, in Prince George county, Va., and +died at Montpelier, Va., June 28, 1836. + +George Clinton, of New York, Vice-President, until his death, April 20, +1812. + +ELECTORAL VOTE.--For President, James Madison, 122; Geo. Clinton, 6; +C.C. Pinckney, 47.--Total, 175. Seventeen States voting. For +Vice-President, George Clinton, 113; James Madison, 3; James Monroe, +Virginia, 3; John Langdon, New Hampshire, 9; Rufus King, New York, 47. + +1813 to 1817.--James Madison, of Virginia, President, inaugurated March +4, 1813. + +Elbridge Gerry, of Massachusetts, Vice-President, until his death, Nov. +23, 1814. He was born at Marblehead, Mass., July 17, 1744, and died at +Washington, D.C. + +ELECTORAL VOTE.--For President, James Madison, 128; De Witt Clinton, New +York, 89.--Total, 217. Eighteen States voting. For Vice-President, +Elbridge Gerry, 131; Jared Ingersoll, Pa., 86. + +1817 to 1821.--James Monroe, of Virginia, President, inaugurated March +4, 1817. He was born in Westmoreland county, Va., 1759, and died in New +York, July 4, 1831. + +Daniel D. Tompkins, of New York, Vice-President. Born June 21, 1774, at +Fox Meadows, N.Y., and died at Staten Island, June 11, 1825. + +ELECTORAL VOTE.--For President, James Monroe, 183; Rufus King, +34.--Total, 221. Nineteen States voting. For Vice-President, Daniel D. +Tompkins, 183; John Eager Howard, Maryland, 22; James Ross, +Pennsylvania, 5; John Marshall, Virginia, 4; Robt. Goodloe Harper, +Maryland, 3. + +1821 to 1825.--James Monroe, President, inaugurated March 4, 1821. + +Daniel D. Tompkins, Vice-President. + +ELECTORAL VOTE.--For President, James Monroe, 231; John Quincy Adams, +Massachusetts, 1.--Total, 232. Twenty-four States voting. For +Vice-President, Daniel D. Tompkins, 218; Richard Stockton, New Jersey, +8; Robert G. Harper, 1; Richard Rush, Pennsylvania, 1; Daniel Rodney, +Delaware, 1. + +1825 to 1829.--John Quincy Adams, of Massachusetts, President, +inaugurated March 4, 1825. He was born at Quincy, Massachusetts, July +11, 1767, and died at Washington City, Feb. 23, 1848. + +John Caldwell Calhoun, of South Carolina, Vice-President. Born in +Abbeville district, S.C., March 18, 1782, and died March 31, 1850, in +Washington City. + +POPULAR VOTE.--For President, John Quincy Adams, 105,321; Andrew +Jackson, Tennessee, 152,899; Wm. H. Crawford, Georgia, 47,265; Henry +Clay, Kentucky, 47,087. + +ELECTORAL VOTE.--For President Andrew Jackson, 99; John Quincy Adams, +84; Wm, H. Crawford, 41; Henry Clay, 37.--Total, 261. Twenty-four States +voting. + +There being no choice by the Electoral colleges, the vote was taken into +the House of Representatives. Adams received the votes of thirteen +States, Jackson seven, and Crawford four. John Quincy Adams was +therefore declared elected President. + +For Vice-President, the Electoral vote was John C. Calhoun, South +Carolina, 182; Nathan Sanford, New York, 30; Nathaniel Macon, Georgia, +24; Andrew Jackson, Tennessee, 13; Martin Van Buren, New York, 9; Henry +Clay, Kentucky, 2. + +1829 to 1833.--Andrew Jackson, of Tennessee, President, inaugurated +March 4, 1829. He was born in Mecklenburg county, N.C., March 15, 1767, +and died at the Hermitage, Tenn., June 8, 1845. + +John Caldwell Calhoun, Vice-President, until his resignation, Dec. 28, +1832. + +POPULAR VOTE.--For President, Andrew Jackson, 650,028; John Quincy +Adams, 512,158. + +ELECTORAL VOTE.--For President, Andrew Jackson, 178; J.Q. Adams, +83.--Total, 261. Twenty-four States voting. + +For Vice-President, John C. Calhoun, 171; Richard Rush, Pennsylvania, +83; Wm, Smith, South Carolina, 7. + +1833 to 1837.--Andrew Jackson, President, inaugurated March 4, 1833. + +Martin Van Buren, of New York, Vice-President. He was born at +Kinderhook, N.Y., Dec. 5, 1782. + +POPULAR VOTE.--For President, Andrew Jackson, 687,502; Henry Clay, +550,189; Opposition, (John Floyd, Virginia, and Wm. Wirt, Maryland,) +33,108. + +ELECTORAL VOTE.--For President, Andrew Jackson, 219; Henry Clay, 49; +John Floyd, 11; Wm. Wirt, 7.--Total 288. Twenty-four States voting. + +For Vice-President, Martin Van Buren, 189; John Sergeant, Pennsylvania, +49; William Wilkins, Pennsylvania, 30; Henry Lee, Massachusetts, 11; +Amos Ellmaker, Pennsylvania, 7. + +1837 to 1841.--Martin Van Buren, President, inaugurated March 4, 1837. + +Richard M. Johnson, of Kentucky, Vice-President. He was born in 1780, +and died Nov. 19, 1850. + +POPULAR VOTE.--For President, Martin Van Buren, 762,149; Opposition, +(Wm. H. Harrison, Hugh L. White, Daniel Webster, W.P. Mangum,) 736,736. + +ELECTORAL VOTE.--For President, Martin Van Buren, 170; Wm. H. Harrison, +Ohio, 73; Hugh L. White, Tennessee, 26; Daniel Webster, Massachusetts, +14; W.P. Mangum, 11.--Total, 294. Twenty-six States voting. + +For Vice-President, Richard M. Johnson, Kentucky, 147; Francis Granger, +New York, 77; John Tyler, Virginia, 47; Wm. Smith, Alabama, 23. + +1841 to 1845--Wm. Henry Harrison, of Ohio, President, until his death, +at Washington, April 4, 1841. He was inaugurated March 4, 1841. He was +born in Berkeley county, Va., Feb. 9, 1773. + +John Tyler, of Virginia, Vice-President. He was born April, 1790, at +Greenway, Charles City county, Va. + +John Tyler, of Virginia, became President by the death of W.H. Harrison. +He took the oath of office April 6, 1841. + +POPULAR VOTE.--Nov. 1840.--For President, Wm. Henry Harrison, 1,274,783; +Martin Van Buren, 1,128,702; James G. Birney, New York, (Abolition,) +7,609. + +ELECTORAL VOTE.--For President, W.H. Harrison, 234; M. Van Buren, +60.--Total, 294. Twenty-six States voting. + +For Vice-President, John Tyler, 234; Richard M. Johnson, 48; L.W. +Tazewell, South Carolina, 11; James K. Polk, Tennessee, 1. + +1845 to 1849.--James Knox Polk, of Tennessee, President, inaugurated +March 4, 1845. He was born in Mecklenburg county, North Carolina, Nov. +2, 1795, and died at Nashville, Tennessee, June 15, 1849. + +George Mifflin Dallas, of Pennsylvania, Vice-President. Born in +Philadelphia, July 10, 1792. + +POPULAR VOTE.--For President, James K. Polk, 1,335,834; Henry Clay, +1,297,033; James G. Birney, 62,290. + +ELECTORAL VOTE.--For President, James K. Polk, 170; Henry Clay, +105.--Total, 275. Twenty-six States voting. + +For Vice-President, George M. Dallas, 170; Theodore Frelinghuysen, of +New Jersey, 105. + +1849 to 1853.--Zachary Taylor, of Louisiana, President, inaugurated +March 4, 1849. Born in Virginia, 1784, died in Washington City, July 9, +1850. + +Millard Fillmore, of New York, Vice-President. Born in Locke township, +Cayuga county, N.Y., Jan. 7, 1800. + +Millard Fillmore, President, after the death of Zachary Taylor, July 9, +1850. He took the oath of office, July 10, 1850. + +POPULAR VOTE.--For President, Zachary Taylor, 1,362,031; Lewis Cass, of +Michigan, 1,222,445; Martin Van Buren, (Free-Soil,) 291,455. + +ELECTORAL VOTE.--For President, Zachary Taylor, 163; Lewis Cass, +127.--Total, 290. Thirty States voting. + +For Vice-President, Millard Fillmore, 163; William O. Butler, Kentucky, +127. + +1853 to 1857.--Franklin Pierce, of New Hampshire, President, inaugurated +March 5, 1853. He was born at Hillsboro, N.H., Nov. 23, 1804. + +William R. King, of Alabama, Vice-President. He was born in North +Carolina, April 7, 1786, died at Cahawba, Ala., April 18, 1853. + +POPULAR VOTE.--For President, Franklin Pierce, 1,590,490; Winfield +Scott, 1,378,589; John P. Hale, New Hampshire, (Abolition,) 157,296. + +ELECTORAL VOTE.--For President, Franklin Pierce, 254; Winfield Scott of +New Jersey, 42.--Total, 296. Thirty-one States voting. + +For Vice President, Wm. R. King, 254; Wm. A. Graham, North Carolina, 42. + +1857 to 1861.--James Buchanan, of Pennsylvania, President. He was born +at Stony Batter, Franklin county, Penn., April 22, 1791. + +John C. Breckenridge, of Kentucky, Vice-President. Born near Lexington, +Kentucky, Jan. 21, 1820. + +POPULAR VOTE.--For President, James Buchanan, (Democratic.) 1,832,232; +John C. Fremont, California, (Republican,) 1,341,514; Millard Fillmore, +New York, (American,) 874,707. + +ELECTORAL VOTE.--For President, James Buchanan, 174; John C. Fremont, +109; Millard Fillmore, 8.--Total, 291. Thirty-one States voting. + +For Vice-President, John Breckenridge, 174; Wm. L. Dayton, New Jersey, +109; A.J. Donelson, Tennessee, 8.--Total, 291. + +1861 to 1865.--Abraham Lincoln, of Illinois, President, inaugurated +March 4, 1861. He was born near Muldraugh's Hill, Hardin county, Ky., +Feb. 1809. + +Hannibal Hamlin, of Maine, Vice-President. He was born at Paris, Oxford +county, Me., Aug. 27, 1809. + +POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 1,857,610; +Stephen A. Douglas, of Illinois, (Democratic,) 1,365,976; John C. +Breckenridge, of Kentucky, (Democratic,) 847,953; John Bell, of +Tennessee, (Constitutional Union,) 590,631. + +ELECTORAL VOTE.--For President, Abraham Lincoln, 180; John C. +Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12.--Total, 291. +Thirty-three States voting. + +For Vice-President, Hannibal Hamlin, Maine, 180; Joseph Lane, Oregon, +72; Edward Everett, Massachusetts, 39; Herschel V. Johnson, Georgia, 12. + +1865 to 1869.--Abraham Lincoln, President, inaugurated March 4, 1865. + +Andrew Johnson, of Tennessee, Vice-President. + +POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 3,213,035; +George B. McClellan, (Democrat,) 1,811,754. + +Upon the assassination of President Lincoln, April 14, 1865, Andrew +Johnson, then Vice-President, assumed the Presidency, and Lafayette S. +Foster, of Norwich, Conn., President of the Senate, became +Vice-President. + + + + +POPULAR NAMES OF STATES. + + +Virginia, the Old Dominion. +Massachusetts, the Bay State. +Maine, the Border State. +Rhode Island, Little Rhody. +New York, the Empire State. +New Hampshire, the Granite State. +Vermont, the Green Mountain State. +Connecticut, the Land of Steady Habits. +Pennsylvania, the Keystone State. +North Carolina, the Old North State. +Ohio, the Buckeye State. +South Carolina, the Palmetto State. +Michigan, the Wolverine State. +Kentucky, the Corn-Cracker. +Delaware, the Blue Hen's Chicken. +Missouri, the Puke State. +Indiana, the Hoosier State. +Illinois, the Sucker State. +Iowa, the Hawkeye State. +Wisconsin, the Badger State. +Florida, the Peninsular State. +Texas, the Lone Star State. + + + + +BATTLES OF THE REVOLUTION. + + +The following statistics show the losses of life in the various battles +of the American Revolution, also the dates of the several battles: + + British American + Loss. Loss. + +Lexington, April 15, 1775 273 84 +Bunker Hill, June 17, 1775 1054 456 +Flatbush, August 12, 1776 400 200 +White Plains, August 26, 1776 400 400 +Trenton, December 25, 1776 1000 9 +Princeton, January 5, 1777 400 100 +Hubbardstown, August 17, 1777 800 800 +Bennington, August 16, 1777 800 100 +Brandywine, September 11, 1777 500 1100 +Stillwater, September 17, 1777 600 350 +Germantown, October 5, 1777 600 1250 +Saratoga, October 17, 1777[A] 5752 .... +Red Hook, October 22, 1777 500 32 +Monmouth, June 25, 1778 400 130 +Rhode Island, August 27, 1778 260 214 +Briar Creek, March 30, 1779 13 400 +Stony Point, July 15, 1779 600 100 +Camden, August 16, 1779 375 610 +King's Mountain, October 1, 1780 950 66 +Cowpens, January 17, 1781 800 72 +Guilford C.H., March 15, 1781 532 400 +Hobkirk's Hill, April 25, 1781 400 460 +Eutaw Springs, September, 1781 1000 550 +Yorktown, October, 1781[A] 7072 .... + + Total 25,481 7913 + +[A] Surrendered. + + + + +NEUTRALITY LAW OF THE UNITED STATES, + +AS AMENDED AND APPROVED BY CONGRESS, JULY 26, 1866. + + +A Bill more effectually to preserve the neutral relations of the United +States. + +_Be it enacted, &c._, That if any citizen of the United States shall, +within the territory or jurisdiction thereof, accept and exercise a +commission to serve a foreign prince, State, colony, district, or people +in war by land or by sea against any prince, State, colony, district or +people with whom the United States are at peace, the person so offending +shall be deemed guilty of a misdemeanor, and shall on conviction thereof +be punished by a fine of not exceeding $2,000 and imprisonment not +exceeding two years, or either, at the discretion of the Court in which +such offender may be convicted. + +SEC. 2. _And be it further enacted_, That if any person shall, within +the territory or jurisdiction of the United States enlist, or enter +himself, or hire or retain another person to enlist or enter himself, or +to go beyond the limits or jurisdiction of the United States, with +intent to be enlisted or entered into the service of any foreign prince, +State, colony, district or people as a soldier, or as a marine or seaman +on board of any vessel-of-war, letter-of-marque or privateer, every +person so offending shall be deemed guilty of a misdemeanor, and shall +upon conviction therefor be punished by fine not exceeding $1,000, and +imprisonment not exceeding two years, or either of them, at the +discretion of the Court, in case such offender shall be convicted; +provided that this act shall not be construed to extend to any subject +or citizen of any foreign prince, State, colony, district or people, who +shall transiently be within the United States, and shall be on board of +any vessel of war, letter-of-marque or privateer, which, at the time of +its arrival within the United States, was fitted and equipped as such, +enlist or enter himself, and hire or retain another subject or citizen +of the same foreign prince, State, colony, district or people, who is +transiently in the United States, to enlist or enter himself to serve +such foreign prince, State, colony, district or people, on board such +vessel of war, letter-of-marque or privateer, if the United States shall +then be at peace with such foreign prince, State, colony, district or +people. + +SEC. 3. _And be it further enacted_, That if any person shall within the +limits of the United States fit out and arm or attempt to fit out and +arm, or procure to be fitted out and armed, or shall knowingly be +concerned in the furnishing, fitting out and arming of any ship or +vessel with intent that such ship or vessel shall be employed in the +service of any foreign prince, State, colony, district or people, to +cruise or commit hostilities against the subjects, citizens or property +of any foreign prince, State, or any colony, district or people with +whom the United States are at peace, or shall issue or deliver a +commission within the territory or jurisdiction of the United States for +any ship or vessel to the intent that she may be employed as aforesaid, +or shall have on board any person or persons who shall have been +enlisted, or shall have engaged to enlist or serve or shall be departing +from the jurisdiction of the United States with intent to enlist or +serve in contravention of the provisions of this act, every person so +offending shall be deemed guilty of a misdemeanor, and shall, upon +conviction thereof, be punished by a fine not exceeding $3,000, and +imprisonment not exceeding three years, or either of them, at the +discretion of the Court in which such offender shall be convicted; and +every such ship and vessel, with her tackle, apparel and furniture, +together with all materials, arms, ammunition and stores which may have +been procured for the building and equipment thereof, shall be forfeited +to the United States of America. + +SEC. 4. _And be it further enacted_, That it shall be lawful for any +Collector of the Customs who is by law empowered to make seizures for +any forfeiture incurred under any of the laws of Customs, to seize such +ships and vessels in such places and in such manner in which the +officers of the Customs are empowered to make seizures under the law for +the collection and protection of the revenue, and that every such ship +and vessel, with the tackle, apparel and furniture, together with all +the materials, arms, ammunition and stores which may belong to or be on +board such ship or vessel, may be prosecuted or condemned for the +violation of the provisions of this act in like manner as ships or +vessels may be prosecuted and condemned for any breach of the laws made +for the collection and protection of the revenue. + +SEC. 5. _And be it further enacted_, That if any person shall within the +territory or jurisdiction of the United States, increase or augment, or +procure to be increased or augmented, or shall knowingly be concerned in +increasing or augmenting the force of any ship of war, or cruiser, or +other armed vessel, which at the time of her arrival within the United +States was a ship of war, or cruiser, or armed vessel in the service of +any foreign prince, State, colony, district or people, or belonged to +the subjects or citizens of any such prince, State, colony, district or +people, the same being at war with any foreign prince, State, colony, +district or people with whom the United States are at peace, by adding +to the number of guns of such vessel, or by changing those on board of +her for guns of a larger calibre, or by addition thereto of any +equipment solely applicable to war, or shall have on board any person or +persons who shall have enlisted, or engaged to enlist or serve, or who +shall be departing from the jurisdiction of the United States with +intent to enlist or serve in contravention of the provisions of this +act; every person so offending shall be deemed guilty of a misdemeanor, +and shall upon conviction thereof be punished by fine or imprisonment, +or either of them, at the discretion of the court in which such offender +shall be convicted. + +SEC. 6. _And be it further enacted_, That the District Courts shall take +cognizance of all complaints, informations, indictments, or other +prosecutions, by whomsoever instituted, in cases of captures made within +the waters of the United States or within a marine league of the coasts +or shores thereof. + +SEC. 7. _And be it further enacted_, That in every case in which a +vessel shall be fitted out and armed, or in which the force of any +vessel of war, cruiser, or other armed vessel shall be increased or +augmented, in every case of the capture of a ship or vessel within the +jurisdiction or protection of the United States, as before defined, and +in every case in which any process issuing out of any court of the +United States shall be disobeyed or resisted by any person or persons +having the custody of any vessel of war, cruiser or other, armed vessel +of any prince or State, or of any colony, district or people, or of any +subjects or citizens of any foreign prince, State, or of any colony, +district or people in any such case, it shall be lawful for the +President of the United States, or such other person as he shall have +empowered for that purpose to employ such part of the land and naval +forces of the United States or of the militia thereof, for the purpose +of taking of and detaining any such ship or vessel with her prize or +prizes, if any, in order to the execution of the prohibition or +penalties of this act, and to the restoring the prize or prizes in the +cases in which restoration shall have been adjudged. + +SEC. 8. _And be it further enacted_, That it shall be lawful for the +President of the United States, or such person as he shall empower for +that purpose, to employ such part of the land and naval forces of the +United States, or of the militia thereof, as shall be necessary to +compel any foreign ship or vessel to depart the United States in all +cases in which, by the laws of nations or the treaties of the United +States they ought not to remain within the United States. + +SEC. 9. _And be it further enacted_, That offences made punishable by +the provisions of this act, committed by citizens of the United States, +beyond the jurisdiction of the United States, may be prosecuted and +tried before any court having jurisdiction of the offences prohibited by +this act. + +SEC. 10. _And be it further enacted_, That nothing in this act shall be +so construed as to prohibit citizens of the United States from selling +vessels, ships or steamers built within the limits thereof, or materials +or munitions of war, the growth or product of the same, to inhabitants +of other countries, or to Governments not at war with the United States: +provided that the operation of this section of this act shall be +suspended by the President of the United States with regard to any +classes of purchases, whenever the United States shall be engaged in +war, or whenever the maintenance of friendly relations with any foreign +nation may in his judgment require it. + +SEC. 11. _And be it further enacted_, That nothing in the foregoing act +shall be construed to prevent the prosecution or punishment of treason, +or any piracy or other felony defined by the laws of the United States. + +SEC. 12. _And be it further enacted_, That all acts and parts of acts +inconsistent with the provisions of this act or inflicting any further +or other penalty or forfeiture than are hereinbefore provided for. The +acts forbidden herein are hereby repealed. + + + + +POPULATION OF THE UNITED STATES. + + +STATES. 1850. 1860. + +Alabama 771,623 964,296 +Arkansas 209,897 435,427 +California 92,597 380,015 +Connecticut 370,792 460,151 +Delaware 91,532 112,218 +Florida 87,445 140,439 +Georgia 906,185 1,057,327 +Illinois 851,470 1,711,753 +Indiana 988,416 1,350,479 +Iowa 192,214 674,948 +Kansas ... 107,710 +Kentucky 982,405 1,155,713 +Louisiana 517,762 709,433 +Maine 583,169 628,276 +Maryland 583,034 687,034 +Massachusetts 994,514 1,231,065 +Michigan 397,654 749,112 +Minnesota 6,077 162,022 +Mississippi 606,026 791,395 +Missouri 682,044 1,173,317 +New Hampshire 317,976 326,072 +New Jersey 489,555 672,031 +New York 3,097,394 3,887,542 +North Carolina 869,039 992,667 +Ohio 1,980,329 2,339,599 +Oregon 12,093 52,464 +Pennsylvania 2,311,786 2,906,370 +Rhode Island 147,545 174,621 +South Carolina 668,507 703,812 +Tennessee 1,002,717 1,109,847 +Texas 212,592 601,039 +Vermont 314,120 315,116 +Virginia 1,421,661 1,596,083 +Wisconsin 305,391 775,873 + +TERRITORIES, ETC. + +Colorado .... 34,197 +Dakotah .... 4,839 +Nebraska .... 28,842 +Nevada .... 6,857 +New Mexico 61,547 93,541 +Utah 11,380 40,295 +Washington 1,201 11,578 +District of Columbia 51,687 75,076 + + Total 23,191,876 31,429,891 + + +SLAVE POPULATION IN THE U.S. IN 1860. + +STATES. 1850. 1860. + +Alabama 342,844 435,132 +Arkansas 47,100 111,104 +Delaware 2,290 1,798 +Florida 39,310 61,753 +Georgia 381,682 462,230 +Kentucky 210,981 225,490 +Louisiana 244,809 332,520 +Maryland 90,368 87,188 +Mississippi 309,878 436,696 +Missouri 87,422 114,965 +North Carolina 288,548 331,081 +South Carolina 384,984 402,541 +Tennessee 239,459 275,784 +Texas 58,161 180,388 +Virginia 472,528 490,887 +Nebraska (Territory) .. 10 +Utah " .. 29 +New Mexico " 26 24 +District of Columbia 3,687 3,181 + + Total 3,204,077 3,952,801 + + +STATISTICS OF SLAVERY BEFORE THE REVOLUTION. + +AMERICAN SLAVERY IN 1715. + +In the reign of George I., the ascertained population of the Continental +Colonies was as follows: + + White Men. Negro Slaves. +New Hampshire 9,500 150 +Massachusetts 94,000 2,000 +Rhode Island 7,500 500 +Connecticut 46,000 1,500 +New York 27,000 4,000 +Pennsylvania 43,300 2,500 +New Jersey 21,000 1,500 +Maryland 40,700 9,400 +Virginia 72,000 23,000 +North Carolina 7,500 3,700 +South Carolina 6,250 10,500 + + Total 375,000 58,550 + + + + +SPEECH OF HON. STEPHEN A. DOUGLAS. + +DELIVERED AT CHICAGO, MAY 1ST, 1861. + + +MR. CHAIRMAN: I thank you for the kind terms in which you have been +pleased to welcome me. I thank the Committee and citizens of Chicago for +this grand and imposing reception. I beg you to believe that I will not +do you nor myself the injustice to believe this magnificent ovation is +personal homage to myself. I rejoice to know that it expresses your +devotion to the Constitution, the Union, and the flag of our country. +(Cheers.) + +I will not conceal gratification at the uncontrovertible test this vast +audience presents--that what political differences or party questions +may have divided us, yet you all had a conviction that when the country +should be in danger, my loyalty could be relied on. That the present +danger is imminent, no man can conceal. If war must come--if the bayonet +must be used to maintain the Constitution--I can say before God my +conscience is clean. I have struggled long for a peaceful solution of +the difficulty. I have not only tendered those States what was theirs of +right, but I have gone to the very extreme of magnanimity. + +The return we receive is war, armies marched upon our capital, +obstructions and dangers to our navigation, letters of marque to invite +pirates to prey upon our commerce, a concerted movement to blot out the +United States of America from the map of the globe. The question is, Are +we to maintain the country of our fathers, or allow it to be stricken +down by those who, when they can no longer govern, threaten to destroy? + +What cause, what excuse do disunionists give us for breaking up the best +Government on which the sun of heaven ever shed its rays? They are +dissatisfied with the result of a Presidential election. Did they never +get beaten before? Are we to resort to the sword when we get defeated at +the ballot box? I understand it that the voice of the people expressed +in the mode appointed by the Constitution must command the obedience of +every citizen. They assume, on the election of a particular candidate, +that their rights are not safe in the Union. What evidence do they +present of this? I defy any man to show any act on which it is based. +What act has been omitted to be done? I appeal to these assembled +thousands that so far as the constitutional rights of the Southern +States, I will say the constitutional rights of slaveholders, are +concerned, nothing has been done, and nothing omitted, of which they can +complain. + +There has never been a time from the day that Washington was inaugurated +first President of these United States, when the rights of the Southern +States stood firmer under the laws of the land than they do now; there +never was a time when they had not as good a cause for disunion as they +have to-day. What good cause have they now that has not existed under +every Administration? + +If they say the Territorial question--now, for the first time, there is +no act of Congress prohibiting slavery anywhere. If it be the +non-enforcement of the laws, the only complaints that I have heard have +been of the too vigorous and faithful fulfilment of the Fugitive Slave +Law. Then what reason have they? + +The slavery question is a mere excuse. The election of Lincoln is a mere +pretext. The present secession movement is the result of an enormous +conspiracy formed more than a year since--formed by leaders in the +Southern Confederacy more than twelve months ago. + +They use the Slavery question as a means to aid the accomplishment of +their ends. They desired the election of a Northern candidate, by a +sectional vote, in order to show that the two sections cannot live +together. When the history of the two years from the Lecompton charter +down to the Presidential election shall be written, it will be shown +that the scheme was deliberately made to break up this Union. + +They desired a Northern Republican to be elected by a purely Northern +vote, and then assign this fact as a reason why the sections may not +longer live together. If the disunion candidate in the late Presidential +contest had carried the united South, their scheme was, the Northern +candidate successful, to seize the Capital last spring, and by a united +South and divided North hold it. That scheme was defeated in the defeat +of the disunion candidate in several of the Southern States. + +But this is no time for a detail of causes. The conspiracy is now known. +Armies have been raised, war is levied to accomplish it. There are only +two sides to the question. Every man must be for the United States or +against it. There can be no neutrals in this war; _only patriots--or +traitors_. + +Thank God, Illinois is not divided on this question. (Cheers.) I know +they expected to present a united South against a divided North. They +hoped in the Northern States, party questions would bring civil war +between Democrats and Republicans, when the South would step in with her +cohorts, aid one party to conquer the other, and then make easy prey of +the victors. Their scheme was carnage and civil war in the North. + +There is but one way to defeat this. In Illinois it is being so defeated +by closing up the ranks. War will thus be prevented on our own soil. +While there was a hope of peace, I was ready for any reasonable +sacrifice or compromise to maintain it. But when the question comes of +war in the cotton-fields of the South, or the corn-fields of Illinois, I +say the farther off the better. + +We can not close our eyes to the sad and solemn fact that war does +exist. The Government must be maintained, its enemies overthrown, and +the more stupendous our preparations the less the bloodshed, and the +shorter the struggle. But we must remember certain restraints on our +action even in time of war. We are a Christian people, and the war must +be prosecuted in a manner recognized by Christian nations. + +We must not invade Constitutional rights. The innocent must not suffer, +nor women and children be the victims. Savages must not be let loose. +But while I sanction no war on the rights of others, I will implore my +countrymen not to lay down their arms until our own rights are +recognized. (Cheers.) + +The Constitution and its guarantees are our birthright, and I am ready +to enforce that inalienable right to the last extent. We can not +recognize secession. Recognize it once, and you have not only dissolved +government, but you have destroyed social order--upturned the +foundations of society. You have inaugurated anarchy in its worst form, +and will shortly experience all the horrors of the French Revolution. + +Then we have a solemn duty--to maintain the Government. The greater our +unanimity, the speedier the day of peace. We have prejudices to overcome +from the few short months since of a fierce party contest. Yet these +must be allayed. Let us lay aside all criminations and recriminations as +to the origin of these difficulties. When we shall have again a country +with the United States flag floating over it, and respected on every +inch of American soil, it will then be time enough to ask who and what +brought all this upon us. + +I have said more than I intended to say. (Cries of "Go on.") It is a sad +task to discuss questions so fearful as civil war; but sad as it is, +bloody and disastrous as I expect it will be, I express it as my +conviction before God, that it is the duty of every American citizen to +rally round the flag of his country. + +I thank you again for this magnificent demonstration. By it you show you +have laid aside party strife. Illinois has a proud position--United, +firm, determined never to permit the Government to be destroyed. +(Prolonged cheering.) + + + + +PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS. + +APRIL 15th, 1861. + + +_Whereas_, the laws of the United States have been for some time past, +and now are, 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; now, therefore, I, Abraham Lincoln, President of +the United States, in virtue of the power in me vested by the +Constitution and the laws, have thought fit to call forth the Militia of +the several States of the Union to the aggregate number of 75,000, in +order to suppress said combinations, and to cause the laws to be duly +executed. + +The details for this object will be immediately communicated to the +State authorities through the War Department. I appeal to all loyal +citizens to favor, facilitate, and aid, this effort to maintain the +honor, the integrity, and existence, of our national Union, and the +perpetuity of popular government, and to redress wrongs already long +enough endured. I deem it proper to say that the first service assigned +to the forces hereby called forth will probably be to repossess the +forts, places, and property which have been seized from the Union; and +in every event the utmost care will be observed, consistently with the +objects aforesaid, to avoid any devastation, any destruction of, or +interference with property, or any disturbance of peaceful citizens of +any part of the country; and I hereby command the persons composing the +combinations aforesaid, to disperse and retire peaceably to their +respective abodes, within twenty days from this date. + +Deeming that the present condition of public affairs presents an +extraordinary occasion, I do hereby, in virtue of the power in me vested +by the Constitution, convene both houses of Congress. The Senators and +Representatives are, therefore, summoned to assemble at their respective +chambers at twelve o'clock, noon, on Thursday, the fourth day of July +next, then and there to consider and determine such measures as, in +their wisdom, the public safety and interest may seem to demand. + +In witness whereof, I have hereunto set my hand, and caused the seal of +the United States to be affixed. + +Done at the City of Washington, this fifteenth day of April, in the year +of our Lord, one thousand eight hundred and sixty-one, and of the +independence of the United States the eighty-fifth. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, _Secretary of State_. + + +TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING THE REBELLION. + +The various calls of the President for men were as follows: + +1861,--3 months' men, 75,000 +1861,--3 years' men, 500,000 +1862,--3 years' men, 300,000 +1862,--9 months' men, 300,000 +1864,--3 years' men, February, 500,000 +1864,--3 years' men, March, 200,000 +1864,--3 years' men, July, 500,000 +1864,--3 years' men, December, 300,000 + + Total, 2,675,000 + +These do not include the militia that were brought into service during +the various invasions of Lee's armies into Maryland and Pennsylvania. + + + + +RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE. + +SUSTAINING THE FEDERAL GOVERNMENT AND URGING A STRICT BLOCKADE OF +SOUTHERN PORTS, APRIL 19TH, 1861. + + +_Whereas_, Our country has, in the course of events, reached a crisis +unprecedented in its past history, exposing it to extreme dangers, and +involving the most momentous results; and _Whereas_, The President of +the United States has, by his Proclamation, made known the dangers which +threaten the stability of Government, and called upon the people to +rally in support of the Constitution and laws; and _Whereas_, The +merchants of New York, represented in this Chamber, have a deep stake in +the results which may flow from the present exposed state of national +affairs, as well as a jealous regard for the honor of that flag under +whose protection they have extended the commerce of this city to the +remotest part of the world; therefore, + +_Resolved_, That this Chamber, alive to the perils which have been +gathering around our cherished form of Government and menacing its +overthrow, has witnessed with lively satisfaction the determination of +the President to maintain the Constitution and vindicate the supremacy +of Government and law at every hazard. (Cheers.) + +_Resolved_, That the so-called secession of some of the Southern States +having at last culminated in open war against the United States, the +American people can no longer defer their decision between anarchy or +despotism on the one side, and on the other liberty, order, and law +under the most benign Government the world has ever known. + +_Resolved_, That this Chamber, forgetful of past differences of +political opinion among its members, will, with unanimity and patriotic +ardor, support the Government in this great crisis: and it hereby +pledges its best efforts to sustain its credit and facilitate its +financial operations. It also confidently appeals to all men of wealth +to join in these efforts. (Applause.) + +_Resolved_, That while deploring the advent of civil war which has been +precipitated on the country by the madness of the South, the Chamber is +persuaded that policy and humanity alike demand that it should be met by +the most prompt and energetic measures; and it accordingly recommends +to Government the instant adoption and prosecution of a policy so +vigorous and resistless, that it will crush out treason now and forever. +(Applause.) + +_Resolved_, That the proposition of Mr. Jefferson Davis to issue letters +of marque to whosoever may apply for them, emanating from no recognized +Government, is not only without the sanction of public law, but +piratical in its tendencies, and therefore deserving the stern +condemnation of the civilized world. It cannot result in the fitting out +of regular privateers, but may, in infesting the ocean with piratical +cruisers, armed with traitorous commissions, to despoil our commerce and +that of all other maritime nations. (Applause.) + +_Resolved_, That in view of this threatening evil, it is, in the opinion +of this Chamber, the duty of our Government to issue at once a +proclamation, warning all persons, that privateering under the +commissions proposed will be dealt with as simple piracy. It owes this +duty not merely to itself, but to other maritime nations, who have a +right to demand that the United States Government shall promptly +discountenance every attempt within its borders to legalize piracy. It +should, also, at the earliest moment, blockade every Southern port, so +as to prevent the egress and ingress of such vessels. (Immense +applause.) + +_Resolved_, That the Secretary be directed to send copies of these +resolutions to the Chambers of Commerce of other cities, inviting their +co-operation in such measures as may be deemed effective in +strengthening the hands of Government in this emergency. + +_Resolved_, That a copy of these resolutions, duly attested by the +officers of the Chamber, be forwarded to the President of the United +States. + + +BLOCKADE RESOLUTIONS. + +_Whereas_, War against the Constitution and Government of these United +States has been commenced, and is carried on by certain combinations of +individuals, assuming to act for States at the South claiming to have +seceded from the United States; and + +_Whereas_, Such combinations have officially promulgated an invitation +for the enrollment of vessels, to act under their authorization, and as +so-called "privateers," against the flag and commerce of the United +States; therefore, + +_Resolved_, by the Chamber of Commerce of the State of New York, That +the United States Government be recommended and urged to blockade the +ports of such States, or any other State that shall join them, and that +this measure is demanded for defence in war, as also for protection to +the commerce of the United States against these so-called "privateers" +invited to enrol under the authority of such States. + +_Resolved_, That the Chamber of Commerce of the State of New York +pledges its hearty and cordial support to such measures as the +Government of the United States may, in its wisdom, inaugurate and carry +through in the blockade of such ports. + + + + +A PROCLAMATION, + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, BLOCKADING THE +SOUTHERN PORTS. + + +_Whereas_ an insurrection against the Government of the United States +has broken out in the States of South Carolina, Georgia, Alabama, +Florida, Mississippi, Louisiana, and Texas, and the laws of the United +States for the collection of the revenue can not be efficiently executed +therein conformably to that provision of the Constitution which requires +duties to be uniform throughout the United States: + +And _Whereas_ a combination of persons, engaged in such insurrection, +have threatened to grant pretended letters of marque to authorize the +bearers thereof to commit assaults on the lives, vessels, and property +of good citizens of the country lawfully engaged in commerce on the high +seas, and in waters of the United States: + +And _Whereas_ an Executive Proclamation has been already issued, +requiring the persons engaged in these disorderly proceedings to desist +therefrom, calling out a militia force for the purpose of repressing the +same, and convening Congress in extraordinary session to deliberate and +determine thereon: + +Now, therefore, I, Abraham Lincoln, President of the United States, with +a view to the same purposes before mentioned, and to the protection of +the public peace, and the lives and property of quiet and orderly +citizens pursuing their lawful occupations, until Congress shall have +assembled and deliberated on the said unlawful proceedings, or until the +same shall have ceased, have further deemed advisable to set on foot a +Blockade of the ports within the States aforesaid, in pursuance of the +laws of the United States and of the laws of nations in such cases +provided. For this purpose a competent force will be posted so as to +prevent entrance and exit of vessels from the ports aforesaid. If, +therefore, with a view to violate such Blockade, a vessel shall +approach, or shall attempt to leave any of the said ports, she will be +duly warned by the Commander of one of the blockading vessels, who will +endorse on her register the fact and date of such warning; and if the +same vessel shall again attempt to enter or leave the blockaded port, +she will be captured and sent to the nearest convenient port, for such +proceedings against her and her cargo as prize as may be deemed +advisable. + +And I hereby proclaim and declare, that if any person, under the +pretended authority of said States, or under any other pretence, shall +molest a vessel of the United States, or the persons or cargo on board +of her, such person will be held amenable to the laws of the United +States for the prevention and punishment of piracy. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, _Secretary of State_. + +WASHINGTON, April 19, 1861. + + + + +THE EMANCIPATION PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + + +Whereas, on the twenty-second day of September, in the year of our Lord +one thousand eight hundred and sixty-two, a Proclamation was issued by +the President of the United States, containing among other things the +following, to wit: + +"That on the first day of January, in the year of our Lord one thousand +eight hundred and sixty-three, all persons held as slaves within any +State, or designated part of a State, the people whereof shall then be +in rebellion against the United States, shall be then, thenceforth and +FOREVER FREE, and the Executive Government of the United States, +including the military and naval authorities thereof, will recognize and +maintain the freedom of such persons, and will do no act or acts to +repress such persons, or any of them, in any efforts they may make for +their actual freedom. + +"That the Executive will, on the first day of January aforesaid, by +proclamation, designate the States and parts of States, if any, in which +the people thereof respectively shall then be in rebellion against the +United States, and the fact that any State, or the people thereof, shall +on that day be in good faith represented in the Congress of the United +States by members chosen thereto at elections wherein a majority of the +qualified voters of such State shall have participated, shall, in the +absence of strong countervailing testimony, be deemed conclusive +evidence that such State and the people thereof are not then in +rebellion against the United States." + +Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by +virtue of the power in me vested as Commander-in-Chief of the Army and +Navy of the United States in time of actual armed rebellion against the +authority and government of the United States, and as a fit and +necessary war measure for suppressing said rebellion, do, on this first +day of January, in the year of our Lord one thousand eight hundred and +sixty-three, and in accordance with my purpose so to do, publicly +proclaim for the full period of one hundred days from the day of the +first above mentioned order, and designate, as the States and parts of +States wherein the people thereof respectively are this day in rebellion +against the United States, the following, to wit: ARKANSAS, TEXAS, +LOUISIANA, (except the Parishes of St. Bernard, Plaquemines, Jefferson, +St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, +Lafourche, St. Mary, St. Martin, and Orleans, including the City of +Orleans), MISSISSIPPI, ALABAMA, FLORIDA, GEORGIA, SOUTH CAROLINA, NORTH +CAROLINA, and VIRGINIA (except the forty-eight counties designated as +West Virginia, and also the counties of Berkley, Accomac, Northampton, +Elizabeth City, York, Princess Ann, and Norfolk, including the cities of +Norfolk and Portsmouth), and which excepted parts are, for the present, +left precisely as if this Proclamation were not issued. + +And by virtue of the power and for the purpose aforesaid, I do order and +declare that ALL PERSONS HELD AS SLAVES within said designated States +and parts of States ARE, AND HENCEFORWARD SHALL BE FREE! and that the +Executive Government of the United States, including the military and +naval authorities thereof, will recognize and maintain the freedom of +said persons. + +And I hereby enjoin upon the people so declared to be free, to abstain +from all violence, unless in necessary self-defence, and I recommend to +them that in all cases, when allowed, they labor faithfully for +reasonable wages. + +And I further declar and make known that such persons of suitable +condition will be received into the armed service of the United States +to garrison forts, positions, stations and other places, and to man +vessels of all sorts in said service. + +And upon this act, sincerely believed to be an act of justice, warranted +by the Consitution, upon military necessity, I invoke the considerate +judgment of mankind and the gracious favor of Almighty God. + +In testimony whereof I have hereunto set my name, and caused the seal of +the United States to be affixed. + +Done at the City of Washington, this first day +of January, in the year of our Lord one +[L.S.] thousand eight hundred and sixty-three, +and of the Independence of the United +States the eighty-seventh. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, +_Secretary of State._ + + +THE CONFISCATION ACT. + +TO CONFISCATE PROPERTY USED FOR INSURRECTIONARY PURPOSES. + + +_Be it enacted, etc._, That if, during the present or any future +insurrection against the Government of the United States, after the +President of the United States shall have declared, by proclamation, +that the laws of the United States are opposed, and the execution +thereof obstructed, by combinations too powerful to be suppressed by the +ordinary course of judicial proceedings, or by the power vested in the +marshals by law, any person or persons, his, her, or their agent, +attorney, or employee, shall purchase or acquire, sell or give any +property of whatsoever kind or description, with intent to use or employ +the same, or suffer the same to be used or employed, in aiding, +abetting, or promoting such insurrection or resistance to the laws, or +any person or persons engaged therein; or if any person or persons, +being the owner or owners of any such property, shall knowingly use or +employ, or consent to the use or employment of the same as aforesaid, +all such property is hereby declared to be lawful subject of prize and +capture wherever found; and it shall be the duty of the President of the +United States to cause the same to be seized, confiscated, and +condemned. + +SEC. 2. Such prizes and capture shall be condemned in the district or +circuit court of the United States, having jurisdiction of the amount, +or in admiralty in any district in which the same may be seized, or into +which they may be taken and proceedings first instituted. + +SEC. 3. The Attorney-General, or any district attorney of the United +States in which said property may at the time be, may institute the +proceedings of condemnation, and in such case they shall be wholly for +the benefit of the United States; or any person may file an information +with such attorney, in which case the proceedings shall be for the use +of such informer and the United States in equal parts. + +SEC. 4. Whenever hereafter, during the present insurrection against the +Government of the United States, any person claimed to be held to labor +or service under the law of any State, shall be required or permitted by +the person to whom such labor or service is claimed to be due, or by the +lawful agent of such persons, to take up arms against the United +States, or shall be required or permitted by the person to whom such +labor or service is claimed to be due, or his lawful agent, to work or +to be employed in or upon any fort, navy yard, dock, armory, ship, +intrenchment, or in any military or naval service whatsoever, against +the Government and lawful authority of the United States, then, and in +every such case, the person to whom such labor or service is claimed to +be due, shall forfeit his claim to such labor, any law of the State or +of the United States to the contrary notwithstanding. And whenever +thereafter the person claiming such labor or service shall seek to +enforce his claim, it shall be a full and sufficient answer to such +claim that the person whose service or labor is claimed had been +employed in the hostile service against the Government of the United +States, contrary to the provisions of this act. + + + + +FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN + +MARCH 4TH, 1861. + + +_Fellow-Citizens of the United States_: + +In compliance with a custom as old as the Government itself, I appear +before you to address you briefly, and to take, in your presence, the +oath prescribed by the Constitution of the United States to be taken by +the President, before he enters on the execution of his office. + +I do not consider it necessary, at present, for me to discuss those +matters of administration about which there is no special anxiety or +excitement. Apprehension seems to exist among the people of the Southern +States, that, by the accession of a Republican Administration, their +property and their peace and personal security are to be endangered. +There has never been any reasonable cause for such apprehension. Indeed, +the most ample evidence to the contrary has all the while existed, and +been open to their inspection. It is found in nearly all the published +speeches of him who now addresses you. I do but quote from one of those +speeches, when I declare that "I have no purpose, directly or +indirectly, to interfere with the institution of slavery in the States +where it exists." I believe I have no lawful right to do so; and I have +no inclination to do so. Those who nominated and elected me, did so with +the full knowledge that I had made this, and made many similar +declarations, and had never recanted them. And, more than this, they +placed in the platform, for my acceptance, and as a law to themselves +and to me, the clear and emphatic resolution which I now read: + +"_Resolved_, That the maintenance inviolate of the rights of the States, +and especially the right of each State to order and control its own +domestic institutions according to its own judgment exclusively, is +essential to that balance of power on which the perfection and endurance +of our political fabric depend; and we denounce the lawless invasion by +armed force of the soil of any State or Territory, no matter under what +pretext, as among the gravest of crimes." + +I now reiterate these sentiments; and in doing so I only press upon the +public attention the most conclusive evidence of which the case is +susceptible, that the property, peace, and security of no section are to +be in anywise endangered by the now incoming Administration. + +I add, too, that all the protection which, consistently with the +Constitution and the laws, can be given will be cheerfully given to all +the States when lawfully demanded, for whatever cause, as cheerfully to +one section as to another. + +There is much controversy about the delivering up of fugitives from +service or labor. The clause I now read is as plainly written in the +Constitution as any other of its provisions: + +"No person held to service or labor in one State under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due." + +It is scarcely questioned that this provision was intended by those who +made it for the reclaiming of what we call fugitive slaves; and the +intention of the lawgiver is the law. + +All members of Congress swear their support to the whole +Constitution--to this provision as well as any other. To the +proposition, then, that slaves whose cases come within the terms of this +clause "shall be delivered up," their oaths are unanimous. Now, if they +would make the effort in good temper, could they not, with nearly equal +unanimity, frame and pass a law by means of which to keep good that +unanimous oath? + +There is some difference of opinion whether this clause should be +enforced by National or by State authority; but surely that difference +is not a very material one. If the slave is to be surrendered, it can be +of but little consequence to him or to others by which authority it is +done; and should any one, in any case, be content that this oath shall +go unkept on a merely unsubstantial controversy as to how it shall be +kept? + +Again, in any law upon this subject, ought not all the safeguards of +liberty known in the civilized and humane jurisprudence to be +introduced, so that a free man be not, in any case, surrendered as a +slave? And might it not be well at the same time to provide by law for +the enforcement of that clause in the Constitution which guaranties that +"the citizens of each State shall be entitled to all the privileges and +immunities of citizens of the several States?" + +I take the official oath to-day with no mental reservations, and with +no purpose to construe the Constitution or laws by any hypercritical +rules; and while I do not choose now to specify particular acts of +Congress as proper to be enforced, I do suggest that it will be much +safer for all, both in official and private stations, to conform to and +abide by all those acts which stand unrepealed, than to violate any of +them, trusting to find impunity in having them held to be +unconstitutional. + +It is seventy-two years since the first inauguration of a President +under our national Constitution. During that period fifteen different +and very distinguished citizens have in succession administered the +executive branch of the government. They have conducted it through many +perils, and generally with great success. Yet, with all this scope for +precedent, I now enter upon the same task, for the brief constitutional +term of four years, under great and peculiar difficulties. + +A disruption of the Federal Union, heretofore only menaced, is now +formidably attempted. I hold that in the contemplation of universal law +and of the Constitution, the Union of these States is perpetual. +Perpetuity is implied, if not expressed, in the fundamental law of all +national governments. It is safe to assert that no government proper +ever had a provision in its organic law for its own termination. +Continue to execute all the express provisions of our national +Constitution, and the Union will endure forever, it being impossible to +destroy it, except by some action not provided for in the instrument +itself. + +Again, if the United States be not a government proper, but an +association of States in the nature of a contract merely, can it, as a +contract, be peaceably unmade by less than all the parties who made it? +One party to a contract may violate it--break it, so to speak; but does +it not require all to lawfully rescind it? Descending from these general +principles we find the proposition that in legal contemplation the Union +is perpetual, confirmed by the history of the Union itself. + +The Union is much older than the Constitution. It was formed, in fact, +by the Articles of Association in 1774. It was matured and continued in +the Declaration of Independence in 1776. It was further matured, and the +faith of all the then thirteen States expressly plighted and engaged +that it should be perpetual, by the Articles of Confederation, in 1778; +and, finally, in 1787, one of the declared objects for ordaining and +establishing the Constitution was to form a more perfect Union. But if +the destruction of the Union by one or by a part only of the States be +lawfully possible, the Union is less than before, the Constitution +having lost the vital element of perpetuity. + +It follows from these views that no State, upon its own mere motion, can +lawfully get out of the Union; that resolves and ordinances to that +effect, are legally void; and that acts of violence within any State or +States against the authority of the United States, are insurrectionary +or revolutionary, according to circumstances. + +I therefore consider that, in view of the Constitution and the laws, the +Union is unbroken, and, to the extent of my ability, I shall take care, +as the Constitution itself expressly enjoins upon me, that the laws of +the Union shall be faithfully executed in all the States. Doing this, +which I deem to be only a simple duty on my part, I shall perfectly +perform it, so far as is practicable, unless my rightful masters, the +American people, shall withhold the requisition, or in some +authoritative manner direct the contrary. + +I trust this will not be regarded as a menace, but only as the declared +purpose of the Union that it will constitutionally defend and maintain +itself. + +In doing this there need be no bloodshed or violence, and there shall be +none unless it is forced upon the national authority. + +The power confided to me _will be used to hold, occupy, and possess the +property and places belonging to the Government_, and collect the +duties and imposts; but beyond what may be necessary for these objects +there will be no invasion, no using of force against or among the people +anywhere. + +Where hostility to the United States shall be so great and so universal +as to prevent competent resident citizens from holding the Federal +offices, there will be no attempt to force obnoxious strangers among the +people that object. While the strict legal right may exist of the +Government to enforce the exercise of these offices, the attempt to do +so would be so irritating, and so nearly impracticable withal, that I +deem it better to forego for the time the uses of such offices. + +The mails, unless repelled, will continue to be furnished in all parts +of the Union. + +So far as possible, the people everywhere shall have that sense of +perfect security which is most favorable to calm thought and reflection. + +The course here indicated will be followed, unless current events and +experience shall show a modification or change to be proper; and in +every case and exigency my best discretion will be exercised according +to the circumstances actually existing, and with a view and hope of a +peaceful solution of the national troubles, and the restoration of +fraternal sympathies and affections. + +That there are persons, in one section or another, who seek to destroy +the Union at all events, and are glad of any pretext to do it, I will +neither affirm nor deny. But if there be such, I need address no word to +them. + +To those, however, who really love the Union, may I not speak, before +entering upon so grave a matter as the destruction of our national +fabric, with all its benefits, its memories, and its hopes? Would it not +be well to ascertain why we do it? Will you hazard so desperate a step, +while any portion of the ills you fly from, have no real existence? Will +you, while the certain ills you fly to, are greater than all the real +ones you fly from? Will you risk the commission of so fearful a mistake? +All profess to be content in the Union if all constitutional rights can +be maintained. Is it true, then, that any right, plainly written in the +Constitution has been denied? I think not. Happily the human mind is so +constituted, that no party can reach to the audacity of doing this. + +Think, if you can, of a single instance in which a plainly-written +provision of the Constitution has ever been denied. If, by the mere +force of numbers, a majority should deprive a minority of any +clearly-written constitutional right, it might, in a moral point of +view, justify revolution; it certainly would, if such right were a +vital one. But such is not our case. + +All the vital rights of minorities and of individuals are so plainly +assured to them by affirmations and negations, guaranties and +prohibitions in the Constitution, that controversies never arise +concerning them. But no organic law can ever be framed with a provision +specifically applicable to every question which may occur in practical +administration. No foresight can anticipate, nor any document of +reasonable length contain, express provisions for all possible +questions. Shall fugitives from labor be surrendered by national or by +State authorities? The Constitution does not expressly say. Must +Congress protect slavery in the Territories? The Constitution does not +expressly say. From questions of this class, spring all our +constitutional controversies, and we divide upon them into majorities +and minorities. + +If the minority will not acquiesce, the majority must, or the government +must cease. There is no alternative for continuing the government but +acquiescence on the one side or the other. If a minority in such a case, +will secede rather than acquiesce, they make a precedent which in turn +will ruin and divide them, for a minority of their own will secede from +them whenever a majority refuses to be controlled by such a minority. +For instance, why not any portion of a new confederacy, a year or two +hence, arbitrarily secede again, precisely as portions of the present +Union now claim to secede from it? All who cherish disunion sentiments +are now being educated to the exact temper of doing this. Is there such +perfect identity of interests among the States to compose a new Union as +to produce harmony only, and prevent renewed secession? Plainly, the +central idea of secession is the essence of anarchy. + +A majority held in restraint by constitutional check and limitation, and +always changing easily with deliberate changes of popular opinions and +sentiments, is the only true sovereign of a free people. Whoever rejects +it, does, of necessity, fly to anarchy or to despotism. Unanimity is +impossible; and the rule of a majority, as a permanent arrangement, is +wholly inadmissible. So that, rejecting the majority principle, anarchy +or despotism in some form is all that is left. + +I do not forget the position assumed by some that constitutional +questions are to be decided by the Supreme Court, nor do I deny that +such decisions must be binding in any case upon the parties to a suit, +as to the object of that suit, while they are also entitled to very high +respect and consideration in all parallel cases by all other departments +of the government; and while it is obviously possible that such +decision may be erroneous in any given case, still the evil effect +following it, being limited to that particular case, with the chance +that it may be overruled and never become a precedent for other cases, +can better be borne than could the evils of a different practice. + +At the same time the candid citizen must confess that if the policy of +the government upon the vital questions affecting the whole people is to +be irrevocably fixed by the decisions of the Supreme Court, the instant +they are made, as in ordinary litigation between parties in personal +actions, the people will have ceased to be their own masters, unless +having to that extent practically resigned their government into the +hands of that eminent tribunal. + +Nor is there in this view any assault upon the court or the judges. It +is a duty from which they may not shrink, to decide cases properly +brought before them; and it is no fault of theirs if others seek to turn +their decisions into political purposes. One section of our country +believes slavery is right and ought to be extended, while the other +believes it is wrong and ought not to be extended; and this is the only +substantial dispute; and the fugitive slave clause of the Constitution, +and the law for the suppression of the foreign slave trade, are each as +well enforced, perhaps, as any law can ever be in a community where the +moral sense of the people imperfectly supports the law itself. The great +body of the people abide by the dry legal obligation in both cases, and +a few break over in each. This, I think, cannot be perfectly cured, and +it would be worse in both cases after the separation of the sections +than before. The foreign slave trade, now imperfectly suppressed, would +be ultimately revived, without restriction, in one section; while +fugitive slaves, now only partially surrendered, would not be +surrendered at all by the other. + +Physically speaking we cannot separate--we cannot remove our respective +sections from each other, nor build an impassable wall between them. A +husband and wife may be divorced, and go out of the presence and beyond +the reach of each other, but the different sections of our country +cannot do this. They cannot but remain face to face; and intercourse, +either amicable or hostile, must continue between them. Is it possible, +then, to make that intercourse more advantageous or more satisfactory +after separation than before? Can aliens make treaties easier than +friends can make laws? Can treaties be more faithfully enforced between +aliens than laws can among friends? Suppose you go to war, you cannot +fight always; and when, after much loss on both sides and no gain on +either, you cease fighting, the identical questions as to terms of +intercourse are again upon you. + +This country, with its institutions, belongs to the people who inhabit +it. Whenever they shall grow weary of the existing government, they can +exercise their constitutional right of amending, or their revolutionary +right to dismember or overthrow it. I cannot be ignorant of the fact +that many worthy and patriotic citizens are desirous of having the +national Constitution amended. While I make no recommendation of +amendment, I fully recognize the full authority of the people over the +whole subject, to be exercised in either of the modes prescribed in the +instrument itself, and I should, under existing circumstances, favor, +rather than oppose, a fair opportunity being afforded the people to act +upon it. + +I will venture to add, that to me the convention mode seems preferable, +in that it allows amendments to originate with the people themselves, +instead of only permitting them to take or reject propositions +originated by others not especially chosen for the purpose, and which +might not be precisely such as they would wish either to accept or +refuse. I understand that a proposed amendment to the Constitution +(which amendment, however, I have not seen) has passed Congress, to the +effect that the Federal Government shall never interfere with the +domestic institutions of States, including that of persons held to +service. To avoid misconstruction of what I have said, I depart from my +purpose not to speak of particular amendments, so far as to say that, +holding such a provision to now be implied constitutional law, I have no +objection to its being made express and irrevocable. + +The chief magistrate derives all his authority from the people, and they +have conferred none upon him to fix the terms for the separation of the +States. The people themselves, also, can do this if they choose, but the +Executive, as such, has nothing to do with it. His duty is to administer +the present government as it came to his hands, and to transmit it +unimpaired by him to his successor. Why should there not be a patient +confidence in the ultimate justice of the people? Is there any better or +equal hope in the world? In our present differences is either party +without faith of being in the right? If the Almighty Ruler of nations, +with his eternal truth and justice, be on your side of the North, or on +yours of the South, that truth and that justice will surely prevail by +the judgment of this great tribunal, the American people. By the frame +of the Government under which we live, this same people have wisely +given their public servants but little power for mischief, and have with +equal wisdom provided for the return of that little to their own hands +at very short intervals. While the people retain their virtue and +vigilance, no administration, by any extreme wickedness or folly, can +very seriously injure the Government in the short space of four years. + +My countrymen, one and all, think calmly and well upon this whole +subject. Nothing valuable can be lost by taking time. + +If there be an object to hurry any of you, in hot haste, to a step which +you would never take deliberately, that object will be frustrated by +taking time; but no good object can be frustrated by it. + +Such of you as are now dissatisfied still have the old Constitution +unimpaired, and on the sensitive point, the laws of your own framing +under it; while the new administration will have no immediate power, if +it would, to change either. + +If it were admitted that you who are dissatisfied hold the right side in +the dispute, there is still no single reason for precipitate action. +Intelligence, patriotism, Christianity, and a firm reliance on Him who +has never yet forsaken this favored land, are still competent to adjust, +in the best way, all our present difficulties. + +In your hands, my dissatisfied fellow-countrymen, and not in mine, is +the momentous issue of civil war. The government will not assail you. + +You can have no conflict without being yourselves the aggressors. You +have no oath registered in Heaven to destroy the government; while I +shall have the most solemn one to "preserve, protect, and defend it." + +I am loath to close. We are not enemies, but friends. We must not be +enemies. Though passion may have strained, it must not break our bonds +of affection. + +The mystic cords of memory, stretching from every battle-field and +patriot grave to every living heart and hearthstone all over this broad +land, will yet swell the chorus of the Union, when again touched, as +surely they will be, by the better angels of our nature. + + + + +THE BALANCE SHEET OF THE GOVERNMENT, + +BEFORE AND SINCE THE WAR, 1859 AND 1865. + + +The receipts into the Treasury during the fiscal year ending +June 30, 1859, were as follows: + +From Customs $49,565,824 38 +From Public Lands 1,756,687 30 +From Miscellaneous Sources 2,082,559 33 +From Treasury Notes 9,667,400 00 +From Loans 18,620,000 00 +Aggregate resources for the year ending +June 30, 1859 $88,090,787 11 + +Which amount was expended as follows: + +Civil, Foreign and Miscellan's $23,635,820 94 +Interior (Indians and Pensions), 4,753,972 60 +War Department 23,243,822 38 +Navy Department 14,712,610 21 +Public Debt 17,405,285 44 + +Total expenses for the year $83,751,511 57 +Balance in Treasury July 1, 1859 4,339,275 54 + +The receipts into the Treasury during the fiscal year +ending June 30, 1865, was $1,898,532,533 24, of which were +received: + +From loans applied to expenses $864,863,499 17 +From loans applied to Public Debt 607,361,241 68 +From Internal Revenue 209,464,215 25 + +Expenditures for the year $1,897,674,224 09 +War Department charged with 1,031,323,360 79 +Balance in Treasury July 1, 1865 858,309 15 +Total increase of Public Debt during the +year 941,902,537 04 + + + + +PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL ADDRESS. + +MARCH 4, 1865. + +FELLOW-COUNTRYMEN: At this second appearing to take the oath of the +Presidential office, there is less occasion for an extended address than +there was at the first. Then a statement, somewhat in detail, of a +course to be pursued seemed very fitting and proper. Now, at the +expiration of four years, during which public declarations have been +constantly called forth on every point and phase of the great contest +which still absorbs the attention and engrosses the energies of the +nation, little that is new could be presented. + +The progress of our arms, upon which all else chiefly depends, is as +well known to the public as to myself, and it is, I trust reasonably +satisfactory and encouraging to all. With high hope for the future, no +prediction in regard to it is ventured. + +On the occasion corresponding to this four years ago, all thoughts were +anxiously directed to an impending civil war. All dreaded it; all sought +to avoid it. While the inaugural address was being delivered from this +place, devoted altogether to saving the Union without war, insurgent +agents were in the city seeking to destroy it without war--seeking to +dissolve the Union and divide the effects by negotiation. Both parties +deprecated war, but one of them would make war rather than let the +nation survive; and the other would rather accept war than let it +perish, and the war came. + +One-eighth of the whole population were colored slaves, not distributed +generally over the Union, but localized in the Southern part of it. +These slaves constituted a peculiar and powerful interest. All knew that +this interest was somehow the cause of the war. To strengthen, +perpetuate, and extend this interest, was the object for which the +insurgents would rend the Union even by war, while the Government +claimed no right to do more than to restrict the territorial enlargement +of it. + +Neither party expected for the war the magnitude or the duration which +it has already attained. Neither anticipated that the cause of the +conflict might cease with, or even before the conflict itself should +cease. Each looked for an easier triumph, and a result less fundamental +and astounding. + +Both read the same Bible, and pray to the same God; and each invoke his +aid against the other. It may seem strange that any men should dare to +ask a just God's assistance in wringing their bread from the sweat of +other men's faces; but let us judge not, that we be not judged. The +prayers of both could not be answered. That of neither has been answered +fully. The Almighty has his own purposes. "Woe unto the world because of +offences, for it must needs be that offences come; but woe to that man +by whom the offence cometh." If we shall suppose that American slavery +is one of these offences, which, in the providence of God, must needs +come, but which, having continued through his appointed time, he now +wills to remove, and that he gives to both North and South this terrible +war as the woe due to those by whom the offence came, shall we discern +therein any departure from those divine attributes which the believers +in a living God always ascribe to him? Fondly do we hope, fervently do +we pray, that this mighty scourge of war may soon pass away. Yet, if God +wills that it continue until all the wealth piled by the bondman's two +hundred and fifty years of unrequited toil shall be sunk, and until +every drop of blood drawn with the lash, shall be paid with another +drawn by the sword; as was said three thousand years ago, so still it +must be said, "The judgments of the Lord are true and righteous +altogether." + +With malice toward none, with charity to all, with firmness in the +right, as God gives us to see the right, let us strive on to finish the +work we are in; to bind up the nation's wounds; to care for him who +shall have borne the battle, and for his widow and his orphans; to do +all which may achieve and cherish a just and a lasting peace among +ourselves and with all nations. + + + + +PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY. + +ACCOMPANYING THE PRESIDENT'S MESSAGE, DECEMBER 8, 1863. + + +WHEREAS, in and by the Constitution of the United States, it is provided +that the President "shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment;" and +whereas a rebellion now exists whereby the loyal State governments of +several States have for a long time been subverted, and many persons +have committed and are now guilty of treason against the United States; +and whereas, with reference to said rebellion and treason, laws have +been enacted by Congress declaring forfeitures and confiscation of +property and liberation of slaves, all upon terms and conditions therein +stated; and also declaring that the President was thereby authorized at +any time thereafter, by proclamation, to extend to persons who may have +participated in the existing rebellion, in any State or part thereof, +pardon and amnesty, with such exceptions and at such times and on such +conditions as he may deem expedient for the public welfare; and whereas +the congressional declaration for limited and conditional pardon accords +with well established judicial exposition of the pardoning power; and +whereas, with reference to said rebellion, the President of the United +States has issued several proclamations with provisions in regard to the +liberation of slaves; and whereas it is now desired by some persons +heretofore engaged in said rebellion to resume their allegiance to the +United States, and to reinaugurate loyal State governments within and +for their respective States: Therefore, + +"I, ABRAHAM LINCOLN, President of the United States, do proclaim, +declare, and make known to all persons who have, directly or by +implication, participated in the existing rebellion, except as +hereinafter excepted, that a full pardon is hereby granted to them and +each of them, with restoration of all rights of property, except as to +slaves, and in property cases where rights of third parties shall have +intervened, and upon the condition that every such person shall take and +subscribe an oath, and thenceforward keep and maintain such oath +inviolate; and which oath shall be registered for permanent +preservation, and shall be of the tenor and effect following, to wit: + +"I, --------, do solemnly swear, 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 acts of +Congress passed during the existing rebellion with reference to slaves, +so long and so far as not repealed, modified, or held void by Congress, +or by decision of the Supreme Court; and that I will, in like manner, +abide by and faithfully support all proclamations of the President made +during the existing rebellion having reference to slaves, so long and so +far as not modified or declared void by decision of the Supreme Court. +So help me God." + +The persons excepted from the benefits of the foregoing provisions are, +all who are, or shall have been, civil or diplomatic officers or agents +of the so-called confederate government; all who have left judicial +stations under the United States to aid the rebellion; all who are, or +shall have been, military or naval officers of said so-called +confederate government, above the rank of colonel in the army, or of +lieutenant in the navy; all who left seats in the United States Congress +to aid the rebellion; all who resigned commissions in the Army or Navy +of the United States, and afterwards aided the rebellion; and all who +have engaged in any way in treating colored persons, or white persons in +charge of such, otherwise than lawfully as prisoners of war, and which +persons may have been found in the United States Service as soldiers, +seamen, or in any other capacity. + +And I do further proclaim, declare and make known, that whenever, in any +of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, +Alabama, Georgia, Florida, South Carolina, and North Carolina, a number +of persons, not less than one-tenth in number of the votes cast in such +State at the presidential election of the year of our Lord 1860, each +having taken the oath aforesaid, and not having since violated it, and +being a qualified voter by the election law of the State existing +immediately before the so-called act of secession, and excluding all +others shall re-establish a State government which shall be republican, +and in nowise contravening said oath, such shall be recognized as the +true government of the State, and the State shall receive thereunder the +benefits of the constitutional provision which declares that "the United +States shall guaranty to every State in this Union a republican form of +government, and shall protect each of them against invasion; and, on +application of the Legislature, or the Executive (when the Legislature +cannot be convened), against domestic violence." + +And I do further proclaim, declare, and make known that any provision +which may be adopted by such State government in relation to the freed +people of such State, which shall recognize and declare their permanent +freedom, provide for their education, and which may yet be consistent, +as a temporary arrangement, with their present condition as a laboring, +landless, and homeless class, will not be objected to by the National +Executive. And it is suggested as not improper, that, in constructing a +loyal State government in any State, the name of the State, the +boundary, the subdivisions, the constitution, and the general code of +laws, as before the rebellion, be maintained, subject only to the +modifications made necessary by the conditions hereinbefore stated, and +such others, if any, not contravening said conditions, and which may be +deemed expedient by those framing the new State government. + +To avoid misunderstanding, it may be proper to say that this +proclamation, so far as it relates to State governments, has no +reference to States wherein loyal State governments have all the while +been maintained. And for the same reason, it may be proper to further +say that whether members sent to Congress from any State shall be +admitted to seats, constitutionally rests exclusive with the respective +Houses, and not to any extent with the Executive. And still further, +that this proclamation is intended to present the people of the States +wherein the national authority has been suspended, and loyal State +governments have been subverted, a mode in and by which the national +authority and loyal State governments may be re-established within said +States, or in any of them; and, while the mode presented is the best the +Executive can suggest, with his present impressions, it must not be +understood that no other possible mode would be acceptable. + +Given under my hand, at the City of Washington, the 8th day of December, +A.D. 1863, and of [L.S.] the independence of the United States of +America the eighty-eighth. + +ABRAHAM LINCOLN. + +By the President. +WM. H. SEWARD, _Secretary of State_. + + + + +PRESIDENT JOHNSON'S AMNESTY PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +_Whereas_, The President of the United States, on the 8th day of +December, 1863, did, with the object of suppressing the existing +rebellion, to induce all persons to lay down their arms, 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, engaged in said rebellion; and + +_Whereas_, Many persons who had so engaged in the late rebellion have, +since the issuance of said proclamation, failed or neglected to take the +benefits offered thereby; and + +_Whereas_, Many persons who have been justly deprived of all claim to +amnesty and pardon thereunder, by reason of their participation directly +or by implication in said rebellion, and continued in hostility to the +Government of the United States since the date of said proclamation, +now desire to apply for and obtain amnesty and pardon: + +To the end, therefore, that the authority of the Government of the +United States may be restored, and that peace, and 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 +hereafter excepted, amnesty and pardon, with restoration of all rights +of property, except as to slaves, 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 on the condition, nevertheless, that every such person +shall take and subscribe to the following oath, which shall be +registered, for permanent preservation, and shall be of the tenor and +effect following, to wit: + +I do solemnly swear or affirm in presence of Almighty God, that I will +henceforth support, protect, and faithfully defend the Constitution of +the United States, and will, in like manner, abide by and faithfully +support all laws and proclamations which have been made during the +existing rebellion with reference to the emancipation of slaves. So help +me God. + +The following classes of persons are excepted from the benefits of this +proclamation. + +1. All who are or have been pretended diplomatic officers, or otherwise +domestic or foreign agents of the pretended Confederate States. + +2. All who left judicial stations under the United States to aid in the +rebellion. + +3. All who have been military or naval officers of the pretended +Confederate Government above the rank of colonel in the army, and +lieutenant in the navy. + +4. All who left their seats in the Congress of the United States to aid +in the rebellion. + +5. All who resigned or tendered the resignation of their commissions in +the army and navy of the United States to evade their duty in resisting +the rebellion. + +6. 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. + +7. All persons who have been or are absentees from the United States for +the purpose of aiding the rebellion. + +8. All military or naval officers in the rebel service who were educated +by the Government in the Military Academy at West Point, or at the +United States Naval Academy. + +9. All persons who held the pretended offices of Governors of the +States in insurrection against the United States. + +10. All persons who left their homes within the jurisdiction and +protection of the United States, and passed beyond the Federal military +lines into the so-called Confederate States for the purpose of aiding +the rebellion. + +11. All persons who have 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 on the lakes and rivers that separate +the British provinces from the United States. + +12. All persons who, at a 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 bond of the military or naval +authorities or agents of the United States as prisoners of any kind, +either before or after their conviction. + +13. All persons who have voluntarily participated in said rebellion, the +estimated value of whose taxable property is over twenty thousand +dollars. + +14. All persons who have taken the oath of amnesty, as prescribed in the +President's proclamation of December 8, 1863, or the oath of allegiance +to the United States since the date of said proclamation, and who have +not thenceforward kept the same inviolate; provided, that special +application may be made to the President for pardon by any person +belonging to the excepted classes, and such clemency will be extended as +may be consistent with the facts of the case and the peace and dignity +of the United States. The Secretary of State will establish rules and +regulations for administering and recording the said amnesty oath, so as +to insure its benefits to the people, and guard the government against +fraud. + +In testimony whereof, I have hereunto set my hand, and caused the seal +of the United States to be affixed. + +Done at the City of Washington, this the 29th day of May, 1865, and of +the independence of America the 89th. + +ANDREW JOHNSON. + +By the President, +WM. H. SEWARD, _Secretary of State_. + + + + +A PEACE PROCLAMATION. + + +On the 20th of August, 1866, the President issued a proclamation +announcing the return of peace and restoring the writ of _habeas corpus_ +in all the Southern States. Among the points made in this proclamation +are the following: + +"There now exists no organized armed resistance of the 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 the 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 +jurisdiction of the United States. + +"* * * The people of the several before mentioned States have, in the +manner aforesaid, given satisfactory evidence that they acquiesce in +this sovereign and important revolution of the national unity. + +"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 freedom. + +"The Constitution of the United States provides for constitutional +communities only as States, and not as territories, dependencies, +provinces, or protectorates. + +"* * * 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, North Carolina, +Virginia, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and +Florida is at an end, and henceforth to be so regarded." + + + + +CIVIL RIGHTS BILL. + +AS ADOPTED BY CONGRESS, MARCH, 1866. + + +§ 1. That all persons 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 service, except as a punishment for crime, whereof the party +shall have been duly convicted, shall have the same right, in every +State and Territory, to make and enforce contracts, to sue, to be sued, +be parties and give evidence; to inherit, purchase, lease, sell, hold, +and convey personal property, and to full and equal benefit of all laws +and proceedings for the security of person and property as are enjoyed +by white citizens; and shall be subject to the like punishment, pains +and penalties, and to none other; any law, statute, ordinance, +regulation, or custom to the contrary notwithstanding. + +§ 2. And 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 punishment, pains, +and penalties, on account of such person having at any time been held in +a condition of slavery, or involuntary servitude, except for the +punishment of crime whereof the party shall have been duly convicted, or +by the 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 a fine not exceeding one +thousand dollars, or imprisonment not exceeding one year, or both, in +the discretion of the court. + +§ 3. That the district courts of the United States, within their +respective districts, shall have, exclusively of the courts of the +several States, cognizance of all crimes and offences committed against +the provisions of this act, and also, concurrently with the circuit +courts of the United States, of all causes civil and criminal, affecting +persons who are denied, or can not enforce in the courts of judicial +tribunal of the State or locality where they may be, any of the rights +secured to them by the first section of this act; and if any suit or +prosecution, civil or criminal, has been, or shall be commenced in any +State court against any such person, for any cause whatsoever, civil or +military, or any other person, any arrest or imprisonment, trespasses, +or wrong done or committed by virtue or under color of authority derived +from this act, or the act establishing a bureau for the relief of +freedmen and refugees, and all acts amendatory thereof, or for refusing +to do any act, upon the ground that it would be inconsistent with this +act, such defendant shall have the right to remove such cause for trial +to the proper district or circuit court, in the manner prescribed by the +act relating to _habeas corpus_, and regulating judicial proceedings in +certain cases, approved March 3, 1863, and all acts amendatory thereto. +The jurisdiction in civil and criminal matters hereby conferred on the +district and circuit courts of the United States shall be exercised and +enforced, in conformity with the laws of the United States, so far as +such laws are suitable to carry the same into effect; but in all cases +where such laws are not adapted to the object, or are deficient in the +provisions necessary to furnish suitable remedies and punish offences +against the law, the common law, as modified and changed by the +Constitution and statutes of the State wherein the court having +jurisdiction of the cause, civil or criminal, is held, so far as the +same is not inconsistent with the Constitution, and laws of the United +States, shall be extended, and govern the said courts in the trial and +disposition of such causes, and, if of a criminal nature, in the +infliction of punishment on the party found guilty. + +§ 4. That the district attorneys, marshals, and deputy marshals, of the +United States, the commissioners appointed by the circuit and +territorial courts of the United States, with power of arresting, +imprisoning, or bailing offenders against the laws of the United States, +the officers and agents of the Freedmen's Bureau, and every other +officer who may be specially empowered by the President of the United +States, shall be, and they are, hereby specially authorized and +required, at the expense of the United States, to institute proceedings +against all and every person who shall violate the provisions of this +act, and cause him or them to be arrested and imprisoned, or bailed, as +the case may be, for trial before such of the United States or +territorial courts as by this act have cognizance of the offence, and, +with a view to affording reasonable protection to all persons in their +constitutional rights of equality before the law, without distinction of +race or color, or previous condition of slavery or involuntary +servitude, except as a punishment for crime, whereof the party shall +have been duly convicted, and the prompt discharge of the duties of +this act, it shall be the duty of the circuit courts of the United +States and the superior courts of the territories of the United States, +from time to time, to increase the number of Commissioners, so as to +afford a speedy and convenient means for the arrest and examination of +persons charged with a violation of this act. + +§ 5. That said Commissioners shall have concurrent jurisdiction with the +judges of the circuit and district courts of the United States, and the +judges of the superior courts of the territories, severally and +collectively, in term time and vacation, upon satisfactory proof being +made, to issue warrants and precepts for arresting and bringing before +them all offenders against the provisions of this act, and, on +examination, to discharge, admit to bail, or commit them for trial, as +the facts may warrant. + +§ 6. And such Commissioners are hereby authorized and required to +exercise and discharge all the powers and duties conferred on them by +this Act, and the same duties with regard to offences created by this +act, as they are authorized by law to exercise with regard to other +offences against the laws of the United States. That it shall be the +duty of all marshals and deputy marshals to obey and execute all +warrants and precepts issued under the provisions of this act when to +them directed, and should any marshal or deputy marshal refuse to +receive such warrant or other process, when tendered, or to use all +proper means diligently to execute the same, he shall on conviction +thereof be fined in the sum of one thousand dollars, to the use of the +person upon whom the accused is alleged to have committed the offence; +and the better to enable the said Commissioners to execute their duties +faithfully and efficiently, in conformity with the Constitution of the +United States, and the requirements of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties, +and the person so appointed to execute any warrant or process as +aforesaid shall have authority to summon and call to their aid the +bystanders of a _posse comitatus_ of the proper county, or such portion +of the land or 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, and to insure a faithful observance of the clause of the +Constitution which prohibits slavery, in conformity with the provisions +of this act; and said warrants shall run and be executed by said +officers anywhere in the State or Territory within which they are +issued. + +§ 7. That any person who shall knowingly and wrongfully obstruct, hinder +or prevent any officer or other person charged with the execution of any +warrant or process issued under the provisions of this act, or any +person or persons lawfully assisting him or them, from arresting any +person for whose apprehension such warrant or process may have been +issued; or shall rescue, or attempt to rescue, such person from the +custody of the officer, other person or persons, or those lawfully +assisting, as aforesaid, when so arrested, pursuant to the authority +herein given and declared; or shall aid, abet or assist any person so +arrested as aforesaid, directly or indirectly, to escape from the +custody of the officer or other persons legally authorized, as +aforesaid, or shall harbor or conceal any person for whom a warrant or +process shall have been issued as aforesaid, so as to prevent his +discovery and arrest after notice of knowledge of the fact that a +warrant has been issued for the apprehension of such person, shall for +either of said offences be subject to a fine not exceeding one thousand +dollars, and imprisonment not exceeding six months, by indictment before +the district court of the United States for the district in which said +offence may have been committed, or before the proper court of criminal +jurisdiction, if committed within any one of the organized Territories +of the United States. + +§ 8. That the district attorneys, the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the like fees as may be allowed to them for similar +services in other cases; and in all cases where the proceedings are +before a Commissioner he shall be entitled to a fee of ten dollars in +full for his services in each case, inclusive of all services incident +to such arrest and examination. The person or persons authorized to +execute the process to be issued by such Commissioners for the arrest of +offenders against the provisions of this act, shall be entitled to a fee +of five dollars for each person he or they may arrest and take before +any such Commissioner, as aforesaid, with such other fees as may be +deemed reasonable by such Commissioner for such other additional +services as may be necessarily performed by him or them--such as +attending at the examination, keeping the prisoner in custody, and +providing food and lodgings during his detention and until the final +determination of such Commissioner, and in general for performing such +other duties as may be required in the premises, such fees to be made up +in conformity with the fees usually charged by the officers of the court +of justice, within the proper district or county, as near as +practicable, and paid out of the Treasury of the United States, on the +certificate of the district within which the arrest is made, and to be +recoverable from the defendant as part of the judgment in case of +conviction. + +§ 9. That whenever the President of the United States shall have reason +to believe that offences have been or are likely to be committed against +the provisions of this act within any judicial district, it shall be +lawful for him, in his discretion, to direct the judge, marshal and +district attorney of such district to attend at such place within the +district and for such time as he may designate, for the purpose of the +more speedy arrest and trial of persons charged with the violation of +this act; and it shall be the duty of every judge or other officer, when +any such requisition shall be received by him, to attend at the place +and for the time therein designated. + +§ 10. That it shall be lawful for the President of the United States, or +such persons 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. + +§ 11. That upon all questions of law arising in any cause under the +provisions of this act, a final appeal may be taken to the supreme court +of the United States. + + + + +FREEDMEN'S BUREAU BILL, + +AS AMENDED AND APPROVED BY THE XXXIXTH CONGRESS. + + 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. + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That the act to establish a +Bureau for the Relief of Freedmen and Refugees, approved March third, +eighteen hundred and sixty-five, shall continue in force for the term of +two years from and after the passage of this act. + +§ 2. _And be it further enacted_, That the supervision and care of said +bureau shall extend to all loyal refugees and freedmen, so far as the +same shall be necessary to enable them as speedily as practicable to +become self-supporting citizens of the United States, and to aid them in +making the freedom conferred by proclamation of the commander-in-chief, +by emancipation under the laws of States, and by constitutional +amendment, available to them and beneficial to the republic. + +§ 3. _And be it further enacted_, That the President shall, by and with +the advice and consent of the Senate, appoint two assistant +commissioners in addition to those authorized by the act to which this +is an amendment, who shall give like bonds and receive the same annual +salary provided in said act, and each of the assistant commissioners of +the bureau shall have charge of one district containing such refugees or +freedmen, to be assigned him by the Commissioner, with the approval of +the President. And the Commissioner shall, under the direction of the +President, and so far as the same shall be, in his judgment, necessary +for the efficient and economical administration of the affairs of the +bureau, appoint such agents, clerks, and assistants as maybe required +for the proper conduct of the bureau. Military officers or enlisted men +may be detailed for service and assigned to duty under this act; and the +President may, if in his judgment safe and judicious so to do, detail +from the army all the officers and agents of this bureau; but no officer +so assigned shall have increase of pay or allowances. Each agent or +clerk, not heretofore authorized by law, not being a military officer, +shall have an annual salary of not less than five hundred dollars, nor +more than twelve hundred dollars, according to the service required of +him. And it shall be the duty of the Commissioner, when it can be done +consistently with public interest, to appoint, as assistant +commissioners, agents, and clerks, such men as have proved their loyalty +by faithful service in the armies of the Union during the rebellion. And +all persons appointed to service under this act and the act to which +this is an amendment shall be so far deemed in the military service of +the United States as to be under the military jurisdiction, and entitled +to the military protection of the government while in discharge of the +duties of their office. + +§ 4. _And be it further enacted_, That officers of the Veteran Reserve +Corps or of the volunteer service, now on duty in the Freedmen's Bureau +as assistant commissioners, agents, medical officers, or in other +capacities, whose regiments or corps have been or may hereafter be +mustered out of service, may be retained upon such duty as officers of +said bureau, with the same compensation as is now provided by law for +their respective grades; and the Secretary of War shall have power to +fill vacancies until other officers can be detailed in their places +without detriment to the public service. + +§ 5. _And be it further enacted_, That the second section of the act to +which this is an amendment shall be deemed to authorize the Secretary of +War to issue such medical stores or other supplies and transportation, +and afford such medical or other aid as may be needful for the purpose +named in said section: _Provided_, That no person shall be deemed +"destitute," "suffering," or "dependent upon the government for +support," within the meaning of this act, who is able to find +employment, and could, by proper industry and exertion, avoid such +destitution, suffering, or dependence. + +§ 6. Whereas, by the provisions of an act approved February sixth, +eighteen hundred and sixty-three, entitled "An act to amend an act +entitled 'An act for the collection of direct taxes in insurrectionary +districts within the United States, and for other purposes,' approved +June seventh, eighteen hundred and sixty-two," certain lands in the +parishes of Saint Helena and Saint Luke, South Carolina, were bid in by +the United States at public tax sales, and by the limitation of said act +the time of redemption of said lands has expired; and whereas, in +accordance with instructions issued by President Lincoln on the +sixteenth day of September, eighteen hundred and sixty-three, to the +United States direct tax commissioners for South Carolina, certain lands +bid in by the United States in the parish of Saint Helena, in said +State, were in part sold by the said tax commissioners to "heads of +families of the African race," in parcels of not more than twenty acres +to each purchaser; and whereas, under the said instructions, the said +tax commissioners did also set apart as "school farms" certain parcels +of land in said parish, numbered on their plats from one to +thirty-three, inclusive, making an aggregate of six thousand acres, more +or less: _Therefore, be it further enacted_, That the sales made to +"heads of families of the African race," under the instructions of +President Lincoln to the United States direct tax commissioners for +South Carolina, of date of September sixteenth, eighteen hundred and +sixty-three, are hereby confirmed and established; and all leases which +have been made to such "heads of families," by said direct tax +commissioners, shall be changed into certificates of sale in all cases +wherein the lease provides for such substitution; and all the lands now +remaining unsold, which come within the same designation, being eight +thousand acres, more or less, shall be disposed of according to said +instructions. + +§ 7. _And be it further enacted_, That all other lands bid in by the +United States at tax sales, being thirty-eight thousand acres, more or +less, and now in the hands of the said tax commissioners as the +property of the United States, in the parishes of Saint Helena and +Saint Luke, excepting the "school farms," as specified in the preceding +section, and so much as may be necessary for military and naval purposes +at Hilton Head, Bay Point, and Land's End, and excepting also the city +of Port Royal, on Saint Helena island, and the town of Beaufort, shall +be disposed of in parcels of twenty acres, at one dollar and fifty cents +per acre, to such persons, and to such only, as have acquired and are +now occupying lands under and agreeably to the provisions of General +Sherman's special field order, dated at Savannah, Georgia, January +sixteenth, eighteen hundred and sixty-five, and the remaining lands, if +any, shall be disposed of in like manner to such persons as had acquired +lands agreeably to the said order of General Sherman, but who have been +dispossessed by the restoration of the same to former owners: +_Provided_, That the lands sold in compliance with the provisions of +this and the preceding section shall not be alienated by their +purchasers within six years from and after the passage of this act. + +§ 8. _And be it farther enacted_, That the "school farms" in the parish +of Saint Helena, South Carolina, shall be sold, subject to any leases of +the same, by the said tax commissioners, at public auction, on or before +the first day of January, eighteen hundred and sixty-seven, at not less +than ten dollars per acre; and the lots in the city of Port Royal, as +laid down by the said tax commissioners, and the lots and houses in the +town of Beaufort, which are still held in like manner, shall be sold at +public auction; and the proceeds of said sales, after paying expenses of +the surveys and sales, shall be invested in United States bonds, the +interest of which shall be appropriated, under the direction of the +Commissioner, to the support of schools, without distinction of color or +race, on the islands in the parishes of Saint Helena and Saint Luke. + +§ 9. _And be it further enacted_, That the assistant commissioners for +South Carolina and Georgia are hereby authorized to examine all claims +to lands in their respective States which are claimed under the +provisions of General Sherman's special field order, and to give each +person having a valid claim a warrant upon the direct tax commissioners +for South Carolina for twenty acres of land, and the said direct tax +commissioners shall issue to every person, or to his or her heirs, but +in no case to any assigns, presenting such warrant, a lease of twenty +acres of land, as provided for in section 7, for the term of six years; +but at any time thereafter, upon the payment of a sum not exceeding one +dollar and fifty cents per acre, the person holding such lease shall be +entitled to a certificate of sale of said tract of twenty acres from +the direct tax commissioner or such officer as may be authorized to +issue the same; but no warrant shall be held valid longer than two years +after the issue of the same. + +§ 10. _And be it further enacted_, That the direct tax commissioners for +South Carolina are hereby authorized and required at the earliest day +practicable to survey the lands designated in section 7 into lots of +twenty acres each, with proper metes and bounds distinctly marked, so +that the several tracts shall be convenient in form, and as near as +practicable have an average of fertility and woodland; and the expense +of such surveys shall be paid from the proceeds of the sales of said +lands, or, if sooner required, out of any moneys received for other +lands on these islands, sold by the United States for taxes, and now in +the hands of the direct tax commissioners. + +§ 11. _And be it further enacted_, That restoration of lands occupied by +freedmen under General Sherman's field order, dated at Savannah, +Georgia, January sixteenth, eighteen hundred and sixty-five, shall not +be made until after the crops of the present year shall have been +gathered by the occupants of said lands, nor until a fair compensation +shall have been made to them by the former owners of such lands or their +legal representatives for all improvements or betterments erected or +constructed thereon, and after due notice of the same being done shall +have been given by the assistant commissioner. + +§ 12. _And be it further enacted_, That the Commissioner shall have +power to seize, hold, use, lease, or sell all buildings and tenements, +and any lands appertaining to the same, or otherwise, formerly held +under color of title by the late so-called Confederate States, and not +heretofore disposed of by the United States, and any buildings or lands +held in trust for the same by any person or persons, and to use the same +or appropriate the proceeds derived therefrom to the education of the +freed people; and whenever the bureau shall cease to exist, such of said +so-called Confederate States as shall have made provision for the +education of their citizens without distinction of color shall receive +the sum remaining unexpended of such sales or rentals, which shall be +distributed among said States for educational purposes in proportion to +their population. + +§ 13. _And be it further enacted_, That the Commissioner of this bureau +shall at all times co-operate with private benevolent associations of +citizens in aid of freedmen, and with agents and teachers, duly +accredited and appointed by them, and shall hire or provide by lease +buildings for purposes of education whenever such associations shall, +without cost to the government, provide suitable teachers and means of +instructions; and he shall furnish such protection as may be required +for the safe conduct of such schools. + +§ 14. _And be it further enacted_, That in every State or district where +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and in every +State or district whose constitutional relations to the government have +been practically discontinued by the rebellion, and until such State +shall have been restored in such relations, and shall be duly +represented in the Congress of the United States, the right 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 concerning +personal liberty, personal security, and the acquisition, enjoyment, and +disposition of estate, real and personal, including the constitutional +right to bear arms, shall be secured to and enjoyed by all the citizens +of such State or district without respect to race or color, or previous +condition of slavery. And whenever in either of said States or districts +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and until such +State shall have been restored in its constitutional relations to the +government, and shall be duly represented in the Congress of the United +States, the President shall, through the Commissioner and the officers +of the bureau, and under such rules and regulations as the President, +through the Secretary of War, shall prescribe, extend military +protection and have military jurisdiction over all cases and questions +concerning the free enjoyment of such immunities and rights, and no +penalty or punishment for any violation of law shall be imposed or +permitted because of race or color, or previous condition of slavery, +other or greater than the penalty or punishment to which white persons +may be liable by law for the like offence. But the jurisdiction +conferred by this section upon the officers of the bureau shall not +exist in any State where the ordinary course of judicial proceedings has +not been interrupted by the rebellion, and shall cease in every State +when the courts of the State and of the United States are not disturbed +in the peaceable course of justice, and after such State shall be fully +restored in its constitutional relations to the government, and shall be +duly represented in the Congress of the United States. + +§ 15. _And be it further enacted_, That all officers, agents, and +employés of this bureau, before entering upon the duties of their +office, shall take the oath prescribed in the first section of the act +to which this is an amendment; and all acts or parts of acts +inconsistent with the provisions of this act are hereby repealed. + +SCHUYLER COLFAX, + +_Speaker of the House of Representatives_. + +LAFAYETTE S. FOSTER, + +_President of Senate pro tempore_. + + +IN THE HOUSE OF REPRESENTATIVES UNITED STATES, + +_July_ 16, 1866. + +The President of the United States having returned to the House of +Representatives, in which it originated, the bill 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," with his +objections thereto, the House of Representatives proceeded, in pursuance +of the Constitution to reconsider the same; and + +_Resolved_, That the said bill pass, two-thirds of the House of +Representatives agreeing to pass the same. + +Attest: EDWARD MCPHERSON, + +_Clerk House of Representatives of the United States._ + +IN SENATE OF THE UNITED STATES, + +_July 16, 1866._ + +The Senate having proceeded, in pursuance of the Constitution, to +reconsider the bill 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," returned to the House of Representatives by the +President of the United States, with his objections, and sent by the +House of Representatives to the Senate with the message of the President +returning the bill-- + +_Resolved_, That the bill do pass, two-thirds of the Senate agreeing to +pass the same. + +Attest: J.W. FORNEY, + +_Secretary of the Senate of the United States._ + + + + +PROVOST MARSHAL-GENERAL'S REPORT. + + SHOWING THE NUMBER OF MEN ENLISTED, NUMBER OF KILLED, WOUNDED, AND + DEATHS FROM DISEASE, DURING THE REBELLION. + + +WASHINGTON, D.C., Friday, April 27, 1866. + +The following is a condensed summary of the results of the operations of +this bureau, from its organization to the close of the war. + +1. By means of a full and exact enrollment of all persons liable to +conscription, under the law of March 3 and its amendments, a complete +exhibit of the military resources of the loyal States, in men, was made, +showing an aggregate number of 2,254,063, not including 1,000,516 +soldiers actually under arms, when hostilities ceased. + +2. One million one hundred and twenty thousand six hundred and +twenty-one men were raised, at an average cost (on account of +recruitment exclusive of bounties,) of $9.84 per man, while the cost of +recruiting of 1,356,593 raised prior to the organization of the Bureau +was $34.01 per man. A saving of over seventy cents on the dollar in the +cost of raising troops was thus effected under this Bureau, +notwithstanding the increase in the price of subsistence, +transportation, rents, &c., during the last two years of the war. (Item: +The number above given does not embrace the naval credits allowed under +the eighth section of the act of July 4, 1864, nor credits for drafted +men who paid commutation, the recruits for the regular army, nor the +credits allowed by the Adjutant-General subsequent to May 25, 1865, for +men raised prior to that date.) + +3. Seventy-six thousand five hundred and twenty-six deserters were +arrested and returned to the army. The vigilance and energy of the +officers of the Bureau, in this line of the business, put an effectual +check to the wide-spread evil of desertion, which, at one time, impaired +so seriously the numerical strength and efficiency of the army. + +4. The quotas of men furnished by the various parts of the country were +equalized, and a proportionate share of military service secured from +each, thus removing the very serious inequality of recruitment, which +had arisen during the first two years of the war, and which, when the +bureau was organized, had become an almost insuperable obstacle to the +further progress of raising troops. + +5. Records were completed showing minutely the physical condition of +1,014,776 of the men examined, and tables of great scientific and +professional value have been compiled from this data. + +6. The casualties in the entire military force of the nation during the +war of the rebellion, as shown by the official muster-rolls and monthly +returns, have been compiled with, in part, this result: + +KILLED IN ACTION OR DIED OF WOUNDS WHILE IN SERVICE. + +Commissioned officers 5,221 +Enlisted men 90,868 + +DIED FROM DISEASE OR ACCIDENT. + +Commissioned officers 2,321 +Enlisted men 182,329 + -------- + Total loss in service 280,739 + +These figures have been carefully compiled from the complete official +file of muster-rolls and monthly returns, but yet entire accuracy is not +claimed for them, as errors and omissions to some extent doubtless +prevailed in the rolls and returns. Deaths (from wounds or disease +contracted in service) which occurred after the men left the army are +not included in these figures. + +7. The system of recruitment established by the Bureau, under the laws +of Congress, if permanently adopted, (with such improvement as +experience may suggest,) will be capable of maintaining the numerical +strength and improving the character of the army in time of peace, or of +promptly and economically rendering available the National forces to any +required extent in time of war. + + + + +THE UNITED STATES ARMY DURING THE GREAT CIVIL WAR OF 1861-65. + +The following statement shows the number of men furnished by each State: + +---------------------+-----------------+-----------------+--------------- + | Men furnished | Aggregate No. | Aggregate + | under Act of | of men | No. of men + | April 15, 1861, | furnish'd under | furnish'd + STATES. | for 75,000 | all calls. | reduced to + | militia for | | the 3 years' + | for 3 months. | | standard. +---------------------+-----------------+-----------------+--------------- +Maine | 771 | 71,745 | 56,595 +New Hampshire | 779 | 34,605 | 30,827 +Vermont | 782 | 35,246 | 29,052 +Massachusetts | 3,736 | 151,785 | 123,844 +Rhode Island | 3,147 | 23,711 | 17,878 +Connecticut | 2,402 | 57,270 | 50,514 +New York | 13,906 | 464,156 | 381,696 +New Jersey | 3,123 | 79,511 | 55,785 +Pennsylvania | 20,175 | 366,326 | 267,558 +Delaware | 775 | 13,651 | 10,303 +Maryland | ... | 49,731 | 40,692 +West Virginia | 900 | 32,003 | 27,653 +District of Columbia | 4,720 | 16,872 | 11,506 +Ohio | 12,357 | 317,133 | 237,976 +Indiana | 4,686 | 195,147 | 152,283 +Illinois | 4,820 | 258,217 | 212,694 +Michigan | 781 | 90,119 | 80,865 +Wisconsin | 817 | 96,118 | 78,985 +Minnesota | 930 | 25,034 | 19,675 +Iowa | 968 | 75,860 | 68,182 +Missouri | 10,501 | 108,773 | 86,192 +Kentucky | ... | 78,540 | 70,348 +Kansas | 650 | 20,097 | 18,654 +Tennessee | ... | 12,077 | 12,077 +Arkansas | ... | ... | ... +North Carolina | ... | ... | ... +California | ... | 7,451 | 7,451 +Nevada | ... | 216 | 216 +Oregon | ... | 617 | 581 +Washington Ter'ty | ... | 895 | 895 +Nebraska | ... | 1,279 | 380 +Colorado | ... | 1,762 | 1,762 +Dakota | ... | 181 | 181 +New Mexico | 1,510 | 2,395 | 1,011 + | ------ | --------- | --------- +Total | 93,326 | 2,688,523 | 2,154,311 +---------------------+-----------------+-----------------+--------------- + + + + +HISTORY OF THE FLAG. + +BY A DISTINGUISHED HISTORIAN. + + +Men, in the aggregate, demand something besides abstract ideas and +principles. Hence the desire for symbols--something visible to the eye +and that appeals to the senses. Every nation has a flag that represents +the country--every army a common banner, which, to the soldier, stands +for that army. It speaks to him in the din of battle, cheers him in the +long and tedious march, and pleads with him on the disastrous retreat. + +Standards were originally carried on a pole or lance. It matters little +what they may be, for the symbol is the same. + +In ancient times the Hebrew tribes had each its own standard--that of +Ephraim, for instance, was a steer; of Benjamin, a wolf. Among the +Greeks, the Athenians had an owl, and the Thebans a sphynx. The standard +of Romulus was a bundle of hay tied to a pole, afterwards a human hand, +and finally an eagle. Eagles were at first made of wood, then of +silver, with thunderbolts of gold. Under Cæsar they were all gold, +without thunderbolts, and were carried on a long pike. The Germans +formerly fastened a streamer to a lance, which the duke carried in front +of the army. Russia and Austria adopted the double headed eagle. The +ancient national flag of England, all know, was the banner of St. +George, a white field with a red cross. This was at first used in the +Colonies, but several changes were afterwards made. + +Of course, when they separated from the mother country, it was necessary +to have a distinct flag of their own, and the Continental Congress +appointed Dr. Franklin, Mr. Lynch, and Mr. Harrison, a committee to take +the subject into consideration. They repaired to the American army, a +little over 9,000 strong, then assembled at Cambridge, and after due +consideration, adopted one composed of seven white and seven red +stripes, with the red and white crosses of St. George and St. Andrew, +conjoined on a blue field in the corner, and named it "The Great Union +Flag." The crosses of St. George and St. Andrew were retained to show +the willingness of the colonies to return to their allegiance to the +British crown, if their rights were secured. This flag was first hoisted +on the first day of January, 1776. In the meantime, the various colonies +had adopted distinctive badges, so that the different bodies of troops, +that flocked to the army, had each its own banner. In Connecticut, each +regiment had its own peculiar standard, on which were represented the +arms of the colony, with the motto, "Qui transtulit sustinet"--(he who +transplanted us will sustain us.) The one that Putnam gave to the breeze +on Prospect Hill on the 18th of July, 1775, was a red flag, with this +motto on one side, and on the other, the words inscribed, "An appeal to +Heaven." That of the floating batteries was a white ground with the same +"Appeal to Heaven" upon it. It is supposed that at Bunker Hill our +troops carried a red flag, with a pine tree on a white field in the +corner. The first flag in South Carolina was blue, with a crescent in +the corner, and received its first baptism under Moultrie. In 1776, Col. +Gadsen presented to Congress a flag to be used by the navy, which +consisted of a rattle-snake on a yellow ground, with thirteen rattles, +and coiled to strike. The motto was, "Don't tread on me." "The Great +Union Flag," as described above, without the crosses, and sometimes with +the rattle-snake and motto, "Don't tread on me," was used as a naval +flag, and called the "Continental Flag." + +As the war progressed, different regiments and corps adopted peculiar +flags, by which they were designated. The troops which Patrick Henry +raised and called the "Culpepper Minute Men," had a banner with a +rattle-snake on it, and the mottoes, "Don't tread on me," and "Liberty +or death," together with their name. Morgan's celebrated riflemen, +called the "Morgan Rifles," not only had a peculiar uniform, but a flag +of their own, on which was inscribed, "XI. Virginia Regiment," and the +words, "Morgan's Rifle Corps." On it was also the date, 1776, surrounded +by a wreath of laurel. Wherever this banner floated, the soldiers knew +that deadly work was being done. + +When the gallant Pulaski was raising a body of cavalry, in Baltimore, +the nuns of Bethlehem sent him a banner of crimson silk, with emblems on +it, wrought by their own hands. That of Washington's Life Guard was made +of white silk, with various devices upon it, and the motto, "Conquer or +die." + +It doubtless always will be customary in this country, during a war, for +different regiments to have flags presented to them with various devices +upon them. It was so during the recent war, but as the stars and stripes +supplant them all, so in our revolutionary struggle, the "Great Union +Flag," which was raised in Cambridge, took the place of all others and +became the flag of the American army. + +But in 1777, Congress, on the 19th day of June, passed the following +resolution: "_Resolved_, That the flag of the thirteen United States be +thirteen stripes, alternate red and white, that the union be thirteen +stars, white, in a blue field, representing a new constellation." A +constellation, however, could not well be represented on a flag, and so +it was changed into a circle of stars, to represent harmony and union. +Red is supposed to represent courage, white, integrity of purpose, and +blue, steadfastness, love, and faith. This flag, however, was not used +till the following autumn, and waved first over the memorable battle +field of Saratoga. + +Thus our flag was born, which to-day is known, respected, and feared +round the entire globe. In 1794 it received a slight modification, +evidently growing out of the intention at that time of Congress to add a +new stripe with every additional State that came into the Union, for it +passed that year the following resolution: "_Resolved_, That from and +after the 1st day of May, Anno Domini 1795, the flag of the United +States be fifteen stripes, alternate red and white. That the union be +fifteen stars, white, in a blue field." In 1818, it was by another +resolution of Congress, changed back into thirteen stripes, with +twenty-one stars, in which it was provided that a new star should be +added to the union on the admission of each new State. That resolution +has never been rescinded, till now thirty-six stars blaze on our +banner. The symbol of our nationality, the record of our glory, it has +become dear to the heart of the people. On the sea and on the land its +history has been one to swell the heart with pride. The most beautiful +flag in the world in its appearance, it is stained by no disgrace, for +it has triumphed in every struggle. Through three wars it bore us on to +victory, and in this last terrible struggle against treason, though +baptized in the blood of its own children, not a star has been effaced, +and it still waves over a united nation. + +Whenever the "Star-Spangled Banner" is sung, the spontaneous outburst of +the vast masses, as the chorus is reached, shows what a hold that flag +has on the popular heart. It not only represents our nationality, but it +is the _people's_ flag. It led them on to freedom--it does something +more than appeal to their pride as a symbol of national greatness--it +appeals to their affections as a friend of their dearest rights. We +cannot better close this short history of our flag than by appending the +following stirring poem of Drake: + + WHEN freedom from her mountain height + Unfurled her standard to the air, + She tore the azure robes of night, + And set the stars of glory there! + She mingled with its gorgeous dyes + The milky baldric of the skies, + And striped its pure celestial white + With streakings of the morning light; + Then, from his mansion in the sun, + She called her eagle-bearer down, + And gave into his mighty hand + The symbol of her chosen land! + + Majestic monarch of the cloud + Who rear'st aloft thy regal form, + To hear the tempest trumping loud + And see the lightning lances driven, + When strive the warriors of the storm, + And rolls the thunder drum of heaven, + Child of the sun! to thee 'tis given + To guard the banner of the free; + To hover in the sulphur smoke, + To ward away the battle stroke; + And bid its blendings shine afar, + Like rainbows on the cloud of war-- + The harbinger of victory! + + Flag of the brave! thy folds shall fly, + The sign of hope and triumph high, + When speaks the signal trumpet tone, + And the long line comes gleaming on, + (Ere yet the life-blood, warm and wet, + Hath dimmed the glittering bayonet,) + Each soldier's eye shall brightly turn + To where thy sky-born glories burn, + + And, as his springing steps advance, + Catch war and vengeance from the glance; + And when the cannon's mouthings loud + Heave in wild wreaths the battle shroud, + And gory sabres rise and fall, + Like shoots of flame on midnight's pall; + Then shall thy meteor glances glow, + And cowering foes shall shrink beneath + Each gallant arm that strikes below + That lovely messenger of death. + + Flag of the seas! on ocean wave + Thy stars shall glitter o'er the brave, + When death, careering on the gale, + Sweeps darkly round the bellied sail, + And frightened waves rush wildly back, + Before the broadside's reeling rack, + Each dying wanderer of the sea, + Shall look at once to heaven and thee, + And smile to see thy splendor fly, + In triumph o'er his closing eye. + + Flag of the free, heart's hope and home! + By angel hands to valor given; + Thy stars have lit the welkin dome, + And all thy hues were born in heaven! + Forever float that standard sheet! + Where breathes the foe but falls before us? + With Freedom's soil beneath our feet, + And Freedom's banner streaming o'er us? + + + + + +End of Project Gutenberg's Key-Notes of American Liberty, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + +***** This file should be named 28831-8.txt or 28831-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/8/8/3/28831/ + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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Treat. + </title> + <style type="text/css"> +<!-- +p { margin-top: .75em; text-align: justify; + margin-bottom: .75em; text-indent: 1.25em; + line-height: 130%;} + p.t1 {text-indent: 0em; text-align: center; font-family: 'Old English Text MT', serif; + font-size: 1.5em;} + + p big {font-size: 1.25em;} + + h1 {text-align: center; clear: both; font-size: 2.3em; + font-weight: normal;} + h2 {text-align: center; clear: both; font-size: 1.5em; + font-weight: normal; letter-spacing: 0.15em;} + h3 {text-align: center; clear: both; font-size: 1.3em; + font-weight: normal;} + h4 {text-align: center; clear: both; font-size: 0.9em; + font-weight: normal;} + h1 small {font-size: 50%;} + + hr { width: 50%; margin-top: 2em; margin-bottom: 2em; + margin-left: auto; margin-right: auto; clear: both;} + + + table {margin-left: auto; margin-right: auto;} + .tr1 td {border-top: solid black 2px; border-bottom: solid black 2px;} + .tr2 td {border-bottom: solid black 2px;} + .tdrbb {border-bottom: solid black 1px; text-align: right;} + .tdlbr {text-align: left; border-right: solid black 1px;} + .tdrbr {text-align: right; border-right: solid black 1px;} + .tdcbr {text-align: center; border-right: solid black 1px;} + .tdlbrpl {text-align: left; border-right: solid black 1px; padding-left: 2em;} + .tdrbrbb {text-align: right; border-right: solid black 1px; + border-bottom: solid black 1px;} + + body{margin-left: 10%; + margin-right: 10%; + } + a {text-decoration: none;} + + .pagenum {display: inline; font-size: 0.8em; text-align: right; + position: absolute; right: 2%; text-indent: 0em; + padding: 1px 1px; font-style: normal; font-family: garamond, serif; + font-variant: normal; font-weight: normal; text-decoration: none; + color: #000; background-color: #CCFF66;} + + .center {text-align: center; text-indent: 0em;} + .right {text-align: right; padding-right: 2em;} + .smcap {font-variant: small-caps;} + .noin {text-indent: 0em;} + .hang {text-indent: -1.5em; margin-left: 2em;} + .stache {font-size: 300%;} + .caps {text-transform: lowercase; font-variant: small-caps;} + .blockquot {margin-left: 5%; margin-right: 10%; font-size: 90%;} + .caption {font-weight: normal; text-indent: 0em; font-size: 90%;} + + .tn {background-color: #EEE; padding: 0.5em 1em 0.5em 1em;} + + .figcenter {margin: auto; text-align: center;} + .poem {margin-left:10%; margin-right:10%; text-align: left; + text-indent: 0em;} + + .footnotes {border: dashed 1px;} + .footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + .footnote .label {position: absolute; right: 84%; text-align: right;} + .fnanchor {font-size: .8em; text-decoration: none;} +--> + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Key-Notes of American Liberty, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Key-Notes of American Liberty + Comprising the most important speeches, proclamations, and + acts of Congress, from the foundation of the government + to the presen + +Author: Various + +Editor: E. B. Treat + +Release Date: May 15, 2009 [EBook #28831] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + + + + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + + + + + +</pre> + + +<div class="tn"> +<p class="center"><big><b>Transcriber’s Note</b></big></p> +<p class="noin">The punctuation and spelling from the original text have been faithfully preserved. Only obvious +typographical errors have been corrected.</p> +</div> +<hr /> + +<div class="figcenter" style="width: 500px;"> +<img src="images/frontis.jpg" width="500" height="518" alt="George Washington" title="" /> +<span class="caption"><i>Eng<sup>d.</sup> by H.B. Hall, from the original Painting by +Stuart.</i></span> +</div> +<hr /> + + + +<h1> +KEY-NOTES +<br /> +<small>OF</small> +<br /> +AMERICAN LIBERTY;</h1> + +<p class="center"><small>COMPRISING</small><br /> +<br /> +THE MOST IMPORTANT SPEECHES, PROCLAMATIONS, AND<br /> +ACTS OF CONGRESS, FROM THE FOUNDATION<br /> +OF THE GOVERNMENT TO THE<br /> +PRESENT TIME.<br /> +<br /> +<small>WITH A</small><br /> +<br /> +<big>HISTORY OF THE FLAG,</big><br /> +<br /> +<small>BY A DISTINGUISHED HISTORIAN.</small></p> + +<p class="t1"><br /><br /><br />Illustrated.<br /><br /><br /></p> + +<p class="center">NEW YORK:<br /> +<big>E.B. TREAT & CO.</big><br /> +<br /> +654 BROADWAY.<br /> +<br /> +CHICAGO, ILLINOIS: R.C. TREAT and C.W. LILLEY.<br /> +B.C. BAKER, DETROIT, MICH. L.C. BRAINARD, ST. LOUIS, MO.<br /> +A.O. BRIGGS, CLEVELAND, O. M. PITMAN & CO., BOSTON, MASS.<br /> +A.L. TALCOTT, PITTSBURG, PA.<br /> +</p> + + + +<hr /> +<p class="center"><br /><br /><span class="smcap">Entered</span>, according to Act of Congress, in the year 1866, by<br /> + +E.B. TREAT.<br /> + +In the Clerk's Office of the District Court of the United States for the Southern<br /> +District of New York.<br /> + +<br /><br /><br /><br /><small>MACDONALD & STONE, PRINTERS AND STEREOTYPERS, 43 CENTRE STREET, N.Y.</small><br /><br /><br /></p> + + + +<hr /> +<h2><a name="PREFACE" id="PREFACE"></a>PREFACE.</h2> + + +<p><span class="smcap">This</span> book appeals to the patriotic sentiments of all classes of readers. +In its pages will be found those words of burning eloquence which +lighted the fires of the American Revolution, stirring the hearts of our +fathers to do battle for our independence; the words of wisdom which +brought our ship of state safely through the storms of strife into the +calms of peace, and all of the most important speeches and proclamations +of our statesmen which guided our country during critical periods of our +political life. It is a book of our country as a whole; all must read it +with emotions of gratitude and pride at the grandeur and stability of +our institutions as exemplified by the eloquent words of the statesmen +and leading spirits of the great Republic.</p> + +<p>First in its pages, appropriately, will be found the "Declaration of +Independence," the great corner stone of American liberty; and as a +fitting close, one of our most distinguished historians has furnished a +"History of the Flag,"—the Flag of the Union, the sacred emblem around +which are clustered the memories of the thousands of heroes who have +struggled to sustain it untarnished against both foreign and domestic +foes. To the Declaration of Independence, Constitution of the United +States, and Washington's Farewell Address—truly "Key Notes to American +Liberty"—have been added many important proclamations and congressional +acts of a later day, namely: President Jackson's famous Nullification +Proclamation to South Carolina, The Monroe Doctrine, Dred Scott +Decision, Neutrality laws, with numerous documents, state papers and +statistical matter growing out of the late Rebellion; all of which will +be read with new and ever increasing interest. And as long as our +Republic endures, these pages will be cherished as the representative of +all that is great and good in our country; and will prove incentives to +our children to follow in the footsteps of the patriots by whose genius +and valor our institutions have been cherished and preserved, and +liberty, like water made to run throughout the land free to all.</p> + + + +<hr /> +<h2><a name="CONTENTS" id="CONTENTS"></a>CONTENTS.</h2> + + + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary=" Contents"> +<tr> + <td align='right' colspan='2'><small>PAGE.</small></td> +</tr> +<tr> + <td align='left'><span class="smcap">Declaration of Independence</span>,</td> + <td align='right'><a href="#DECLARATION_OF_INDEPENDENCE">9</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Constitution of the United States</span>,</td> + <td align='right'><a href="#CONSTITUTION_OF_THE_UNITED_STATES">18</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Amendments to the Constitution</span>,</td> + <td align='right'><a href="#AMENDMENTS_TO_THE_CONSTITUTION">39</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Constitutional Amendment Abolishing Slavery</span>,</td> + <td align='right'><a href="#THE_CONSTITUTIONAL_AMENDMENT">44</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Proposed Amendments of the XXXIXth Congress</span>,</td> + <td align='right'><a href="#PROPOSED_AMENDMENTS">48</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The Ordinance of 1787</span>,</td> + <td align='right'><a href="#THE_ORDINANCE_OF_1787">51</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The Fugitive Slave Bill of 1793</span>,</td> + <td align='right'><a href="#THE_FUGITIVE_SLAVE_BILL_OF_1793">52</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The Fugitive Slave Bill of 1850</span>,</td> + <td align='right'><a href="#THE_FUGITIVE_SLAVE_BILL_OF_1850">55</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The Missouri Compromise</span>,</td> + <td align='right'><a href="#THE_MISSOURI_COMPROMISE">67</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The States of the Union, with the Date of their Admission</span>,</td> + <td align='right'><a href="#THE_STATES_OF_THE_UNION">69</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Inaugural Address of George Washington</span>,</td> + <td align='right'><a href="#INAUGURAL_ADDRESS_OF_GEORGE_WASHINGTON">70</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Washington's Farewell Address</span>,</td> + <td align='right'><a href="#WASHINGTONS_FAREWELL_ADDRESS">77</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Jackson's Proclamation to South Carolina</span>,</td> + <td align='right'><a href="#PRESIDENT_JACKSONS_PROCLAMATION">105</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Monroe Doctrine</span>,</td> + <td align='right'><a href="#MONROE_DOCTRINE">144</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Dred Scott Decision</span>,</td> + <td align='right'><a href="#THE_DRED_SCOTT_DECISION">146</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Presidents and Vice-Presidents of the United States, with the Popular Vote for Each</span>,</td> + <td align='right'><a href="#PRESIDENTS_AND_VICE-PRESIDENTS_OF_THE_UNITED_STATES">154</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Popular Names of States</span>,</td> + <td align='right'><a href="#POPULAR_NAMES_OF_STATES">166</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Battles of the Revolution</span>,</td> + <td align='right'><a href="#BATTLES_OF_THE_REVOLUTION">167</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Neutrality Law of the United States</span>,</td> + <td align='right'><a href="#NEUTRALITY_LAW_OF_THE_UNITED_STATES">168</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Population of the United States</span>,</td> + <td align='right'><a href="#POPULATION_OF_THE_UNITED_STATES">176</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Slave Population in the U.S. in 1860</span>,</td> + <td align='right'><a href="#SLAVE_POPULATION_IN_THE_US_IN_1860">177</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Statistics of Slavery Before the Revolution</span>,</td> + <td align='right'><a href="#STATISTICS_OF_SLAVERY_BEFORE_THE_REVOLUTION">178</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Speech of Hon. Stephen A. Douglas,—His Last Words for the Union</span>,</td> + <td align='right'><a href="#SPEECH_OF_HON_STEPHEN_A_DOUGLAS">179</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Lincoln's First Call For Troops</span>,</td> + <td align='right'><a href="#PRESIDENT_LINCOLNS_FIRST_CALL_FOR_TROOPS">186</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Total Number of Troops called into Service during the Rebellion</span>,</td> + <td align='right'><a href="#TOTAL_NUMBER_OF_TROOPS_CALLED_INTO_SERVICE_DURING_THE_REBELLION">188</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Resolutions of the N.Y. Chamber of Commerce</span>,</td> + <td align='right'><a href="#RESOLUTIONS_OF_THE_NY_CHAMBER_OF_COMMERCE">189</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Blockade Proclamation, by President Lincoln</span>,</td> + <td align='right'><a href="#A_PROCLAMATION">194</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Emancipation Proclamation</span>,</td> + <td align='right'><a href="#THE_EMANCIPATION_PROCLAMATION">197</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Confiscation Act</span>,</td> + <td align='right'><a href="#THE_CONFISCATION_ACT">201</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">First Inaugural Address of President Lincoln</span>,</td> + <td align='right'><a href="#FIRST_INAUGURAL_ADDRESS_OF_PRESIDENT_LINCOLN">204</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Balance Sheet of the Government, before and since the War, 1859 and 1865</span>,</td> + <td align='right'><a href="#THE_BALANCE_SHEET_OF_THE_GOVERNMENT">221</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Lincoln's Second and Last Inaugural Address</span>,</td> + <td align='right'><a href="#PRESIDENT_LINCOLNS_SECOND_AND_LAST_INAUGURAL_ADDRESS">222</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Lincoln's Proclamation of Amnesty</span>,</td> + <td align='right'><a href="#PRESIDENT_LINCOLNS_PROCLAMATION_OF_AMNESTY">226</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Johnson's Amnesty Proclamation</span>,</td> + <td align='right'><a href="#PRESIDENT_JOHNSONS_AMNESTY_PROCLAMATION">232</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">President Johnson's Peace Proclamation</span>,</td> + <td align='right'><a href="#A_PEACE_PROCLAMATION">237</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The Civil Rights Bill</span>,</td> + <td align='right'><a href="#CIVIL_RIGHTS_BILL">239</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Freedmen's Bureau Bill</span>,</td> + <td align='right'><a href="#FREEDMENS_BUREAU_BILL">248</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">Provost Marshal-General's Report,</span> of the killed and wounded during the Rebellion,</td> + <td align='right'><a href="#PROVOST_MARSHAL-GENERALS_REPORT">261</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">The United States Army</span>, showing the number of men furnished from each State during the Rebellion,</td> + <td align='right'><a href="#THE_UNITED_STATES_ARMY_DURING_THE_GREAT_CIVIL_WAR_OF_1861-65">265</a></td> +</tr> +<tr> + <td align='left'><span class="smcap">History of the Flag</span>,</td> + <td align='right'><a href="#HISTORY_OF_THE_FLAG">266</a></td> +</tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span></p> +<p class="t1">Key-Notes of American Liberty.</p> + + + +<hr style="width: 10%;" /> +<h2><a name="DECLARATION_OF_INDEPENDENCE" id="DECLARATION_OF_INDEPENDENCE"></a>DECLARATION OF INDEPENDENCE.</h2> + +<p class="right"> +<span class="smcap">In Congress</span>, July 4, 1776.</p> + +<p class="center"><i>By the Representatives of the United States, in Congress assembled.</i> +</p> + + +<h3>A DECLARATION.</h3> + +<p>When, in the course of human events, it becomes necessary for one people +to dissolve the political bands which have connected them with another, +and to assume among the powers of the earth the separate and equal +station to which the laws of nature and of nature's God entitle them, a +decent respect for the opinions of mankind requires that they should +declare the causes which impel them to the separation.</p> + +<p><span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span></p><p>We hold these truths to be self-evident:—that all men are created +equal; that they are endowed by their Creator with certain inalienable +rights; that among these are life, liberty, and the pursuit of +happiness; that to secure these rights, governments are instituted among +men, deriving their just powers from the consent of the governed; that +whenever any form of government becomes destructive of these ends it is +the right of the people to alter or to abolish it, and to institute a +new government, laying its foundation on such principles, and organizing +its powers in such form, as to them shall seem most likely to effect +their safety and happiness. Prudence, indeed, will dictate that +governments long established should not be changed for light and +transient causes; and accordingly all experience hath shown that mankind +are more disposed to suffer, while evils are sufferable, than to right +themselves by abolishing the forms to which they are accustomed. But +when a long train of abuses and usurpations, pursuing invariably the +same object, evinces a design to reduce them under absolute despotism, +it is their right, it is their duty, to throw off such government, and +to provide new guards for their future security. Such has been the +patient sufferance of these colonies; and such is now the necessity +which constrains them to alter their former system of government.<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span> The +history of the present King of Great Britain is a history of repeated +injuries and usurpations, all having in direct object the establishment +of an absolute tyranny over these States. To prove this, let facts be +submitted to a candid world.</p> + +<p>He has refused his assent to laws the most wholesome and necessary for +the public good.</p> + +<p>He has forbidden his governors to pass laws of immediate and pressing +importance, unless suspended in their operation till his assent should +be obtained; and, when so suspended, he has utterly neglected to attend +to them.</p> + +<p>He has refused to pass other laws for the accommodation of large +districts of people, unless those people would relinquish the right of +representation in the legislature—a right inestimable to them, and +formidable to tyrants only.</p> + +<p>He has called together legislative bodies at places unusual, +uncomfortable, and distant from the depository of their public records, +for the sole purpose of fatiguing them into compliance with his +measures.</p> + +<p>He has dissolved representative houses repeatedly, for opposing, with +manly firmness, his invasions on the right of the people.</p> + +<p>He has refused, for a long time after such dissolutions, to cause others +to be elected; whereby the legislative powers, incapable of +annihilation, have<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span> returned to the people at large for their exercise; +the State remaining, in the mean time, exposed to all the danger of +invasion from without and convulsions within.</p> + +<p>He has endeavored to prevent the population of these States; for that +purpose obstructing the laws for naturalization of foreigners, refusing +to pass others to encourage their migration hither, and raising the +conditions of new appropriations of lands.</p> + +<p>He has obstructed the administration of justice, by refusing his assent +to laws for establishing judiciary powers.</p> + +<p>He has made judges dependent on his will alone for the tenure of their +offices and the amount and payment of their salaries.</p> + +<p>He has erected a multitude of new offices, and sent hither swarms of +officers, to harass our people and eat out their substance.</p> + +<p>He has kept among us, in times of peace, standing armies, without the +consent of our legislatures.</p> + +<p>He has affected to render the military independent of and superior to +the civil power.</p> + +<p>He has combined with others to subject us to a jurisdiction foreign to +our constitution and unacknowledged by our laws; giving his assent to +their acts of pretended legislation,—</p> + +<p><span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span></p><p>For quartering large bodies of armed troops among us:</p> + +<p>For protecting them, by a mock trial, from punishment for any murders +which they should commit on the inhabitants of these States:</p> + +<p>For cutting off our trade with all parts of the world:</p> + +<p>For imposing taxes on us without our consent:</p> + +<p>For depriving us, in many cases, of the benefits of trial by jury:</p> + +<p>For transporting us beyond seas, to be tried for pretended offences:</p> + +<p>For abolishing the free system of English law in a neighboring province, +establishing therein an arbitrary government, and enlarging its +boundaries so as to render it at once an example and fit instrument for +introducing the same absolute rule into these colonies:</p> + +<p>For taking away our charters, abolishing our most valuable laws, and +altering fundamentally the forms of our government:</p> + +<p>For suspending our own legislatures, and declaring themselves invested +with power to legislate for us in all cases whatsoever.</p> + +<p>He has abdicated government here by declaring us out of his protection, +and waging war against us.</p> + +<p>He has plundered our seas, ravaged our coasts,<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span> burned our towns, and +destroyed the lives of our people.</p> + +<p>He is at this time transporting large armies of foreign mercenaries, to +complete the works of death, desolation, and tyranny, already begun, +with circumstances of cruelty and perfidy scarcely paralleled in the +most barbarous ages, and totally unworthy the head of a civilized +nation.</p> + +<p>He has constrained our fellow-citizens, taken captive on the high seas, +to bear arms against their country, to become the executioners of their +friends and brethren, or to fall themselves by their hands.</p> + +<p>He has excited domestic insurrections amongst us, and has endeavored to +bring on the inhabitants of our frontiers the merciless Indian savages, +whose known rule of warfare is an undistinguished destruction of all +ages, sexes, and conditions.</p> + +<p>In every stage of these oppressions we have petitioned for redress in +the most humble terms; our petitions have been answered only by repeated +injury. A prince whose character is thus marked by every act which may +define a tyrant, is unfit to be the ruler of a free people.</p> + +<p>Nor have we been wanting in attention to our British brethren. We have +warned them, from time to time, of attempts made by their legislature to +extend an unwarrantable jurisdiction over us. We<span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span> have reminded them of +the circumstances of our emigration and settlement here. We have +appealed to their native justice and magnanimity, and we have conjured +them, by the ties of our common kindred, to disavow these usurpations, +which would inevitably interrupt our connections and correspondence. +They, too, have been deaf to the voice of justice and consanguinity. We +must therefore acquiesce in the necessity which denounces our +separation, and hold them, as we hold the rest of mankind, enemies in +war—in peace, friends.</p> + +<p>We, therefore, the representatives of the United States of America, in +General Congress assembled, appealing to the Supreme Judge of the world +for the rectitude of our intentions, do, in the name and by the +authority of the good people of these colonies, solemnly publish and +declare that these United Colonies are, and of good right ought to be, +free and independent States; that they are absolved from all allegiance +to the British crown, and that all political connection between them and +the State of Great Britain is, and ought to be, totally dissolved; and +that, as free and independent States, they have full power to levy war, +conclude peace, contract alliances, establish commerce, and to do all +other acts and things which independent States may of right do. And for +the support of this declaration, with a<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span> firm reliance on the protection +of Divine Providence, we mutually pledge to each other our lives, our +fortunes, and our sacred honor.</p> + +<p>Signed by order and in behalf of the Congress.</p> + +<p class="right"> +JOHN HANCOCK, <i>President</i>.</p> + +<p>Attested, <span class="smcap">Charles Thompson</span>, <i>Secretary</i>.</p> + +<div class='center'> +<table border="0" width="65%" cellpadding="4" cellspacing="0" summary="Declaration Signatures"> +<tr> + <td align='center'><small>NEW HAMPSHIRE.</small></td> + <td align='center'><small>PENNSYLVANIA.</small></td> +</tr> +<tr> + <td align='left'>Josiah Bartlett,</td> + <td align='left'>Robert Morris,</td> +</tr> +<tr> + <td align='left'>William Whipple,</td> + <td align='left'>Benjamin Rush,</td> +</tr> +<tr> + <td align='left'>Matthew Thornton.</td> + <td align='left'>Benjamin Franklin,</td> +</tr> +<tr> + <td align='left'> </td> + <td align='left'>George Clymer,</td> +</tr> +<tr> + <td align='center'><small>MASSACHUSETTS BAY.</small></td> + <td align='left'>John Morton,</td> +</tr> +<tr> + <td align='left'>Samuel Adams,</td> + <td align='left'>James Smith,</td> +</tr> +<tr> + <td align='left'>John Adams,</td> + <td align='left'>George Taylor,</td> +</tr> +<tr> + <td align='left'>Robert Treat Paine,</td> + <td align='left'>James Wilson,</td> +</tr> +<tr> + <td align='left'>Eldridge Gerry.</td> + <td align='left'>George Ross.</td> +</tr> +<tr> + <td align='center'><small>RHODE ISLAND, ETC.</small></td> + <td align='center'><small>DELAWARE.</small></td> +</tr> +<tr> + <td align='left'>Stephen Hopkins,</td> + <td align='left'>Cæsar Rodney,</td> +</tr> +<tr> + <td align='left'>William Ellery.</td> + <td align='left'>George Read,</td> +</tr> +<tr> + <td align='left'> </td> + <td align='left'>Thomas M'Kean.</td> +</tr> +<tr> + <td align='center'><small>CONNECTICUT.</small></td> + <td align='center'><small>MARYLAND.</small></td> +</tr> +<tr> + <td align='left'>Roger Sherman,</td> + <td align='left'>Samuel Chase,</td> +</tr> +<tr> + <td align='left'>Samuel Huntington,</td> + <td align='left'>William Paca,</td> +</tr> +<tr> + <td align='left'>William Williams,</td> + <td align='left'>Thomas Stone,</td> +</tr> +<tr> + <td align='left'>Oliver Wolcott.</td> + <td align='left'>Charles Carroll, of Carrollton.</td> +</tr> +<tr> + <td align='center'><small>NEW YORK.</small></td> + <td align='center'><small>VIRGINIA.</small></td> +</tr> +<tr> + <td align='left'>William Floyd,</td> + <td align='left'>George Wythe,</td> +</tr> +<tr> + <td align='left'>Philip Livingston,</td> + <td align='left'>Richard Henry Lee,</td> +</tr> +<tr> + <td align='left'>Francis Lewis,</td> + <td align='left'>Thomas Jefferson,</td> +</tr> +<tr> + <td align='left'>Lewis Morris.</td> + <td align='left'>Benjamin Harrison,</td> +</tr> +<tr> + <td align='left'> </td> + <td align='left'>Thomas Nelson, jr.,</td> +</tr> +<tr> + <td align='center'><small>NEW JERSEY.</small></td> + <td align='left'>Francis Lightfoot Lee,</td> +</tr> +<tr> + <td align='left'>Richard Stockton,</td> + <td align='left'>Carter Braxton.</td> +</tr> +<tr> + <td align='left'>John Witherspoon,</td> + <td align='left'>Thomas Heyward, jr.,</td> +</tr> +<tr> + <td align='left'>Francis Hopkinson,</td> + <td align='left'>Thomas Lynch, jr.,</td> +</tr> +<tr> + <td align='left'>John Hart,</td> + <td align='left'>Arthur Middleton.</td> +</tr> +<tr> + <td align='left'>Abraham Clark.</td> + <td align='center'><small>GEORGIA.</small></td> +</tr> +<tr> + <td align='center'><span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span><small>NORTH CAROLINA.</small></td> + <td align='left'>Button Gwinnett,</td> +</tr> +<tr> + <td align='left'>William Hooper,</td> + <td align='left'>Lyman Hall,</td> +</tr> +<tr> + <td align='left'>Joseph Hewes,</td> + <td align='left'>George Walton.</td> +</tr> +<tr> + <td align='left'>John Penn.</td> +</tr> +<tr> + <td align='center'><small>SOUTH CAROLINA.</small></td> +</tr> +<tr> + <td align='left'>Edward Rutledge,</td> +</tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span></p> +<h2><a name="CONSTITUTION_OF_THE_UNITED_STATES" id="CONSTITUTION_OF_THE_UNITED_STATES"></a>CONSTITUTION OF THE UNITED STATES.</h2> + +<div class="blockquot"><p class="hang">We, the People of the United States, in order to form a more +perfect union, establish justice, insure domestic tranquillity, +provide for the common defence, promote the general welfare, and +secure the blessings of liberty to ourselves and our posterity, do +ordain and establish this Constitution for the United States of +America.</p></div> + + +<h4>ARTICLE I.</h4> + +<p>§ I.—All legislative powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and House +of Representatives.</p> + +<p>§ II.—1. The House of Representatives shall be composed of members +chosen every second year by the people of the several States; and the +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State legislature.</p> + +<p><span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span></p><p>2. No person shall be a representative who shall not have attained the +age of twenty-five years, and been seven years a citizen of the United +States, and who shall not, when elected, be an inhabitant of the State +in which he shall be chosen.</p> + +<p>3. Representatives and direct taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service for a +term of years, and excluding Indians not taxed, three-fifths of all +other persons. The actual enumeration shall be made within three years +after the first meeting of the Congress of the United States, and within +every subsequent term of ten years, in such manner as they shall by law +direct. The number of representatives shall not exceed one for every +thirty thousand, but each State shall have at least one representative; +and until such enumeration shall be made, the State of <i>New Hampshire</i> +shall be entitled to choose three; <i>Massachusetts</i>, eight; <i>Rhode Island +and Providence Plantations</i>, one; <i>Connecticut</i>, five; <i>New York</i>, six; +<i>New Jersey</i>, four; <i>Pennsylvania</i>, eight; <i>Delaware</i>, one; <i>Maryland</i>, +six; <i>Virginia</i>, ten; <i>North Carolina</i>, five; <i>South Carolina</i>, five; +<i>Georgia</i>, three.</p> + +<p>4. When vacancies happen in the representation<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span> of any State, the +executive authority thereof shall issue writs of election to fill such +vacancies.</p> + +<p>5. The House of Representatives shall choose their speaker and other +officers, and shall have the sole power of impeachment.</p> + +<p>§ III.—1. The Senate of the United States shall be composed of two +senators from each State, chosen by the legislature thereof, for six +years; and each senator shall have one vote.</p> + +<p>2. Immediately after they shall be assembled in consequence of the first +election, they shall be divided, as equally as may be, into three +classes. The seats of the senators of the first class shall be vacated +at the expiration of the second year, of the second class at the +expiration of the fourth year, and the third class at the expiration of +the sixth year, so that one third may be chosen every second year; and +if vacancies happen, by resignation or otherwise, during the recess of +the legislature of any State, the executive thereof may make temporary +appointments until the next meeting of the legislature, which shall then +fill such vacancies.</p> + +<p>3. No person shall be a Senator who shall not have attained the age of +thirty years, and been nine years a citizen of the United States, and +who shall not, when elected, be an inhabitant of that State for which he +shall be chosen.</p> + +<p><span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span></p><p>4. The Vice-President of the United States shall be President of the +Senate, but shall have no vote, unless they be equally divided.</p> + +<p>5. The Senate shall choose their other officers, and also a president +pro tempore in the absence of the Vice-President, or when he shall +exercise the office of President of the United States.</p> + +<p>6. The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When the +President of the United States is tried, the chief justice shall +preside; and no person shall be convicted without the concurrence of +two-thirds of the members present.</p> + +<p>7. Judgment, in cases of impeachment, shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust, or profit under the United States; but the party +convicted shall, nevertheless, be liable and subject to indictment, +trial, judgment, and punishment, according to law.</p> + +<p>§ IV.—1. The times, places, and manner of holding elections for +Senators and representatives shall be prescribed in each State by the +legislature thereof; but the Congress may, at any time, by law, make or +alter such regulations, except as to the places of choosing senators.</p> + +<p><span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span></p><p>2. The Congress shall assemble at least once in every year; and such +meeting shall be on the first Monday in December, unless they shall by +law appoint a different day.</p> + +<p>§ V.—1. Each house shall be judge of the elections, returns, and +qualifications of its own members; and a majority of each shall +constitute a quorum to do business; but a smaller number may adjourn +from day to day, and may be authorized to compel the attendance of +absent members, in such manner and under such penalties as each house +may provide.</p> + +<p>2. Each house may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of +two-thirds, expel a member.</p> + +<p>3. Each house shall keep a journal of its proceedings, and from time to +time publish the same, excepting such parts as may, in their judgment, +require secrecy; and the yeas and nays of the members of either house on +any question shall, at the desire of one-fifth of those present, be +entered on the journal.</p> + +<p>4. Neither house, during the session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any other +place than that in which the two houses shall be sitting.</p> + +<p>§ VI.—1. The senators and representatives shall<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span> receive a compensation +for their services, to be ascertained by law, and paid out of the +treasury of the United States. They shall, in all cases except treason, +felony, and breach of the peace, be privileged from arrest during their +attendance at the session of their respective houses, and in going to or +returning from the same; and for any speech or debate in either house +they shall not be questioned in any other place.</p> + +<p>2. No senator or representative shall, during the time for which he was +elected, be appointed to any civil office under the authority of the +United States which shall have been created, or the emoluments whereof +shall have been increased, during such time; and no person holding any +office under the United States shall be a member of either house during +his continuance in office.</p> + +<p>§ VII.—1. All bills for raising revenue shall originate in the House of +Representatives; but the Senate may propose or concur with amendments, +as on other bills.</p> + +<p>2. Every bill which shall have passed the House of Representatives and +the Senate shall, before it becomes a law, be presented to the President +of the United States; if he approve, he shall sign it; but if not, he +shall return it with his objections, to that house in which it shall +have originated, who shall<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span> enter the objections at large on their +journal, and proceed to reconsider it. If, after such reconsideration, +two thirds of that house shall agree to pass the bill, it shall be sent, +together with the objections, to the other house; and if approved by +two-thirds of that house it shall become a law. But in all such cases +the votes of both houses shall be determined by yeas and nays; and the +name of the persons voting for and against the bill shall be entered on +the journals of each house respectively. 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 Congress, by their adjournment, +prevent its return; in which case it shall not be a law.</p> + +<p>3. Every order, resolution, or vote to which the concurrence of the +Senate and House of Representatives may be necessary (except on a +question of adjournment) shall be presented to the President of the +United States, and before the same shall take effect shall be approved +by him, or, being disapproved by him, shall be repassed by two-thirds of +the Senate and House of Representatives, according to the rules and +limitations prescribed in the case of a bill.</p> + +<p>§ VIII.—The Congress shall have power—</p> + +<p><span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span></p><p>1. To lay and collect taxes, duties, imposts, and excises; to pay the +debts and provide for the common defence and general welfare of the +United States; but all duties, imposts, and excises shall be uniform +throughout the United States:</p> + +<p>2. To borrow money on the credit of the United States:</p> + +<p>3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes:</p> + +<p>4. To establish a uniform rule of naturalization, and uniform laws on +the subject of bankruptcies, throughout the United States:</p> + +<p>5. To coin money, regulate the value thereof, and of foreign coin, and +fix the standard of weights and measures:</p> + +<p>6. To provide for the punishment of counterfeiting the securities and +current coin of the United States:</p> + +<p>7. To establish post offices and post roads:</p> + +<p>8. To promote the progress of science and useful arts, by securing, for +limited times, to authors and inventors the exclusive right to their +respective writings and discoveries:</p> + +<p>9. To constitute tribunals inferior to the Supreme Court:</p> + +<p>10. To define and punish piracies and felonies<span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span> committed on the high +seas, and offences against the law of nations:</p> + +<p>11. To declare war, grant letters of marque and reprisal, and make rules +concerning captures on land and water:</p> + +<p>12. To raise and support armies; but no appropriation of money to that +use shall be for a longer term than two years:</p> + +<p>13. To provide and maintain a navy:</p> + +<p>14. To make rules for the government and regulation of the land and +naval forces:</p> + +<p>15. To provide for calling forth the militia to execute the laws of the +Union, suppress insurrections, and repel invasions:</p> + +<p>16. To provide for organizing, arming, and disciplining the militia, and +for governing such part of them as may be employed in the service of the +United States, reserving to the States respectively the appointment of +the officers, and the authority of training the militia, according to +the discipline prescribed by Congress:</p> + +<p>17. To exercise exclusive legislation, in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +particular States, and the acceptance of Congress, become the seat of +government of the United States, and to exercise like authority over all +places purchased by the consent of<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span> the legislature of the State in +which the same shall be, for the erection of forts, magazines, arsenals, +dock yards, and other needful building: And,</p> + +<p>18. To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by this +Constitution in the government of the United States, or in any +department or officer thereof.</p> + +<p>§ IX.—1. The migration or importation of such persons as any of the +States, now existing, shall think proper to admit, shall not be +prohibited by the Congress prior to the year one thousand eight hundred +and eight; but a tax or duty may be imposed on such importation, not +exceeding ten dollars for each person.</p> + +<p>2. The privilege of the writ of habeas corpus shall not be suspended, +unless when, in cases of rebellion or invasion, the public safety may +require it.</p> + +<p>3. No bill of attainder, or ex post facto law, shall be passed.</p> + +<p>4. No capitation or other direct tax shall be laid, unless in proportion +to the census or enumeration herein before directed to be taken.</p> + +<p>5. No tax or duty shall be laid on articles exported from any States. No +preference shall be given, by any regulation of commerce or revenue, to +the ports of one State over those of another; nor<span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span> shall vessels bound +to or from one State be obliged to enter, clear, or pay duties in +another.</p> + +<p>6. No money shall be drawn from the treasury but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time.</p> + +<p>7. No title of nobility shall be granted by the United States; and no +person holding any office of profit or trust under them shall, without +the consent of the Congress, accept of any present, emolument, office, +or title of any kind whatever, from any king, prince, or foreign State.</p> + +<p>§ X.—1. No state shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make any thing but gold and silver coin a tender in +payment of debts; pass any bill of attainder, ex post facto law, or +impairing the obligation of contracts; or grant any title of nobility.</p> + +<p>2. No State shall, without the consent of Congress, lay any imposts or +duties on imports or exports, except what maybe absolutely necessary for +executing its inspection laws; and the net produce of all duties and +imposts laid by any State on imports or exports shall be for the use of +the treasury of the United States; and all such laws shall be<span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span> subject +to the revision and control of the Congress. No State shall, without the +consent of Congress, lay any duty on tonnage, keep troops or ships of +war in time of peace, enter into any agreement or compact with another +State or with a foreign power, or engage in war, unless actually +invaded, or in such imminent danger as will not admit of delay.</p> + + +<h4>ARTICLE II.</h4> + +<p>§ I.—1. 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>2. 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> + +<p>3. [Annulled. See Amendments, Art. 12.]</p> + +<p>4. The Congress may determine the time of choosing the electors, and the +day on which they shall give their votes, which day shall be the same +throughout the United States.</p> + +<p><span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span></p><p>5. No person except a natural-born citizen, or a citizen of the United +States at the time of the adoption of this Constitution, shall be +eligible to the office of President; neither shall any person be +eligible to that office who shall not have attained the age of +thirty-five years, and been fourteen years a resident within the United +States.</p> + +<p>6. 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 the Congress +may by law provide for the case of removal, death, resignation, or +inability both of the President and Vice-President, declaring what +officer shall then act as President, and such officer shall act +accordingly, until the disability be removed, or a President shall be +elected.</p> + +<p>7. The President shall, at stated times, receive for his services a +compensation which shall neither be increased nor diminished during the +period for which he shall have been elected; and he shall not receive, +within that period, any other emolument from the United States, or any +of them.</p> + +<p>8. Before he enter on the execution of his office, he shall take the +following oath or affirmation:—</p> + +<p>"I do solemnly swear (or affirm) that I will faithfully execute the +office of President of the<span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span> United States, and will, to the best of my +ability, preserve, protect, and defend the Constitution of the United +States."</p> + +<p>§ II.—1. The President shall be commander-in-chief of the army and navy +of the United States, and of the militia of the several States, when +called into the actual service of the United States: he may require the +opinion, in writing, of the principal officer in each of the executive +departments upon any subject relating to the duties of their respective +offices; and he shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment.</p> + +<p>2. He shall have power, by and with the advice and consent of the +Senate, to make treaties, provided two-thirds of the Senators present +concur; and he shall nominate, and by and with the advice and consent of +the Senate shall appoint, ambassadors, other public ministers, and +consuls, judges of the Supreme Court, and all other officers of the +United States whose appointments are not herein otherwise provided for, +and which shall be established by law. But the 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.</p> + +<p>3. The President shall have power to fill up all<span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span> vacancies that may +happen during the recess of the Senate, by granting commissions, which +shall expire at the end of the next session.</p> + +<p>§ III.—He shall, from time to time, give to the Congress information of +the state of the Union, and recommend to their consideration such +measures as he shall judge necessary and expedient; he may, on +extraordinary occasions, convene both houses, or either of them, and in +case of disagreement between them with respect to the time of +adjournment, he may adjourn them to such time as he shall think proper; +he shall receive ambassadors and other public ministers; he shall take +care that the laws are faithfully executed; and shall commission all the +officers of the United States.</p> + +<p>§ IV.—The President, Vice-President, and all civil officers of the +United States, shall be removed from office on impeachment for, and +conviction of, treason, bribery, or other high crimes and misdemeanors.</p> + + +<h4>ARTICLE III.</h4> + +<p>§ I.—The judicial power of the United States shall be vested in one +Supreme Court, and in such inferior courts as the Congress may, from +time to time, ordain and establish. The judges, both of the Supreme and +inferior courts, shall hold their offices<span class='pagenum'><a name="Page_33" id="Page_33">[Pg 33]</a></span> during good behavior, and +shall, at stated times, receive for their services a compensation which +shall not be diminished during their continuance in office.</p> + +<p>§II.—1. The judicial power 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, and 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.</p> + +<p>2. In all cases affecting ambassadors, other public ministers, and +consuls, and those in which a State shall be a party, the Supreme Court +shall have original jurisdiction. In all other cases before mentioned, +the Supreme Court shall have appellate jurisdiction, both as to law and +fact, with such exceptions, and under such regulations, as the Congress +shall make.</p> + +<p>3. The trial of all crimes, except in cases of impeachment, shall be by +jury; and such trial shall be<span class='pagenum'><a name="Page_34" id="Page_34">[Pg 34]</a></span> held in the State where such crimes shall +have been committed; but when not committed within any State, the trial +shall be at such place or places as the Congress may by law have +directed.</p> + +<p>§ III.—1. Treason against the United States shall consist only in +levying war against them, or in adhering to their enemies, giving them +aid and comfort. No person shall be convicted of treason, unless on the +testimony of two witnesses to the same overt act, or confessions in open +court.</p> + +<p>2. The Congress shall have power to declare the punishment of treason; +but no attainder of treason shall work corruption of blood, or +forfeiture, except during the life of the person attainted.</p> + + +<h4>ARTICLE IV.</h4> + +<p>§ I.—Full faith and credit shall be given in each State to the public +acts, records, and judicial proceedings of every other State. And the +Congress may, by general laws, prescribe the manner in which such acts, +records, and proceedings shall be proved, and the effect thereof.</p> + +<p>§ II.—1. The citizens of each State shall be entitled to all privileges +and immunities of citizens in the several States.</p> + +<p>2. A person charged in any State with treason,<span class='pagenum'><a name="Page_35" id="Page_35">[Pg 35]</a></span> felony, or other crime, +who shall flee from justice, and be found in another State, shall, on +demand of the executive authority of the State from which he fled, be +delivered up to be removed to the State having jurisdiction of the +crime.</p> + +<p>3. No person held to service or labor in one State, under the laws +thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall +be delivered up on claim of the party to whom such service or labor may +be due.</p> + +<p>§ III.—1. New States may be admitted by the Congress into this Union; +but no new State shall shall be formed or erected within the +jurisdiction of any other State; nor any State be formed by the junction +of two or more States, or parts of States, without the consent of the +legislature of the States concerned, as well as of the Congress.</p> + +<p>2. The Congress shall have power to dispose of and make all needful +rules and regulations respecting the territory or other property +belonging to the United States; and nothing in this Constitution shall +be so construed as to prejudice any claims of the United States, or of +any particular State.</p> + +<p>§ IV.—The United States shall guaranty to every State of this Union a +republican form of government, and shall protect each of them against +invasion, and,<span class='pagenum'><a name="Page_36" id="Page_36">[Pg 36]</a></span> on application of the legislature, or of the executive, +(when the legislature cannot be convened,) against domestic violence.</p> + + +<h4>ARTICLE V.</h4> + +<p>The Congress, whenever two-thirds of both houses shall deem it +necessary, shall propose amendments to this Constitution, or, on the +application of the legislatures of two-thirds of the several States, +shall call a convention for proposing amendments, which, in either case, +shall be valid to all intents and purposes, as part of this +Constitution, when ratified by the legislatures of three-fourths of the +several States, or by conventions in three-fourths thereof, as the one +or the other mode of ratification may be proposed by the Congress; +provided that no amendment which may be made prior to the year one +thousand eight hundred and eight 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> + + +<h4>ARTICLE VI.</h4> + +<p>1. All debts contracted, and engagements entered into, before the +adoption of this Constitution, shall be as valid against the United +States under this Constitution as under the confederation.</p> + +<p><span class='pagenum'><a name="Page_37" id="Page_37">[Pg 37]</a></span></p><p>2. 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; any +thing in the Constitution or laws of any State to the contrary +notwithstanding.</p> + +<p>3. The senators and representatives before mentioned, and the members of +the several State legislatures, and all executive and all judicial +officers, both of the United States and of the several States, shall be +bound by oath or affirmation to support this Constitution; but no +religious test shall ever be required as a qualification to any office +or public trust under the United States.</p> + + +<h4>ARTICLE VII.</h4> + +<p>The ratification of the conventions of nine States shall be sufficient +for the establishment of this Constitution between the States so +ratifying the same.</p> + +<div class="blockquot"><p>Done in Convention, by the unanimous consent of the States present, +the seventeenth day of September, in the year of our Lord one +thousand seven hundred and eighty-seven, and of the Independence of +the United States of America the twelfth. In witness whereof, we +have hereunto subscribed our names.</p></div> + +<p class="right"> +GEORGE WASHINGTON,<br /> +<br /> +<i>President, and Deputy from Virginia.</i><br /> +</p> + + + +<p><span class='pagenum'><a name="Page_38" id="Page_38">[Pg 38]</a></span></p> + + +<div class='center'> +<table border="0" width="65%" cellpadding="4" cellspacing="0" summary="Constitution Signatures"> +<tr> + <td align='center'><small>NEW HAMPSHIRE.</small></td> + <td align='center'><small>DELAWARE.</small></td> +</tr> +<tr> + <td align='left'>John Langdon,</td> + <td align='left'>George Read,</td> +</tr> +<tr> + <td align='left'>Nicholas Gilman.</td> + <td align='left'>Gunning Bedford, jr.,</td> +</tr> +<tr> + <td align='center'><small>MASSACHUSETTS.</small></td> + <td align='left'>John Dickinson,</td> +</tr> +<tr> + <td align='left'>Nathaniel Gorham,</td> + <td align='left'>Richard Bassett,</td> +</tr> +<tr> + <td align='left'>Rufus King.</td> + <td align='left'>Jacob Broom.</td> +</tr> +<tr> + <td align='center'><small>CONNECTICUT.</small></td> + <td align='center'><small>MARYLAND.</small></td> +</tr> +<tr> + <td align='left'>Wm. Samuel Johnson,</td> + <td align='left'>James McHenry,</td> +</tr> +<tr> + <td align='left'>Roger Sherman.</td> + <td align='left'>Daniel of St. Tho. Jenifer,</td> +</tr> +<tr> + <td align='left'> </td> + <td align='left'>Daniel Carroll.</td> +</tr> +<tr> + <td align='center'><small>NEW YORK.</small></td> + <td align='center'><small>VIRGINIA.</small></td> +</tr> +<tr> + <td align='left'>Alexander Hamilton.</td> + <td align='left'>John Blair,</td> +</tr> +<tr> + <td align='left'> </td> + <td align='left'>James Madison, jr.</td></tr> +<tr> + <td align='center'><small>NEW JERSEY.</small></td> + <td align='center'><small>NORTH CAROLINA.</small></td> +</tr> +<tr> + <td align='left'>William Livingston,</td> + <td align='left'>William Blount,</td> +</tr> +<tr> + <td align='left'>David Brearley,</td> + <td align='left'>Rich. Dobbs Spaight,</td> +</tr> +<tr> + <td align='left'>William Patterson,</td> + <td align='left'>Hugh Williamson.</td> +</tr> +<tr> + <td align='left'>Jonathan Dayton.</td> +</tr> +<tr> + <td align='center'><small>PENNSYLVANIA.</small></td> + <td align='center'><small>SOUTH CAROLINA.</small></td> +</tr> +<tr> + <td align='left'>Benjamin Franklin,</td> + <td align='left'>John Rutledge,</td> +</tr> +<tr> + <td align='left'>Thomas Mifflin,</td> + <td align='left'>Charles C. Pinckney,</td> +</tr> +<tr> + <td align='left'>Robert Morris,</td> + <td align='left'>Charles Pinckney,</td> +</tr> +<tr> + <td align='left'>George Clymer,</td> + <td align='left'>Pierce Butler.</td> +</tr> +<tr> + <td align='left'>Thomas Fitzsimons,</td> + <td align='center'><small>GEORGIA.</small></td> +</tr> +<tr> + <td align='left'>Jared Ingersoll,</td> + <td align='left'>William Few,</td> +</tr> +<tr> + <td align='left'>James Wilson,</td> + <td align='left'>Abraham Baldwin.</td> +</tr> +<tr> + <td align='left'>Gouverneur Morris.</td> +</tr> +</table></div> +<p class="right">Attest, <span class="smcap">William Jackson</span>, <i>Secretary</i>.</p> + + + + +<hr /><p><span class='pagenum'><a name="Page_39" id="Page_39">[Pg 39]</a></span></p> +<h2><a name="AMENDMENTS_TO_THE_CONSTITUTION" id="AMENDMENTS_TO_THE_CONSTITUTION"></a>AMENDMENTS TO THE CONSTITUTION.</h2> + + +<p><span class="smcap">Art. I.</span>—Congress shall make no law 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.</p> + +<p><span class="smcap">Art. II.</span>—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><span class="smcap">Art. III.</span>—No soldier shall, in time of peace, be quartered in any house +without the consent of the owner, nor in time of war but in a manner to +be prescribed by law.</p> + +<p><span class="smcap">Art. IV.</span>—The right of the people to be secure in their persons, houses, +papers, and effects, against unreasonable searches and seizures, shall +not be violated; and no warrants shall issue but upon<span class='pagenum'><a name="Page_40" id="Page_40">[Pg 40]</a></span> probable cause, +supported by oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized.</p> + +<p><span class="smcap">Art. V.</span>—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; nor shall any +person be subject for the same offence to be twice put in jeopardy of +life or limb; nor shall be compelled, in any criminal case, to be +witness against himself, nor be deprived of life, liberty, or property, +without due process of law; nor shall private property be taken for +public use without just compensation.</p> + +<p><span class="smcap">Art. VI.</span>—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, which district +shall have been previously ascertained by law, and to be informed of the +nature and cause of the accusation; to be confronted with the witnesses +against him; to have compulsory process for obtaining witnesses in his +favor; and to have the assistance of counsel for his defence.</p> + +<p><span class="smcap">Art. VII.</span>—In suits of common law, where the value in controversy shall +exceed twenty dollars, the<span class='pagenum'><a name="Page_41" id="Page_41">[Pg 41]</a></span> right of trial by jury shall be preserved; +and no fact, tried by a jury, shall be otherwise reexamined in any court +of the United States than according to the rules of the common law.</p> + +<p><span class="smcap">Art. VIII.</span>—Excessive bail shall not be required, nor excessive fines +imposed, nor cruel and unusual punishments inflicted.</p> + +<p><span class="smcap">Art. IX.</span>—The enumeration in the Constitution of certain rights shall +not be construed to deny or disparage others retained by the people.</p> + +<p><span class="smcap">Art. X.</span>—The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved to the +States respectively, or to the people.</p> + +<p><span class="smcap">Art. XI.</span>—The judicial power of the United States shall not be construed +to extend to any suit in law or equity commenced or prosecuted against +one of the United States by citizens of another State, or by citizens or +subjects of any foreign State.</p> + +<p><span class="smcap">Art. XII.</span>—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<span class='pagenum'><a name="Page_42" id="Page_42">[Pg 42]</a></span> +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 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 President, if such number be a majority of +the whole number of electors appointed; and if no person have such a +majority, then from the persons having the highest number, 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 fourth +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> + +<p><span class='pagenum'><a name="Page_43" id="Page_43">[Pg 43]</a></span></p><p>2. The person having the greatest number of votes as Vice-President +shall be the Vice-President, if such number be a majority of the whole +number of electors appointed; and if no person have a majority, then +from the two highest numbers on the list the Senate shall choose the +Vice-President; a quorum for the purpose shall consist of two-thirds of +the whole number of senators, and a majority of the whole number shall +be necessary to a choice.</p> + +<p>3. But no person constitutionally ineligible to the office of President +shall be eligible to that of Vice-President of the United States.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_44" id="Page_44">[Pg 44]</a></span></p> +<h2><a name="THE_CONSTITUTIONAL_AMENDMENT" id="THE_CONSTITUTIONAL_AMENDMENT"></a>THE CONSTITUTIONAL AMENDMENT.</h2> + + +<p><span class="smcap">Article V.</span> of the Constitution of the United States clearly and +distinctly sets forth the mode and manner in which that instrument may +be amended, as follows:</p> + +<p>"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."</p> + +<p>In accordance with this article of the Constitution, the following +resolution was proposed in the Senate, on February 1, 1864, adopted +April 8, 1864, by<span class='pagenum'><a name="Page_45" id="Page_45">[Pg 45]</a></span> a vote of 38 to 6, and was proposed in the House June +15, 1864, adopted Jan. 31, 1865, by a vote of 119 to 56:</p> + +<p><i>Resolved</i>, By the Senate and House of Representatives of the United +States of America, in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures, +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes, as a part of the said +Constitution, namely:</p> + +<p>Art. XIII. 1st. 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>The amendment was now sent by the Secretary of State to the Governors of +the several States for ratification by the Legislatures; a majority vote +in three-fourths being required to make it a law of the land.</p> + +<p>On Dec. 18, 1865, Secretary Seward officially announced to the country +the ratification of the Amendment as follows:</p> + +<p><i>To all to whom these presents may come, Greeting:</i></p> + +<p><i>Know ye</i>, That, whereas the Congress of the United States, on the 1st +of February last, passed a resolution, which is in the words following, +namely:</p> + +<p><span class='pagenum'><a name="Page_46" id="Page_46">[Pg 46]</a></span></p><p>"A resolution submitting to the Legislatures of the several States a +proposition to amend the Constitution of the United States."</p> + +<p>"<i>Resolved</i>, By the Senate and House of Representatives of the United +States of America in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures +of the several States as an Amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes as a part of said +Constitution, namely:</p> + +<p>"'<span class="smcap">Article XIII.</span></p> + +<p>"'<span class="smcap">Section</span> 1. 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>"'<span class="smcap">Section</span> 2. Congress shall have power to enforce this article by +appropriate legislation.'"</p> + +<p><i>And whereas</i>, It appears from official documents on file in this +Department, that the Amendment to the Constitution of the United States +proposed as aforesaid, has been ratified by the Legislatures of the +States of Illinois, Rhode Island, Michigan, Maryland, New York, West +Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, +Missouri,<span class='pagenum'><a name="Page_47" id="Page_47">[Pg 47]</a></span> Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, +Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, +Alabama, North Carolina, and Georgia, in all 27 States.</p> + +<p><i>And whereas</i>, The whole number of States in the United States is 36.</p> + +<p><i>And whereas</i>, The before specially named States, whose Legislatures +have ratified the said proposed Amendment, constitute three-fourths of +the whole number of States in the United States:</p> + +<p>Now, therefore, be it known that I, William H. Seward, Secretary of +State of the United States, by virtue and in pursuance of the second +section of the act of Congress, approved the 20th of April, 1818, +entitled "An act to provide for the publication of the laws of the +United States, and for other purposes," do hereby certify that the +Amendment aforesaid has become valid to all intents and purposes as a +part of the Constitution of the United States.</p> + +<p>In testimony whereof, I have hereunto set my hand and caused the seal of +the Department of State to be affixed.</p> + +<p>Done at the City of Washington, this 18th day of December, in the year +of our Lord 1865, and of the Independence of the United States of +America the 90th.</p> + +<p class="right"> +<span class="smcap">Wm. H. Seward</span>, <i>Secretary of State</i>.<br /> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_48" id="Page_48">[Pg 48]</a></span></p> +<h2><a name="PROPOSED_AMENDMENTS" id="PROPOSED_AMENDMENTS"></a>PROPOSED AMENDMENTS.</h2> + +<div class="blockquot"><p class="hang">ADOPTED BY CONGRESS JUNE 13TH, 1866, AND WHEN RATIFIED BY +TWO-THIRDS OF THE LEGISLATURES BECOMES A PART OF THE CONSTITUTION.</p></div> + + +<p>The joint resolution as passed is as follows:</p> + +<p><i>Resolved</i>, By the Senate and House of Representatives of the United +States of America, in Congress assembled, (two-thirds of both Houses +concurring), That the following article be proposed to the Legislatures +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid as part of the Constitution, namely:</p> + + +<h4>ARTICLE—.</h4> + +<p>§ 1. All persons born or naturalized in the United States, and subject +to the jurisdiction thereof, are citizens of the United States and the +States wherein they reside. No State shall make or<span class='pagenum'><a name="Page_49" id="Page_49">[Pg 49]</a></span> enforce any law +which shall abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person of life, liberty +or happiness, without due process of law, nor deny to any person within +its jurisdiction the equal protection of the laws.</p> + +<p>§ 2. Representatives shall be apportioned among the several States +according to their respective numbers, counting the whole number of +persons, excluding Indians not taxed. But whenever the right to vote at +any election for the choice of electors for President and +Vice-President, representatives in Congress, executive and judicial +officers, or members of the Legislature thereof, is denied to any of the +male inhabitants of such State, being 21 years of age, and citizens of +the United States, or in any way abridged, except for participation in +rebellion or other crime, the basis of representation therein shall be +reduced in the proportion which the number of such male citizens shall +bear to the whole number of male citizens 21 years of age in such State.</p> + +<p>§ 3. That no person shall be a Senator or Representative in Congress, or +elector of President and Vice President, or hold any office, civil or +military, under the United States, or under any State, who, having +previously taken an oath as a member of Congress, or as an officer of +the United States, or as<span class='pagenum'><a name="Page_50" id="Page_50">[Pg 50]</a></span> a member of any State Legislature, or as an +executive or judicial officer of any State, to support the Constitution +of the United States, shall have engaged in insurrection or rebellion +against the same, or given aid and comfort to the enemies thereof. But +Congress may, by a vote of two-thirds of each House, remove such +disabilities.</p> + +<p>§ 4. The validity of the public debt of the United States authorized by +law, including debts incurred for payment of pensions and bounties for +services in suppressing insurrection or rebellion, shall not be +questioned. But neither the United States or any State shall assume or +pay any debt or obligation incurred in aid of insurrection or rebellion +against the United States, or any claim for the loss or emancipation of +any slave; but all such debts, obligations, and claims shall be held +illegal and void.</p> + +<p>§ 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_51" id="Page_51">[Pg 51]</a></span></p> +<h2><a name="THE_ORDINANCE_OF_1787" id="THE_ORDINANCE_OF_1787"></a>THE ORDINANCE OF 1787.</h2> + +<div class="blockquot"><p class="hang"><i>Passed by Congress previous to the Adoption of the New +Constitution, and subsequently adopted by Congress, Aug. 7, 1789, +entitled, "An Ordinance for the Government of the Territory of the +United States north-west of the River Ohio."</i></p> + +<p>(All the Articles of this ordinance, previous to Article VI., +relate to the organization and powers of the government of the +territory, the following section being all that relates to +slavery.)</p></div> + + +<h4>ARTICLE VI.</h4> + +<p>There shall be neither slavery nor involuntary servitude in the said +territory, otherwise than in punishment of crimes, whereof the party +shall have been duly convicted: Provided always, that any person +escaping into the same, from whom labor or service is lawfully claimed +in any one of the original States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service, as aforesaid.</p> + +<p class="hang">Done by the United States in Congress assembled the thirteenth day +of July, in the year of our Lord 1787, and of the sovereignty and +Independence the twelfth.</p> + +<p class="right"> +<span class="smcap">William Grayson</span>, <i>Chairman</i>.</p> +<p><span class="smcap">Charles Thompson</span>, <i>Secretary</i>.<br /> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_52" id="Page_52">[Pg 52]</a></span></p> +<h2><a name="THE_FUGITIVE_SLAVE_BILL_OF_1793" id="THE_FUGITIVE_SLAVE_BILL_OF_1793"></a>THE FUGITIVE SLAVE BILL OF 1793.</h2> + +<h4>ADOPTED FEBRUARY 12, 1793.</h4> + +<div class="blockquot"><p class="hang"><i>An Act respecting Fugitives from Justice, and Persons escaping +from the Service of their Masters.</i></p></div> + + +<p><i>Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled</i>, That whenever the executive +authority of any State in the Union, or of either of the territories +north-west or south of the River Ohio, shall demand any person, as a +fugitive from justice, of the executive authority of any such State or +Territory to which such person shall have fled, and shall, moreover, +produce the copy of an indictment found, or an affidavit made before a +magistrate of any State or Territory as aforesaid, charging the person +so demanded with having committed treason, felony, or other crime, +certified as authentic by the governor or<span class='pagenum'><a name="Page_53" id="Page_53">[Pg 53]</a></span> chief magistrate of the State +or Territory from whence the person so charged fled, it shall be the +duty of the executive authority of the State or Territory to which such +person shall have fled, to cause him or her to be arrested and secured, +and notice of the arrest to be given to the executive authority making +such demand, or to the agent of such authority appointed to receive the +fugitive, and to cause the fugitive to be delivered to such agent when +he shall appear. But if no such agent shall appear within six months +from the time of the arrest, the prisoner may be discharged. And all +costs or expenses incurred in the apprehending, securing, and +transmitting such fugitive to the State or Territory making such demand, +shall be paid by such State or Territory.</p> + +<p><i>And be it further enacted</i>, That any agent appointed as aforesaid, who +shall receive the fugitive into his custody, shall be empowered to +transport him or her to the State or Territory from which he or she +shall have fled. And if any person or persons shall by force set at +liberty or rescue the fugitive from such agent while transporting as +aforesaid, the person or persons so offending shall, on conviction, be +fined not exceeding five hundred dollars, and be imprisoned not +exceeding one year.</p> + +<p><i>And be it also enacted</i>, That when a person held<span class='pagenum'><a name="Page_54" id="Page_54">[Pg 54]</a></span> to labor in any of +the United States, or in either of the Territories on the north-west or +south of the River Ohio, under the laws thereof, shall escape into any +other of the said States or Territory, the person to whom such labor or +service may be due, his agent or attorney, is hereby empowered to seize +or arrest such fugitive from labor, and to take him or her before any +judge of the Circuit or District Courts of the United States, residing +or being within the State, or before any magistrate of a county, city, +or town corporate, wherein such seizure or arrest shall be made, and +upon proof to the satisfaction of such judge or magistrate, either by +oral testimony or affidavit taken before, and certified by, a magistrate +of any such State or Territory, that the person so seized or arrested +doth, under the laws of the State or Territory from which he or she +fled, owe services or labor to the person claiming him or her, it shall +be the duty of such judge or magistrate to give a certificate thereof to +such claimant, his agent or attorney, which shall be sufficient warrant +for removing the said fugitive from labor to the State or Territory from +which he or she fled.</p> + +<p><i>And he it further enacted</i>, That any person who shall knowingly and +willingly obstruct or hinder such claimant, his agent or attorney, in so +seizing or arresting such fugitive from labor, or shall rescue<span class='pagenum'><a name="Page_55" id="Page_55">[Pg 55]</a></span> such +fugitive from such claimant, his agent or attorney, when so arrested +pursuant to the authority herein given or declared, or shall harbor or +conceal such person after notice that he or she was a fugitive from +labor as aforesaid, shall, for either of the said offences, forfeit and +pay the sum of five hundred dollars. Which penalty may be recovered by +and for the benefit of such claimant, by action of debt, in any court +proper to try the same; saving, moreover, to the person claiming such +labor or service, his right of action for or on account of the said +injuries, or either of them.</p> + + + +<hr /> +<h2><a name="THE_FUGITIVE_SLAVE_BILL_OF_1850" id="THE_FUGITIVE_SLAVE_BILL_OF_1850"></a>THE FUGITIVE SLAVE BILL OF 1850.</h2> + +<h4>SIGNED SEPTEMBER 18, 1850.</h4> + +<div class="blockquot"><p class="hang"><i>An Act to amend, and supplementary to the Act entitled "An Act +respecting Fugitives from Justice, and Persons escaping from the +Service of their Masters," approved February twelfth, one thousand +seven hundred and ninety-three.</i></p></div> + + +<p><i>Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled</i>, That the persons who have +been, or may hereafter be, appointed commissioners, in<span class='pagenum'><a name="Page_56" id="Page_56">[Pg 56]</a></span> virtue of any +act of Congress, by the Circuit Courts of the United States, and who, in +consequence of such appointment, are authorized to exercise the powers +that any justice of the peace, or other magistrate of any of the United +States, may exercise in respect to offenders for any crime or offence +against the United States, by arresting, imprisoning, or bailing the +same under and by virtue of the thirty-third section of the act of the +twenty-fourth of September, seventeen hundred and eighty-nine, entitled +"An Act to establish the judicial courts of the United States," shall +be, and are hereby, authorized and required to exercise and discharge +all the powers and duties conferred by this act.</p> + +<p><i>And be it further enacted</i>, That the Superior Court of each organized +Territory of the United States shall have the same power to appoint +commissioners to take acknowledgments of bail and affidavits, and to +take depositions of witnesses in civil causes, which is now possessed by +the Circuit Court of the United States; and all commissioners who shall +hereafter be appointed for such purposes by the Supreme Court of any +organized Territory of the United States, shall possess all the powers, +and exercise all the duties, conferred by law upon the commissioners +appointed by the Circuit Courts of the United States for similar +purposes, and shall<span class='pagenum'><a name="Page_57" id="Page_57">[Pg 57]</a></span> moreover exercise and discharge all the powers and +duties conferred by this act.</p> + +<p><i>And be it further enacted</i>, That the Circuit Courts of the United +States, and the Superior Courts of each organized Territory of the +United States, shall from time to time enlarge the number of +commissioners, with a view to afford reasonable facilities to reclaim +fugitives from labor, and to the prompt discharge of the duties imposed +by this act.</p> + +<p><i>And be it further enacted</i>, That the commissioners above named shall +have concurrent jurisdiction with the judges of the Circuit and District +Courts of the United States, in their respective circuits and districts +within the several States, and the judges of the Superior Courts of the +Territories severally and collectively, in term time and vacation; and +shall grant certificates to such claimants upon satisfactory proof being +made, with authority to take and remove such fugitives from service or +labor, under the restrictions herein contained, to the State or +Territory from which such persons may have escaped or fled.</p> + +<p><i>And he it further enacted</i>, That it shall be the duty of all marshals +and deputy marshals to obey and execute all warrants and precepts issued +under the provisions of this act, when to them directed; and should any +marshal or deputy marshal refuse to<span class='pagenum'><a name="Page_58" id="Page_58">[Pg 58]</a></span> receive such warrant, or other +process, when tendered, or to use all proper means diligently to execute +the same, he shall, on conviction thereof, be fined in the sum of one +thousand dollars, to the use of such claimant, on the motion of such +claimant, by the Circuit or District Court for the district of such +marshal; and after arrest of such fugitive, by such marshal or his +deputy, or whilst at any time in his custody, under the provisions of +this act, should such fugitive escape, whether with or without the +assent of such marshal or his deputy, such marshal shall be liable, on +his official bond, to be prosecuted for the benefit of such claimant, +for the full value of the service or labor of said fugitive in the +State, Territory, or district whence he escaped; and the better to +enable said commissioners, when thus appointed, to execute their duties +faithfully and efficiently, in conformity with the requirements of the +constitution of the United States, and of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, any one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties; +with authority to such commissioners, or the persons to be appointed by +them, to execute process as aforesaid,<span class='pagenum'><a name="Page_59" id="Page_59">[Pg 59]</a></span> to summon and call to their aid +the bystanders, or <i>posse comitatus</i> of the proper county, when +necessary to insure a faithful observance of the clause of the +constitution referred to, in conformity with the provisions of this act; +and all good citizens are hereby commanded to aid and assist in the +prompt and efficient execution of this law, whenever their services may +be required, as aforesaid, for that purpose; and said warrants shall +run, and be executed by said officers, any where in the State within +which they are issued.</p> + +<p><i>And be it further enacted</i>, That when a person held to service or labor +in any State or Territory of the United States has heretofore or shall +hereafter escape into another State or Territory of the United States, +the person or persons to whom such service or labor may be due, or his, +her, or their agent or attorney, duly authorized by power of attorney, +in writing acknowledged and certified under the seal of some legal +officer or court of the State or Territory in which the same may be +executed, may pursue and reclaim such fugitive person, either by +procuring a warrant from some one of the courts, judges, or +commissioners aforesaid, of the proper circuit, district, or county, for +the apprehension of such fugitive from service or labor, or by seizing +and arresting such fugitive where the same can be done without process,<span class='pagenum'><a name="Page_60" id="Page_60">[Pg 60]</a></span> +and by taking, or causing such person to be taken forthwith before such +court, judge, or commissioner, whose duty it shall be to hear and +determine the case of such claimant in a summary manner; and upon +satisfactory proof being made, by deposition or affidavit, in writing, +to be taken and certified by such court, judge, or commissioner, or by +other satisfactory testimony, duly taken and certified by some court, +magistrate, justice of the peace, or other legal officer authorized to +administer an oath and take depositions under the laws of the State or +Territory from which such person owing service or labor may have +escaped, with a certificate of such magistracy, or other authority as +aforesaid, with the seal of the proper court or officer thereto +attached, which seal shall be sufficient to establish the competency of +the proof, also by affidavit, of the identity of the person whose +service or labor is claimed to be due as aforesaid, that the person so +arrested does in fact owe service or labor to the person or persons +claiming him or her, in the State or Territory from which such fugitive +may have escaped as aforesaid, and that said person escaped, to make out +and deliver to such claimant, his or her agent or attorney, a +certificate setting forth the substantial facts as to the service or +labor due from such fugitive to the claimant, and of his or her escape +from the State or<span class='pagenum'><a name="Page_61" id="Page_61">[Pg 61]</a></span> Territory in which such service or labor was due to +the State or Territory in which he or she was arrested, with authority +to such claimant, or his or her agent or attorney, to use such +reasonable force and restraint as may be necessary, under the +circumstances of the case, to take and remove such fugitive person back +to the State or Territory whence he or she may have escaped as +aforesaid. In no trial or hearing under this act shall the testimony of +such alleged fugitive be admitted in evidence; and the certificates in +this and the first (fourth) section mentioned, shall be conclusive of +the right of the person or persons in whose favor granted, to remove +such fugitive to the State or Territory from which he escaped, and shall +prevent all molestation of such person or persons by any process issued +by any court, judge, magistrate, or other person whomsoever.</p> + +<p><i>And be it further enacted</i>, That any person who shall knowingly and +willingly obstruct, hinder, or prevent such claimant, his agent or +attorney, or any person or persons lawfully assisting him, her, or them, +from arresting such a fugitive from service or labor, either with or +without process as aforesaid, or shall rescue or attempt to rescue such +fugitive from service or labor from the custody of such claimant, his or +her agent or attorney, or other person or persons lawfully assisting as +aforesaid, when<span class='pagenum'><a name="Page_62" id="Page_62">[Pg 62]</a></span> so arrested pursuant to the authority herein given and +declared, or shall aid, abet, or assist such person so owing service or +labor as aforesaid, directly or indirectly, to escape from such +claimant, his agent or attorney, or other person or persons legally +authorized as aforesaid, or shall harbor or conceal such fugitive, so as +to prevent the discovery and arrest of such person, after notice or +knowledge of the fact that such person was a fugitive from service or +labor as aforesaid, shall, for either of said offences, be subject to a +fine not exceeding one thousand dollars, and imprisonment not exceeding +six months, by indictment and conviction before the District Court of +the United States for the district in which such offence may have been +committed, or before the proper court of criminal jurisdiction, if +committed within any one of the organized Territories of the United +States, and shall moreover forfeit and pay, by way of civil damages to +the party injured by such illegal conduct, the sum of one thousand +dollars for each fugitive so lost as aforesaid, to be recovered by +action of debt in any of the district or territorial courts aforesaid, +within whose jurisdiction the said offence may have been committed.</p> + +<p><i>And be it further enacted</i>, That the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the<span class='pagenum'><a name="Page_63" id="Page_63">[Pg 63]</a></span> like fees as may be allowed to them for similar +services in other cases; and where such services are rendered +exclusively in the arrest, custody, and delivery of the fugitive to the +claimant, his or her agent or attorney, or where such supposed fugitive +may be discharged out of custody for the want of sufficient proof as +aforesaid, then such fees are to be paid in the whole by such claimant, +his agent or attorney; and in all cases where the proceedings are before +a commissioner, he shall be entitled to a fee of ten dollars in full for +his services in each case, upon the delivery of the said certificate to +the claimant, his or her agent or attorney; or a fee of five dollars in +cases where the proof shall not, in the opinion of such commissioner, +warrant such certificate and delivery, inclusive of all services +incident to such arrest or examination, to be paid in either case by the +claimant, his or her agent or attorney. The person or persons authorized +to execute the process to be issued by such commissioner for the arrest +and detention of fugitives from service or labor as aforesaid, shall +also be entitled to a fee of five dollars each, for each person he or +they may arrest and take before any such commissioner, as aforesaid, at +the instance and request of such claimant, with such other fees as may +be deemed reasonable by such commissioners for such other additional +services as<span class='pagenum'><a name="Page_64" id="Page_64">[Pg 64]</a></span> may be necessarily performed by him or them; such as +attending at the examination, keeping the fugitive in custody, and +providing him with food and lodging during his detention and until the +final determination of such commissioner; and, in general, for +performing such other duties as may be required by such claimant, his or +her attorney or agent, or commissioner in the premises. Such fees to be +made up in conformity with the fees usually charged by the officers of +the courts of justice within the proper district or county, as near as +may be practicable, and paid by such claimants, their agents or +attorneys, whether such supposed fugitives from service or labor be +ordered to be delivered to such claimants by the final determination of +such commissioner or not.</p> + +<p><i>And be it further enacted</i>, That, upon affidavit made by the claimant +of such fugitive, his agent or attorney, after such certificate has been +issued that he has reason to apprehend that such fugitive will be +rescued by force from his or her possession before he can be taken +beyond the limits of the State in which the arrest is made, it shall be +the duty of the officer making the arrest to retain such fugitive in his +custody, and to remove him to the State whence he fled, and there +deliver him to said claimant, his agent or attorney. And to this end, +the officer<span class='pagenum'><a name="Page_65" id="Page_65">[Pg 65]</a></span> aforesaid is hereby authorized and required to employ so +many persons as he may deem necessary to overcome such force, and to +retain them in his service so long as circumstances may require. The +said officer and his assistants while so employed to receive the +compensation, and to be allowed the same expenses, as are now allowed by +law for transportation of criminals, to be certified by the judge of the +district within which the arrest is made, and paid out of the Treasury +of the United States.</p> + +<p><i>And be it further enacted</i>, That when any person held to service or +labor in any State or Territory, or in the District of Columbia, shall +escape therefrom, the party to whom such service or labor may be due, +his, her, or their agent or attorney, may apply to any court of record +therein, or judge thereof in vacation, and make satisfactory proof to +such court, or judge in vacation, of the escape aforesaid, and that the +person escaping owed service or labor to such party. Whereupon the court +shall cause a record to be made of the matters so proved, and also a +general description of the person so escaping with such convenient +certainty as may be; and a transcript of such record, authenticated by +the attestation of the clerk and of the seal of the said court, being +produced in any other State, Territory, or district in which the person +so escaping may be<span class='pagenum'><a name="Page_66" id="Page_66">[Pg 66]</a></span> found, and being exhibited to any judge, +commissioner, or other officer authorized by the law of the United +States to cause persons escaping from service or labor to be delivered +up, shall be held and taken to be full and conclusive evidence of the +fact of the escape, and that the service or labor of the person escaping +is due to the party in such record mentioned. And upon the production by +the said party of other and further evidence if necessary, either oral +or by affidavit, in addition to what is contained in the said record of +the identity of the person escaping, he or she shall be delivered up to +the claimant. And the said court, commissioner, judge, or other person +authorized by this act to grant certificates to claimants of fugitives, +shall, upon the production of the record and other evidences aforesaid, +grant to such claimant a certificate of his right to take any such +person identified and proved to be owing service or labor as aforesaid, +which shall authorize such claimant to seize or arrest and transport +such person to the State or Territory from which he escaped. <i>Provided</i>, +That nothing herein contained shall be construed as requiring the +production of a transcript of such record as evidence as aforesaid. But +in its absence the claim shall be heard and determined upon other +satisfactory proofs, competent in law.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_67" id="Page_67">[Pg 67]</a></span></p> +<h2><a name="THE_MISSOURI_COMPROMISE" id="THE_MISSOURI_COMPROMISE"></a>THE MISSOURI COMPROMISE.</h2> + +<h4>ADOPTED MARCH 6, 1820.</h4> + +<div class="blockquot"><p class="hang"><i>An Act to authorize the People of the Missouri Territory 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, +and to prohibit Slavery in certain Territories.</i></p></div> + +<p><small>(All the previous sections of this act relate entirely to the +formation of the Missouri Territory in the usual form of +territorial bills, the 8th section only relating to the slavery +question.)</small></p> + + +<p><i>And be it further enacted</i>, That in all that Territory ceded by France +to the United States, under the name of Louisiana, which lies north of +thirty-six degrees and thirty minutes north latitude, not included +within the limits of the State contemplated by their act, slavery and +involuntary servitude, otherwise than in the punishment of crimes, +whereof the parties shall have been duly convicted,<span class='pagenum'><a name="Page_68" id="Page_68">[Pg 68]</a></span> shall be, and is +hereby, forever prohibited. <i>Provided always</i>, That any person escaping +into the same, from whom labor or service is lawfully claimed, in any +State or Territory of the United States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service as aforesaid.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_69" id="Page_69">[Pg 69]</a></span></p> +<h2><a name="THE_STATES_OF_THE_UNION" id="THE_STATES_OF_THE_UNION"></a>THE STATES OF THE UNION.</h2> + + +<p>The following is a list of the States constituting the Union, with the +dates of their admission. The thirty-six stars in our national flag are +therefore designated as under:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Date States Joined the Union"> +<tr> + <td align='left'>Delaware</td> + <td align='left'>Dec. 7, 1787.</td> +</tr> +<tr> + <td align='left'>Pennsylvania</td> + <td align='left'>Dec. 12, 1787.</td> +</tr> +<tr> + <td align='left'>New Jersey</td> + <td align='left'>Dec. 13, 1787.</td> +</tr> +<tr> + <td align='left'>Georgia</td> + <td align='left'>Jan. 2, 1788.</td> +</tr> +<tr> + <td align='left'>Connecticut</td> + <td align='left'>Jan. 9, 1788.</td> +</tr> +<tr> + <td align='left'>Massachusetts</td> + <td align='left'>Feb. 6, 1788.</td> +</tr> +<tr> + <td align='left'>Maryland</td> + <td align='left'>April 28, 1788.</td> +</tr> +<tr> + <td align='left'>South Carolina</td> + <td align='left'>May 23, 1788.</td> +</tr> +<tr> + <td align='left'>N. Hampshire</td> + <td align='left'>June 21, 1788.</td> +</tr> +<tr> + <td align='left'>Virginia</td> + <td align='left'>June 26, 1788.</td> +</tr> +<tr> + <td align='left'>New York</td> + <td align='left'>July 26, 1788.</td> +</tr> +<tr> + <td align='left'>N. Carolina</td> + <td align='left'>Nov. 21, 1789.</td> +</tr> +<tr> + <td align='left'>Rhode Island</td> + <td align='left'>May 29, 1790.</td> +</tr> +<tr> + <td align='left'>Vermont</td> + <td align='left'>March 4, 1791.</td> +</tr> +<tr> + <td align='left'>Kentucky</td> + <td align='left'>June 1, 1792.</td> +</tr> +<tr> + <td align='left'>Tennessee</td> + <td align='left'>June 1, 1796.</td> +</tr> +<tr> + <td align='left'>Ohio</td> + <td align='left'>Nov. 29, 1802.</td> +</tr> +<tr> + <td align='left'>Louisiana</td> + <td align='left'>April 8, 1812.</td> +</tr> +<tr> + <td align='left'>Indiana</td> + <td align='left'>Dec. 11, 1816.</td> +</tr> +<tr> + <td align='left'>Mississippi</td> + <td align='left'>Dec. 16, 1817.</td> +</tr> +<tr> + <td align='left'>Illinois</td> + <td align='left'>Dec. 3, 1818.</td> +</tr> +<tr> + <td align='left'>Alabama</td> + <td align='left'>Dec. 14, 1819.</td> +</tr> +<tr> + <td align='left'>Maine</td> + <td align='left'>March 15, 1820.</td> +</tr> +<tr> + <td align='left'>Missouri</td> + <td align='left'>Aug. 10, 1821.</td> +</tr> +<tr> + <td align='left'>Arkansas</td> + <td align='left'>June 15, 1836.</td> +</tr> +<tr> + <td align='left'>Michigan</td> + <td align='left'>Jan. 26, 1837.</td> +</tr> +<tr> + <td align='left'>Florida</td> + <td align='left'>March 3, 1845.</td> +</tr> +<tr> + <td align='left'>Texas</td> + <td align='left'>Dec. 29, 1845.</td> +</tr> +<tr> + <td align='left'>Iowa</td> + <td align='left'>Dec. 28, 1846.</td> +</tr> +<tr> + <td align='left'>Wisconsin</td> + <td align='left'>May 29, 1848.</td> +</tr> +<tr> + <td align='left'>California</td> + <td align='left'>Sept. 9, 1850.</td> +</tr> +<tr> + <td align='left'>Minnesota</td> + <td align='left'>Dec., 1857.</td> +</tr> +<tr> + <td align='left'>Oregon</td> + <td align='left'>Dec., 1858.</td> +</tr> +<tr> + <td align='left'>Kansas</td> + <td align='left'>March, 1862.</td> +</tr> +<tr> + <td align='left'>West Virginia</td> + <td align='left'>Feb., 1863.</td> +</tr> +<tr> + <td align='left'>Nevada</td> + <td align='left'>Oct., 1864.</td> +</tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_70" id="Page_70">[Pg 70]</a></span></p> +<h2><a name="INAUGURAL_ADDRESS_OF_GEORGE_WASHINGTON" id="INAUGURAL_ADDRESS_OF_GEORGE_WASHINGTON"></a>INAUGURAL ADDRESS OF GEORGE WASHINGTON.</h2> + +<h4>FIRST PRESIDENT OF THE UNITED STATES, DELIVERED APRIL 30, 1789.</h4> + + +<p><span class="smcap">Fellow-Citizens of the Senate and House of Representatives</span>—Among the +vicissitudes incident to life, no event could have filled me with +greater anxieties than that of which the notification was transmitted by +your order, and received on the fourteenth day of the present month. On +the one hand I was summoned by my country, whose voice I can never hear +but with veneration and love, from a retreat which I had chosen with the +fondest predilection, and in my flattering hopes with an immutable +decision as the asylum of my declining years; a retreat which was +rendered every day more necessary as well as more dear to me, by the +addition of habit to inclination, and of frequent interruptions in my +health to the gradual waste committed on it by time.<span class='pagenum'><a name="Page_71" id="Page_71">[Pg 71]</a></span> On the other hand, +the magnitude and difficulty of the trust to which the voice of my +country called me being sufficient to awaken in the wisest and most +experienced of her citizens a distrustful scrutiny into his +qualifications, could not but overwhelm with despondence one who, +inheriting inferior endowments from nature, and unpracticed in the +duties of civil administration, ought to be peculiarly conscious of his +own deficiencies. In this conflict of emotions, all I dare aver is, that +it has been my faithful study to collect my duty from a just +appreciation of every circumstance by which it might be affected. All I +dare hope is, that if, in executing this task, I have been too much +swayed by a grateful remembrance of former instances, or by any +affectionate sensibility to this transcendent proof of the confidence of +my fellow-citizens, and have thence too little consulted my incapacity +as well as disinclination, for the weighty and untried cares before me, +my error will be palliated by the motives which misled me, and its +consequences be judged by my country with some share of the partiality +with which they originated.</p> + +<p>Such being the impressions under which I have, in obedience to the +public summons, repaired to the present station, it would be peculiarly +improper to omit in this first official act, my fervent supplications to +that Almighty Being who rules over the<span class='pagenum'><a name="Page_72" id="Page_72">[Pg 72]</a></span> universe, who presides in the +councils of nations, and whose providential aids can supply every human +defect that his benediction may consecrate to the liberties and +happiness of the people of the United States, a government instituted by +themselves for these essential purposes, and may enable every instrument +employed in its administration to execute with success the functions +allotted to his charge. In tendering this homage to the great author of +every public and private good, I assure myself that it expresses your +sentiments, not less than my own, nor those of my fellow-citizens at +large less than either. No people can be bound to acknowledge and adore +the invisible hand which conducts the affairs of men more than the +people of the United States. Every step by which they have advanced to +the character of an independent nation seems to have been distinguished +by some token of providential agency, and in the important revolution +just accomplished in the system of their united government the tranquil +deliberations and voluntary consent of so many distinct communities from +which the event has resulted cannot be compared with the means by which +most governments have been established without some return of pious +gratitude along with a humble anticipation of the future blessings which +the past seem to presage. These reflections arising out of the present +crisis<span class='pagenum'><a name="Page_73" id="Page_73">[Pg 73]</a></span> have forced themselves too strongly on my mind to be suppressed. +You will join with me, I trust, in thinking that there are none under +the influence of which the proceedings of a new and free government can +more auspiciously commence.</p> + +<p>By the article establishing the executive department it is made the duty +of the President "to recommend to your consideration such measures as he +shall judge necessary and expedient." The circumstances under which I +now meet you will acquit me from entering into that subject farther than +to refer to the great constitutional charter under which you are +assembled, and which in defining your powers designates the objects to +which your attention is to be given. It will be more consistent with +those circumstances, and far more congenial with the feelings which +actuate me to substitute in place of a recommendation of particular +measures, the tribute that is due to the talents, the rectitude, and the +patriotism which adorn the characters selected to devise and adopt them. +In these honorable qualifications, I behold the surest pledges that as +on one side no local prejudices or attachments, no separate views, no +party animosities will misdirect the comprehensive and equal eye which +ought to watch over this great assemblage of communities and interests, +so on another, that the foundations of our national policy<span class='pagenum'><a name="Page_74" id="Page_74">[Pg 74]</a></span> will be laid +in the pure and immutable principles of private morality, and the +pre-eminence of free government be exemplified by all the attributes +which can win the affections of its citizens and command the respect of +the world. I dwell on this prospect with every satisfaction which an +ardent love for my country can inspire, since there is no truth more +thoroughly established than that there exists in the economy and course +of nature, an indissoluble union between virtue and happiness, between +duty and advantage, between the genuine maxims of an honest and +magnanimous policy and the solid rewards of the public prosperity and +felicity. Since we ought to be no less persuaded that the propitious +smiles of heaven can never be expected on a nation that disregards the +eternal rules of order and right which heaven itself has ordained, and +since the preservation of the sacred fire of Liberty, and the destiny of +the republican model of government are justly considered as deeply, +perhaps as finally staked on the experiment entrusted to the hands of +the American people. Besides the ordinary objects submitted to your +care, it will remain with your judgment to decide how far an exercise of +the occasional power delegated by the fifth article of the Constitution +is rendered expedient at the present juncture by the nature of the +objections which have been urged against<span class='pagenum'><a name="Page_75" id="Page_75">[Pg 75]</a></span> the system, or by the degree +of inquietude which has given birth to them. Instead of undertaking +particular recommendations on this subject in which I could be guided by +no lights derived from official opportunities, I shall again give way to +my entire confidence in your discernment and pursuit of the public good, +for I assure myself that while you carefully avoid every alteration +which might endanger the benefits of an united and effective government, +or which ought to await the future lessons of experience, a reverence +for the characteristic rights of freemen, and a regard for the public +harmony will sufficiently influence your deliberations on the question, +how far the former can be more impregnably fortified, or the latter be +safely and advantageously promoted.</p> + +<p>To the preceding observations I have one to add, which will be most +properly addressed to the House of Representatives. It concerns myself, +and will, therefore, be as brief as possible. When I was first honored +with a call into the service of my country, then on the eve of an +arduous struggle for its liberties, the light in which I contemplated my +duty required that I should renounce every pecuniary compensation. From +this resolution I have in no instance departed, and being still under +the impressions which produced it, I must decline as inapplicable<span class='pagenum'><a name="Page_76" id="Page_76">[Pg 76]</a></span> to +myself any share in the personal emoluments which may be indispensably +included in a permanent provision for the executive department, and must +accordingly pray that the pecuniary estimates for the station in which I +am placed, may, during my continuance in it, be limited to such actual +expenditures as the public good may be thought to require.</p> + +<p>Having thus imparted to you my sentiments, as as they have been awakened +by the occasion which brings us together, I shall take my present leave, +but not without resorting once more to the benign parent of the human +race in humble supplication, that since he has been pleased to favor the +American people with opportunities for deliberating in perfect +tranquillity, and dispositions for deciding with unparalleled unanimity +on a form of government for the security of their union and the +advancement of their happiness, so His divine blessing may be equally +conspicuous in the enlarged views, the temperate consultations, and the +wise measures on which the success of this government must depend.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_77" id="Page_77">[Pg 77]</a></span></p> +<h2><a name="WASHINGTONS_FAREWELL_ADDRESS" id="WASHINGTONS_FAREWELL_ADDRESS"></a>WASHINGTON'S FAREWELL ADDRESS.</h2> + + +<p><span class="smcap">Friends and Fellow-Citizens</span>—The period for a new election of a citizen +to administer the executive government of the United States not being +far distant, and the time actually arrived when your thoughts must be +employed in designating the person who is to be clothed with that +important trust, it appears to me proper, especially as it may conduce +to a more distinct expression of the public voice, that I should now +apprise you of the resolution I have formed, to decline being considered +among the number of those out of whom a choice is to be made.</p> + +<p>I beg you, at the same time, to do me the justice to be assured that +this resolution has not been taken without a strict regard to all the +considerations appertaining to the relation which binds a dutiful +citizen to his country; and that, in withdrawing the tender of service +which silence, in my situation,<span class='pagenum'><a name="Page_78" id="Page_78">[Pg 78]</a></span> might imply, I am influenced by no +diminution of zeal for your future interest, no deficiency of grateful +respect for your past kindness, but am supported by a full conviction +that the step is compatible with both.</p> + +<p>The acceptance of, and continuance hitherto in, the office to which your +suffrages have twice called me, have been a uniform sacrifice of +inclination to the opinion of duty, and to a deference for what appeared +to be your desire. I constantly hoped that it would have been much +earlier in my power, consistently with motives which I was not at +liberty to disregard, to return to that retirement from which I had been +reluctantly drawn. The strength of my inclination to do this, previous +to the last election, had been led to the preparation of an address to +declare it to you; but mature reflection on the then perplexed and +critical posture of our affairs with foreign nations, and the unanimous +advice of persons entitled to my confidence, impelled me to abandon the +idea.</p> + +<p>I rejoice that the state of your concerns, external as well as internal, +no longer renders the pursuit of inclination incompatible with the +sentiment of duty or propriety; and am persuaded, whatever partiality +may be retained for my services, that, in the present circumstances of +our country, you will not disapprove my determination to retire.</p> + +<p><span class='pagenum'><a name="Page_79" id="Page_79">[Pg 79]</a></span></p><p>The impressions with which I first undertook the arduous trust were +explained on the proper occasion. In the discharge of this trust, I will +only say, that I have with good intentions contributed toward the +organization and administration of the government the best exertions of +which a very fallible judgment was capable. Not unconscious in the +outset of the inferiority of my qualifications, experience, in my own +eyes—perhaps still more in the eyes of others—has strengthened the +motives to diffidence of myself; and every day the increasing weight of +years admonishes me, more and more, that the shade of retirement is as +necessary to me as it will be welcome. Satisfied that, if any +circumstances have given peculiar value to my services, they were +temporary, I have the consolation to believe that, while choice and +prudence invite me to quit the political scene, patriotism does not +forbid it.</p> + +<p>In looking forward to the moment which is intended to terminate the +career of my public life, my feelings do not permit me to suspend the +deep acknowledgment of that debt of gratitude which I owe to my beloved +country for the many honors it has conferred upon me; still more for the +steadfast confidence with which it has supported me, and for the +opportunities I have thence enjoyed of manifesting my inviolable +attachment, by services faithful and<span class='pagenum'><a name="Page_80" id="Page_80">[Pg 80]</a></span> persevering, though in usefulness +unequal to my zeal. If benefits have resulted to our country from these +services, let it always be remembered to your praise, and as an +instructive example in our annals, that, under circumstances in which +the passions, agitated in every direction, were liable to mislead; amid +appearances sometimes dubious, vicissitudes of fortune often +discouraging; in situations in which, not unfrequently, want of success +has countenanced the spirit of criticism—the constancy of your support +was the essential prop of the efforts, and a guarantee of the plans by +which they were effected. Profoundly penetrated with this idea, I shall +carry it with me to my grave, as a strong incitement to unceasing vows +that Heaven may continue to you the choicest tokens of its beneficence; +that your union and brotherly affection may be perpetual; that the free +constitution, which is the work of your hands, may be sacredly +maintained; that its administration, in every department, may be stamped +with wisdom and virtue; that, in fine, the happiness of the people of +these States, under the auspices of liberty, may be made complete, by so +careful a preservation and so prudent a use of this blessing as will +acquire to them the glory of recommending it to the applause, the +affection, and the adoption of every nation which is yet a stranger to +it.</p> + +<p><span class='pagenum'><a name="Page_81" id="Page_81">[Pg 81]</a></span></p><p>Here, perhaps, I ought to stop; but a solicitude for your welfare, +which can not end but with my life, and the apprehension of danger +natural to that solicitude, urge me, on an occasion like the present to +offer to your solemn contemplation, and to recommend to your frequent +review, some sentiments, which are the result of much reflection, of no +inconsiderable observation, and which appear to me all-important to the +permanency of your felicity as a people. These will be afforded to you +with the more freedom, as you can only see them in the disinterested +warnings of a parting friend, who can possibly have no personal motive +to bias his counsel; nor can I forget, as an encouragement to it, your +indulgent reception of my sentiments on a former and not dissimilar +occasion.</p> + +<p>Interwoven as is the love of liberty with every ligament of your hearts, +no recommendation of mine is necessary to fortify or confirm the +attachment.</p> + +<p>The unity of government, which constitutes you one people, is also now +dear to you. It is justly so; for it is a main pillar in the edifice of +your real independence, the support of your tranquillity at home, your +peace abroad, of your safety, of your prosperity, of that very liberty +which you so highly prize. But as it is easy to forsee that from +different causes and from different quarters much pains will be taken,<span class='pagenum'><a name="Page_82" id="Page_82">[Pg 82]</a></span> +many artifices employed, to weaken in your minds the conviction of this +truth—as this is the point in your political fortress against which the +batteries of internal and external enemies will be most constantly and +actively (though often covertly and insidiously) directed—it is of +infinite moment that you should properly estimate the immense value of +your national union to your collective and individual happiness; that +you should cherish a cordial, habitual, and immovable attachment to it, +accustoming yourselves to think and speak of it as of the palladium of +your political safety and prosperity; watching for its preservation with +jealous anxiety; discountenancing whatever may suggest even a suspicion +that it can, in any event, be abandoned; and indignantly frowning upon +the first dawning of every attempt to alienate any portion of our +country from the rest, or to enfeeble the sacred ties which now link +together the various parts.</p> + +<p>For this you have every inducement of sympathy and interest. Citizens, +by birth or choice of a common country, that country has a right to +concentrate your affections. The name of <i>American</i>, which belongs to +you in your national capacity, must always exalt the just pride of +patriotism more than any appellation derived from local discriminations. +With slight shades of difference, you have the same<span class='pagenum'><a name="Page_83" id="Page_83">[Pg 83]</a></span> religion, manners, +habits, and political principles. You have, in a common cause, fought +and triumphed together; the independence and liberty you possess are the +work of joint counsels and joint efforts, of common dangers, sufferings, +and successes.</p> + +<p>But these considerations, however powerfully they address themselves to +your sensibility, are greatly outweighed by those which apply more +immediately to your interest; here every portion of our country finds +the most commanding motives for carefully guarding and preserving the +union of the whole.</p> + +<p>The North, in an unrestrained intercourse with the South, protected by +the equal laws of a common government, finds, in the productions of the +latter, great additional resources of maritime and commercial +enterprise, and precious materials of manufacturing industry. The South, +in the same intercourse, benefiting by the agency of the North, sees its +agriculture grow and its commerce expand. Turning partly into its own +channels the seamen of the North, it finds its particular navigation +invigorated; and while it contributes, in different ways, to nourish and +increase the general mass of the national navigation, it looks forward +to the protection of a maritime strength to which itself is unequally +adapted. The<span class='pagenum'><a name="Page_84" id="Page_84">[Pg 84]</a></span> East, in like intercourse with the West, already finds, +and, in the progressive improvement of interior communication, by land +and water, will more and more find, a valuable vent for the commodities +which it brings from abroad or manufactures at home. The West derives +from the East supplies requisite for its growth and comfort, and, what +is perhaps of still greater consequence, it must, of necessity, owe the +secure enjoyment of indispensable outlets for its own productions to the +weight, influence, and the future maritime strength of the Atlantic side +of the Union, directed by an indissoluble community of interest as one +nation. Any other tenure by which the West can hold this essential +advantage, whether derived from its own separate strength or from an +apostate and unnatural connection with any foreign power, must be +intrinsically precarious.</p> + +<p>While, then, every part of our country thus feels an immediate and +particular interest in union, all the parts combined can not fail to +find, in the united mass of means and efforts, greater strength, greater +resource, proportionably greater security from external danger, a less +frequent interruption of their peace by foreign nations, and, what is of +inestimable value, they must derive from union an exemption from those +broils and wars between themselves, which so frequently afflict +neighboring countries, not<span class='pagenum'><a name="Page_85" id="Page_85">[Pg 85]</a></span> tied together by the same government, which +their own rivalships alone would be sufficient to produce, but which +opposite foreign alliances, attachments, and intrigues would stimulate +and embitter. Hence, likewise, they will avoid the necessity of those +over-grown military establishments, which, under any form of government, +are inauspicious to liberty, and which are to be regarded as +particularly hostile to republican liberty; in this sense it is that +your union ought to be considered as the main prop of your liberty, and +that the love of the one ought to endear to you the preservation of the +other.</p> + +<p>These considerations speak a persuasive language to every reflecting and +virtuous mind, and exhibit a continuance of the Union as a primary +object of patriotic desire. Is there a doubt whether a common government +can embrace so large a sphere? Let experience solve it. To listen to +mere speculation, in such a case, were criminal. We are authorized to +hope that a proper organization of the whole, with the auxiliary agency +of governments for the respective subdivisions, will afford a happy +issue to the experiment. It is well worth a full and fair experiment. +With such powerful and obvious motives to union, affecting all parts of +our country, while experience shall not have demonstrated its +impracticability, there will always be reason to distrust the<span class='pagenum'><a name="Page_86" id="Page_86">[Pg 86]</a></span> +patriotism of those who, in any quarter, may endeavor to weaken its +bands.</p> + +<p>In contemplating the causes which may disturb our Union, it occurs, as a +matter of serious concern, that any ground should have been furnished +for characterizing parties by geographical discriminations—Northern and +Southern, Atlantic and Western—whence designing men may endeavor to +excite a belief that there is real difference of local interests and +views. One of the expedients of party to acquire influence within +particular districts is to misrepresent the opinions and aims of other +districts. You can not shield yourselves too much against the jealousies +and heart-burnings which spring from these misrepresentations; they tend +to render alien to each other those who ought to be bound together by +fraternal affection. The inhabitants of our Western country have lately +had a useful lesson on this head; they have seen in the negotiation by +the Executive, and in the unanimous ratification by the Senate, of the +treaty with Spain, and in the universal satisfaction at that event +throughout the United States, a decisive proof how unfounded were the +suspicions propagated among them, of a policy in the general government, +and in the Atlantic States, unfriendly to their interests in regard to +the Mississippi; they have been witnesses to the formation of two +treaties—that with<span class='pagenum'><a name="Page_87" id="Page_87">[Pg 87]</a></span> Great Britain and that with Spain—which secure to +them everything they could desire in respect to our foreign relations, +toward confirming their prosperity. Will it not be their wisdom to rely +for the preservation of these advantages on the Union by which they were +procured? Will they not henceforth be deaf to those advisers, if such +there are, who would sever them from their brethren and connect them +with aliens?</p> + +<p>To the efficacy and permanency of your Union, a government for the whole +is indispensable. No alliance, however strict, between the parts, can be +an adequate substitute; they must inevitably experience the infractions +and interruptions which all alliances, in all time, have experienced. +Sensible of this momentous truth, you have improved upon your first +essay, by the adoption of a constitution of government better calculated +than your former for an intimate Union, and for the efficacious +management of your common concerns. This government, the offspring of +your own choice, uninfluenced and unawed, adopted upon full +investigation and mature deliberation, completely free in its +principles, in the distribution of its powers, uniting security with +energy, and containing within itself a provision for its own amendment, +has a just claim to your confidence and your support. Respect for its +authority, compliance<span class='pagenum'><a name="Page_88" id="Page_88">[Pg 88]</a></span> with its laws, acquiescence in its measures, are +duties enjoined by the fundamental maxims of liberty. The basis of our +political systems is the right of the people to make and to alter their +constitutions of government; but the constitution which at any time +exists, till changed by an explicit and authentic act of the whole +people, is sacredly obligatory upon all. The very idea of the power and +the right of the people to establish government presupposes the duty of +every individual to obey the established government.</p> + +<p>All obstructions to the execution of the laws, all combinations and +associations, under whatever plausible character, with the real design +to direct, control, counteract, or awe the regular deliberation and +action of the constituted authorities, are destructive to this +fundamental principle, and of fatal tendency. They serve to organize +faction, to give it an artificial and extraordinary force, to put in the +place of the delegated will of the nation the will of a party—often a +small but artful and enterprising minority of the community—and, +according to the alternate triumphs of different parties, to make the +public administration the mirror of the ill-concerted and incongruous +projects of faction rather than the organ of consistent and wholesome +plans, digested by common counsels, and modified by mutual interests.</p> + +<p><span class='pagenum'><a name="Page_89" id="Page_89">[Pg 89]</a></span></p><p>However combinations or associations of the above description may now +and then answer popular ends, they are likely, in the course of time and +things, to become potent engines, by which cunning, ambitious, and +unprincipled men will be enabled to subvert the power of the people, and +to usurp for themselves the reins of government; destroying, afterward, +the very engine which had lifted them to unjust dominion.</p> + +<p>Toward the preservation of your government, and the permanency of your +present happy state, it is requisite, not only that you steadily +discountenance irregular oppositions to its acknowledged authority, but +also that you resist with care the spirit of innovation upon its +principles, however specious the pretexts. One method of assault may be +to effect, in the forms of the constitution, alterations which will +impair the energy of the system, and thus to undermine what cannot be +directly overthrown. In all the changes to which you may be invited, +remember that time and habit are at least as necessary to fix the true +character of governments as of other human institutions; that experience +is the surest standard by which to test the real tendency of the +existing constitution of a country; that facility in changes, upon the +credit of mere hypothesis and opinion, exposes to perpetual change, from +the endless variety<span class='pagenum'><a name="Page_90" id="Page_90">[Pg 90]</a></span> of hypothesis and opinion; and remember, +especially, that for the efficient management of your common interests, +in a country so extensive as ours, a government of as much vigor as is +consistent with the perfect security of liberty is indispensable. +Liberty itself will find in such a government, with powers properly +distributed and adjusted, its surest guardian. It is, indeed, little +else than a name, where the government is too feeble to withstand the +enterprises of faction, to confine each member of the society within the +limits prescribed by the laws, and to maintain all in the secure and +tranquil enjoyment of the rights of person and property.</p> + +<p>I have already intimated to you the danger of parties in the state, with +particular reference to the founding of them on geographical +discriminations. Let me now take a more comprehensive view, and warn +you, in the most solemn manner, against the baneful effects of the +spirit of party generally.</p> + +<p>This spirit, unfortunately, is inseparable from our nature, having its +root in the strongest passions of the human mind. It exists, under +different shapes, in all governments, more or less stifled, controlled, +or repressed; but in those of the popular form it is seen in its +greatest rankness, and is truly their worst enemy.</p> + +<p>The alternate domination of one faction over another, sharpened by the +spirit of revenge, natural to<span class='pagenum'><a name="Page_91" id="Page_91">[Pg 91]</a></span> party dissension, which, in different +ages and countries, has perpetrated the most horrid enormities, is +itself a frightful despotism. But this leads, at length, to a more +formal and permanent despotism. The disorders and miseries which result +gradually incline the minds of men to seek security and repose in the +absolute power of an individual; and, sooner or later, the chief of some +prevailing faction, more able or more fortunate than his competitors, +turns this disposition to the purposes of his own elevation on the ruins +of public liberty.</p> + +<p>Without looking forward to an extremity of this kind (which, +nevertheless, ought not to be entirely out of sight), the common and +continued mischiefs of the spirit of party are sufficient to make it the +interest and duty of a wise people to discourage and restrain it.</p> + +<p>It serves always to distract the public councils and enfeeble the public +administration. It agitates the community with ill-founded jealousies +and false alarms; kindles the animosity of one part against another; +foments, occasionally, riot and insurrection. It opens the door to +foreign influence and corruption, which find a facilitated access to the +government itself through the channels of party passions. Thus the +policy and the will of one country are subjected to the policy and will +of another.</p> + +<p><span class='pagenum'><a name="Page_92" id="Page_92">[Pg 92]</a></span></p><p>There is an opinion that parties, in free countries, are useful checks +upon the administration of the government, and serve to keep alive the +spirit of liberty. This, within certain limits, is probably true; and in +governments of a monarchial cast, patriotism may look with indulgence, +if not with favor, upon the spirit of party. But in those of the popular +character, in governments purely elective, it is a spirit not to be +encouraged. From their natural tendency, it is certain there will always +be enough of that spirit for every salutatory purpose. And there being +constant danger of excess, the effort ought to be by force of public +opinion to mitigate and assuage it. A fire not to be quenched, it +demands a uniform vigilance to prevent its bursting into a flame, lest, +instead of warming, it should consume.</p> + +<p>It is important, likewise, that the habits of thinking, in a free +country, should inspire caution in those intrusted with its +administration, to confine themselves within their respective +constitutional spheres, avoiding, in the exercise of the powers of one +department, to encroach upon another. The spirit of encroachment tends +to consolidate the powers of all the departments into one, and thus to +create, whatever the form of government, a real despotism. A just +estimate of that love of power and proneness to abuse it which +predominate in the human heart is<span class='pagenum'><a name="Page_93" id="Page_93">[Pg 93]</a></span> sufficient to satisfy us of the truth +of this position. The necessity of reciprocal checks in the exercise of +political power, by dividing and distributing it into different +depositories, and constituting each the guardian of the public weal, +against invasion by the others, has been evinced by experiments, ancient +and modern—some of them in our own country and under our own eyes. To +preserve them must be as necessary as to institute them. 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 though this, in one instance, may +be the instrument of good, it is the customary weapon by which free +governments are destroyed. The precedent must always greatly +overbalance, in permanent evil, any partial or transient benefit which +the use can, at any time, yield.</p> + +<p>Of all the dispositions and habits which lead to political prosperity, +religion and morality are indispensable supports. In vain would that man +claim the tribute of patriotism who should labor to subvert these great +pillars of human happiness, these firmest props of the duties of men and +citizens. The mere politician, equally with the pious man, ought to<span class='pagenum'><a name="Page_94" id="Page_94">[Pg 94]</a></span> +respect and to cherish them. A volume could not trace all their +connections with private and public felicity. Let it simply be asked, +Where is the security for property, for reputation, for life, if the +sense of religious obligation <i>desert</i> the oaths which are the +instruments of investigation in courts of justice? And let us with +caution indulge the supposition that morality can be maintained without +religion. Whatever maybe conceded to the influence of refined education +on minds of peculiar structure, reason and experience both forbid us to +expect that national morality can prevail in exclusion of religious +principles.</p> + +<p>It is substantially true, that virtue or morality is a necessary spring +of popular government. The rule, indeed, extends with more or less force +to every species of free government. Who that is a sincere friend to it +can look with indifference upon attempts to shake the foundation of the +fabric?</p> + +<p>Promote, then, as an object of primary importance, institutions for the +general diffusion of knowledge. In proportion as a structure of a +government gives force to public opinion, it is essential that public +opinion should be enlightened.</p> + +<p>As a very important source of strength and security, cherish public +credit. One method of preserving it is to use it as sparingly as +possible;<span class='pagenum'><a name="Page_95" id="Page_95">[Pg 95]</a></span> avoiding occasions of expense by cultivating peace, but +remembering, also, that timely disbursements to prepare for danger +frequently prevent much greater disbursements to repel it; avoiding, +likewise, the accumulation of debt, not only by shunning occasions of +expense, but by vigorous exertions in time of peace to discharge the +debts which unavoidable wars may have occasioned; not ungenerously +throwing upon posterity the burden which we ourselves ought to bear. The +execution of these maxims belongs to your representatives, but it is +necessary that public opinion should coöperate. To facilitate to them +the performance of their duty, it is essential that you should +practically bear in mind that toward the payment of debts there must be +revenue; that to have revenue there must be taxes; that no taxes can be +devised which are not more or less inconvenient and unpleasant; that the +intrinsic embarrassment inseparable from the selection of the proper +objects (which is always a choice of difficulties), ought to be a +decisive motive for a candid construction of the conduct of the +government in making it, and for a spirit of acquiescence in the +measures for obtaining revenue which the public exigencies may at any +time dictate.</p> + +<p>Observe good faith and justice toward all nations; cultivate peace and +harmony with all; religion and morality enjoin this conduct, and can it +be that<span class='pagenum'><a name="Page_96" id="Page_96">[Pg 96]</a></span> good policy does not really enjoin it? It will be worthy of a +free, enlightened, and, at no distant period, a great nation, to give to +mankind the magnanimous and too novel example of a people always guided +by an exalted justice and benevolence. Who can doubt that, in the course +of time and things, the fruits of such a plan would richly repay any +temporary advantages which might be lost by a steady adherence to it? +Can it be that Providence has not connected the permanent felicity of a +nation with its virtue? The experiment, at least, is recommended by +every sentiment which ennobles human nature. Alas! it is rendered +impossible by its vices?</p> + +<p>In the execution of such a plan, nothing is more essential than that +permanent inveterate antipathies against particular nations, and +passionate attachments for others, should be excluded, and that, in +place of them, just and amicable feelings toward all should be +cultivated. The nation which indulges toward another an habitual hatred, +or an habitual fondness, is, in some degree, a slave. It is a slave to +its animosity or its affection, either of which is sufficient to lead it +astray from its duty and its interest. Antipathy in one nation against +another disposes each more readily to offer insult and injury, to lay +hold of slight causes of umbrage, and to be haughty<span class='pagenum'><a name="Page_97" id="Page_97">[Pg 97]</a></span> and intractable +when accidental or trifling occasions of dispute occur. Hence, frequent +collisions, obstinate, envenomed, and bloody contests. The nation, +prompted by ill-will and resentment, sometimes impels to war the +government, contrary to the best calculations of policy. The government +sometimes participates in the national propensity, and adopts, through +passion, what reason would reject; at other times it makes the animosity +of the nation subservient to projects of hostility, instigated by pride, +ambition, and other sinister and pernicious motives. The peace often, +sometimes perhaps the liberty of nations, has been the victim.</p> + +<p>So, likewise, a passionate attachment of one nation to another produces +a variety of evils. Sympathy for the favorite nation, facilitating the +illusion of an imaginary common interest, in cases where no real common +interest exists, and infusing into one the enmities of the other, +betrays the former into a participation into the quarrels and wars of +the latter, without adequate inducement or justification. It leads also +to concessions to the favorite nation of privileges denied to others, +which is apt doubly to injure the nation making the concessions, by +unnecessarily parting with what ought to have been retained, and by +exciting jealousy, ill-will, and a disposition to retaliate, in the +parties from whom<span class='pagenum'><a name="Page_98" id="Page_98">[Pg 98]</a></span> equal privileges are withheld; and it gives to +ambitions, corrupted, or deluded citizens (who devote themselves to the +favorite nation), facility to betray or sacrifice the interest of their +own country, without odium, sometimes even with popularity; gilding with +the appearance of a virtuous sense of obligation, a commendable +deference for public opinion, or a laudable zeal for public good, the +base or foolish compliances of ambition, corruption, or infatuation.</p> + +<p>As avenues to foreign influence in innumerable ways, such attachments +are particularly alarming to the truly enlightened and independent +patriot. How many opportunities do they afford to tamper with domestic +factions, to practice the art of seduction, to mislead public opinion, +to influence or awe the public councils! Such an attachment of a small +or weak toward a great and powerful nation dooms the former to be the +satellite of the latter.</p> + +<p>Against the insidious wiles of foreign influence (I conjure you to +believe me, fellow-citizens) the jealousy of a free people ought to be +<i>constantly</i> awake, since history and experience prove that foreign +influence is one of the most baneful foes of republican government. But +that jealousy, to be useful, must be impartial, else it becomes the +instrument of the very influence to be avoided, instead of a defense +against it. Excessive partiality for one foreign<span class='pagenum'><a name="Page_99" id="Page_99">[Pg 99]</a></span> nation, and excessive +dislike for another, cause those whom they actuate to see danger only on +one side, and serve to vail, and even second, the arts of influence on +the other. Real patriots, who may resist the intrigues of the favorite, +are liable to become suspected and odious, while its tools and dupes +usurp the applause and confidence of the people, to surrender their +interests.</p> + +<p>The great rule of conduct for us, in regard to foreign nations, is, in +extending our commercial relations, to have with them as little +political connection as possible. So far as we have already formed +engagements, let them be fulfilled with perfect good faith. Here let us +stop.</p> + +<p>Europe has set a of primary interests, which to us have none or a very +remote relation. Hence she must be engaged in frequent controversies, +the causes of which are essentially foreign to our concerns. Hence, +therefore, it must be unwise in us to implicate ourselves, by artificial +ties, in the ordinary vicissitudes of her politics, or the ordinary +combinations and collisions of her friendships or enmities.</p> + +<p>Our detached and distant situation invites and enables us to pursue a +different course. If we remain one people, under an efficient +government, the period is not far off when we may defy material <span class='pagenum'><a name="Page_100" id="Page_100">[Pg 100]</a></span>injury +from external annoyance, when we may take such an attitude as will cause +the neutrality we may at any time resolve upon to be scrupulously +respected—when belligerent nations, under the impossibility of making +acquisitions upon us, will not lightly hazard the giving us +provocation—when we may choose peace or war, as our interest, guided by +justice, shall counsel.</p> + +<p>Why forego the advantages of so peculiar a situation? Why quit our own +to stand upon foreign ground? Why, by interweaving our destiny with that +of any part of Europe, entangle our peace and prosperity in the toils of +European ambition, rivalship, interest, humor, or caprice?</p> + +<p>It is our true policy to steer clear of permanent alliances with any +portion of the foreign world; so far, I mean, as we are now at liberty +to do it; for let me not be understood as capable of patronizing +infidelity to existing engagements. I hold the maxim no less applicable +to public than to private affairs, that honesty is always the best +policy. I repeat it, therefore, let those engagements be observed in +their genuine sense. But, in my opinion, it is unnecessary, and would be +unwise, to extend them.</p> + +<p>Taking care always to keep ourselves, by suitable establishments, on a +respectable defensive posture,<span class='pagenum'><a name="Page_101" id="Page_101">[Pg 101]</a></span> we may safely trust to temporary +alliances for extraordinary emergencies.</p> + +<p>Harmony, and a liberal intercourse with all nations, are recommended by +policy, humanity, and interest. But even our commercial policy should +hold an equal and impartial hand; neither seeking nor granting exclusive +favors or preferences; consulting the natural course of things; +diffusing and diversifying, by gentle means, the streams of commerce, +but forcing nothing; establishing, with powers so disposed, in order to +give trade a stable course, to define the rights of our merchants, and +to enable the government to support them, conventional rules of +intercourse, the best that present circumstances and mutual opinions +will permit, but temporary, and liable to be, from time to time, +abandoned or varied, as experience and circumstances shall dictate; +constantly keeping in view that it is folly in one nation to look for +disinterested favors from another; that it must pay, with a portion of +its independence, for whatever it may accept under that character; that +by such acceptance it may place itself in the condition of having given +equivalents for nominal favors, and yet of being reproached with +ingratitude for not giving more. There can be no greater error than to +expect, or calculate upon, real favors from nation to nation,<span class='pagenum'><a name="Page_102" id="Page_102">[Pg 102]</a></span> It is an +illusion which experience must cure, which a just pride ought to +discard.</p> + +<p>In offering to you, my countrymen, these counsels of an old and +affectionate friend, I dare not hope they will make the strong and +lasting impression I could wish—that they will control the usual +current of the passions, or prevent our nation from running the course +which has hitherto marked the destiny of nations; but if I may even +flatter myself that they may be productive of some partial benefit, some +occasional good, that they may now and then recur to moderate the fury +of party spirit, to warn against the mischiefs of foreign intrigues, to +guard against the impostures of pretended patriotism—this hope will be +a full recompense for the solicitude for your welfare by which they have +been dictated.</p> + +<p>How far, in the discharge of my official duties, I have been guided by +the principles which have been delineated, the public records, and other +evidences of my conduct, must witness to you and the world. To myself, +the assurance of my own conscience is, that I have at least believed +myself to be guided by them.</p> + +<p>In relation to the still subsisting war in Europe, my proclamation of +the 22d of April, 1793, is the index to my plan. Sanctioned by your +approving voice, and by that of your representatives in both<span class='pagenum'><a name="Page_103" id="Page_103">[Pg 103]</a></span> Houses of +Congress, the spirit of that measure has continually governed me, +uninfluenced by any attempts to deter or divert me from it.</p> + +<p>After deliberate examination, with the aid of the best lights I could +obtain, I was well satisfied that our country, under all the +circumstances of the case, had a right to take, and was bound in duty +and interest to take, a neutral position. Having taken it, I determined, +as far as should depend upon me, to maintain it with moderation, +perseverance, and firmness.</p> + +<p>The considerations which respect the right to hold this conduct, it is +not necessary on this occasion to detail. I will only observe that, +according to my understanding of the matter, that right, so far from +being denied by any of the belligerent powers, has been virtually +admitted by all.</p> + +<p>The duty of holding a neutral conduct may be inferred, without anything +more, from the obligation which justice and humanity impose on every +nation, in cases in which it is free to act, to maintain inviolate the +relations of peace and amity toward other nations.</p> + +<p>The inducements of interest, for observing that conduct, will be best +referred to your own reflections and experience. With me, a predominant +motive has been to endeavor to gain time to our country to settle and +mature its yet recent institutions, and to progress, without +interruption, to that degree of<span class='pagenum'><a name="Page_104" id="Page_104">[Pg 104]</a></span> strength and consistency which is +necessary to give it, humanly speaking, the command of its own fortunes.</p> + +<p>Though, in reviewing the incidents of my administration, I am +unconscious of intentional error, I am, nevertheless, too sensible of my +defects not to think it probable that I may have committed many errors. +Whatever they may be, I fervently beseech the Almighty to avert or +mitigate the evils to which they may tend. I shall also carry with me +the hope that my country will never cease to view them with indulgence, +and that, after forty-five years of my life dedicated to its service +with an upright zeal, the faults of incompetent abilities will be +consigned to oblivion, as myself must soon be to the mansions of rest.</p> + +<p>Relying on its kindness in this, as in other things, and actuated by +that fervent love toward it which is so natural to a man who views in it +the native soil of himself and his progenitors for several generations, +I anticipate, with pleasing expectation, that retreat in which I promise +myself to realize, without alloy, the sweet enjoyment of partaking, in +the midst of my fellow-citizens, the benign influence of good laws under +a free government—the ever favorite object of my heart—and the happy +reward, as I trust, of our mutual cares, labors, and dangers.</p> + +<p class="right"> +<span class="smcap">George Washington.</span></p> + +<p><span class="smcap">United States</span>, <i>17th September, 1796</i>.<br /> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_105" id="Page_105">[Pg 105]</a></span></p> +<h2><a name="PRESIDENT_JACKSONS_PROCLAMATION" id="PRESIDENT_JACKSONS_PROCLAMATION"></a>PRESIDENT JACKSON'S PROCLAMATION,</h2> + +<h4>ISSUED IN 1832, WHEN SOUTH CAROLINA UNDERTOOK TO ANNUL THE FEDERAL +REVENUE LAW. +</h4> + +<p><span class="smcap">Whereas</span> a convention, assembled in the State of South Carolina, have +passed an ordinance, by which they declare "that the several acts and +parts of acts of the Congress of the United States, purporting to be +laws for the imposing of duties and imposts on the importation of +foreign commodities, and now having actual operation and effect within +the United States, and more especially 'two acts for the same purposes, +passed on the 29th of May, 1828, and on the 14th of July, 1832,' are +unauthorized by the Constitution of the United States, and violate the +true meaning and intent thereof, and are null and void, and no law," nor +binding on the citizens of that State or its officers; and by the said +ordinance it is further declared to be unlawful for any of the +constituted authorities of the State, or of the United States, to +enforce<span class='pagenum'><a name="Page_106" id="Page_106">[Pg 106]</a></span> the payment of the duties imposed by the said acts within the +same State, and that it is the duty of the legislature to pass such laws +as may be necessary to give full effect to the said ordinances:</p> + +<p>And whereas, by the said ordinance it is further ordained, that, in no +case of law or equity, decided in the courts of said State, wherein +shall be drawn in question the validity of the said ordinance, or of the +acts of the legislature that may be passed to give it effect, or of the +said laws of the United States, no appeal shall be allowed to the +Supreme Court of the United States, nor shall any copy of the record be +permitted or allowed for that purpose; and that any person attempting to +take such appeal, shall be punished as for a contempt of court:</p> + +<p>And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every hazard; and that they +will consider the passage of any act by Congress abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress +or egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistent with the longer +continuance of South Carolina in the Union; and that<span class='pagenum'><a name="Page_107" id="Page_107">[Pg 107]</a></span> the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign +and independent States may of right do:</p> + +<p>And whereas the said ordinance prescribes to the people of South +Carolina a course of conduct in direct violation of their duty as +citizens of the United States, contrary to the laws of their country, +subversive of its Constitution, and having for its object the +destruction of the Union—that Union, which, coeval with our political +existence, led our fathers, without any other ties to unite them than +those of patriotism and common cause, through a sanguinary struggle to a +glorious independence—that sacred Union, hitherto, inviolate, which, +perfected by our happy Constitution, has brought us, by the favor of +Heaven, to a state of prosperity at home, and high consideration abroad, +rarely, if ever, equaled in the history of nations; to preserve this +bond of our political existence from destruction, to maintain inviolate +this state of national honor and prosperity, and to justify the +confidence my fellow-citizens have reposed in me, I, Andrew Jackson, +President of the United States, have thought proper to issue this, my +<span class="smcap">Proclamation</span>,<span class='pagenum'><a name="Page_108" id="Page_108">[Pg 108]</a></span> stating my views of the Constitution and laws applicable +to the measures adopted by the Convention of South Carolina, and to the +reasons they have put forth to sustain them, declaring the course which +duty will require me to pursue, and, appealing to the understanding and +patriotism of the people, warn them of the consequences that must +inevitably result from an observance of the dictates of the Convention.</p> + +<p>Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be, invested, for +preserving the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of +the United States must all feel in preventing a resort to stronger +measures, while there is a hope that anything will be yielded to +reasoning and remonstrances, perhaps demand, and will certainly justify, +a full exposition to South Carolina and the nation of the views I +entertain of this important question, as well as a distinct enunciation +of the course which my sense of duty will require me to pursue.</p> + +<p>The ordinance is founded, not on the indefeasible right of resisting +acts which are plainly unconstitutional, and too oppressive to be +endured, but on the strange position that any one State may not only<span class='pagenum'><a name="Page_109" id="Page_109">[Pg 109]</a></span> +declare an act of Congress void, but prohibit its execution—that they +may do this consistently with the Constitution—that the true +construction of that instrument permits a State to retain its place in +the Union, and yet be bound by no other of its laws than those it may +choose to consider as constitutional. It is true they add, that, to +justify this abrogation of a law, it must be palpably contrary to the +Constitution; but it is evident, that to give the right of resisting +laws of that description, coupled with the uncontrolled right to decide +what laws deserve that character, is to give the power of resisting all +laws. For, as by the theory, there is no appeal, the reasons alleged by +the State, good or bad, must prevail. If it should be said that public +opinion is a sufficient check against the abuse of this power, it may be +asked why is it not deemed a sufficient guard against the passage of an +unconstitutional act by Congress. There is, however, a restraint in this +last case, which makes the assumed power of a State more indefensible, +and which does not exist in the other. There are two appeals from an +unconstitutional act passed by Congress—one to the judiciary, the other +to the people and the States. There is no appeal from the State decision +in theory; and the practical illustration shows that the courts are +closed against an application to review it, both judges and jurors +being<span class='pagenum'><a name="Page_110" id="Page_110">[Pg 110]</a></span> sworn to decide in its favor. But reasoning on this subject is +superfluous, when our social compact in express terms declares, that the +laws of the United States, its Constitution, and treaties made under it, +are the supreme law of the land; and for greater caution adds, "that the +judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." And +it may be asserted, without fear of refutation, that no federative +government could exist without a similar provision. Look, for a moment, +to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat that +an unconstitutional law is no law, so long as the question of its +legality is to be decided by the State itself; for every law operating +injuriously upon any local interest will be perhaps thought, and +certainly represented, as unconstitutional, and, as has been shown, +there is no appeal.</p> + +<p>If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the Eastern States,<span class='pagenum'><a name="Page_111" id="Page_111">[Pg 111]</a></span> the carriage tax +in Virginia, were all deemed unconstitutional, and were more unequal in +their operation than any of the laws now complained of; but, +fortunately, none of those States discovered that they had the right now +claimed by South Carolina. The war into which we were forced, to support +the dignity of the nation and the rights of our citizens, might have +ended in defeat and disgrace, instead of victory and honor, if the +States, who supposed it a ruinous and unconstitutional measure, had +thought they possessed the right of nullifying the act by which it was +declared, and denying supplies for its prosecution. Hardly and unequally +as those measures bore upon several members of the Union, to the +legislatures of none did this efficient and peaceable remedy, as it is +called, suggest itself. The discovery of this important feature in our +Constitution was reserved to the present day. To the statesmen of South +Carolina belongs the invention, and upon the citizens of that State +will, unfortunately, fall the evils of reducing it to practice.</p> + +<p>If the doctrine of a State veto upon the laws of the Union carries with +it internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been +repudiated with indignation had it been proposed to form a feature in +our government.</p> + +<p><span class='pagenum'><a name="Page_112" id="Page_112">[Pg 112]</a></span></p><p>In our colonial state, although dependent on another power, we very +early considered ourselves as connected by common interest with each +other. Leagues were formed for common defense, and before the +Declaration of Independence, we were known in our aggregate character as +the United Colonies of America. That decisive and important step was +taken jointly. We declared ourselves a nation by a joint, not by several +acts; and when the terms of our confederation were reduced to form, it +was in that of a solemn league of several States, by which they agreed +that they would, collectively, form one nation, for the purpose of +conducting some certain domestic concerns, and all foreign relations. In +the instrument forming that Union, is found an article which declares +that "every State shall abide by the determinations of Congress on all +questions which by that Confederation should be submitted to them."</p> + +<p>Under the Confederation, then, no State could legally annul a decision +of the Congress, or refuse to submit to its execution; but no provision +was made to enforce these decisions. Congress made requisitions, but +they were not complied with. The government could not operate on +individuals. They had no judiciary, no means of collecting revenue.</p> + +<p>But the defects of the Confederation need not be detailed. Under its +operation we could scarcely be<span class='pagenum'><a name="Page_113" id="Page_113">[Pg 113]</a></span> called a nation. We had neither +prosperity at home nor consideration abroad. This state of things could +not be endured, and our present happy Constitution was formed, but +formed in vain, if this fatal doctrine prevails. It was formed for +important objects that are announced in the preamble made in the name +and by the authority of the people of the United States, whose delegates +framed, and whose conventions approved, it.</p> + +<p>The most important among these objects, that which is placed first in +rank, on which all the others rest, is "<i>to form a more perfect Union</i>." +Now, it is possible that, even if there were no express provision giving +supremacy to the Constitution and laws of the United States over those +of the States, it can be conceived that an instrument made for the +purpose of "<i>forming a more perfect Union</i>" than that of the +Confederation, could be so constructed by the assembled wisdom of our +country as to substitute for that confederation a form of government, +dependent for its existence on the local interest, the party spirit of a +State, or of a prevailing faction in a State? Every man, of plain, +unsophisticated understanding, who hears the question, will give such an +answer as will preserve the Union. Metaphysical subtlety, in pursuit of +an impracticable theory, could alone have devised one that is calculated +to destroy it.</p> + +<p><span class='pagenum'><a name="Page_114" id="Page_114">[Pg 114]</a></span></p><p>I consider, then, the power to annul a law of the United States, +assumed by one State, <i>incompatible with the existence of the Union, +contradicted expressly by the letter of the Constitution, unauthorized +by its spirit, inconsistent with every principle on which it was +founded, and destructive of the great object for which it was formed</i>.</p> + +<p>After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance.</p> + +<p>The preamble rests its justification on these grounds: It assumes as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +Constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first actually +acknowledges that the law in question was passed under power expressly +given by the Constitution, to lay and collect imposts; but its +constitutionality is drawn in question<span class='pagenum'><a name="Page_115" id="Page_115">[Pg 115]</a></span> from the motives of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make that law void; for how +is that purpose to be ascertained? Who is to make the scrutiny? How +often may bad purposes be falsely imputed? In how many cases are they +concealed by false professions? In how many is no declaration of motive +made? Admit this doctrine, and you give to the States an uncontrolled +right to decide, and every law may be annulled under this pretext. If, +therefore, the absurd and dangerous doctrine should be admitted, that a +State may annul an unconstitutional law, or one that it deems such, it +will not apply to the present case.</p> + +<p>The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then, indeed, is the federal +Constitution unworthy of the slightest efforts for its preservation. We +have hitherto<span class='pagenum'><a name="Page_116" id="Page_116">[Pg 116]</a></span> relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet-anchor of our safety, in the stormy times +of conflict with a foreign or domestic foe. We have looked to it with +sacred awe as the palladium of our liberties, and with all the +solemnities of religion have pledged to each other our lives and +fortunes here, and our hopes of happiness hereafter, in its defense and +support. Were we mistaken, my countrymen, in attaching this importance +to the Constitution of our country? Was our devotion paid to the +wretched, inefficient, clumsy contrivance, which this new doctrine would +make it? Did we pledge ourselves to the support of an airy nothing—a +bubble that must be blown away by the first breath of disaffection? Was +this self-destroying, visionary theory the work of the profound +statesmen, the exalted patriots, to whom the task of constitutional +reform was intrusted? Did the name of Washington sanction, did the +States deliberately ratify, such an anomaly in the history of +fundamental legislation? No. We were not mistaken. The letter of this +great instrument is free from this radical fault; its language directly +contradicts the imputation; its spirit, its evident intent, contradicts +it. No, we did not err. Our Constitution does not contain the absurdity +of giving power<span class='pagenum'><a name="Page_117" id="Page_117">[Pg 117]</a></span> to make laws, and another power to resist them. The +sages, whose memory will always be reverenced, have given us a +practical, and, as they hoped, a permanent constitutional compact. The +Father of his Country did not affix his revered name to so palpable an +absurdity. Nor did the States, when they severally ratified it, do so +under the impression that a veto on the laws of the United States was +reserved to them, or that they could exercise it by application. Search +the debates in all their conventions—examine the speeches of the most +zealous opposers of federal authority—look at the amendments that were +proposed. They are all silent—not a syllable uttered, not a vote given, +not a motion made, to correct the explicit supremacy given to the laws +of the Union over those of the States, or to show that implication, as +is now contended, could defeat it. No, we have not erred! The +Constitution is still the object of our reverence, the bond of our +union, our defense in danger, the source of our prosperity in peace. It +shall descend, as we have received it, uncorrupted by sophistical +construction, to our posterity; and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it +into existence, will again be patriotically offered for its support.</p> + +<p>The two remaining objections made by the ordinance<span class='pagenum'><a name="Page_118" id="Page_118">[Pg 118]</a></span> to these laws are, +that the sums intended to be raised by them are greater than are +required, and that the proceeds will be unconstitutionally employed. The +Constitution has given expressly to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than +that which results from the power of changing the representatives who +abuse it, and thus procure redress. Congress may undoubtedly abuse this +discretionary power, but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution +has given it to the representatives of all the people, checked by the +representatives of the States, and by the executive power. The South +Carolina construction gives it to the legislature, or the convention of +a single State, where neither the people of the different States, nor +the States in their separate capacity, nor the chief magistrate elected +by the people, have any representation. Which is the most discreet +disposition of the power? I do not ask you, fellow-citizens, which is +the constitutional disposition—that instrument speaks a language not to +be misunderstood. But if you were assembled in general convention, which +would you think the safest depository of this discretionary power in the +last resort? Would you add a clause giving<span class='pagenum'><a name="Page_119" id="Page_119">[Pg 119]</a></span> it to each of the States, or +would you sanction the wise provisions already made by your +Constitution? If this should be the result of your deliberations when +providing for the future, are you—can you—- be ready to risk all that +we hold dear, to establish, for a temporary and a local purpose, that +which you must acknowledge to be destructive, and even absurd, as a +general provision? Carry out the consequences of this right vested in +the different States, and you must perceive that the crisis your conduct +presents at this day would recur whenever any law of the United States +displeased any of the States, and that we should soon cease to be a +nation.</p> + +<p>The ordinance, with the same knowledge of the future that characterizes +a former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely can not be urged against the laws +levying the duty.</p> + +<p>These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens—judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, +how far they justify<span class='pagenum'><a name="Page_120" id="Page_120">[Pg 120]</a></span> the reckless, destructive course which you are +directed to pursue. Review these objections, and the conclusions drawn +from them once more. What are they? Every law, then, for raising +revenue, according to the South Carolina ordinance, may be rightfully +annulled, unless it be so framed as no law ever will or can be framed. +Congress have a right to pass laws for raising revenue, and each State +has a right to oppose their execution—two rights directly opposed to +each other; and yet is this absurdity supposed to be contained in an +instrument drawn for the express purpose of avoiding collisions between +the States and the general government, by an assembly of the most +enlightened statesmen and purest patriots ever embodied for a similar +purpose.</p> + +<p>In vain have these sages declared that Congress shall have power to lay +and collect taxes, duties, imposts, and excises—in vain have they +provided that they shall have power to pass laws which shall be +necessary and proper to carry those powers into execution, that those +laws and that Constitution shall be the "supreme law of the land; and +that the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." In +vain have the people of the several States solemnly sanctioned these +provisions, made them their paramount law, and individually<span class='pagenum'><a name="Page_121" id="Page_121">[Pg 121]</a></span> sworn to +support them whenever they were called on to execute any office.</p> + +<p>Vain provisions! Ineffectual restrictions! Vile profanation of oaths! +Miserable mockery of legislation! If a bare majority of the voters in +any one State may, on a real or supposed knowledge of the intent with +which a law has been passed, declare themselves free from its +operation—say here it gives too little, there too much, and operates +unequally—here it suffers articles to be free that ought to be taxed, +there it taxes those that ought to be free—in this case the proceeds +are intended to be applied to purposes which we do not approve, in that +the amount raised is more than is wanted. Congress, it is true, are +invested by the Constitution with the right of deciding these questions +according to their sound discretion. Congress is composed of the +representatives of all the States, and of all the people of all the +States; but <span class="caps">WE</span>, part of the people of one State, to whom the +Constitution has given no power on the subject, from whom it has +expressly taken it away—<i>we</i>, who have solemnly agreed that this +Constitution shall be our law—<i>we</i>, most of whom have sworn to support +it—<i>we</i> now abrogate this law, and swear, and force others to swear, +that it shall not be obeyed—and we do this, not because Congress have +no right to pass such laws; this we do not allege;<span class='pagenum'><a name="Page_122" id="Page_122">[Pg 122]</a></span> but because they +have passed them with improper views. They are unconstitutional from the +motives of those who pass them, which we can never with certainty know, +from their unequal operation; although it is impossible from the nature +of things that they should be equal—and from the disposition which we +presume may be made of their proceeds, although that disposition has not +been declared. This is the plain meaning of the ordinance in relation to +laws which it abrogates for alleged unconstitutionality. But it does not +stop here. It repeals, in express terms, an important part of the +Constitution itself, and of laws passed to give it effect, which have +never been alleged to be unconstitutional. The Constitution declares +that the judicial powers of the United States extend to cases arising +under the laws of the United States, and that such laws the Constitution +and treaties shall be paramount to the State constitutions and laws. The +judiciary act prescribes the mode by which the case may be brought +before a court of the United States, by appeal, when a State tribunal +shall decide against this provision of the Constitution. The ordinance +declares there shall be no appeal; makes the State law paramount to the +Constitution and laws of the United States; forces judges and jurors to +swear that they will disregard their provisions; and even makes it penal +in<span class='pagenum'><a name="Page_123" id="Page_123">[Pg 123]</a></span> a suitor to attempt relief by appeal. It further declares that it +shall not be lawful for the authorities of the United States, or of that +State, to enforce the payment of duties imposed by the revenue laws +within its limits.</p> + +<p>Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the Constitution which +is solemnly abrogated by the same authority.</p> + +<p>On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws of which it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is +made to execute them.</p> + +<p>This right to secede is deduced from the nature of the Constitution, +which they say is a compact between sovereign States, who have preserved +their whole sovereignty, and therefore are subject to no superior; that +because they made the compact, they can break it when in their opinion +it has been departed from by the other States. Fallacious as this course +of reasoning is, it enlists State pride, and finds advocates in the +honest prejudices of those who have not studied the nature of our +government sufficiently to see the radical error on which it rests.</p> + +<p>The people of the United States formed the Constitution,<span class='pagenum'><a name="Page_124" id="Page_124">[Pg 124]</a></span> acting through +the State legislatures, in making the compact, to meet and discuss its +provisions, and acting in separate conventions when they ratified those +provisions; but the term used in its construction show it to be a +government in which the people of all the States collectively are +represented. We are <span class="caps">ONE PEOPLE</span> in the choice of the President and +Vice-President. Here the States have no other agency than to direct the +mode in which the votes shall be given. The candidates having the +majority of all the votes are chosen. The electors of a majority of +States may have given their votes for one candidate, and yet another may +be chosen. The people then, and not the States, are represented in the +executive branch.</p> + +<p>In the House of Representatives there is this difference, that the +people of one State do not, as in the case of President and +Vice-President, all vote for all the members, each State electing only +its own representatives. But this creates no material distinction. When +chosen, they are all representatives of the United States, not +representatives of the particular State from which they come. They are +paid by the United States, not by the State; nor are they accountable to +it for any act done in performance of their legislative functions; and +however they may in practice, as it is their duty to do, consult and +prefer<span class='pagenum'><a name="Page_125" id="Page_125">[Pg 125]</a></span> the interests of their particular constituents when they come in +conflict with any other partial or local interest, yet it is their first +and highest duty, as representatives of the United States, to promote +the general good.</p> + +<p>The Constitution of the United States, then, forms a <i>government</i>, not a +league, and whether it be formed by compact between the States, or in +any other manner, its character is the same. It is a government in which +all the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers as +to constitute jointly with the other States a single nation, can not +from that period possess any right to secede, because such secession +does not break a league, but destroys the unity of a nation, and any +injury to that unity is not only a breach which would result from the +contravention of a compact, but it is an offense against the whole +Union. To say that any State may at pleasure secede from the Union, is +to say that the United States is not a nation; because it would be a +solecism to contend that any part of a nation might dissolve its +connection with the other parts, to their injury or ruin, without +committing any offense. Secession, like any other revolutionary act, may +be<span class='pagenum'><a name="Page_126" id="Page_126">[Pg 126]</a></span> morally justified by the extremity of oppression; but to call it a +constitutional right, is confounding the meaning of terms, and can only +be done through gross error, or to deceive those who are willing to +assert a right, but would pause before they made a revolution, or incur +the penalties consequent upon a failure.</p> + +<p>Because the Union was formed by compact, it is said the parties to that +compact may, when they feel aggrieved, depart from it; but it is +precisely because it is a compact that they cannot. A contract is an +agreement or binding obligation. It may by its terms have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it +may be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations, generally, has no sanction other +than a moral one; or if it should contain a penalty, as there is no +common superior, it cannot be enforced. A government, on the contrary, +always has a sanction, express or implied; and, in our case, it is both +necessarily implied and expressly given. An attempt by force of arms to +destroy a government is an offense, by whatever means the constitutional +compact may have been formed; and such government has the right, by the +law of self-defense,<span class='pagenum'><a name="Page_127" id="Page_127">[Pg 127]</a></span> to pass acts for punishing the offender, unless +that right is modified, restrained, or resumed by the constitutional +act. In our system, although it is modified in the case of treason, yet +authority is expressly given to pass all laws necessary to carry its +powers into effect, and under this grant provision has been made for +punishing acts which obstruct the due administration of the laws.</p> + +<p>It would seem superfluous to add anything to show the nature of that +union which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must +give some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States than the magistrate who now addresses you. No one would make +greater personal sacrifices, or official exertions, to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of, the rights they have +vested in the nation. The line has not been so distinctly drawn as to +avoid doubts in some cases of the exercise of power. Men of the best +intentions and soundest views may differ in their construction of some +parts of the Constitution; but there are others on which dispassionate +reflection can leave no doubt. Of this nature appears to be<span class='pagenum'><a name="Page_128" id="Page_128">[Pg 128]</a></span> the assumed +right of secession. It rests, as we have seen, on the alleged and +undivided sovereignty of the States, and of their having formed in this +sovereign capacity a compact which is called the Constitution, from +which, because they made it, they have the right to secede. Both of +these positions are erroneous, and some of the arguments to prove them +so have been anticipated.</p> + +<p>The States severally have not retained their entire sovereignty. It has +been shown that in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make treaties, declare war, levy taxes, exercise judicial and +legislative powers, were all functions of sovereign power. The States, +then, for all these important purposes, were no longer sovereign. The +allegiance of their citizens was transferred in the first instance to +the government of the United States; they became American citizens, and +owed obedience to the Constitution of the United States, and to laws +made in conformity with the powers vested in Congress. This last +position has not been, and can not be, denied. How, then, can that State +be said to be sovereign and independent whose citizens owe obedience to +laws not made by it, and whose magistrates are sworn to disregard those +laws, when they come in conflict<span class='pagenum'><a name="Page_129" id="Page_129">[Pg 129]</a></span> with those passed by another? What +shows conclusively that the States can not be said to have reserved an +undivided sovereignty, is that they expressly ceded the right to punish +treason—not treason against a separate power, but treason against the +United States. Treason is an offense against <i>sovereignty</i>, and +sovereignty must reside with the power to punish it. But the reserved +rights of the States are not less sacred because they have for their +common interest made the general government the depository of these +powers. The unity of our political character (as has been shown for +another purpose) commenced with its very existence. Under the royal +government we had no separate character; our opposition to its +oppression began as <span class="caps">UNITED COLONIES</span>. We were the <span class="smcap">United States</span> under the +Confederation, and the name was perpetuated and the Union rendered more +perfect by the federal Constitution. In none of these stages did we +consider ourselves in any other light than as forming one nation. +Treaties and alliances were made in the name of all. Troops were raised +for the joint defense. How, then, with all these proofs, that under all +changes of our position we had, for designated purposes and with defined +powers, created national governments—how is it that the most perfect of +these several modes of union should now be<span class='pagenum'><a name="Page_130" id="Page_130">[Pg 130]</a></span> considered as a mere league +that may be dissolved at pleasure? It is from an abuse of terms. Compact +is used as synonymous with league, although the true term is not +employed, because it would at once show the fallacy of the reasoning. It +would not do to say that our Constitution was only a league, but it is +labored to prove it a compact (which, in one sense, it is), and then to +argue that as a league is a compact, every compact between nations must, +of course, be a league, and that from such an engagement every sovereign +power has a right to recede. But it has been shown that in this sense +the States are not sovereign, and that even if they were, and the +national Constitution had been formed by compact, there would be no +right in any one State to exonerate itself from the obligation.</p> + +<p>So obvious are the reasons which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit +of all. It was produced by mutual sacrifice of interest and opinions. +Can those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the West, recall the +grant? Will the inhabitants of the inland States agree to pay the duties +that may be imposed without their assent by those on the Atlantic or the +Gulf, for their own benefit? Shall there be a free port in one State,<span class='pagenum'><a name="Page_131" id="Page_131">[Pg 131]</a></span> +and enormous duties in another? No one believes that any right exists in +a single State to involve all the others in these and countless other +evils, contrary to engagements solemnly made. Every one must see that +the other States, in self-defense, must oppose it at all hazards.</p> + +<p>These are the alternatives that are presented by the convention: A +repeal of all the acts for raising revenue, leaving the government +without the means of support; or an acquiesce in the dissolution of our +Union by the secession of one of its members. When the first was +proposed, it was known that it could not be listened to for a moment. It +was known if force was applied to oppose the execution of the laws, that +it must be repelled by force—that Congress could not, without involving +itself in disgrace and the country in ruin, accede to the proposition; +and yet if this is not done in a given day, or if any attempt is made to +execute the laws, the State is, by the ordinance, declared to be out of +the Union. The majority of a convention assembled for the purpose have +dictated these terms, or rather this rejection of all terms, in the name +of the people of South Carolina. It is true that the governor of the +State speaks of the submission of their grievances to a convention of +all the States; which, he says, they "sincerely and anxiously seek and +desire." Yet this<span class='pagenum'><a name="Page_132" id="Page_132">[Pg 132]</a></span> obvious and constitutional mode of obtaining the +sense of the other States on the construction of the federal compact, +and amending it, if necessary, has never been attempted by those who +have urged the State on to this destructive measure. The State might +have proposed a call for a general convention to the other States, and +Congress, if a sufficient number of them concurred, must have called it. +But the first magistrate of South Carolina, when he expressed a hope +that, "on a review by Congress and the functionaries of the general +government of the merits of the controversy," such a convention will be +accorded to them, must have known that neither Congress, nor any +functionary in the general government, has authority to call such a +convention, unless it be demanded by two-thirds of the States. This +suggestion, then, is another instance of the reckless inattention to the +provisions of the Constitution with which this crisis has been madly +hurried on; or of the attempt to persuade the people that a +constitutional remedy has been sought and refused. If the legislature of +South Carolina "anxiously desire" a general convention to consider their +complaints, why have they not made application for it in the way the +Constitution points out? The assertion that they "earnestly seek" it is +completely negatived by the omission.</p> + +<p><span class='pagenum'><a name="Page_133" id="Page_133">[Pg 133]</a></span></p><p>This, then is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +convention; that convention has ordained that all the revenue laws of +the United States must be repealed, or that they are no longer a member +of the Union. The governor of that State has recommended to the +legislature the raising of an army to carry the secession into effect, +and that he may be empowered to give clearances to vessels in the name +of the State. No act of violent opposition to the laws has yet been +committed, but such a state of things is hourly apprehended, and it is +the intent of this instrument to PROCLAIM, not only that the duty +imposed on me by the Constitution, "to take care that the laws be +faithfully executed," shall be performed to the extent of the powers +already vested in me by law, or of such others as the wisdom of Congress +shall devise and intrust to me for that purpose; but to warn the +citizens of South Carolina, who have been deluded into an opposition to +the laws, of the danger they will incur by obedience to the illegal and +disorganizing ordinance of the convention—to exhort those who have +refused to support it to persevere in their determination to uphold the +Constitution and laws of their country, and to point out to all the +perilous situation into which the good people of that State have<span class='pagenum'><a name="Page_134" id="Page_134">[Pg 134]</a></span> been +led, and that the course they are urged to pursue is one of ruin and +disgrace to the very State whose rights they effect to support.</p> + +<p>Fellow-citizens of my native State! let me not only admonish you, as the +first magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom +he saw rushing to a certain ruin. In that paternal language, with that +paternal feeling, let me tell you, my countrymen, that you are deluded +by men who are either deceived themselves or wish to deceive you. Mark +under what pretenses you have been led on to the brink of insurrection +and treason on which you stand! First a diminution of the value of our +staple commodity, lowered by over-production in other quarters and the +consequent diminution in the value of your lands, were the sole effect +of the tariff laws. The effect of those laws was confessedly injurious, +but the evil was greatly exaggerated by the unfounded theory you were +taught to believe, that its burdens were in proportion to your exports, +not to your consumption of imported articles. Your pride was roused by +the assertions that a submission to these laws was a state of vassalage, +and that resistance to them was equal, in patriotic merit, to the +opposition our fathers offered to the oppressive laws of Great Britain. +You<span class='pagenum'><a name="Page_135" id="Page_135">[Pg 135]</a></span> were told that this opposition might be peaceably—might be +constitutionally made—that you might enjoy all the advantages of the +Union and bear none of its burdens. Eloquent appeals to your passions, +to your State pride, to your native courage, to your sense of real +injury, were used to prepare you for the period when the mask which +concealed the hideous features of <span class="caps">DISUNION</span> should be taken off. It fell, +and you were made to look with complacency on objects which not long +since you would have regarded with horror. Look back to the arts which +have brought you to this state—look forward to the consequences to +which it must inevitably lead! Look back to what was first told you as +an inducement to enter into this dangerous course. The great political +truth was repeated to you that you had the revolutionary right of +resisting all laws that were palpably unconstitutional and intolerably +oppressive—it was added that the right to nullify a law rested on the +same principle, but that it was a peaceable remedy! This character which +was given to it, made you receive with too much confidence the +assertions that were made of the unconstitutionality of the law and its +oppressive effects. Mark, my fellow-citizens, that by the admission of +your leaders the unconstitutionality must be <i>palpable</i>, or it will +justify either resistance or nullification! What is the meaning of the<span class='pagenum'><a name="Page_136" id="Page_136">[Pg 136]</a></span> +word <i>palpable</i> in the sense in which it is here used?—that which is +apparent to every one, that which no man of ordinary intellect will fail +to perceive. Is the unconstitutionality of these laws of that +description? Let those among your leaders who once approved and +advocated the principles of protective duties, answer the question; and +let them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon our confidence and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to +you. They are not champions of liberty emulating the fame of our +Revolutionary fathers, nor are you an oppressed people, contending, as +they repeat to you, against worse than colonial vassalage. You are free +members of a flourishing and happy Union. There is no settled design to +oppress you. You have, indeed, felt the unequal operation of laws which +may have been unwisely, not unconstitutionally passed; but that +inequality must necessarily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion has commenced.<span class='pagenum'><a name="Page_137" id="Page_137">[Pg 137]</a></span> The nearly approaching payment of the +public debt, and the consequent necessity of a diminution of duties, had +already caused a considerable reduction, and that, too, on some articles +of general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further +alleviation of your burdens was to be expected, at the very time when +the condition of the country imperiously demanded such a modification of +the duties as should reduce them to a just and equitable scale. But, as +apprehensive of the effect of this change in allaying your discontents, +you were precipitated into a fearful state in which you now find +yourselves.</p> + +<p>I have urged you to look back to the means that were used to hurry you +on to the position you have now assumed, and forward to the consequences +it will produce. Something more is necessary. Contemplate the condition +of that country of which you still form an important part; consider its +government uniting in one bond of common interest and general protection +so many different States—giving to all their inhabitants the proud +title of <span class="smcap">American citizens</span>—protecting their commerce—securing their +literature and arts—facilitating their intercommunication—defending +their frontiers—and making their name respected in the remotest parts +of the earth!<span class='pagenum'><a name="Page_138" id="Page_138">[Pg 138]</a></span> Consider the extent of its territory, its increasing and +happy population, its advance in arts, which render life agreeable, and +the sciences which elevate the mind! See education spreading the lights +of religion, morality, and general information into every cottage in +this wide extent of our Territories and States! Behold it as the asylum +where the wretched and the oppressed find a refuge and support! Look on +this picture of happiness and honor, and say, <span class="smcap">we, too, are citizens of +America</span>—Carolina is one of these proud States her arms have +defended—her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will +dissolve—this picture of peace and prosperity we will deface—this free +intercourse we will interrupt—these fertile fields we will deluge with +blood—the protection of that glorious flag we renounce—the very name +of Americans we discard. And for what, mistaken men! For what do you +throw away these inestimable blessings—for what would you exchange your +share in the advantages and honor of the Union? For the dream of a +separate independence—a dream interrupted by bloody conflicts with your +neighbors, and a vile dependence on a foreign power. If your leaders +could succeed in establishing a separation, what would be your +situation? Are you united at home—are you free from the<span class='pagenum'><a name="Page_139" id="Page_139">[Pg 139]</a></span> apprehension +of civil discord, with all its fearful consequences? Do our neighboring +republics, every day suffering some new revolution or contending with +some new insurrection—do they excite your envy? But the dictates of a +high duty oblige me solemnly to announce that you can not succeed. The +laws of the United States must be executed. I have no discretionary +power on the subject—my duty is emphatically pronounced in the +Constitution. Those who told you that you might peaceably prevent their +execution, deceived you—they could not have been deceived themselves. +They know that a forcible opposition could alone prevent the execution +of the laws, and they know that such opposition must be repelled. Their +object is disunion; but be not deceived by names; disunion, by armed +force, is <span class="caps">TREASON</span>. Are you really ready to incur this guilt? If you are, +on the head of the instigators of the act be the dreadful +consequences—on their heads be the dishonor, but on yours may fall the +punishment—on your unhappy State will inevitably fall all the evils of +the conflict you force upon the government of your country. It cannot +accede to the mad project of disunion of which you would be the first +victims—its first magistrate can not, if he would, avoid the +performance of his duty—the consequence must be fearful for you, +distressing to your<span class='pagenum'><a name="Page_140" id="Page_140">[Pg 140]</a></span> fellow-citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal—it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumpters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union to +support which so many of them fought and bled and died. I adjure you, as +you honor their memory—as you love the cause of freedom, to which they +dedicated their lives—as you prize the peace of your country, the lives +of its best citizens, and your own fair fame, to retrace your steps. +Snatch from the archives of your State the disorganizing edict of its +convention—bid its members to re-assemble and promulgate the decided +expressions of your will to remain in the path which alone can conduct +you to safety, prosperity, and honor—tell them that compared to +disunion, all other evils are light, because that brings with it an +accumulation of all—declare that you will never take the field unless +the star-spangled banner of your country shall float over you—that you +will not be stigmatized when dead, and dishonored and scorned<span class='pagenum'><a name="Page_141" id="Page_141">[Pg 141]</a></span> while you +live, as the authors of the first attack on the Constitution of your +country!—its destroyers you can not be. You may disturb its peace—you +may interrupt the course of its prosperity—you may cloud its reputation +for stability—but its tranquillity will be restored, its prosperity +will return, and the stain upon its national character will be +transferred and remain an eternal blot on the memory of those who caused +the disorder.</p> + +<p>Fellow-citizens of the United States! The threat of unhallowed +disunion—the names of those, once respected, by whom it is uttered—the +array of military force to support it—denote the approach of a crisis +in our affairs on which the continuance of our unexampled prosperity, +our political existence, and perhaps that of all free governments, may +depend. The conjecture demanded a free, a full, and explicit +enunciation, not only of my intentions, but of my principles of action; +and as the claim was asserted of a right by a State to annul the laws of +the Union, and even to secede from it at pleasure, a frank exposition of +my opinions in relation to the origin and form of our government, and +the construction I give to the instrument by which it was created, +seemed to be proper. Having the fullest confidence in the justness of +the legal and constitutional opinion of my duties which has been +expressed, I rely with equal<span class='pagenum'><a name="Page_142" id="Page_142">[Pg 142]</a></span> confidence on your undivided support in my +determination to execute the laws—to preserve the Union by all +constitutional means—to arrest, if possible, by moderate but firm +measures, the necessity of a recourse to force; and, if it be the will +of Heaven that the recurrence of its primeval curse on man for the +shedding of a brother's blood should fall upon our land, that it be not +called down by any offensive act on the part of the United States.</p> + +<p>Fellow-citizens! The momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessing +it secures to us as one people shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that +the prudence, the wisdom, and the courage which it will bring to their +defense, will transmit them unimpaired and invigorated to our children.</p> + +<p>May the Great Ruler of nations grant that the signal blessings with +which He has favored ours may not, by the madness of party, or personal +ambition, be disregarded and lost, and may His wise providence bring +those who have produced this crisis to see the folly, before they feel +the misery, of civil<span class='pagenum'><a name="Page_143" id="Page_143">[Pg 143]</a></span> strife, and inspire a returning veneration for +that Union which, if we may dare to penetrate His designs, He has +chosen, as the only means of attaining the high destinies to which we +may reasonably aspire.</p> + +<p>In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand.</p> + +<p class="hang">Done at the City of Washington, this 10th day of December, in the year +of our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh.</p> + +<p class="right"> +<span class="smcap">Andrew Jackson.</span></p> + +<p class="noin">By the President.</p> + +<p><span class="smcap">Edw. Livingsoe</span>, <i>Secretary of State</i>.<br /> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_144" id="Page_144">[Pg 144]</a></span></p> +<h2><a name="MONROE_DOCTRINE" id="MONROE_DOCTRINE"></a>MONROE DOCTRINE.</h2> + +<h4>EXTRACT FROM PRESIDENT MONROE'S ANNUAL MESSAGE, WASHINGTON, DEC. 2, +1823.</h4> + + +<p>The citizens of the United States cherish sentiments the most friendly +in favor of the liberty and happiness of their fellow-men on that side +of the Atlantic. In the wars of the European powers, in matters relating +to themselves, we have never taken any part, nor does it comport with +our policy so to do. It is only when our rights are invaded, or +seriously menaced, that we resent injuries or make preparations for our +defence. With the movements in this hemisphere, we are, of necessity, +more immediately connected, and by causes which must be obvious to all +enlightened and impartial observers. The political system of the allied +powers is essentially different, in this respect, from that of America. +This difference proceeds from that which exists in their respective +Governments. And to the defence of our own, which has been achieved by +the loss of so much blood and treasure, and matured by the wisdom of +their most enlightened citizens, and under<span class='pagenum'><a name="Page_145" id="Page_145">[Pg 145]</a></span> which we have enjoyed +unexampled felicity, this whole nation is devoted.</p> + +<p>We owe it, therefore, to candor and to the amicable relations existing +between the United States and those powers, to declare, that we should +consider any attempt on their part to extend their system to any portion +of this hemisphere, as dangerous to our peace and safety.</p> + +<p>With the existing colonies or dependencies of any European power, we +have not interfered, and shall not interfere. But, with the Governments +who have declared their independence, and maintained it, and whose +independence we have, on great consideration, and on just principles, +acknowledged, we could not view any interposition for the purpose of +oppressing them, or controlling, in any other manner, their destiny, by +any European power, in any other light than as the manifestation of an +unfriendly disposition towards the United States.</p> + +<p>In the war between those new Governments and Spain, we declared our +neutrality at the time of their recognition, and to this we have +adhered, and shall continue to adhere, provided no change shall occur, +which, in the judgment of the competent authorities of this Government, +shall make a corresponding change on the part of the United States, +indispensable to their security.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_146" id="Page_146">[Pg 146]</a></span></p> +<h2><a name="THE_DRED_SCOTT_DECISION" id="THE_DRED_SCOTT_DECISION"></a>THE DRED SCOTT DECISION.</h2> + +<h4>DRED SCOTT, PLAINTIFF IN ERROR, <i>vs.</i> JOHN F.A. SANDFORD.</h4> + + +<p>This case was brought up by writ of error, from the Circuit Court of the +United States for the district of Missouri.</p> + +<p>It was an action of trespass <i>vi et armis</i> instituted in the Circuit +Court by Scott against Sanford.</p> + +<p>Prior to the institution of the present suit, an action was brought by +Scott for his freedom in the Circuit Court of St. Louis county, (State +court,) where there was a verdict and judgment in his favor. On a writ +of error to the Supreme Court of the State, the judgment below was +reversed, and the case remanded to the Circuit Court, where it was +continued to await the decision of the case now in question.</p> + +<p>The declaration of Scott contained three counts: one, that Sandford had +assaulted the plaintiff; one,<span class='pagenum'><a name="Page_147" id="Page_147">[Pg 147]</a></span> that he had assaulted Harriet Scott, his +wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his +children.</p> + +<p>Sandford appeared, and filed the following plea:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Dred Scott"> +<tr> + <td align='center'><span class="smcap">Dred Scott</span>,<br /> + <i>vs.</i><br /><span class="smcap">John F.A. Sandford</span>.</td> + <td align='left'><span class="stache">}</span></td> + <td align='left'><i>Plea to the Jurisdiction of the Court.</i></td> +</tr> +</table></div> + + +<h4><span class="smcap">April Term</span>, 1854.</h4> + +<p>And the said John F.A. Sandford, in his own proper person, comes and +says that this court ought not to have or take further cognizance of the +action aforesaid, because he says that said cause of action, and each +and every of them, (if any such have accrued to the said Dred Scott,) +accrued to the said Dred Scott out of the jurisdiction of this court, +and exclusively within the jurisdiction of the courts of the State of +Missouri, for that, to wit: the said plaintiff, Dred Scott, is not a +citizen of the State of Missouri, as alleged in his declaration, because +he is a negro of African descent; his ancestors were of pure African +blood, and were brought into this country and sold as negro slaves, and +this the said Sandford is ready to verify. Wherefore he prays judgment +whether this court can or will take further cognizance of the action +aforesaid.</p> + +<p class="right"> +<span class="smcap">John F.A. Sandford.</span><br /> +</p> + +<p><span class='pagenum'><a name="Page_148" id="Page_148">[Pg 148]</a></span></p><p>To this plea there was a demurrer in the usual form, which was argued +in April, 1854, when the court gave judgment that the demurrer should be +sustained.</p> + +<p>In May, 1854, the defendant, in pursuance of an agreement between +counsel, and with the leave of the court, pleaded in bar of the action:</p> + +<p>1. Not guilty.</p> + +<p>2. That the plaintiff was a negro slave, the lawful property of the +defendant, and, as such, the defendant gently laid his hands upon him, +and thereby had only restrained him, as the defendant had a right to do.</p> + +<p>3. That with respect to the wife and daughters of the plaintiff, in the +second and third counts of the declaration mentioned, the defendant had, +as to them, only acted in the same manner, and in virtue of the same +legal right.</p> + +<p>In the first of these pleas, the plaintiff joined issue; and to the +second and third filed replications alleging that the defendant, of his +own wrong and without the cause in his second and third pleas alleged, +committed the trespasses, etc.</p> + +<p>The counsel then filed the following agreed statement of facts, viz.:</p> + +<p>In the year 1834, the plaintiff was a negro slave belonging to Dr. +Emerson, who was a surgeon in the<span class='pagenum'><a name="Page_149" id="Page_149">[Pg 149]</a></span> army of the United States. In that +year, 1834, said Dr. Emerson took the plaintiff from the State of +Missouri to the military post at Rock Island in the State of Illinois, +and held him there as a slave until the month of April or May, 1836. At +the time last mentioned, said Dr. Emerson removed the plaintiff from +said military post at Rock Island to the military post at Fort Snelling, +situate on the west bank of the Mississippi river, in the Territory +known as Upper Louisiana, acquired by the United States of France, and +situate north of the latitude of thirty-six degrees thirty minutes +north, and north of the State of Missouri. Said Dr. Emerson held the +plaintiff in slavery at said Fort Snelling, from said last-mentioned +date until the year 1838.</p> + +<p>In the year 1835, Harriet, who is named in the second count of the +plaintiff's declaration, was the negro slave of Major Taliaferro, who +belonged to the army of the United States. In that year, 1835, said +Major Taliaferro took said Harriet to said Fort Snelling, a military +post, situated as hereinbefore stated, and kept her there as a slave +until the year 1836, and then sold and delivered her as a slave at said +Fort Snelling unto the said Dr. Emerson hereinbefore named. Said Dr. +Emerson held said Harriet in slavery at said Fort Snelling until the +year 1838.</p> + +<p><span class='pagenum'><a name="Page_150" id="Page_150">[Pg 150]</a></span></p><p>In the year 1836, the plaintiff and said Harriet, at said Fort +Snelling, with the consent of said Dr. Emerson, who then claimed to be +their master and owner, intermarried, and took each other for husband +and wife. Eliza and Lizzie, named in the third count of the plaintiff's +declaration, are the fruit of that marriage. Eliza is about fourteen +years old, and was born on board the steamboat Gipsey, north of the +north line of the State of Missouri, and upon the river Mississippi. +Lizzie is about seven years old, and was born in the State of Missouri, +at the military post called Jefferson Barracks.</p> + +<p>In the year 1838, said Dr. Emerson removed the plaintiff and said +Harriet and their said daughter Eliza, from said Fort Snelling to the +State of Missouri, where they have ever since resided.</p> + +<p>Before the commencement of this suit, said Dr. Emerson sold and conveyed +the plaintiff, said Harriet, Eliza, and Lizzie, to the defendant, as +slaves, and the defendant has ever since claimed to hold them and each +of them as slaves.</p> + +<p>At the times mentioned in the plaintiff's declaration, the defendant +claiming to be owner as aforesaid, laid his hands upon said plaintiff, +Harriet, Eliza, and Lizzie, and imprisoned them, doing in this respect, +however, no more than what he might lawfully do if they were of right +his slaves at such times.</p> + +<p><span class='pagenum'><a name="Page_151" id="Page_151">[Pg 151]</a></span></p><p>Further proof may be given on the trial for either party.</p> + +<p>It is agreed that Dred Scott brought suit for his freedom in the Circuit +Court of St. Louis county; that there was a verdict and judgment in his +favor; that on a writ of error to the Supreme Court, the judgment below +was reversed, and the same remanded to the Circuit Court, where it has +been continued to await the decision of this case.</p> + +<p>In May, 1854, the cause went before a jury, who found the following +verdict, viz.: "As to the first issue joined in this case, we of the +jury find the defendant not guilty; and as to the issue secondly above +joined, we of the jury find that before and at the time when, &c., in +the first count mentioned, the said Dred Scott was a negro slave, the +lawful property of the defendant; and as to the issue thirdly above +joined, we, the jury, find that before and at the time when, &c., in the +second and third counts mentioned, the said Harriet, wife of said Dred +Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were +negro slaves, the lawful property of the defendant."</p> + +<p>Whereupon the court gave judgment for the defendant.</p> + +<p>After an ineffectual motion for a new trial, the plaintiff filed the +following bill of exceptions.</p> + +<p>On the trial of this cause by the jury, the plaintiff,<span class='pagenum'><a name="Page_152" id="Page_152">[Pg 152]</a></span> to maintain the +issues on his part, read to the jury the following agreed statement of +facts, (see agreement above.) No further testimony was given to the jury +by either party. Thereupon the plaintiff moved the court to give to the +jury the following instruction, viz.:</p> + +<p>"That upon the facts agreed to by the parties, they ought to find for +the plaintiff. The court refused to give such instruction to the jury, +and the plaintiff, to such refusal, then and there duly excepted."</p> + +<p>The court then gave the following instruction to the jury, on motion of +the defendant:</p> + +<p>"The jury are instructed, that upon the facts in this case, the law is +with the defendant." The plaintiff excepted to this instruction.</p> + +<p>Upon these exceptions, the case came up to this court.</p> + +<p>It was argued at December term, 1855, and ordered to be reargued at the +present term.</p> + +<p>The opinion of the court, as delivered by Chief Justice Taney, being so +lengthy, we omit all but the summing up, to wit:</p> + +<p>Upon the whole, therefore, it is the judgment of this court, that it +appears by the record before us, that the plaintiff in error is not a +citizen of Missouri, in the sense in which that word is used in the +Constitution;<span class='pagenum'><a name="Page_153" id="Page_153">[Pg 153]</a></span> and that the Circuit Court of the United States, for that +reason, had no jurisdiction in the case, and could give no judgment in +it. Its judgment for the defendant must, consequently, be reversed, and +a mandate issued, directing the suit to be dismissed for want of +jurisdiction.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_154" id="Page_154">[Pg 154]</a></span></p> +<h2><a name="PRESIDENTS_AND_VICE-PRESIDENTS_OF_THE_UNITED_STATES" id="PRESIDENTS_AND_VICE-PRESIDENTS_OF_THE_UNITED_STATES"></a>PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.</h2> + +<h4>WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE.</h4> + + +<h3>BEFORE THE REVOLUTION.</h3> + +<p><span class="smcap">First Congress</span>, Sept. 5, 1774. Peyton Randolph, of Virginia, President. +Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles +Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in +Pennsylvania, Aug. 16, 1824.</p> + +<p><span class="smcap">Second Congress</span>, May 10, 1775. Peyton Randolph, President. Resigned May +24, 1775.</p> + +<p>John Hancock, of Massachusetts, elected his successor. He was born at +Quincy, Mass., 1737, died Oct. 8, 1793. He was President of Congress +until October, 1777.</p> + +<p>Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec. +1778. He was born at Charleston, S.C., 1724, died in South Carolina, +Dec, 1792.</p> + +<p>John Jay, of New York, President from Dec. 10,<span class='pagenum'><a name="Page_155" id="Page_155">[Pg 155]</a></span> 1778, to Sept. 27, 1779. +He was born in New York City, Dec. 12, 1745, died at New York, May 17, +1829.</p> + +<p>Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until +July 10, 1781. He was born in Connecticut, in 1732, died 1796.</p> + +<p>Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, +1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, +June 24, 1817.</p> + +<p>John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782.</p> + +<p>Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb. +4, 1783. He was born at Philadelphia, May 2, 1740, died 1824.</p> + +<p>Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov. +30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, +1800.</p> + +<p>Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov. +23, 1785. He was born in Virginia, 1732, died 1794.</p> + +<p>John Hancock, of Massachusetts, President from Nov. 23, 1785, to June 6, +1786.</p> + +<p>Nathaniel Gorham, of Massachusetts, President from June 6, 1786, to Feb. +2, 1787. He was born at Charlestown, Mass., 1738, died June 11, 1796.</p> + +<p>Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan. +28, 1788. He was born in Edinburgh, Scotland,——, died in 1818.</p> + +<p>Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of +the Congress under the<span class='pagenum'><a name="Page_156" id="Page_156">[Pg 156]</a></span> Confederation, March 3, 1789. He was born in +England, 1748, died in Virginia, 1810.</p> + + +<h3>UNDER THE CONSTITUTION.</h3> + +<p>1789 to 1793.—George Washington, of Virginia, inaugurated as President +of the United States, April 30, 1789. He was born upon Wakefield estate, +Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec. +14, 1799.</p> + +<p>John Adams, of Massachusetts, Vice-President. Born at Braintree, Mass., +Oct. 19, 1735, died July 4, 1826, near Quincy, Mass.</p> + +<p><span class="smcap">Electoral vote.</span>—Geo. Washington, 69; John Adams, 34; John Jay, New +York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; +John Hancock, Massachusetts, 4; Geo. Clinton, New York, 3; Sam'l +Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, +Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Massachusetts, +1—Total, 69. Ten States voted,—Rhode Island, New York, and North +Carolina not voting, not having ratified the Constitution in time.</p> + +<p>1793 to 1797.—George Washington, President, inaugurated March 4, 1793.</p> + +<p>John Adams, Vice-President.</p> + +<p><span class="smcap">Electoral vote.</span>—Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; +Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.—Total, 132. +Fifteen States voted.</p> + +<p><span class='pagenum'><a name="Page_157" id="Page_157">[Pg 157]</a></span></p><p>1797 to 1801.—John, Adams President, inaugurated March 4, 1797.</p> + +<p>Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, +Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826.</p> + +<p><span class="smcap">Electoral vote.</span>—John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, +South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Massachusetts, 15; +Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James +Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, +2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, +1.—Total 138. Sixteen States voting.</p> + +<p>1801 to 1805.—Thomas Jefferson, President, inaugurated March 4, 1801.</p> + +<p>Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, +1756, died at Staten Island, N.Y., Sept. 14, 1836.</p> + +<p><span class="smcap">Electoral vote.</span>—Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; +Chas. C. Pinckney, 64; John Jay 1.—Total, 13. Sixteen States voting.</p> + +<p>There was no choice by the Electoral colleges, and the election was +carried into the House of Representatives, and upon the 36th ballot, ten +States voted for Jefferson, four States for Aaron Burr, and two States +in blank. Jefferson was declared to be elected President, and Burr +Vice-President. The Constitution was then amended, so that the +Vice-President was voted for separately, instead of being the second on +the vote for President.</p> + +<p><span class='pagenum'><a name="Page_158" id="Page_158">[Pg 158]</a></span></p><p>1805 to 1809.—Thomas Jefferson, President, inaugurated March 4, 1805.</p> + +<p>George Clinton, of New York, Vice-President. He was born in Ulster +county, N.Y., 1739, died in Washington, D.C., April 20, 1812.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Thos. Jefferson, 162; Chas. Cotesworth +Pinckney, 14.—Total, 176. Seven States voting. For Vice-President, +George Clinton, 162; Rufus King, New York, 14.</p> + +<p>1809 to 1813.—James Madison, of Virginia, President, inaugurated March +4, 1809. He was born March 16, 1751, in Prince George county, Va., and +died at Montpelier, Va., June 28, 1836.</p> + +<p>George Clinton, of New York, Vice-President, until his death, April 20, +1812.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James Madison, 122; Geo. Clinton, 6; +C.C. Pinckney, 47.—Total, 175. Seventeen States voting. For +Vice-President, George Clinton, 113; James Madison, 3; James Monroe, +Virginia, 3; John Langdon, New Hampshire, 9; Rufus King, New York, 47.</p> + +<p>1813 to 1817.—James Madison, of Virginia, President, inaugurated March +4, 1813.</p> + +<p>Elbridge Gerry, of Massachusetts, Vice-President, until his death, Nov. +23, 1814. He was born at Marblehead, Mass., July 17, 1744, and died at +Washington, D.C.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James Madison, 128; De Witt Clinton, New +York, 89.—Total, 217. Eighteen States voting. For Vice-President, +Elbridge Gerry, 131; Jared Ingersoll, Pa., 86.</p> + +<p><span class='pagenum'><a name="Page_159" id="Page_159">[Pg 159]</a></span></p><p>1817 to 1821.—James Monroe, of Virginia, President, inaugurated March +4, 1817. He was born in Westmoreland county, Va., 1759, and died in New +York, July 4, 1831.</p> + +<p>Daniel D. Tompkins, of New York, Vice-President. Born June 21, 1774, at +Fox Meadows, N.Y., and died at Staten Island, June 11, 1825.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James Monroe, 183; Rufus King, +34.—Total, 221. Nineteen States voting. For Vice-President, Daniel D. +Tompkins, 183; John Eager Howard, Maryland, 22; James Ross, +Pennsylvania, 5; John Marshall, Virginia, 4; Robt. Goodloe Harper, +Maryland, 3.</p> + +<p>1821 to 1825.—James Monroe, President, inaugurated March 4, 1821.</p> + +<p>Daniel D. Tompkins, Vice-President.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James Monroe, 231; John Quincy Adams, +Massachusetts, 1.—Total, 232. Twenty-four States voting. For +Vice-President, Daniel D. Tompkins, 218; Richard Stockton, New Jersey, +8; Robert G. Harper, 1; Richard Rush, Pennsylvania, 1; Daniel Rodney, +Delaware, 1.</p> + +<p>1825 to 1829.—John Quincy Adams, of Massachusetts, President, +inaugurated March 4, 1825. He was born at Quincy, Massachusetts, July +11, 1767, and died at Washington City, Feb. 23, 1848.</p> + +<p>John Caldwell Calhoun, of South Carolina, Vice-President. Born in +Abbeville district, S.C., March 18, 1782, and died March 31, 1850, in +Washington City.</p> + +<p><span class="smcap">Popular vote.</span>—For President, John Quincy<span class='pagenum'><a name="Page_160" id="Page_160">[Pg 160]</a></span> Adams, 105,321; Andrew +Jackson, Tennessee, 152,899; Wm. H. Crawford, Georgia, 47,265; Henry +Clay, Kentucky, 47,087.</p> + +<p><span class="smcap">Electoral vote.</span>—For President Andrew Jackson, 99; John Quincy Adams, +84; Wm, H. Crawford, 41; Henry Clay, 37.—Total, 261. Twenty-four States +voting.</p> + +<p>There being no choice by the Electoral colleges, the vote was taken into +the House of Representatives. Adams received the votes of thirteen +States, Jackson seven, and Crawford four. John Quincy Adams was +therefore declared elected President.</p> + +<p>For Vice-President, the Electoral vote was John C. Calhoun, South +Carolina, 182; Nathan Sanford, New York, 30; Nathaniel Macon, Georgia, +24; Andrew Jackson, Tennessee, 13; Martin Van Buren, New York, 9; Henry +Clay, Kentucky, 2.</p> + +<p>1829 to 1833.—Andrew Jackson, of Tennessee, President, inaugurated +March 4, 1829. He was born in Mecklenburg county, N.C., March 15, 1767, +and died at the Hermitage, Tenn., June 8, 1845.</p> + +<p>John Caldwell Calhoun, Vice-President, until his resignation, Dec. 28, +1832.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Andrew Jackson, 650,028; John Quincy +Adams, 512,158.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Andrew Jackson, 178; J.Q. Adams, +83.—Total, 261. Twenty-four States voting.</p> + +<p>For Vice-President, John C. Calhoun, 171; Richard Rush, Pennsylvania, +83; Wm, Smith, South Carolina, 7.</p> + +<p><span class='pagenum'><a name="Page_161" id="Page_161">[Pg 161]</a></span></p><p>1833 to 1837.—Andrew Jackson, President, inaugurated March 4, 1833.</p> + +<p>Martin Van Buren, of New York, Vice-President. He was born at +Kinderhook, N.Y., Dec. 5, 1782.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Andrew Jackson, 687,502; Henry Clay, +550,189; Opposition, (John Floyd, Virginia, and Wm. Wirt, Maryland,) +33,108.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Andrew Jackson, 219; Henry Clay, 49; +John Floyd, 11; Wm. Wirt, 7.—Total 288. Twenty-four States voting.</p> + +<p>For Vice-President, Martin Van Buren, 189; John Sergeant, Pennsylvania, +49; William Wilkins, Pennsylvania, 30; Henry Lee, Massachusetts, 11; +Amos Ellmaker, Pennsylvania, 7.</p> + +<p>1837 to 1841.—Martin Van Buren, President, inaugurated March 4, 1837.</p> + +<p>Richard M. Johnson, of Kentucky, Vice-President. He was born in 1780, +and died Nov. 19, 1850.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Martin Van Buren, 762,149; Opposition, +(Wm. H. Harrison, Hugh L. White, Daniel Webster, W.P. Mangum,) 736,736.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Martin Van Buren, 170; Wm. H. Harrison, +Ohio, 73; Hugh L. White, Tennessee, 26; Daniel Webster, Massachusetts, +14; W.P. Mangum, 11.—Total, 294. Twenty-six States voting.</p> + +<p>For Vice-President, Richard M. Johnson, Kentucky, 147; Francis Granger, +New York, 77; John Tyler, Virginia, 47; Wm. Smith, Alabama, 23.</p> + +<p><span class='pagenum'><a name="Page_162" id="Page_162">[Pg 162]</a></span></p><p>1841 to 1845—Wm. Henry Harrison, of Ohio, President, until his death, +at Washington, April 4, 1841. He was inaugurated March 4, 1841. He was +born in Berkeley county, Va., Feb. 9, 1773.</p> + +<p>John Tyler, of Virginia, Vice-President. He was born April, 1790, at +Greenway, Charles City county, Va.</p> + +<p>John Tyler, of Virginia, became President by the death of W.H. Harrison. +He took the oath of office April 6, 1841.</p> + +<p><span class="smcap">Popular vote.</span>—Nov. 1840.—For President, Wm. Henry Harrison, 1,274,783; +Martin Van Buren, 1,128,702; James G. Birney, New York, (Abolition,) +7,609.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, W.H. Harrison, 234; M. Van Buren, +60.—Total, 294. Twenty-six States voting.</p> + +<p>For Vice-President, John Tyler, 234; Richard M. Johnson, 48; L.W. +Tazewell, South Carolina, 11; James K. Polk, Tennessee, 1.</p> + +<p>1845 to 1849.—James Knox Polk, of Tennessee, President, inaugurated +March 4, 1845. He was born in Mecklenburg county, North Carolina, Nov. +2, 1795, and died at Nashville, Tennessee, June 15, 1849.</p> + +<p>George Mifflin Dallas, of Pennsylvania, Vice-President. Born in +Philadelphia, July 10, 1792.</p> + +<p><span class="smcap">Popular vote.</span>—For President, James K. Polk, 1,335,834; Henry Clay, +1,297,033; James G. Birney, 62,290.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James K. Polk,<span class='pagenum'><a name="Page_163" id="Page_163">[Pg 163]</a></span> 170; Henry Clay, +105.—Total, 275. Twenty-six States voting.</p> + +<p>For Vice-President, George M. Dallas, 170; Theodore Frelinghuysen, of +New Jersey, 105.</p> + +<p>1849 to 1853.—Zachary Taylor, of Louisiana, President, inaugurated +March 4, 1849. Born in Virginia, 1784, died in Washington City, July 9, +1850.</p> + +<p>Millard Fillmore, of New York, Vice-President. Born in Locke township, +Cayuga county, N.Y., Jan. 7, 1800.</p> + +<p>Millard Fillmore, President, after the death of Zachary Taylor, July 9, +1850. He took the oath of office, July 10, 1850.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Zachary Taylor, 1,362,031; Lewis Cass, of +Michigan, 1,222,445; Martin Van Buren, (Free-Soil,) 291,455.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Zachary Taylor, 163; Lewis Cass, +127.—Total, 290. Thirty States voting.</p> + +<p>For Vice-President, Millard Fillmore, 163; William O. Butler, Kentucky, +127.</p> + +<p>1853 to 1857.—Franklin Pierce, of New Hampshire, President, inaugurated +March 5, 1853. He was born at Hillsboro, N.H., Nov. 23, 1804.</p> + +<p>William R. King, of Alabama, Vice-President. He was born in North +Carolina, April 7, 1786, died at Cahawba, Ala., April 18, 1853.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Franklin Pierce, 1,590,490; Winfield +Scott, 1,378,589; John P. Hale, New Hampshire, (Abolition,) 157,296.</p> + +<p><span class='pagenum'><a name="Page_164" id="Page_164">[Pg 164]</a></span></p><p><span class="smcap">Electoral vote.</span>—For President, Franklin Pierce, 254; Winfield Scott of +New Jersey, 42.—Total, 296. Thirty-one States voting.</p> + +<p>For Vice President, Wm. R. King, 254; Wm. A. Graham, North Carolina, 42.</p> + +<p>1857 to 1861.—James Buchanan, of Pennsylvania, President. He was born +at Stony Batter, Franklin county, Penn., April 22, 1791.</p> + +<p>John C. Breckenridge, of Kentucky, Vice-President. Born near Lexington, +Kentucky, Jan. 21, 1820.</p> + +<p><span class="smcap">Popular vote.</span>—For President, James Buchanan, (Democratic.) 1,832,232; +John C. Fremont, California, (Republican,) 1,341,514; Millard Fillmore, +New York, (American,) 874,707.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, James Buchanan, 174; John C. Fremont, +109; Millard Fillmore, 8.—Total, 291. Thirty-one States voting.</p> + +<p>For Vice-President, John Breckenridge, 174; Wm. L. Dayton, New Jersey, +109; A.J. Donelson, Tennessee, 8.—Total, 291.</p> + +<p>1861 to 1865.—Abraham Lincoln, of Illinois, President, inaugurated +March 4, 1861. He was born near Muldraugh's Hill, Hardin county, Ky., +Feb. 1809.</p> + +<p>Hannibal Hamlin, of Maine, Vice-President. He was born at Paris, Oxford +county, Me., Aug. 27, 1809.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Abraham Lincoln, (Republican,) 1,857,610; +Stephen A. Douglas, of Illinois, (Democratic,) 1,365,976; John C. +Breckenridge,<span class='pagenum'><a name="Page_165" id="Page_165">[Pg 165]</a></span> of Kentucky, (Democratic,) 847,953; John Bell, of +Tennessee, (Constitutional Union,) 590,631.</p> + +<p><span class="smcap">Electoral vote.</span>—For President, Abraham Lincoln, 180; John C. +Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12.—Total, 291. +Thirty-three States voting.</p> + +<p>For Vice-President, Hannibal Hamlin, Maine, 180; Joseph Lane, Oregon, +72; Edward Everett, Massachusetts, 39; Herschel V. Johnson, Georgia, 12.</p> + +<p>1865 to 1869.—Abraham Lincoln, President, inaugurated March 4, 1865.</p> + +<p>Andrew Johnson, of Tennessee, Vice-President.</p> + +<p><span class="smcap">Popular vote.</span>—For President, Abraham Lincoln, (Republican,) 3,213,035; +George B. McClellan, (Democrat,) 1,811,754.</p> + +<p>Upon the assassination of President Lincoln, April 14, 1865, Andrew +Johnson, then Vice-President, assumed the Presidency, and Lafayette S. +Foster, of Norwich, Conn., President of the Senate, became +Vice-President.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_166" id="Page_166">[Pg 166]</a></span></p> +<h2><a name="POPULAR_NAMES_OF_STATES" id="POPULAR_NAMES_OF_STATES"></a>POPULAR NAMES OF STATES.</h2> + + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Popular Names of States"> +<tr><td align='left'>Virginia, the Old Dominion.</td></tr> +<tr><td align='left'>Massachusetts, the Bay State.</td></tr> +<tr><td align='left'>Maine, the Border State.</td></tr> +<tr><td align='left'>Rhode Island, Little Rhody.</td></tr> +<tr><td align='left'>New York, the Empire State.</td></tr> +<tr><td align='left'>New Hampshire, the Granite State.</td></tr> +<tr><td align='left'>Vermont, the Green Mountain State.</td></tr> +<tr><td align='left'>Connecticut, the Land of Steady Habits.</td></tr> +<tr><td align='left'>Pennsylvania, the Keystone State.</td></tr> +<tr><td align='left'>North Carolina, the Old North State.</td></tr> +<tr><td align='left'>Ohio, the Buckeye State.</td></tr> +<tr><td align='left'>South Carolina, the Palmetto State.</td></tr> +<tr><td align='left'>Michigan, the Wolverine State.</td></tr> +<tr><td align='left'>Kentucky, the Corn-Cracker.</td></tr> +<tr><td align='left'>Delaware, the Blue Hen's Chicken.</td></tr> +<tr><td align='left'>Missouri, the Puke State.</td></tr> +<tr><td align='left'>Indiana, the Hoosier State.</td></tr> +<tr><td align='left'>Illinois, the Sucker State.</td></tr> +<tr><td align='left'>Iowa, the Hawkeye State.</td></tr> +<tr><td align='left'>Wisconsin, the Badger State.</td></tr> +<tr><td align='left'>Florida, the Peninsular State.</td></tr> +<tr><td align='left'>Texas, the Lone Star State.</td></tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_167" id="Page_167">[Pg 167]</a></span></p> +<h2><a name="BATTLES_OF_THE_REVOLUTION" id="BATTLES_OF_THE_REVOLUTION"></a>BATTLES OF THE REVOLUTION.</h2> + + +<p>The following statistics show the losses of life in the various battles +of the American Revolution, also the dates of the several battles:</p> + + +<div class='center'> +<table border="0" width="70%" cellpadding="4" cellspacing="6" summary="Battle Deaths in the American Revolution"> +<tr> + <td align='left'> </td> + <td align='center'>British<br />Loss.</td> + <td align='center'>American<br />Loss.</td> +</tr> +<tr> + <td align='left'>Lexington, April 15, 1775</td> + <td align='right'>273</td> + <td align='right'>84</td> +</tr> +<tr> + <td align='left'>Bunker Hill, June 17, 1775</td> + <td align='right'>1054</td> + <td align='right'>456</td> +</tr> +<tr> + <td align='left'>Flatbush, August 12, 1776</td> + <td align='right'>400</td> + <td align='right'>200</td> +</tr> +<tr> + <td align='left'>White Plains, August 26, 1776</td> + <td align='right'>400</td> + <td align='right'>400</td> +</tr> +<tr> + <td align='left'>Trenton, December 25, 1776</td> + <td align='right'>1000</td> + <td align='right'>9</td> +</tr> +<tr> + <td align='left'>Princeton, January 5, 1777</td> + <td align='right'>400</td> + <td align='right'>100</td> +</tr> +<tr> + <td align='left'>Hubbardstown, August 17, 1777</td> + <td align='right'>800</td> + <td align='right'>800</td> +</tr> +<tr> + <td align='left'>Bennington, August 16, 1777</td> + <td align='right'>800</td> + <td align='right'>100</td> +</tr> +<tr> + <td align='left'>Brandywine, September 11, 1777</td> + <td align='right'>500</td> + <td align='right'>1100</td> +</tr> +<tr> + <td align='left'>Stillwater, September 17, 1777</td> + <td align='right'>600</td> + <td align='right'>350</td> +</tr> +<tr> + <td align='left'>Germantown, October 5, 1777</td> + <td align='right'>600</td> + <td align='right'>1250</td> +</tr> +<tr> + <td align='left'>Saratoga, October 17, 1777<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">[A]</a></td> + <td align='right'>5752</td> + <td align='right'>....</td> +</tr> +<tr> + <td align='left'>Red Hook, October 22, 1777</td> + <td align='right'>500</td> + <td align='right'>32</td> +</tr> +<tr> + <td align='left'>Monmouth, June 25, 1778</td> + <td align='right'>400</td> + <td align='right'>130</td> +</tr> +<tr> + <td align='left'>Rhode Island, August 27, 1778</td> + <td align='right'>260</td> + <td align='right'>214</td> +</tr> +<tr> + <td align='left'>Briar Creek, March 30, 1779</td> + <td align='right'>13</td> + <td align='right'>400</td> +</tr> +<tr> + <td align='left'>Stony Point, July 15, 1779</td> + <td align='right'>600</td> + <td align='right'>100</td> +</tr> +<tr> + <td align='left'>Camden, August 16, 1779</td> + <td align='right'>375</td> + <td align='right'>610</td> +</tr> +<tr> + <td align='left'>King's Mountain, October 1, 1780</td> + <td align='right'>950</td> + <td align='right'>66</td> +</tr> +<tr> + <td align='left'>Cowpens, January 17, 1781</td> + <td align='right'>800</td> + <td align='right'>72</td> +</tr> +<tr> + <td align='left'>Guilford C.H., March 15, 1781</td> + <td align='right'>532</td> + <td align='right'>400</td> +</tr> +<tr> + <td align='left'>Hobkirk's Hill, April 25, 1781</td> + <td align='right'>400</td> + <td align='right'>460</td> +</tr> +<tr> + <td align='left'>Eutaw Springs, September, 1781</td> + <td align='right'>1000</td> + <td align='right'>550</td> +</tr> +<tr> + <td align='left'>Yorktown, October, 1781<a href="#Footnote_A_1" class="fnanchor">[A]</a></td> + <td class='tdrbb'>7072</td> + <td class='tdrbb'>....</td> +</tr> +<tr> + <td align='center'>Total</td> + <td align='right'>25,481</td> + <td align='right'>7913</td> +</tr> +</table></div> + +<div class="footnote"><p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">[A]</span></a> Surrendered.</p></div> + + + +<hr /><p><span class='pagenum'><a name="Page_168" id="Page_168">[Pg 168]</a></span></p> +<h2><a name="NEUTRALITY_LAW_OF_THE_UNITED_STATES" id="NEUTRALITY_LAW_OF_THE_UNITED_STATES"></a>NEUTRALITY LAW OF THE UNITED STATES,</h2> + +<h4>AS AMENDED AND APPROVED BY CONGRESS, JULY 26, 1866.</h4> + + +<p class="center">A Bill more effectually to preserve the neutral relations of the United +States.</p> + +<p><i>Be it enacted, &c.</i>, That if any citizen of the United States shall, +within the territory or jurisdiction thereof, accept and exercise a +commission to serve a foreign prince, State, colony, district, or people +in war by land or by sea against any prince, State, colony, district or +people with whom the United States are at peace, the person so offending +shall be deemed guilty of a misdemeanor, and shall on conviction thereof +be punished by a fine of not exceeding $2,000 and imprisonment not +exceeding two years, or either, at the discretion of the Court in which +such offender may be convicted.</p> + +<p><span class="smcap">Sec. 2.</span> <i>And be it further enacted</i>, That if any<span class='pagenum'><a name="Page_169" id="Page_169">[Pg 169]</a></span> person shall, within +the territory or jurisdiction of the United States enlist, or enter +himself, or hire or retain another person to enlist or enter himself, or +to go beyond the limits or jurisdiction of the United States, with +intent to be enlisted or entered into the service of any foreign prince, +State, colony, district or people as a soldier, or as a marine or seaman +on board of any vessel-of-war, letter-of-marque or privateer, every +person so offending shall be deemed guilty of a misdemeanor, and shall +upon conviction therefor be punished by fine not exceeding $1,000, and +imprisonment not exceeding two years, or either of them, at the +discretion of the Court, in case such offender shall be convicted; +provided that this act shall not be construed to extend to any subject +or citizen of any foreign prince, State, colony, district or people, who +shall transiently be within the United States, and shall be on board of +any vessel of war, letter-of-marque or privateer, which, at the time of +its arrival within the United States, was fitted and equipped as such, +enlist or enter himself, and hire or retain another subject or citizen +of the same foreign prince, State, colony, district or people, who is +transiently in the United States, to enlist or enter himself to serve +such foreign prince, State, colony, district or people, on board such +vessel of war, letter-of-marque or privateer, if the United States shall +then be at<span class='pagenum'><a name="Page_170" id="Page_170">[Pg 170]</a></span> peace with such foreign prince, State, colony, district or +people.</p> + +<p><span class="smcap">Sec. 3.</span> <i>And be it further enacted</i>, That if any person shall within the +limits of the United States fit out and arm or attempt to fit out and +arm, or procure to be fitted out and armed, or shall knowingly be +concerned in the furnishing, fitting out and arming of any ship or +vessel with intent that such ship or vessel shall be employed in the +service of any foreign prince, State, colony, district or people, to +cruise or commit hostilities against the subjects, citizens or property +of any foreign prince, State, or any colony, district or people with +whom the United States are at peace, or shall issue or deliver a +commission within the territory or jurisdiction of the United States for +any ship or vessel to the intent that she may be employed as aforesaid, +or shall have on board any person or persons who shall have been +enlisted, or shall have engaged to enlist or serve or shall be departing +from the jurisdiction of the United States with intent to enlist or +serve in contravention of the provisions of this act, every person so +offending shall be deemed guilty of a misdemeanor, and shall, upon +conviction thereof, be punished by a fine not exceeding $3,000, and +imprisonment not exceeding three years, or either of them, at the +discretion of the Court in which such offender shall be convicted; and +every<span class='pagenum'><a name="Page_171" id="Page_171">[Pg 171]</a></span> such ship and vessel, with her tackle, apparel and furniture, +together with all materials, arms, ammunition and stores which may have +been procured for the building and equipment thereof, shall be forfeited +to the United States of America.</p> + +<p><span class="smcap">Sec. 4.</span> <i>And be it further enacted</i>, That it shall be lawful for any +Collector of the Customs who is by law empowered to make seizures for +any forfeiture incurred under any of the laws of Customs, to seize such +ships and vessels in such places and in such manner in which the +officers of the Customs are empowered to make seizures under the law for +the collection and protection of the revenue, and that every such ship +and vessel, with the tackle, apparel and furniture, together with all +the materials, arms, ammunition and stores which may belong to or be on +board such ship or vessel, may be prosecuted or condemned for the +violation of the provisions of this act in like manner as ships or +vessels may be prosecuted and condemned for any breach of the laws made +for the collection and protection of the revenue.</p> + +<p><span class="smcap">Sec. 5.</span> <i>And be it further enacted</i>, That if any person shall within the +territory or jurisdiction of the United States, increase or augment, or +procure to be increased or augmented, or shall knowingly be concerned in +increasing or augmenting the force of any ship of war, or cruiser, or +other armed vessel, which<span class='pagenum'><a name="Page_172" id="Page_172">[Pg 172]</a></span> at the time of her arrival within the United +States was a ship of war, or cruiser, or armed vessel in the service of +any foreign prince, State, colony, district or people, or belonged to +the subjects or citizens of any such prince, State, colony, district or +people, the same being at war with any foreign prince, State, colony, +district or people with whom the United States are at peace, by adding +to the number of guns of such vessel, or by changing those on board of +her for guns of a larger calibre, or by addition thereto of any +equipment solely applicable to war, or shall have on board any person or +persons who shall have enlisted, or engaged to enlist or serve, or who +shall be departing from the jurisdiction of the United States with +intent to enlist or serve in contravention of the provisions of this +act; every person so offending shall be deemed guilty of a misdemeanor, +and shall upon conviction thereof be punished by fine or imprisonment, +or either of them, at the discretion of the court in which such offender +shall be convicted.</p> + +<p><span class="smcap">Sec. 6.</span> <i>And be it further enacted</i>, That the District Courts shall take +cognizance of all complaints, informations, indictments, or other +prosecutions, by whomsoever instituted, in cases of captures made within +the waters of the United States or within a marine league of the coasts +or shores thereof.</p> + +<p><span class="smcap">Sec. 7.</span> <i>And be it further enacted</i>, That in every<span class='pagenum'><a name="Page_173" id="Page_173">[Pg 173]</a></span> case in which a +vessel shall be fitted out and armed, or in which the force of any +vessel of war, cruiser, or other armed vessel shall be increased or +augmented, in every case of the capture of a ship or vessel within the +jurisdiction or protection of the United States, as before defined, and +in every case in which any process issuing out of any court of the +United States shall be disobeyed or resisted by any person or persons +having the custody of any vessel of war, cruiser or other, armed vessel +of any prince or State, or of any colony, district or people, or of any +subjects or citizens of any foreign prince, State, or of any colony, +district or people in any such case, it shall be lawful for the +President of the United States, or such other person as he shall have +empowered for that purpose to employ such part of the land and naval +forces of the United States or of the militia thereof, for the purpose +of taking of and detaining any such ship or vessel with her prize or +prizes, if any, in order to the execution of the prohibition or +penalties of this act, and to the restoring the prize or prizes in the +cases in which restoration shall have been adjudged.</p> + +<p><span class="smcap">Sec. 8.</span> <i>And be it further enacted</i>, That it shall be lawful for the +President of the United States, or such person as he shall empower for +that purpose, to employ such part of the land and naval forces of the +United States, or of the militia thereof, as shall<span class='pagenum'><a name="Page_174" id="Page_174">[Pg 174]</a></span> be necessary to +compel any foreign ship or vessel to depart the United States in all +cases in which, by the laws of nations or the treaties of the United +States they ought not to remain within the United States.</p> + +<p><span class="smcap">Sec. 9.</span> <i>And be it further enacted</i>, That offences made punishable by +the provisions of this act, committed by citizens of the United States, +beyond the jurisdiction of the United States, may be prosecuted and +tried before any court having jurisdiction of the offences prohibited by +this act.</p> + +<p><span class="smcap">Sec. 10.</span> <i>And be it further enacted</i>, That nothing in this act shall be +so construed as to prohibit citizens of the United States from selling +vessels, ships or steamers built within the limits thereof, or materials +or munitions of war, the growth or product of the same, to inhabitants +of other countries, or to Governments not at war with the United States: +provided that the operation of this section of this act shall be +suspended by the President of the United States with regard to any +classes of purchases, whenever the United States shall be engaged in +war, or whenever the maintenance of friendly relations with any foreign +nation may in his judgment require it.</p> + +<p><span class="smcap">Sec. 11.</span> <i>And be it further enacted</i>, That nothing in the foregoing act +shall be construed to prevent the prosecution or punishment of treason, +or any<span class='pagenum'><a name="Page_175" id="Page_175">[Pg 175]</a></span> piracy or other felony defined by the laws of the United States.</p> + +<p><span class="smcap">Sec. 12.</span> <i>And be it further enacted</i>, That all acts and parts of acts +inconsistent with the provisions of this act or inflicting any further +or other penalty or forfeiture than are hereinbefore provided for. The +acts forbidden herein are hereby repealed.</p> + + + +<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_176" id="Page_176">[Pg 176]</a></span></p> +<h2><a name="POPULATION_OF_THE_UNITED_STATES" id="POPULATION_OF_THE_UNITED_STATES"></a>POPULATION OF THE UNITED STATES.</h2> + + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="6" summary="Population"> +<tr> + <td align='center'><small><span class="smcap">States.</span></small></td> + <td align='center'><small>1850.</small></td> + <td align='center'><small>1860.</small></td> +</tr> +<tr> + <td align='left'>Alabama</td> + <td align='right'>771,623</td> + <td align='right'>964,296</td> +</tr> +<tr> + <td align='left'>Arkansas</td> + <td align='right'>209,897</td> + <td align='right'>435,427</td> +</tr> +<tr> + <td align='left'>California</td> + <td align='right'>92,597</td> + <td align='right'>380,015</td> +</tr> +<tr> + <td align='left'>Connecticut</td> + <td align='right'>370,792</td> + <td align='right'>460,151</td> +</tr> +<tr> + <td align='left'>Delaware</td> + <td align='right'>91,532</td> + <td align='right'>112,218</td> +</tr> +<tr> + <td align='left'>Florida</td> + <td align='right'>87,445</td> + <td align='right'>140,439</td> +</tr> +<tr> + <td align='left'>Georgia</td> + <td align='right'>906,185</td> + <td align='right'>1,057,327</td> +</tr> +<tr> + <td align='left'>Illinois</td> + <td align='right'>851,470</td> + <td align='right'>1,711,753</td> +</tr> +<tr> + <td align='left'>Indiana</td> + <td align='right'>988,416</td> + <td align='right'>1,350,479</td> +</tr> +<tr> + <td align='left'>Iowa</td> + <td align='right'>192,214</td> + <td align='right'>674,948</td> +</tr> +<tr> + <td align='left'>Kansas</td> + <td align='right'>...</td> + <td align='right'>107,710</td> +</tr> +<tr> + <td align='left'>Kentucky</td> + <td align='right'>982,405</td> + <td align='right'>1,155,713</td> +</tr> +<tr> + <td align='left'>Louisiana</td> + <td align='right'>517,762</td> + <td align='right'>709,433</td> +</tr> +<tr> + <td align='left'>Maine</td> + <td align='right'>583,169</td> + <td align='right'>628,276</td> +</tr> +<tr> + <td align='left'>Maryland</td> + <td align='right'>583,034</td> + <td align='right'>687,034</td> +</tr> +<tr> + <td align='left'>Massachusetts</td> + <td align='right'>994,514</td> + <td align='right'>1,231,065</td> +</tr> +<tr> + <td align='left'>Michigan</td> + <td align='right'>397,654</td> + <td align='right'>749,112</td> +</tr> +<tr> + <td align='left'>Minnesota</td> + <td align='right'>6,077</td> + <td align='right'>162,022</td> +</tr> +<tr> + <td align='left'>Mississippi</td> + <td align='right'>606,026</td> + <td align='right'>791,395</td> +</tr> +<tr> + <td align='left'>Missouri</td> + <td align='right'>682,044</td> + <td align='right'>1,173,317</td> +</tr> +<tr> + <td align='left'>New Hampshire</td> + <td align='right'>317,976</td> + <td align='right'>326,072</td> +</tr> +<tr> + <td align='left'>New Jersey</td> + <td align='right'>489,555</td> + <td align='right'>672,031</td> +</tr> +<tr> + <td align='left'>New York</td> + <td align='right'>3,097,394</td> + <td align='right'>3,887,542</td> +</tr> +<tr> + <td align='left'>North Carolina</td> + <td align='right'>869,039</td> + <td align='right'>992,667</td> +</tr> +<tr> + <td align='left'>Ohio</td> + <td align='right'>1,980,329</td> + <td align='right'>2,339,599<span class='pagenum'><a name="Page_177" id="Page_177">[Pg 177]</a></span></td> +</tr> +<tr> + <td align='left'>Oregon</td> + <td align='right'>12,093</td> + <td align='right'>52,464</td> +</tr> +<tr> + <td align='left'>Pennsylvania</td> + <td align='right'>2,311,786</td> + <td align='right'>2,906,370</td> +</tr> +<tr> + <td align='left'>Rhode Island</td> + <td align='right'>147,545</td> + <td align='right'>174,621</td> +</tr> +<tr> + <td align='left'>South Carolina</td> + <td align='right'>668,507</td> + <td align='right'>703,812</td> +</tr> +<tr> + <td align='left'>Tennessee</td> + <td align='right'>1,002,717</td> + <td align='right'>1,109,847</td> +</tr> +<tr> + <td align='left'>Texas</td> + <td align='right'>212,592</td> + <td align='right'>601,039</td> +</tr> +<tr> + <td align='left'>Vermont</td> + <td align='right'>314,120</td> + <td align='right'>315,116</td> +</tr> +<tr> + <td align='left'>Virginia</td> + <td align='right'>1,421,661</td> + <td align='right'>1,596,083</td> +</tr> +<tr> + <td align='left'>Wisconsin</td> + <td align='right'>305,391</td> + <td align='right'>775,873</td> +</tr> +<tr> + <td align='center'><small><span class="smcap">Territories, etc.</span></small></td> +</tr> +<tr> + <td align='left'>Colorado</td> + <td align='right'>....</td> + <td align='right'>34,197</td> +</tr> +<tr> + <td align='left'>Dakotah</td> + <td align='right'>....</td> + <td align='right'>4,839</td> +</tr> +<tr> + <td align='left'>Nebraska</td> + <td align='right'>....</td> + <td align='right'>28,842</td> +</tr> +<tr> + <td align='left'>Nevada</td> + <td align='right'>....</td> + <td align='right'>6,857</td> +</tr> +<tr> + <td align='left'>New Mexico</td> + <td align='right'>61,547</td> + <td align='right'>93,541</td> +</tr> +<tr> + <td align='left'>Utah</td> + <td align='right'>11,380</td> + <td align='right'>40,295</td> +</tr> +<tr> + <td align='left'>Washington</td> + <td align='right'>1,201</td> + <td align='right'>11,578</td> +</tr> +<tr> + <td align='left'>District of Columbia</td> + <td class='tdrbb'>51,687</td> + <td class='tdrbb'>75,076</td> +</tr> +<tr> + <td align='center'>Total</td> + <td align='right'>23,191,876</td> + <td align='right'>31,429,891</td> +</tr> +</table></div> +<hr style="width: 10%;" /> + +<p class="center"><a name="SLAVE_POPULATION_IN_THE_US_IN_1860" id="SLAVE_POPULATION_IN_THE_US_IN_1860"></a><big>SLAVE POPULATION IN THE U.S. IN 1860.</big></p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="6" summary="Slave Population"> +<tr> + <td align='center'><small><span class="smcap">States.</span></small></td> + <td align='center'><small>1850.</small></td> + <td align='center'><small>1860.</small></td> +</tr> +<tr> + <td align='left'>Alabama</td> + <td align='right'>342,844</td> + <td align='right'>435,132</td> +</tr> +<tr> + <td align='left'>Arkansas</td> + <td align='right'>47,100</td> + <td align='right'>111,104</td> +</tr> +<tr> + <td align='left'>Delaware</td> + <td align='right'>2,290</td> + <td align='right'>1,798</td> +</tr> +<tr> + <td align='left'>Florida</td> + <td align='right'>39,310</td> + <td align='right'>61,753</td> +</tr> +<tr> + <td align='left'>Georgia</td> + <td align='right'>381,682</td> + <td align='right'>462,230</td> +</tr> +<tr> + <td align='left'>Kentucky</td> + <td align='right'>210,981</td> + <td align='right'>225,490</td> +</tr> +<tr> + <td align='left'>Louisiana</td> + <td align='right'>244,809</td> + <td align='right'>332,520</td> +</tr> +<tr> + <td align='left'>Maryland</td> + <td align='right'>90,368</td> + <td align='right'>87,188</td> +</tr> +<tr> + <td align='left'>Mississippi</td> + <td align='right'>309,878</td> + <td align='right'>436,696</td> +</tr> +<tr> + <td align='left'><span class='pagenum'><a name="Page_178" id="Page_178">[Pg 178]</a></span>Missouri</td> + <td align='right'>87,422</td> + <td align='right'>114,965</td> +</tr> +<tr> + <td align='left'>North Carolina</td> + <td align='right'>288,548</td> + <td align='right'>331,081</td> +</tr> +<tr> + <td align='left'>South Carolina</td> + <td align='right'>384,984</td> + <td align='right'>402,541</td> +</tr> +<tr> + <td align='left'>Tennessee</td> + <td align='right'>239,459</td> + <td align='right'>275,784</td> +</tr> +<tr> + <td align='left'>Texas</td> + <td align='right'>58,161</td> + <td align='right'>180,388</td> +</tr> +<tr> + <td align='left'>Virginia</td> + <td align='right'>472,528</td> + <td align='right'>490,887</td> +</tr> +<tr> + <td align='left'>Nebraska (Territory)</td> + <td align='center'>..</td> + <td align='right'>10</td> +</tr> +<tr> + <td align='left'>Utah "</td> + <td align='center'>..</td> + <td align='right'>29</td> +</tr> +<tr> + <td align='left'>New Mexico "</td> + <td align='right'>26</td> + <td align='right'>24</td> +</tr> +<tr> + <td align='left'>District of Columbia</td> + <td class='tdrbb'>3,687</td> + <td class='tdrbb'>3,181</td> +</tr> +<tr> + <td align='center'>Total</td> + <td align='right'>3,204,077</td> + <td align='right'>3,952,801</td> +</tr> +</table></div> + +<hr style="width: 10%;" /> +<p class="center"><a name="STATISTICS_OF_SLAVERY_BEFORE_THE_REVOLUTION" id="STATISTICS_OF_SLAVERY_BEFORE_THE_REVOLUTION"></a><big>STATISTICS OF SLAVERY BEFORE THE REVOLUTION.</big></p> + +<p class="center">AMERICAN SLAVERY IN 1715.</p> + +<p>In the reign of George I., the ascertained population of the Continental +Colonies was as follows:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="6" summary="American Slaves White and Negro"> +<tr> + <td align='center'> </td> + <td align='center'><small>White Men.</small></td> + <td align='center'><small>Negro Slaves.</small></td> +</tr> +<tr> + <td align='left'>New Hampshire</td> + <td align='right'>9,500</td> + <td align='right'>150</td> +</tr> +<tr> + <td align='left'>Massachusetts</td> + <td align='right'>94,000</td> + <td align='right'>2,000</td> +</tr> +<tr> + <td align='left'>Rhode Island</td> + <td align='right'>7,500</td> + <td align='right'>500</td> +</tr> +<tr> + <td align='left'>Connecticut</td> + <td align='right'>46,000</td> + <td align='right'>1,500</td> +</tr> +<tr> + <td align='left'>New York</td> + <td align='right'>27,000</td> + <td align='right'>4,000</td> +</tr> +<tr> + <td align='left'>Pennsylvania</td> + <td align='right'>43,300</td> + <td align='right'>2,500</td> +</tr> +<tr> + <td align='left'>New Jersey</td> + <td align='right'>21,000</td> + <td align='right'>1,500</td> +</tr> +<tr> + <td align='left'>Maryland</td> + <td align='right'>40,700</td> + <td align='right'>9,400</td> +</tr> +<tr> + <td align='left'>Virginia</td> + <td align='right'>72,000</td> + <td align='right'>23,000</td> +</tr> +<tr> + <td align='left'>North Carolina</td> + <td align='right'>7,500</td> + <td align='right'>3,700</td> +</tr> +<tr> + <td align='left'>South Carolina</td> + <td class='tdrbb'>6,250</td> + <td class='tdrbb'>10,500</td> +</tr> +<tr> + <td align='center'>Total</td> + <td align='right'>375,000</td> + <td align='right'>58,550</td> +</tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_179" id="Page_179">[Pg 179]</a></span></p> +<h2><a name="SPEECH_OF_HON_STEPHEN_A_DOUGLAS" id="SPEECH_OF_HON_STEPHEN_A_DOUGLAS"></a>SPEECH OF HON. STEPHEN A. DOUGLAS.</h2> + +<h4>DELIVERED AT CHICAGO, MAY 1ST, 1861.</h4> + + +<p><span class="smcap">Mr. Chairman:</span> I thank you for the kind terms in which you have been +pleased to welcome me. I thank the Committee and citizens of Chicago for +this grand and imposing reception. I beg you to believe that I will not +do you nor myself the injustice to believe this magnificent ovation is +personal homage to myself. I rejoice to know that it expresses your +devotion to the Constitution, the Union, and the flag of our country. +(Cheers.)</p> + +<p>I will not conceal gratification at the uncontrovertible test this vast +audience presents—that what political differences or party questions +may have divided us, yet you all had a conviction that when the country +should be in danger, my loyalty could be relied on. That the present +danger is imminent, no man can conceal. If war must come—if the bayonet +must be used to maintain the Constitution—I can<span class='pagenum'><a name="Page_180" id="Page_180">[Pg 180]</a></span> say before God my +conscience is clean. I have struggled long for a peaceful solution of +the difficulty. I have not only tendered those States what was theirs of +right, but I have gone to the very extreme of magnanimity.</p> + +<p>The return we receive is war, armies marched upon our capital, +obstructions and dangers to our navigation, letters of marque to invite +pirates to prey upon our commerce, a concerted movement to blot out the +United States of America from the map of the globe. The question is, Are +we to maintain the country of our fathers, or allow it to be stricken +down by those who, when they can no longer govern, threaten to destroy?</p> + +<p>What cause, what excuse do disunionists give us for breaking up the best +Government on which the sun of heaven ever shed its rays? They are +dissatisfied with the result of a Presidential election. Did they never +get beaten before? Are we to resort to the sword when we get defeated at +the ballot box? I understand it that the voice of the people expressed +in the mode appointed by the Constitution must command the obedience of +every citizen. They assume, on the election of a particular candidate, +that their rights are not safe in the Union. What evidence do they +present of this? I defy any man to show any act on which it is based. +What act has<span class='pagenum'><a name="Page_181" id="Page_181">[Pg 181]</a></span> been omitted to be done? I appeal to these assembled +thousands that so far as the constitutional rights of the Southern +States, I will say the constitutional rights of slaveholders, are +concerned, nothing has been done, and nothing omitted, of which they can +complain.</p> + +<p>There has never been a time from the day that Washington was inaugurated +first President of these United States, when the rights of the Southern +States stood firmer under the laws of the land than they do now; there +never was a time when they had not as good a cause for disunion as they +have to-day. What good cause have they now that has not existed under +every Administration?</p> + +<p>If they say the Territorial question—now, for the first time, there is +no act of Congress prohibiting slavery anywhere. If it be the +non-enforcement of the laws, the only complaints that I have heard have +been of the too vigorous and faithful fulfilment of the Fugitive Slave +Law. Then what reason have they?</p> + +<p>The slavery question is a mere excuse. The election of Lincoln is a mere +pretext. The present secession movement is the result of an enormous +conspiracy formed more than a year since—formed by leaders in the +Southern Confederacy more than twelve months ago.</p> + +<p><span class='pagenum'><a name="Page_182" id="Page_182">[Pg 182]</a></span></p><p>They use the Slavery question as a means to aid the accomplishment of +their ends. They desired the election of a Northern candidate, by a +sectional vote, in order to show that the two sections cannot live +together. When the history of the two years from the Lecompton charter +down to the Presidential election shall be written, it will be shown +that the scheme was deliberately made to break up this Union.</p> + +<p>They desired a Northern Republican to be elected by a purely Northern +vote, and then assign this fact as a reason why the sections may not +longer live together. If the disunion candidate in the late Presidential +contest had carried the united South, their scheme was, the Northern +candidate successful, to seize the Capital last spring, and by a united +South and divided North hold it. That scheme was defeated in the defeat +of the disunion candidate in several of the Southern States.</p> + +<p>But this is no time for a detail of causes. The conspiracy is now known. +Armies have been raised, war is levied to accomplish it. There are only +two sides to the question. Every man must be for the United States or +against it. There can be no neutrals in this war; <i>only patriots—or +traitors</i>.</p> + +<p>Thank God, Illinois is not divided on this question. (Cheers.) I know +they expected to present a<span class='pagenum'><a name="Page_183" id="Page_183">[Pg 183]</a></span> united South against a divided North. They +hoped in the Northern States, party questions would bring civil war +between Democrats and Republicans, when the South would step in with her +cohorts, aid one party to conquer the other, and then make easy prey of +the victors. Their scheme was carnage and civil war in the North.</p> + +<p>There is but one way to defeat this. In Illinois it is being so defeated +by closing up the ranks. War will thus be prevented on our own soil. +While there was a hope of peace, I was ready for any reasonable +sacrifice or compromise to maintain it. But when the question comes of +war in the cotton-fields of the South, or the corn-fields of Illinois, I +say the farther off the better.</p> + +<p>We can not close our eyes to the sad and solemn fact that war does +exist. The Government must be maintained, its enemies overthrown, and +the more stupendous our preparations the less the bloodshed, and the +shorter the struggle. But we must remember certain restraints on our +action even in time of war. We are a Christian people, and the war must +be prosecuted in a manner recognized by Christian nations.</p> + +<p>We must not invade Constitutional rights. The innocent must not suffer, +nor women and children be the victims. Savages must not be let loose. +But<span class='pagenum'><a name="Page_184" id="Page_184">[Pg 184]</a></span> while I sanction no war on the rights of others, I will implore my +countrymen not to lay down their arms until our own rights are +recognized. (Cheers.)</p> + +<p>The Constitution and its guarantees are our birthright, and I am ready +to enforce that inalienable right to the last extent. We can not +recognize secession. Recognize it once, and you have not only dissolved +government, but you have destroyed social order—upturned the +foundations of society. You have inaugurated anarchy in its worst form, +and will shortly experience all the horrors of the French Revolution.</p> + +<p>Then we have a solemn duty—to maintain the Government. The greater our +unanimity, the speedier the day of peace. We have prejudices to overcome +from the few short months since of a fierce party contest. Yet these +must be allayed. Let us lay aside all criminations and recriminations as +to the origin of these difficulties. When we shall have again a country +with the United States flag floating over it, and respected on every +inch of American soil, it will then be time enough to ask who and what +brought all this upon us.</p> + +<p>I have said more than I intended to say. (Cries of "Go on.") It is a sad +task to discuss questions so fearful as civil war; but sad as it is, +bloody and disastrous as I expect it will be, I express it as my<span class='pagenum'><a name="Page_185" id="Page_185">[Pg 185]</a></span> +conviction before God, that it is the duty of every American citizen to +rally round the flag of his country.</p> + +<p>I thank you again for this magnificent demonstration. By it you show you +have laid aside party strife. Illinois has a proud position—United, +firm, determined never to permit the Government to be destroyed. +(Prolonged cheering.)</p> + + + +<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_186" id="Page_186">[Pg 186]</a></span></p> +<h2><a name="PRESIDENT_LINCOLNS_FIRST_CALL_FOR_TROOPS" id="PRESIDENT_LINCOLNS_FIRST_CALL_FOR_TROOPS"></a>PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS.</h2> + +<h4>APRIL 15th, 1861.</h4> + + +<p><i>Whereas</i>, the laws of the United States have been for some time past, +and now are, 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; now, therefore, I, Abraham Lincoln, President of +the United States, in virtue of the power in me vested by the +Constitution and the laws, have thought fit to call forth the Militia of +the several States of the Union to the aggregate number of 75,000, in +order to suppress said combinations, and to cause the laws to be duly +executed.</p> + +<p>The details for this object will be immediately communicated to the +State authorities through the<span class='pagenum'><a name="Page_187" id="Page_187">[Pg 187]</a></span> War Department. I appeal to all loyal +citizens to favor, facilitate, and aid, this effort to maintain the +honor, the integrity, and existence, of our national Union, and the +perpetuity of popular government, and to redress wrongs already long +enough endured. I deem it proper to say that the first service assigned +to the forces hereby called forth will probably be to repossess the +forts, places, and property which have been seized from the Union; and +in every event the utmost care will be observed, consistently with the +objects aforesaid, to avoid any devastation, any destruction of, or +interference with property, or any disturbance of peaceful citizens of +any part of the country; and I hereby command the persons composing the +combinations aforesaid, to disperse and retire peaceably to their +respective abodes, within twenty days from this date.</p> + +<p>Deeming that the present condition of public affairs presents an +extraordinary occasion, I do hereby, in virtue of the power in me vested +by the Constitution, convene both houses of Congress. The Senators and +Representatives are, therefore, summoned to assemble at their respective +chambers at twelve o'clock, noon, on Thursday, the fourth day of July +next, then and there to consider and determine such measures as, in +their wisdom, the public safety and interest may seem to demand.</p> + +<p><span class='pagenum'><a name="Page_188" id="Page_188">[Pg 188]</a></span></p><p>In witness 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 fifteenth day of April, in the year +of our Lord, one thousand eight hundred and sixty-one, and of the +independence of the United States the eighty-fifth.</p> + +<p class="right"> +<span class="smcap">Abraham Lincoln.</span></p> + +<p class="noin">By the President.</p> +<p><span class="smcap">William H. Seward</span>, <i>Secretary of State</i>.</p> + + + +<p class="center"><a name="TOTAL_NUMBER_OF_TROOPS_CALLED_INTO_SERVICE_DURING_THE_REBELLION" id="TOTAL_NUMBER_OF_TROOPS_CALLED_INTO_SERVICE_DURING_THE_REBELLION"></a>TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING THE REBELLION.</p> + +<p><span class="smcap">The</span> various calls of the President for men were as follows:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Civil War Troop Calls"> +<tr> + <td align='left'>1861,—3 months' men,</td> + <td align='right'>75,000</td> +</tr> +<tr> + <td align='left'>1861,—3 years' men,</td> + <td align='right'>500,000</td> +</tr> +<tr> + <td align='left'>1862,—3 years' men,</td> + <td align='right'>300,000</td> +</tr> +<tr> + <td align='left'>1862,—9 months' men,</td> + <td align='right'>300,000</td> +</tr> +<tr> + <td align='left'>1864,—3 years' men, February,</td> + <td align='right'>500,000</td> +</tr> +<tr> + <td align='left'>1864,—3 years' men, March,</td> + <td align='right'>200,000</td> +</tr> +<tr> + <td align='left'>1864,—3 years' men, July,</td> + <td align='right'>500,000</td> +</tr> +<tr> + <td align='left'>1864,—3 years' men, December,</td> + <td class='tdrbb'>300,000</td> +</tr> +<tr> + <td align='center'>Total,</td> + <td align='right'>2,675,000</td></tr> +</table></div> + +<p>These do not include the militia that were brought into service during +the various invasions of Lee's armies into Maryland and Pennsylvania.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_189" id="Page_189">[Pg 189]</a></span></p> +<h2><a name="RESOLUTIONS_OF_THE_NY_CHAMBER_OF_COMMERCE" id="RESOLUTIONS_OF_THE_NY_CHAMBER_OF_COMMERCE"></a>RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE.</h2> + +<h4>SUSTAINING THE FEDERAL GOVERNMENT AND URGING A STRICT BLOCKADE OF +SOUTHERN PORTS, APRIL 19TH, 1861.</h4> + + +<p><i>Whereas</i>, Our country has, in the course of events, reached a crisis +unprecedented in its past history, exposing it to extreme dangers, and +involving the most momentous results; and <i>Whereas</i>, The President of +the United States has, by his Proclamation, made known the dangers which +threaten the stability of Government, and called upon the people to +rally in support of the Constitution and laws; and <i>Whereas</i>, The +merchants of New York, represented in this Chamber, have a deep stake in +the results which may flow from the present exposed state of national +affairs, as well as a jealous regard for the honor of that flag under +whose protection they have extended the commerce of this city to the +remotest part of the world; therefore,</p> + +<p><span class='pagenum'><a name="Page_190" id="Page_190">[Pg 190]</a></span></p><p><i>Resolved</i>, That this Chamber, alive to the perils which have been +gathering around our cherished form of Government and menacing its +overthrow, has witnessed with lively satisfaction the determination of +the President to maintain the Constitution and vindicate the supremacy +of Government and law at every hazard. (Cheers.)</p> + +<p><i>Resolved</i>, That the so-called secession of some of the Southern States +having at last culminated in open war against the United States, the +American people can no longer defer their decision between anarchy or +despotism on the one side, and on the other liberty, order, and law +under the most benign Government the world has ever known.</p> + +<p><i>Resolved</i>, That this Chamber, forgetful of past differences of +political opinion among its members, will, with unanimity and patriotic +ardor, support the Government in this great crisis: and it hereby +pledges its best efforts to sustain its credit and facilitate its +financial operations. It also confidently appeals to all men of wealth +to join in these efforts. (Applause.)</p> + +<p><i>Resolved</i>, That while deploring the advent of civil war which has been +precipitated on the country by the madness of the South, the Chamber is +persuaded that policy and humanity alike demand that it should be met by +the most prompt and energetic<span class='pagenum'><a name="Page_191" id="Page_191">[Pg 191]</a></span> measures; and it accordingly recommends +to Government the instant adoption and prosecution of a policy so +vigorous and resistless, that it will crush out treason now and forever. +(Applause.)</p> + +<p><i>Resolved</i>, That the proposition of Mr. Jefferson Davis to issue letters +of marque to whosoever may apply for them, emanating from no recognized +Government, is not only without the sanction of public law, but +piratical in its tendencies, and therefore deserving the stern +condemnation of the civilized world. It cannot result in the fitting out +of regular privateers, but may, in infesting the ocean with piratical +cruisers, armed with traitorous commissions, to despoil our commerce and +that of all other maritime nations. (Applause.)</p> + +<p><i>Resolved</i>, That in view of this threatening evil, it is, in the opinion +of this Chamber, the duty of our Government to issue at once a +proclamation, warning all persons, that privateering under the +commissions proposed will be dealt with as simple piracy. It owes this +duty not merely to itself, but to other maritime nations, who have a +right to demand that the United States Government shall promptly +discountenance every attempt within its borders to legalize piracy. It +should, also, at the earliest moment, blockade every Southern port, so +as to prevent the egress and ingress of such vessels. (Immense +applause.)</p> + +<p><span class='pagenum'><a name="Page_192" id="Page_192">[Pg 192]</a></span></p><p><i>Resolved</i>, That the Secretary be directed to send copies of these +resolutions to the Chambers of Commerce of other cities, inviting their +co-operation in such measures as may be deemed effective in +strengthening the hands of Government in this emergency.</p> + +<p><i>Resolved</i>, That a copy of these resolutions, duly attested by the +officers of the Chamber, be forwarded to the President of the United +States.</p> + + +<h4>BLOCKADE RESOLUTIONS.</h4> + +<p><i>Whereas</i>, War against the Constitution and Government of these United +States has been commenced, and is carried on by certain combinations of +individuals, assuming to act for States at the South claiming to have +seceded from the United States; and</p> + +<p><i>Whereas</i>, Such combinations have officially promulgated an invitation +for the enrollment of vessels, to act under their authorization, and as +so-called "privateers," against the flag and commerce of the United +States; therefore,</p> + +<p><i>Resolved</i>, by the Chamber of Commerce of the State of New York, That +the United States Government be recommended and urged to blockade the +ports of such States, or any other State that shall<span class='pagenum'><a name="Page_193" id="Page_193">[Pg 193]</a></span> join them, and that +this measure is demanded for defence in war, as also for protection to +the commerce of the United States against these so-called "privateers" +invited to enrol under the authority of such States.</p> + +<p><i>Resolved</i>, That the Chamber of Commerce of the State of New York +pledges its hearty and cordial support to such measures as the +Government of the United States may, in its wisdom, inaugurate and carry +through in the blockade of such ports.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_194" id="Page_194">[Pg 194]</a></span></p> +<h2><a name="A_PROCLAMATION" id="A_PROCLAMATION"></a>A PROCLAMATION,</h2> + +<h4>BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, BLOCKADING THE +SOUTHERN PORTS.</h4> + + +<p><i>Whereas</i> an insurrection against the Government of the United States +has broken out in the States of South Carolina, Georgia, Alabama, +Florida, Mississippi, Louisiana, and Texas, and the laws of the United +States for the collection of the revenue can not be efficiently executed +therein conformably to that provision of the Constitution which requires +duties to be uniform throughout the United States:</p> + +<p>And <i>Whereas</i> a combination of persons, engaged in such insurrection, +have threatened to grant pretended letters of marque to authorize the +bearers thereof to commit assaults on the lives, vessels, and property +of good citizens of the country lawfully engaged in commerce on the high +seas, and in waters of the United States:</p> + +<p>And <i>Whereas</i> an Executive Proclamation has<span class='pagenum'><a name="Page_195" id="Page_195">[Pg 195]</a></span> been already issued, +requiring the persons engaged in these disorderly proceedings to desist +therefrom, calling out a militia force for the purpose of repressing the +same, and convening Congress in extraordinary session to deliberate and +determine thereon:</p> + +<p>Now, therefore, I, Abraham Lincoln, President of the United States, with +a view to the same purposes before mentioned, and to the protection of +the public peace, and the lives and property of quiet and orderly +citizens pursuing their lawful occupations, until Congress shall have +assembled and deliberated on the said unlawful proceedings, or until the +same shall have ceased, have further deemed advisable to set on foot a +Blockade of the ports within the States aforesaid, in pursuance of the +laws of the United States and of the laws of nations in such cases +provided. For this purpose a competent force will be posted so as to +prevent entrance and exit of vessels from the ports aforesaid. If, +therefore, with a view to violate such Blockade, a vessel shall +approach, or shall attempt to leave any of the said ports, she will be +duly warned by the Commander of one of the blockading vessels, who will +endorse on her register the fact and date of such warning; and if the +same vessel shall again attempt to enter or leave the blockaded port, +she will be captured and sent to the nearest convenient port, for<span class='pagenum'><a name="Page_196" id="Page_196">[Pg 196]</a></span> such +proceedings against her and her cargo as prize as may be deemed +advisable.</p> + +<p>And I hereby proclaim and declare, that if any person, under the +pretended authority of said States, or under any other pretence, shall +molest a vessel of the United States, or the persons or cargo on board +of her, such person will be held amenable to the laws of the United +States for the prevention and punishment of piracy.</p> + +<p class="right"> +<span class="smcap">Abraham Lincoln.</span></p> + +<p class="noin">By the President.</p> +<p class="center"><span class="smcap">William H. Seward</span>, <i>Secretary of State</i>.</p> + +<p><small><span class="smcap">Washington</span>, April 19, 1861.</small> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_197" id="Page_197">[Pg 197]</a></span></p> +<h2><a name="THE_EMANCIPATION_PROCLAMATION" id="THE_EMANCIPATION_PROCLAMATION"></a>THE EMANCIPATION PROCLAMATION.</h2> + +<h4>BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.</h4> + + +<p>Whereas, on the twenty-second day of September, in the year of our Lord +one thousand eight hundred and sixty-two, a Proclamation was issued by +the President of the United States, containing among other things the +following, to wit:</p> + +<p>"That on the first day of January, in the year of our Lord one thousand +eight hundred and sixty-three, all persons held as slaves within any +State, or designated part of a State, the people whereof shall then be +in rebellion against the United States, shall be then, thenceforth and +<span class="caps">FOREVER FREE</span>, and the Executive Government of the United States, +including the military and naval authorities thereof, will recognize and +maintain the freedom of such persons, and will do no act or acts to +repress such persons, or any of them, in any efforts they may make for +their actual freedom.</p> + +<p>"That the Executive will, on the first day of<span class='pagenum'><a name="Page_198" id="Page_198">[Pg 198]</a></span> January aforesaid, by +proclamation, designate the States and parts of States, if any, in which +the people thereof respectively shall then be in rebellion against the +United States, and the fact that any State, or the people thereof, shall +on that day be in good faith represented in the Congress of the United +States by members chosen thereto at elections wherein a majority of the +qualified voters of such State shall have participated, shall, in the +absence of strong countervailing testimony, be deemed conclusive +evidence that such State and the people thereof are not then in +rebellion against the United States."</p> + +<p>Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by +virtue of the power in me vested as Commander-in-Chief of the Army and +Navy of the United States in time of actual armed rebellion against the +authority and government of the United States, and as a fit and +necessary war measure for suppressing said rebellion, do, on this first +day of January, in the year of our Lord one thousand eight hundred and +sixty-three, and in accordance with my purpose so to do, publicly +proclaim for the full period of one hundred days from the day of the +first above mentioned order, and designate, as the States and parts of +States wherein the people thereof respectively are this day in rebellion +against the United States, the following, to wit:<span class='pagenum'><a name="Page_199" id="Page_199">[Pg 199]</a></span> ARKANSAS, TEXAS, +LOUISIANA, (except the Parishes of St. Bernard, Plaquemines, Jefferson, +St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, +Lafourche, St. Mary, St. Martin, and Orleans, including the City of +Orleans), MISSISSIPPI, ALABAMA, FLORIDA, GEORGIA, SOUTH CAROLINA, NORTH +CAROLINA, and VIRGINIA (except the forty-eight counties designated as +West Virginia, and also the counties of Berkley, Accomac, Northampton, +Elizabeth City, York, Princess Ann, and Norfolk, including the cities of +Norfolk and Portsmouth), and which excepted parts are, for the present, +left precisely as if this Proclamation were not issued.</p> + +<p>And by virtue of the power and for the purpose aforesaid, I do order and +declare that <span class="caps">ALL PERSONS HELD AS SLAVES</span> within said designated States +and parts of States <span class="caps">ARE, AND HENCEFORWARD</span> SHALL BE FREE! and that the +Executive Government of the United States, including the military and +naval authorities thereof, will recognize and maintain the freedom of +said persons.</p> + +<p>And I hereby enjoin upon the people so declared to be free, to abstain +from all violence, unless in necessary self-defence, and I recommend to +them that in all cases, when allowed, they labor faithfully for +reasonable wages.</p> + +<p><span class='pagenum'><a name="Page_200" id="Page_200">[Pg 200]</a></span></p><p>And I further declar and make known that such persons of suitable +condition will be received into the armed service of the United States +to garrison forts, positions, stations and other places, and to man +vessels of all sorts in said service.</p> + +<p>And upon this act, sincerely believed to be an act of justice, warranted +by the Consitution, upon military necessity, I invoke the considerate +judgment of mankind and the gracious favor of Almighty God.</p> + +<p>In testimony whereof I have hereunto set my name, and caused the seal of +the United States to be affixed.</p> + +<p class="noin"> +Done at the City of Washington, this first day<br /> +of January, in the year of our Lord one<br /> +[<span class="caps">L.S.</span>] thousand eight hundred and sixty-three,<br /> +and of the Independence of the United<br /> +States the eighty-seventh.<br /> +</p> +<p class="right">ABRAHAM LINCOLN.</p> + +<p class="noin">By the President.</p> +<p><span class="smcap">William H. Seward</span>,<br /> +<i>Secretary of State.</i> +</p> + +<hr /> +<p><span class='pagenum'><a name="Page_201" id="Page_201">[Pg 201]</a></span></p><h2><a name="THE_CONFISCATION_ACT" id="THE_CONFISCATION_ACT"></a>THE CONFISCATION ACT.</h2> + +<h4>TO CONFISCATE PROPERTY USED FOR INSURRECTIONARY PURPOSES.</h4> + + +<p><i>Be it enacted, etc.</i>, That if, during the present or any future +insurrection against the Government of the United States, after the +President of the United States shall have declared, by proclamation, +that the laws of the United States are opposed, and the execution +thereof obstructed, by combinations too powerful to be suppressed by the +ordinary course of judicial proceedings, or by the power vested in the +marshals by law, any person or persons, his, her, or their agent, +attorney, or employee, shall purchase or acquire, sell or give any +property of whatsoever kind or description, with intent to use or employ +the same, or suffer the same to be used or employed, in aiding, +abetting, or promoting such insurrection or resistance to the laws, or +any person or persons engaged therein; or if any person or persons, +being the<span class='pagenum'><a name="Page_202" id="Page_202">[Pg 202]</a></span> owner or owners of any such property, shall knowingly use or +employ, or consent to the use or employment of the same as aforesaid, +all such property is hereby declared to be lawful subject of prize and +capture wherever found; and it shall be the duty of the President of the +United States to cause the same to be seized, confiscated, and +condemned.</p> + +<p><span class="smcap">Sec. 2.</span> Such prizes and capture shall be condemned in the district or +circuit court of the United States, having jurisdiction of the amount, +or in admiralty in any district in which the same may be seized, or into +which they may be taken and proceedings first instituted.</p> + +<p><span class="smcap">Sec. 3.</span> The Attorney-General, or any district attorney of the United +States in which said property may at the time be, may institute the +proceedings of condemnation, and in such case they shall be wholly for +the benefit of the United States; or any person may file an information +with such attorney, in which case the proceedings shall be for the use +of such informer and the United States in equal parts.</p> + +<p><span class="smcap">Sec. 4.</span> Whenever hereafter, during the present insurrection against the +Government of the United States, any person claimed to be held to labor +or service under the law of any State, shall be required or permitted by +the person to whom such labor or service is claimed to be due, or by the +lawful agent of<span class='pagenum'><a name="Page_203" id="Page_203">[Pg 203]</a></span> such persons, to take up arms against the United +States, or shall be required or permitted by the person to whom such +labor or service is claimed to be due, or his lawful agent, to work or +to be employed in or upon any fort, navy yard, dock, armory, ship, +intrenchment, or in any military or naval service whatsoever, against +the Government and lawful authority of the United States, then, and in +every such case, the person to whom such labor or service is claimed to +be due, shall forfeit his claim to such labor, any law of the State or +of the United States to the contrary notwithstanding. And whenever +thereafter the person claiming such labor or service shall seek to +enforce his claim, it shall be a full and sufficient answer to such +claim that the person whose service or labor is claimed had been +employed in the hostile service against the Government of the United +States, contrary to the provisions of this act.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_204" id="Page_204">[Pg 204]</a></span></p> +<h2><a name="FIRST_INAUGURAL_ADDRESS_OF_PRESIDENT_LINCOLN" id="FIRST_INAUGURAL_ADDRESS_OF_PRESIDENT_LINCOLN"></a>FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN</h2> + +<h4>MARCH 4TH, 1861.</h4> + + +<p class="noin"><i>Fellow-Citizens of the United States</i>:</p> + +<p>In compliance with a custom as old as the Government itself, I appear +before you to address you briefly, and to take, in your presence, the +oath prescribed by the Constitution of the United States to be taken by +the President, before he enters on the execution of his office.</p> + +<p>I do not consider it necessary, at present, for me to discuss those +matters of administration about which there is no special anxiety or +excitement. Apprehension seems to exist among the people of the Southern +States, that, by the accession of a Republican Administration, their +property and their peace<span class='pagenum'><a name="Page_205" id="Page_205">[Pg 205]</a></span> and personal security are to be endangered. +There has never been any reasonable cause for such apprehension. Indeed, +the most ample evidence to the contrary has all the while existed, and +been open to their inspection. It is found in nearly all the published +speeches of him who now addresses you. I do but quote from one of those +speeches, when I declare that "I have no purpose, directly or +indirectly, to interfere with the institution of slavery in the States +where it exists." I believe I have no lawful right to do so; and I have +no inclination to do so. Those who nominated and elected me, did so with +the full knowledge that I had made this, and made many similar +declarations, and had never recanted them. And, more than this, they +placed in the platform, for my acceptance, and as a law to themselves +and to me, the clear and emphatic resolution which I now read:</p> + +<p>"<i>Resolved</i>, That the maintenance inviolate of the rights of the States, +and especially the right of each State to order and control its own +domestic institutions according to its own judgment exclusively, is +essential to that balance of power on which the perfection and endurance +of our political fabric depend; and we denounce the lawless invasion by +armed force of the soil of any State or Territory, no matter under what +pretext, as among the gravest of crimes."</p> + +<p><span class='pagenum'><a name="Page_206" id="Page_206">[Pg 206]</a></span></p><p>I now reiterate these sentiments; and in doing so I only press upon the +public attention the most conclusive evidence of which the case is +susceptible, that the property, peace, and security of no section are to +be in anywise endangered by the now incoming Administration.</p> + +<p>I add, too, that all the protection which, consistently with the +Constitution and the laws, can be given will be cheerfully given to all +the States when lawfully demanded, for whatever cause, as cheerfully to +one section as to another.</p> + +<p>There is much controversy about the delivering up of fugitives from +service or labor. The clause I now read is as plainly written in the +Constitution as any other of its provisions:</p> + +<p>"No person held to service or labor in one State under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due."</p> + +<p>It is scarcely questioned that this provision was intended by those who +made it for the reclaiming of what we call fugitive slaves; and the +intention of the lawgiver is the law.</p> + +<p>All members of Congress swear their support to the whole +Constitution—to this provision as well as<span class='pagenum'><a name="Page_207" id="Page_207">[Pg 207]</a></span> any other. To the +proposition, then, that slaves whose cases come within the terms of this +clause "shall be delivered up," their oaths are unanimous. Now, if they +would make the effort in good temper, could they not, with nearly equal +unanimity, frame and pass a law by means of which to keep good that +unanimous oath?</p> + +<p>There is some difference of opinion whether this clause should be +enforced by National or by State authority; but surely that difference +is not a very material one. If the slave is to be surrendered, it can be +of but little consequence to him or to others by which authority it is +done; and should any one, in any case, be content that this oath shall +go unkept on a merely unsubstantial controversy as to how it shall be +kept?</p> + +<p>Again, in any law upon this subject, ought not all the safeguards of +liberty known in the civilized and humane jurisprudence to be +introduced, so that a free man be not, in any case, surrendered as a +slave? And might it not be well at the same time to provide by law for +the enforcement of that clause in the Constitution which guaranties that +"the citizens of each State shall be entitled to all the privileges and +immunities of citizens of the several States?"</p> + +<p>I take the official oath to-day with no mental<span class='pagenum'><a name="Page_208" id="Page_208">[Pg 208]</a></span> reservations, and with +no purpose to construe the Constitution or laws by any hypercritical +rules; and while I do not choose now to specify particular acts of +Congress as proper to be enforced, I do suggest that it will be much +safer for all, both in official and private stations, to conform to and +abide by all those acts which stand unrepealed, than to violate any of +them, trusting to find impunity in having them held to be +unconstitutional.</p> + +<p>It is seventy-two years since the first inauguration of a President +under our national Constitution. During that period fifteen different +and very distinguished citizens have in succession administered the +executive branch of the government. They have conducted it through many +perils, and generally with great success. Yet, with all this scope for +precedent, I now enter upon the same task, for the brief constitutional +term of four years, under great and peculiar difficulties.</p> + +<p>A disruption of the Federal Union, heretofore only menaced, is now +formidably attempted. I hold that in the contemplation of universal law +and of the Constitution, the Union of these States is perpetual. +Perpetuity is implied, if not expressed, in the fundamental law of all +national governments. It is safe to assert that no government proper +ever had a provision in its organic law for its own termination.<span class='pagenum'><a name="Page_209" id="Page_209">[Pg 209]</a></span> +Continue to execute all the express provisions of our national +Constitution, and the Union will endure forever, it being impossible to +destroy it, except by some action not provided for in the instrument +itself.</p> + +<p>Again, if the United States be not a government proper, but an +association of States in the nature of a contract merely, can it, as a +contract, be peaceably unmade by less than all the parties who made it? +One party to a contract may violate it—break it, so to speak; but does +it not require all to lawfully rescind it? Descending from these general +principles we find the proposition that in legal contemplation the Union +is perpetual, confirmed by the history of the Union itself.</p> + +<p>The Union is much older than the Constitution. It was formed, in fact, +by the Articles of Association in 1774. It was matured and continued in +the Declaration of Independence in 1776. It was further matured, and the +faith of all the then thirteen States expressly plighted and engaged +that it should be perpetual, by the Articles of Confederation, in 1778; +and, finally, in 1787, one of the declared objects for ordaining and +establishing the Constitution was to form a more perfect Union. But if +the destruction of the Union by one or by a part only of the States be +lawfully possible, the Union is less than before,<span class='pagenum'><a name="Page_210" id="Page_210">[Pg 210]</a></span> the Constitution +having lost the vital element of perpetuity.</p> + +<p>It follows from these views that no State, upon its own mere motion, can +lawfully get out of the Union; that resolves and ordinances to that +effect, are legally void; and that acts of violence within any State or +States against the authority of the United States, are insurrectionary +or revolutionary, according to circumstances.</p> + +<p>I therefore consider that, in view of the Constitution and the laws, the +Union is unbroken, and, to the extent of my ability, I shall take care, +as the Constitution itself expressly enjoins upon me, that the laws of +the Union shall be faithfully executed in all the States. Doing this, +which I deem to be only a simple duty on my part, I shall perfectly +perform it, so far as is practicable, unless my rightful masters, the +American people, shall withhold the requisition, or in some +authoritative manner direct the contrary.</p> + +<p>I trust this will not be regarded as a menace, but only as the declared +purpose of the Union that it will constitutionally defend and maintain +itself.</p> + +<p>In doing this there need be no bloodshed or violence, and there shall be +none unless it is forced upon the national authority.</p> + +<p>The power confided to me <i>will be used to hold, occupy, and possess the +property and places belonging<span class='pagenum'><a name="Page_211" id="Page_211">[Pg 211]</a></span> to the Government</i>, and collect the +duties and imposts; but beyond what may be necessary for these objects +there will be no invasion, no using of force against or among the people +anywhere.</p> + +<p>Where hostility to the United States shall be so great and so universal +as to prevent competent resident citizens from holding the Federal +offices, there will be no attempt to force obnoxious strangers among the +people that object. While the strict legal right may exist of the +Government to enforce the exercise of these offices, the attempt to do +so would be so irritating, and so nearly impracticable withal, that I +deem it better to forego for the time the uses of such offices.</p> + +<p>The mails, unless repelled, will continue to be furnished in all parts +of the Union.</p> + +<p>So far as possible, the people everywhere shall have that sense of +perfect security which is most favorable to calm thought and reflection.</p> + +<p>The course here indicated will be followed, unless current events and +experience shall show a modification or change to be proper; and in +every case and exigency my best discretion will be exercised according +to the circumstances actually existing, and with a view and hope of a +peaceful solution of the national troubles, and the restoration of +fraternal sympathies and affections.</p> + +<p><span class='pagenum'><a name="Page_212" id="Page_212">[Pg 212]</a></span></p><p>That there are persons, in one section or another, who seek to destroy +the Union at all events, and are glad of any pretext to do it, I will +neither affirm nor deny. But if there be such, I need address no word to +them.</p> + +<p>To those, however, who really love the Union, may I not speak, before +entering upon so grave a matter as the destruction of our national +fabric, with all its benefits, its memories, and its hopes? Would it not +be well to ascertain why we do it? Will you hazard so desperate a step, +while any portion of the ills you fly from, have no real existence? Will +you, while the certain ills you fly to, are greater than all the real +ones you fly from? Will you risk the commission of so fearful a mistake? +All profess to be content in the Union if all constitutional rights can +be maintained. Is it true, then, that any right, plainly written in the +Constitution has been denied? I think not. Happily the human mind is so +constituted, that no party can reach to the audacity of doing this.</p> + +<p>Think, if you can, of a single instance in which a plainly-written +provision of the Constitution has ever been denied. If, by the mere +force of numbers, a majority should deprive a minority of any +clearly-written constitutional right, it might, in a moral point of +view, justify revolution; it certainly would,<span class='pagenum'><a name="Page_213" id="Page_213">[Pg 213]</a></span> if such right were a +vital one. But such is not our case.</p> + +<p>All the vital rights of minorities and of individuals are so plainly +assured to them by affirmations and negations, guaranties and +prohibitions in the Constitution, that controversies never arise +concerning them. But no organic law can ever be framed with a provision +specifically applicable to every question which may occur in practical +administration. No foresight can anticipate, nor any document of +reasonable length contain, express provisions for all possible +questions. Shall fugitives from labor be surrendered by national or by +State authorities? The Constitution does not expressly say. Must +Congress protect slavery in the Territories? The Constitution does not +expressly say. From questions of this class, spring all our +constitutional controversies, and we divide upon them into majorities +and minorities.</p> + +<p>If the minority will not acquiesce, the majority must, or the government +must cease. There is no alternative for continuing the government but +acquiescence on the one side or the other. If a minority in such a case, +will secede rather than acquiesce, they make a precedent which in turn +will ruin and divide them, for a minority of their own will secede from +them whenever a majority refuses to be controlled by such a minority. +For instance, why not<span class='pagenum'><a name="Page_214" id="Page_214">[Pg 214]</a></span> any portion of a new confederacy, a year or two +hence, arbitrarily secede again, precisely as portions of the present +Union now claim to secede from it? All who cherish disunion sentiments +are now being educated to the exact temper of doing this. Is there such +perfect identity of interests among the States to compose a new Union as +to produce harmony only, and prevent renewed secession? Plainly, the +central idea of secession is the essence of anarchy.</p> + +<p>A majority held in restraint by constitutional check and limitation, and +always changing easily with deliberate changes of popular opinions and +sentiments, is the only true sovereign of a free people. Whoever rejects +it, does, of necessity, fly to anarchy or to despotism. Unanimity is +impossible; and the rule of a majority, as a permanent arrangement, is +wholly inadmissible. So that, rejecting the majority principle, anarchy +or despotism in some form is all that is left.</p> + +<p>I do not forget the position assumed by some that constitutional +questions are to be decided by the Supreme Court, nor do I deny that +such decisions must be binding in any case upon the parties to a suit, +as to the object of that suit, while they are also entitled to very high +respect and consideration in all parallel cases by all other departments +of the government; and while it is obviously possible that<span class='pagenum'><a name="Page_215" id="Page_215">[Pg 215]</a></span> such +decision may be erroneous in any given case, still the evil effect +following it, being limited to that particular case, with the chance +that it may be overruled and never become a precedent for other cases, +can better be borne than could the evils of a different practice.</p> + +<p>At the same time the candid citizen must confess that if the policy of +the government upon the vital questions affecting the whole people is to +be irrevocably fixed by the decisions of the Supreme Court, the instant +they are made, as in ordinary litigation between parties in personal +actions, the people will have ceased to be their own masters, unless +having to that extent practically resigned their government into the +hands of that eminent tribunal.</p> + +<p>Nor is there in this view any assault upon the court or the judges. It +is a duty from which they may not shrink, to decide cases properly +brought before them; and it is no fault of theirs if others seek to turn +their decisions into political purposes. One section of our country +believes slavery is right and ought to be extended, while the other +believes it is wrong and ought not to be extended; and this is the only +substantial dispute; and the fugitive slave clause of the Constitution, +and the law for the suppression of the foreign slave trade, are each as +well enforced, perhaps, as any law can ever be in a community<span class='pagenum'><a name="Page_216" id="Page_216">[Pg 216]</a></span> where the +moral sense of the people imperfectly supports the law itself. The great +body of the people abide by the dry legal obligation in both cases, and +a few break over in each. This, I think, cannot be perfectly cured, and +it would be worse in both cases after the separation of the sections +than before. The foreign slave trade, now imperfectly suppressed, would +be ultimately revived, without restriction, in one section; while +fugitive slaves, now only partially surrendered, would not be +surrendered at all by the other.</p> + +<p>Physically speaking we cannot separate—we cannot remove our respective +sections from each other, nor build an impassable wall between them. A +husband and wife may be divorced, and go out of the presence and beyond +the reach of each other, but the different sections of our country +cannot do this. They cannot but remain face to face; and intercourse, +either amicable or hostile, must continue between them. Is it possible, +then, to make that intercourse more advantageous or more satisfactory +after separation than before? Can aliens make treaties easier than +friends can make laws? Can treaties be more faithfully enforced between +aliens than laws can among friends? Suppose you go to war, you cannot +fight always; and when, after much loss on both sides and no gain on +either, you cease<span class='pagenum'><a name="Page_217" id="Page_217">[Pg 217]</a></span> fighting, the identical questions as to terms of +intercourse are again upon you.</p> + +<p>This country, with its institutions, belongs to the people who inhabit +it. Whenever they shall grow weary of the existing government, they can +exercise their constitutional right of amending, or their revolutionary +right to dismember or overthrow it. I cannot be ignorant of the fact +that many worthy and patriotic citizens are desirous of having the +national Constitution amended. While I make no recommendation of +amendment, I fully recognize the full authority of the people over the +whole subject, to be exercised in either of the modes prescribed in the +instrument itself, and I should, under existing circumstances, favor, +rather than oppose, a fair opportunity being afforded the people to act +upon it.</p> + +<p>I will venture to add, that to me the convention mode seems preferable, +in that it allows amendments to originate with the people themselves, +instead of only permitting them to take or reject propositions +originated by others not especially chosen for the purpose, and which +might not be precisely such as they would wish either to accept or +refuse. I understand that a proposed amendment to the Constitution +(which amendment, however, I have not seen) has passed Congress, to the +effect that the Federal Government shall never interfere with the +domestic<span class='pagenum'><a name="Page_218" id="Page_218">[Pg 218]</a></span> institutions of States, including that of persons held to +service. To avoid misconstruction of what I have said, I depart from my +purpose not to speak of particular amendments, so far as to say that, +holding such a provision to now be implied constitutional law, I have no +objection to its being made express and irrevocable.</p> + +<p>The chief magistrate derives all his authority from the people, and they +have conferred none upon him to fix the terms for the separation of the +States. The people themselves, also, can do this if they choose, but the +Executive, as such, has nothing to do with it. His duty is to administer +the present government as it came to his hands, and to transmit it +unimpaired by him to his successor. Why should there not be a patient +confidence in the ultimate justice of the people? Is there any better or +equal hope in the world? In our present differences is either party +without faith of being in the right? If the Almighty Ruler of nations, +with his eternal truth and justice, be on your side of the North, or on +yours of the South, that truth and that justice will surely prevail by +the judgment of this great tribunal, the American people. By the frame +of the Government under which we live, this same people have wisely +given their public servants but little power for mischief, and have with +equal wisdom provided<span class='pagenum'><a name="Page_219" id="Page_219">[Pg 219]</a></span> for the return of that little to their own hands +at very short intervals. While the people retain their virtue and +vigilance, no administration, by any extreme wickedness or folly, can +very seriously injure the Government in the short space of four years.</p> + +<p>My countrymen, one and all, think calmly and well upon this whole +subject. Nothing valuable can be lost by taking time.</p> + +<p>If there be an object to hurry any of you, in hot haste, to a step which +you would never take deliberately, that object will be frustrated by +taking time; but no good object can be frustrated by it.</p> + +<p>Such of you as are now dissatisfied still have the old Constitution +unimpaired, and on the sensitive point, the laws of your own framing +under it; while the new administration will have no immediate power, if +it would, to change either.</p> + +<p>If it were admitted that you who are dissatisfied hold the right side in +the dispute, there is still no single reason for precipitate action. +Intelligence, patriotism, Christianity, and a firm reliance on Him who +has never yet forsaken this favored land, are still competent to adjust, +in the best way, all our present difficulties.</p> + +<p>In your hands, my dissatisfied fellow-countrymen, and not in mine, is +the momentous issue of civil war. The government will not assail you.</p> + +<p><span class='pagenum'><a name="Page_220" id="Page_220">[Pg 220]</a></span></p><p>You can have no conflict without being yourselves the aggressors. You +have no oath registered in Heaven to destroy the government; while I +shall have the most solemn one to "preserve, protect, and defend it."</p> + +<p>I am loath to close. We are not enemies, but friends. We must not be +enemies. Though passion may have strained, it must not break our bonds +of affection.</p> + +<p>The mystic cords of memory, stretching from every battle-field and +patriot grave to every living heart and hearthstone all over this broad +land, will yet swell the chorus of the Union, when again touched, as +surely they will be, by the better angels of our nature.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_221" id="Page_221">[Pg 221]</a></span></p> +<h2><a name="THE_BALANCE_SHEET_OF_THE_GOVERNMENT" id="THE_BALANCE_SHEET_OF_THE_GOVERNMENT"></a>THE BALANCE SHEET OF THE GOVERNMENT,</h2> + +<p><span class="caps">BEFORE AND SINCE THE WAR</span>, 1859 <span class="caps">AND</span> 1865.</p> + + +<p> +The receipts into the Treasury during the fiscal year ending<br /> +June 30, 1859, were as follows:</p> + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Treasury Receipts"> +<tr> + <td align='left'>From Customs</td> + <td align='right'>$49,565,824 38</td> +</tr> +<tr> + <td align='left'>From Public Lands</td> + <td align='right'>1,756,687 30</td> +</tr> +<tr> + <td align='left'>From Miscellaneous Sources</td> + <td align='right'>2,082,559 33</td> +</tr> +<tr> + <td align='left'>From Treasury Notes</td> + <td align='right'>9,667,400 00</td> +</tr> +<tr> + <td align='left'>From Loans</td> + <td class='tdrbb'>18,620,000 00</td> +</tr> +<tr> + <td align='center'>Aggregate resources for the year ending</td></tr> +<tr> + <td align='center'>June 30, 1859</td> + <td align='right'>$88,090,787 11</td></tr> +</table></div> + +<p>Which amount was expended as follows:</p> + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Treasury Receipts"> +<tr> + <td align='left'>Civil, Foreign and Miscellan's</td> + <td align='right'>$23,635,820 94</td> +</tr> +<tr> + <td align='left'>Interior (Indians and Pensions),</td> + <td align='right'>4,753,972 60</td> +</tr> +<tr> + <td align='left'>War Department</td> + <td align='right'>23,243,822 38</td> +</tr> +<tr> + <td align='left'>Navy Department</td> + <td align='right'>14,712,610 21</td> +</tr> +<tr> + <td align='left'>Public Debt</td> + <td class='tdrbb'>17,405,285 44</td> +</tr> +<tr> + <td align='left'>Total expenses for the year</td> + <td align='right'>$83,751,511 57</td> +</tr> +<tr> + <td align='left'>Balance in Treasury July 1, 1859</td> + <td align='right'>4,339,275 54</td> +</tr> +</table></div> + +<p>The receipts into the Treasury during the fiscal year +ending June 30, 1865, was $1,898,532,533 24, of which were +received:</p> + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="1865 Balances"> +<tr> + <td align='left'>From loans applied to expenses</td> + <td align='right'>$864,863,499 17</td> +</tr> +<tr> + <td align='left'>From loans applied to Public Debt</td> + <td align='right'>607,361,241 68</td> +</tr> +<tr> + <td align='left'>From Internal Revenue</td> + <td align='right'>209,464,215 25</td> +</tr> +<tr> + <td align='left'> </td> +</tr> +<tr> + <td align='left'>Expenditures for the year</td> + <td align='right'>$1,897,674,224 09</td> +</tr> +<tr> + <td align='left'>War Department charged with</td> + <td align='right'>1,031,323,360 79</td> +</tr> +<tr> + <td align='left'>Balance in Treasury July 1, 1865</td> + <td align='right'>858,309 15</td> +</tr> +<tr> + <td align='left'>Total increase of Public Debt during the year</td> + <td align='right'>941,902,537 04</td> +</tr> +</table></div> + + + +<hr /><p><span class='pagenum'><a name="Page_222" id="Page_222">[Pg 222]</a></span></p> +<h2><a name="PRESIDENT_LINCOLNS_SECOND_AND_LAST_INAUGURAL_ADDRESS" id="PRESIDENT_LINCOLNS_SECOND_AND_LAST_INAUGURAL_ADDRESS"></a>PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL ADDRESS.</h2> + +<h4><span class="smcap">March 4, 1865.</span></h4> + +<p><span class="smcap">Fellow-Countrymen:</span> At this second appearing to take the oath of the +Presidential office, there is less occasion for an extended address than +there was at the first. Then a statement, somewhat in detail, of a +course to be pursued seemed very fitting and proper. Now, at the +expiration of four years, during which public declarations have been +constantly called forth on every point and phase of the great contest +which still absorbs the attention and engrosses the energies of the +nation, little that is new could be presented.</p> + +<p>The progress of our arms, upon which all else chiefly depends, is as +well known to the public as to myself, and it is, I trust reasonably +satisfactory and encouraging to all. With high hope for the future, no +prediction in regard to it is ventured.</p> + +<p><span class='pagenum'><a name="Page_223" id="Page_223">[Pg 223]</a></span></p><p>On the occasion corresponding to this four years ago, all thoughts were +anxiously directed to an impending civil war. All dreaded it; all sought +to avoid it. While the inaugural address was being delivered from this +place, devoted altogether to saving the Union without war, insurgent +agents were in the city seeking to destroy it without war—seeking to +dissolve the Union and divide the effects by negotiation. Both parties +deprecated war, but one of them would make war rather than let the +nation survive; and the other would rather accept war than let it +perish, and the war came.</p> + +<p>One-eighth of the whole population were colored slaves, not distributed +generally over the Union, but localized in the Southern part of it. +These slaves constituted a peculiar and powerful interest. All knew that +this interest was somehow the cause of the war. To strengthen, +perpetuate, and extend this interest, was the object for which the +insurgents would rend the Union even by war, while the Government +claimed no right to do more than to restrict the territorial enlargement +of it.</p> + +<p>Neither party expected for the war the magnitude or the duration which +it has already attained. Neither anticipated that the cause of the +conflict might cease with, or even before the conflict itself should +cease. Each looked for an easier triumph,<span class='pagenum'><a name="Page_224" id="Page_224">[Pg 224]</a></span> and a result less fundamental +and astounding.</p> + +<p>Both read the same Bible, and pray to the same God; and each invoke his +aid against the other. It may seem strange that any men should dare to +ask a just God's assistance in wringing their bread from the sweat of +other men's faces; but let us judge not, that we be not judged. The +prayers of both could not be answered. That of neither has been answered +fully. The Almighty has his own purposes. "Woe unto the world because of +offences, for it must needs be that offences come; but woe to that man +by whom the offence cometh." If we shall suppose that American slavery +is one of these offences, which, in the providence of God, must needs +come, but which, having continued through his appointed time, he now +wills to remove, and that he gives to both North and South this terrible +war as the woe due to those by whom the offence came, shall we discern +therein any departure from those divine attributes which the believers +in a living God always ascribe to him? Fondly do we hope, fervently do +we pray, that this mighty scourge of war may soon pass away. Yet, if God +wills that it continue until all the wealth piled by the bondman's two +hundred and fifty years of unrequited toil shall be sunk, and until +every drop of blood drawn with<span class='pagenum'><a name="Page_225" id="Page_225">[Pg 225]</a></span> the lash, shall be paid with another +drawn by the sword; as was said three thousand years ago, so still it +must be said, "The judgments of the Lord are true and righteous +altogether."</p> + +<p>With malice toward none, with charity to all, with firmness in the +right, as God gives us to see the right, let us strive on to finish the +work we are in; to bind up the nation's wounds; to care for him who +shall have borne the battle, and for his widow and his orphans; to do +all which may achieve and cherish a just and a lasting peace among +ourselves and with all nations.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_226" id="Page_226">[Pg 226]</a></span></p> +<h2><a name="PRESIDENT_LINCOLNS_PROCLAMATION_OF_AMNESTY" id="PRESIDENT_LINCOLNS_PROCLAMATION_OF_AMNESTY"></a>PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY.</h2> + +<h4>ACCOMPANYING THE PRESIDENT'S MESSAGE, DECEMBER 8, 1863.</h4> + + +<p><span class="smcap">Whereas</span>, in and by the Constitution of the United States, it is provided +that the President "shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment;" and +whereas a rebellion now exists whereby the loyal State governments of +several States have for a long time been subverted, and many persons +have committed and are now guilty of treason against the United States; +and whereas, with reference to said rebellion and treason, laws have +been enacted by Congress declaring forfeitures and confiscation of +property and liberation of slaves, all upon terms and conditions therein +stated; and also declaring that the President was thereby authorized at +any time thereafter, by proclamation, to extend to persons who may have +participated in the<span class='pagenum'><a name="Page_227" id="Page_227">[Pg 227]</a></span> existing rebellion, in any State or part thereof, +pardon and amnesty, with such exceptions and at such times and on such +conditions as he may deem expedient for the public welfare; and whereas +the congressional declaration for limited and conditional pardon accords +with well established judicial exposition of the pardoning power; and +whereas, with reference to said rebellion, the President of the United +States has issued several proclamations with provisions in regard to the +liberation of slaves; and whereas it is now desired by some persons +heretofore engaged in said rebellion to resume their allegiance to the +United States, and to reinaugurate loyal State governments within and +for their respective States: Therefore,</p> + +<p>"I, <span class="smcap">Abraham Lincoln</span>, President of the United States, do proclaim, +declare, and make known to all persons who have, directly or by +implication, participated in the existing rebellion, except as +hereinafter excepted, that a full pardon is hereby granted to them and +each of them, with restoration of all rights of property, except as to +slaves, and in property cases where rights of third parties shall have +intervened, and upon the condition that every such person shall take and +subscribe an oath, and thenceforward keep and maintain such oath +inviolate; and which oath shall be registered for permanent +preservation,<span class='pagenum'><a name="Page_228" id="Page_228">[Pg 228]</a></span> and shall be of the tenor and effect following, to wit:</p> + +<p>"I, ————, do solemnly swear, 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 acts of +Congress passed during the existing rebellion with reference to slaves, +so long and so far as not repealed, modified, or held void by Congress, +or by decision of the Supreme Court; and that I will, in like manner, +abide by and faithfully support all proclamations of the President made +during the existing rebellion having reference to slaves, so long and so +far as not modified or declared void by decision of the Supreme Court. +So help me God."</p> + +<p>The persons excepted from the benefits of the foregoing provisions are, +all who are, or shall have been, civil or diplomatic officers or agents +of the so-called confederate government; all who have left judicial +stations under the United States to aid the rebellion; all who are, or +shall have been, military or naval officers of said so-called +confederate government, above the rank of colonel in the army, or of +lieutenant in the navy; all who left seats in the United States Congress +to aid the rebellion; all who<span class='pagenum'><a name="Page_229" id="Page_229">[Pg 229]</a></span> resigned commissions in the Army or Navy +of the United States, and afterwards aided the rebellion; and all who +have engaged in any way in treating colored persons, or white persons in +charge of such, otherwise than lawfully as prisoners of war, and which +persons may have been found in the United States Service as soldiers, +seamen, or in any other capacity.</p> + +<p>And I do further proclaim, declare and make known, that whenever, in any +of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, +Alabama, Georgia, Florida, South Carolina, and North Carolina, a number +of persons, not less than one-tenth in number of the votes cast in such +State at the presidential election of the year of our Lord 1860, each +having taken the oath aforesaid, and not having since violated it, and +being a qualified voter by the election law of the State existing +immediately before the so-called act of secession, and excluding all +others shall re-establish a State government which shall be republican, +and in nowise contravening said oath, such shall be recognized as the +true government of the State, and the State shall receive thereunder the +benefits of the constitutional provision which declares that "the United +States shall guaranty to every State in this Union a republican form of +government, and shall protect each of them<span class='pagenum'><a name="Page_230" id="Page_230">[Pg 230]</a></span> against invasion; and, on +application of the Legislature, or the Executive (when the Legislature +cannot be convened), against domestic violence."</p> + +<p>And I do further proclaim, declare, and make known that any provision +which may be adopted by such State government in relation to the freed +people of such State, which shall recognize and declare their permanent +freedom, provide for their education, and which may yet be consistent, +as a temporary arrangement, with their present condition as a laboring, +landless, and homeless class, will not be objected to by the National +Executive. And it is suggested as not improper, that, in constructing a +loyal State government in any State, the name of the State, the +boundary, the subdivisions, the constitution, and the general code of +laws, as before the rebellion, be maintained, subject only to the +modifications made necessary by the conditions hereinbefore stated, and +such others, if any, not contravening said conditions, and which may be +deemed expedient by those framing the new State government.</p> + +<p>To avoid misunderstanding, it may be proper to say that this +proclamation, so far as it relates to State governments, has no +reference to States wherein loyal State governments have all the while +been maintained. And for the same reason, it may be proper to further +say that whether members sent<span class='pagenum'><a name="Page_231" id="Page_231">[Pg 231]</a></span> to Congress from any State shall be +admitted to seats, constitutionally rests exclusive with the respective +Houses, and not to any extent with the Executive. And still further, +that this proclamation is intended to present the people of the States +wherein the national authority has been suspended, and loyal State +governments have been subverted, a mode in and by which the national +authority and loyal State governments may be re-established within said +States, or in any of them; and, while the mode presented is the best the +Executive can suggest, with his present impressions, it must not be +understood that no other possible mode would be acceptable.</p> + +<p>Given under my hand, at the City of Washington, the 8th day of December, +<span class="caps">A.D.</span> 1863, and of [<span class="caps">L.S.</span>] the independence of the United States of +America the eighty-eighth.</p> + +<p class="right"> +ABRAHAM LINCOLN.</p> + +<p class="noin">By the President.</p> +<p><span class="smcap">Wm. H. Seward</span>, <i>Secretary of State</i>. +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_232" id="Page_232">[Pg 232]</a></span></p> +<h2><a name="PRESIDENT_JOHNSONS_AMNESTY_PROCLAMATION" id="PRESIDENT_JOHNSONS_AMNESTY_PROCLAMATION"></a>PRESIDENT JOHNSON'S AMNESTY PROCLAMATION.</h2> + +<h4>BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.</h4> + +<p><i>Whereas</i>, The President of the United States, on the 8th day of +December, 1863, did, with the object of suppressing the existing +rebellion, to induce all persons to lay down their arms, 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, engaged in said rebellion; and</p> + +<p><i>Whereas</i>, Many persons who had so engaged in the late rebellion have, +since the issuance of said proclamation, failed or neglected to take the +benefits offered thereby; and</p> + +<p><i>Whereas</i>, 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 in hostility to the +Government of the United States since<span class='pagenum'><a name="Page_233" id="Page_233">[Pg 233]</a></span> the date of said proclamation, +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, and 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 +hereafter excepted, amnesty and pardon, with restoration of all rights +of property, except as to slaves, 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 on the condition, nevertheless, that every such person +shall take and subscribe to the following oath, which shall be +registered, for permanent preservation, and shall be of the tenor and +effect following, to wit:</p> + +<p>I do solemnly swear or affirm in presence of Almighty God, that I will +henceforth support, protect, and faithfully defend the Constitution of +the United States, and 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><span class='pagenum'><a name="Page_234" id="Page_234">[Pg 234]</a></span></p><p>The following classes of persons are excepted from the benefits of this +proclamation.</p> + +<p>1. All who are or have been pretended diplomatic officers, or otherwise +domestic or foreign agents of the pretended Confederate States.</p> + +<p>2. All who left judicial stations under the United States to aid in the +rebellion.</p> + +<p>3. All who have been military or naval officers of the pretended +Confederate Government above the rank of colonel in the army, and +lieutenant in the navy.</p> + +<p>4. All who left their seats in the Congress of the United States to aid +in the rebellion.</p> + +<p>5. All who resigned or tendered the resignation of their commissions in +the army and navy of the United States to evade their duty in resisting +the rebellion.</p> + +<p>6. 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>7. All persons who have been or are absentees from the United States for +the purpose of aiding the rebellion.</p> + +<p>8. All military or naval officers in the rebel service who were educated +by the Government in the Military Academy at West Point, or at the +United States Naval Academy.</p> + +<p><span class='pagenum'><a name="Page_235" id="Page_235">[Pg 235]</a></span></p><p>9. All persons who held the pretended offices of Governors of the +States in insurrection against the United States.</p> + +<p>10. All persons who left their homes within the jurisdiction and +protection of the United States, and passed beyond the Federal military +lines into the so-called Confederate States for the purpose of aiding +the rebellion.</p> + +<p>11. All persons who have 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 on the lakes and rivers that separate +the British provinces from the United States.</p> + +<p>12. All persons who, at a 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 bond of the military or naval +authorities or agents of the United States as prisoners of any kind, +either before or after their conviction.</p> + +<p>13. All persons who have voluntarily participated in said rebellion, the +estimated value of whose taxable property is over twenty thousand +dollars.</p> + +<p>14. All persons who have taken the oath of amnesty, as prescribed in the +President's proclamation<span class='pagenum'><a name="Page_236" id="Page_236">[Pg 236]</a></span> of December 8, 1863, or the oath of allegiance +to the United States since the date of said proclamation, and who have +not thenceforward kept the same inviolate; provided, that special +application may be made to the President for pardon by any person +belonging to the excepted classes, and such clemency will be extended as +may be consistent with the facts of the case and the peace and dignity +of the United States. The Secretary of State will establish rules and +regulations for administering and recording the said amnesty oath, so as +to insure its benefits 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>Done at the City of Washington, this the 29th day of May, 1865, and of +the independence of America the 89th.</p> + +<p class="right"> +ANDREW JOHNSON.</p> + +<p class="noin">By the President,</p> +<p><span class="smcap">Wm. H. Seward</span>, <i>Secretary of State</i>. +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_237" id="Page_237">[Pg 237]</a></span></p> +<h2><a name="A_PEACE_PROCLAMATION" id="A_PEACE_PROCLAMATION"></a>A PEACE PROCLAMATION.</h2> + + +<p>On the 20th of August, 1866, the President issued a proclamation +announcing the return of peace and restoring the writ of <i>habeas corpus</i> +in all the Southern States. Among the points made in this proclamation +are the following:</p> + +<p>"There now exists no organized armed resistance of the 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 the 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<span class='pagenum'><a name="Page_238" id="Page_238">[Pg 238]</a></span> States prohibiting slavery within the +jurisdiction of the United States.</p> + +<p>"* * * The people of the several before mentioned States have, in the +manner aforesaid, given satisfactory evidence that they acquiesce in +this sovereign and important revolution of the national unity.</p> + +<p>"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 freedom.</p> + +<p>"The Constitution of the United States provides for constitutional +communities only as States, and not as territories, dependencies, +provinces, or protectorates.</p> + +<p>"* * * 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, North Carolina, +Virginia, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and +Florida is at an end, and henceforth to be so regarded."</p> + + + +<hr /><p><span class='pagenum'><a name="Page_239" id="Page_239">[Pg 239]</a></span></p> +<h2><a name="CIVIL_RIGHTS_BILL" id="CIVIL_RIGHTS_BILL"></a>CIVIL RIGHTS BILL.</h2> + +<h4>AS ADOPTED BY CONGRESS, MARCH, 1866.</h4> + + +<p>§ 1. That all persons 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 service, except as a punishment for crime, whereof the party +shall have been duly convicted, shall have the same right, in every +State and Territory, to make and enforce contracts, to sue, to be sued, +be parties and give evidence; to inherit, purchase, lease, sell, hold, +and convey personal property, and to full and equal benefit of all laws +and proceedings for the security of person and property as are enjoyed +by white citizens; and shall be subject to the like punishment, pains +and penalties, and to none other; any law, statute, ordinance,<span class='pagenum'><a name="Page_240" id="Page_240">[Pg 240]</a></span> +regulation, or custom to the contrary notwithstanding.</p> + +<p>§ 2. And 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 punishment, pains, +and penalties, on account of such person having at any time been held in +a condition of slavery, or involuntary servitude, except for the +punishment of crime whereof the party shall have been duly convicted, or +by the 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 a fine not exceeding one +thousand dollars, or imprisonment not exceeding one year, or both, in +the discretion of the court.</p> + +<p>§ 3. That the district courts of the United States, within their +respective districts, shall have, exclusively of the courts of the +several States, cognizance of all crimes and offences committed against +the provisions of this act, and also, concurrently with the circuit +courts of the United States, of all causes civil and criminal, affecting +persons who are denied, or can not enforce in the courts of judicial +tribunal of the State or locality where they may be, any of<span class='pagenum'><a name="Page_241" id="Page_241">[Pg 241]</a></span> the rights +secured to them by the first section of this act; and if any suit or +prosecution, civil or criminal, has been, or shall be commenced in any +State court against any such person, for any cause whatsoever, civil or +military, or any other person, any arrest or imprisonment, trespasses, +or wrong done or committed by virtue or under color of authority derived +from this act, or the act establishing a bureau for the relief of +freedmen and refugees, and all acts amendatory thereof, or for refusing +to do any act, upon the ground that it would be inconsistent with this +act, such defendant shall have the right to remove such cause for trial +to the proper district or circuit court, in the manner prescribed by the +act relating to <i>habeas corpus</i>, and regulating judicial proceedings in +certain cases, approved March 3, 1863, and all acts amendatory thereto. +The jurisdiction in civil and criminal matters hereby conferred on the +district and circuit courts of the United States shall be exercised and +enforced, in conformity with the laws of the United States, so far as +such laws are suitable to carry the same into effect; but in all cases +where such laws are not adapted to the object, or are deficient in the +provisions necessary to furnish suitable remedies and punish offences +against the law, the common law, as modified and changed by the +Constitution and statutes of the State wherein the court having +jurisdiction<span class='pagenum'><a name="Page_242" id="Page_242">[Pg 242]</a></span> of the cause, civil or criminal, is held, so far as the +same is not inconsistent with the Constitution, and laws of the United +States, shall be extended, and govern the said courts in the trial and +disposition of such causes, and, if of a criminal nature, in the +infliction of punishment on the party found guilty.</p> + +<p>§ 4. That the district attorneys, marshals, and deputy marshals, of the +United States, the commissioners appointed by the circuit and +territorial courts of the United States, with power of arresting, +imprisoning, or bailing offenders against the laws of the United States, +the officers and agents of the Freedmen's Bureau, and every other +officer who may be specially empowered by the President of the United +States, shall be, and they are, hereby specially authorized and +required, at the expense of the United States, to institute proceedings +against all and every person who shall violate the provisions of this +act, and cause him or them to be arrested and imprisoned, or bailed, as +the case may be, for trial before such of the United States or +territorial courts as by this act have cognizance of the offence, and, +with a view to affording reasonable protection to all persons in their +constitutional rights of equality before the law, without distinction of +race or color, or previous condition of slavery or involuntary +servitude, except as a punishment for crime, whereof the party shall +have been<span class='pagenum'><a name="Page_243" id="Page_243">[Pg 243]</a></span> duly convicted, and the prompt discharge of the duties of +this act, it shall be the duty of the circuit courts of the United +States and the superior courts of the territories of the United States, +from time to time, to increase the number of Commissioners, so as to +afford a speedy and convenient means for the arrest and examination of +persons charged with a violation of this act.</p> + +<p>§ 5. That said Commissioners shall have concurrent jurisdiction with the +judges of the circuit and district courts of the United States, and the +judges of the superior courts of the territories, severally and +collectively, in term time and vacation, upon satisfactory proof being +made, to issue warrants and precepts for arresting and bringing before +them all offenders against the provisions of this act, and, on +examination, to discharge, admit to bail, or commit them for trial, as +the facts may warrant.</p> + +<p>§ 6. And such Commissioners are hereby authorized and required to +exercise and discharge all the powers and duties conferred on them by +this Act, and the same duties with regard to offences created by this +act, as they are authorized by law to exercise with regard to other +offences against the laws of the United States. That it shall be the +duty of all marshals and deputy marshals to obey and execute all +warrants and precepts issued under the provisions of<span class='pagenum'><a name="Page_244" id="Page_244">[Pg 244]</a></span> this act when to +them directed, and should any marshal or deputy marshal refuse to +receive such warrant or other process, when tendered, or to use all +proper means diligently to execute the same, he shall on conviction +thereof be fined in the sum of one thousand dollars, to the use of the +person upon whom the accused is alleged to have committed the offence; +and the better to enable the said Commissioners to execute their duties +faithfully and efficiently, in conformity with the Constitution of the +United States, and the requirements of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties, +and the person so appointed to execute any warrant or process as +aforesaid shall have authority to summon and call to their aid the +bystanders of a <i>posse comitatus</i> of the proper county, or such portion +of the land or 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, and to insure a faithful observance of the clause of the +Constitution which prohibits slavery, in conformity with the provisions +of this act; and said warrants shall run and be executed by<span class='pagenum'><a name="Page_245" id="Page_245">[Pg 245]</a></span> said +officers anywhere in the State or Territory within which they are +issued.</p> + +<p>§ 7. That any person who shall knowingly and wrongfully obstruct, hinder +or prevent any officer or other person charged with the execution of any +warrant or process issued under the provisions of this act, or any +person or persons lawfully assisting him or them, from arresting any +person for whose apprehension such warrant or process may have been +issued; or shall rescue, or attempt to rescue, such person from the +custody of the officer, other person or persons, or those lawfully +assisting, as aforesaid, when so arrested, pursuant to the authority +herein given and declared; or shall aid, abet or assist any person so +arrested as aforesaid, directly or indirectly, to escape from the +custody of the officer or other persons legally authorized, as +aforesaid, or shall harbor or conceal any person for whom a warrant or +process shall have been issued as aforesaid, so as to prevent his +discovery and arrest after notice of knowledge of the fact that a +warrant has been issued for the apprehension of such person, shall for +either of said offences be subject to a fine not exceeding one thousand +dollars, and imprisonment not exceeding six months, by indictment before +the district court of the United States for the district in which said +offence may have been committed, or before the proper court<span class='pagenum'><a name="Page_246" id="Page_246">[Pg 246]</a></span> of criminal +jurisdiction, if committed within any one of the organized Territories +of the United States.</p> + +<p>§ 8. That the district attorneys, the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the like fees as may be allowed to them for similar +services in other cases; and in all cases where the proceedings are +before a Commissioner he shall be entitled to a fee of ten dollars in +full for his services in each case, inclusive of all services incident +to such arrest and examination. The person or persons authorized to +execute the process to be issued by such Commissioners for the arrest of +offenders against the provisions of this act, shall be entitled to a fee +of five dollars for each person he or they may arrest and take before +any such Commissioner, as aforesaid, with such other fees as may be +deemed reasonable by such Commissioner for such other additional +services as may be necessarily performed by him or them—such as +attending at the examination, keeping the prisoner in custody, and +providing food and lodgings during his detention and until the final +determination of such Commissioner, and in general for performing such +other duties as may be required in the premises, such fees to be made up +in conformity with the fees usually charged by the officers of the court +of justice, within the proper district or county, as<span class='pagenum'><a name="Page_247" id="Page_247">[Pg 247]</a></span> near as +practicable, and paid out of the Treasury of the United States, on the +certificate of the district within which the arrest is made, and to be +recoverable from the defendant as part of the judgment in case of +conviction.</p> + +<p>§ 9. That whenever the President of the United States shall have reason +to believe that offences have been or are likely to be committed against +the provisions of this act within any judicial district, it shall be +lawful for him, in his discretion, to direct the judge, marshal and +district attorney of such district to attend at such place within the +district and for such time as he may designate, for the purpose of the +more speedy arrest and trial of persons charged with the violation of +this act; and it shall be the duty of every judge or other officer, when +any such requisition shall be received by him, to attend at the place +and for the time therein designated.</p> + +<p>§ 10. That it shall be lawful for the President of the United States, or +such persons 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.</p> + +<p>§ 11. That upon all questions of law arising in any cause under the +provisions of this act, a final appeal may be taken to the supreme court +of the United States.</p> + + + +<hr /><p><span class='pagenum'><a name="Page_248" id="Page_248">[Pg 248]</a></span></p> +<h2><a name="FREEDMENS_BUREAU_BILL" id="FREEDMENS_BUREAU_BILL"></a>FREEDMEN'S BUREAU BILL,</h2> + +<h4>AS AMENDED AND APPROVED BY THE XXXIXTH CONGRESS.</h4> + +<div class="blockquot"><p class="hang">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.</p></div> + + +<p><i>Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled</i>, That the act to establish a +Bureau for the Relief of Freedmen and Refugees, approved March third, +eighteen hundred and sixty-five, shall continue in force for the term of +two years from and after the passage of this act.</p> + +<p>§ 2. <i>And be it further enacted</i>, That the supervision and care of said +bureau shall extend to all loyal refugees and freedmen, so far as the +same shall be necessary to enable them as speedily as practicable to +become self-supporting citizens of the United States, and to aid them in +making the freedom conferred<span class='pagenum'><a name="Page_249" id="Page_249">[Pg 249]</a></span> by proclamation of the commander-in-chief, +by emancipation under the laws of States, and by constitutional +amendment, available to them and beneficial to the republic.</p> + +<p>§ 3. <i>And be it further enacted</i>, That the President shall, by and with +the advice and consent of the Senate, appoint two assistant +commissioners in addition to those authorized by the act to which this +is an amendment, who shall give like bonds and receive the same annual +salary provided in said act, and each of the assistant commissioners of +the bureau shall have charge of one district containing such refugees or +freedmen, to be assigned him by the Commissioner, with the approval of +the President. And the Commissioner shall, under the direction of the +President, and so far as the same shall be, in his judgment, necessary +for the efficient and economical administration of the affairs of the +bureau, appoint such agents, clerks, and assistants as maybe required +for the proper conduct of the bureau. Military officers or enlisted men +may be detailed for service and assigned to duty under this act; and the +President may, if in his judgment safe and judicious so to do, detail +from the army all the officers and agents of this bureau; but no officer +so assigned shall have increase of pay or allowances. Each agent or +clerk, not heretofore authorized by law, not being a military<span class='pagenum'><a name="Page_250" id="Page_250">[Pg 250]</a></span> officer, +shall have an annual salary of not less than five hundred dollars, nor +more than twelve hundred dollars, according to the service required of +him. And it shall be the duty of the Commissioner, when it can be done +consistently with public interest, to appoint, as assistant +commissioners, agents, and clerks, such men as have proved their loyalty +by faithful service in the armies of the Union during the rebellion. And +all persons appointed to service under this act and the act to which +this is an amendment shall be so far deemed in the military service of +the United States as to be under the military jurisdiction, and entitled +to the military protection of the government while in discharge of the +duties of their office.</p> + +<p>§ 4. <i>And be it further enacted</i>, That officers of the Veteran Reserve +Corps or of the volunteer service, now on duty in the Freedmen's Bureau +as assistant commissioners, agents, medical officers, or in other +capacities, whose regiments or corps have been or may hereafter be +mustered out of service, may be retained upon such duty as officers of +said bureau, with the same compensation as is now provided by law for +their respective grades; and the Secretary of War shall have power to +fill vacancies until other officers can be detailed in their places +without detriment to the public service.</p> + +<p><span class='pagenum'><a name="Page_251" id="Page_251">[Pg 251]</a></span></p><p>§ 5. <i>And be it further enacted</i>, That the second section of the act to +which this is an amendment shall be deemed to authorize the Secretary of +War to issue such medical stores or other supplies and transportation, +and afford such medical or other aid as may be needful for the purpose +named in said section: <i>Provided</i>, That no person shall be deemed +"destitute," "suffering," or "dependent upon the government for +support," within the meaning of this act, who is able to find +employment, and could, by proper industry and exertion, avoid such +destitution, suffering, or dependence.</p> + +<p>§ 6. Whereas, by the provisions of an act approved February sixth, +eighteen hundred and sixty-three, entitled "An act to amend an act +entitled 'An act for the collection of direct taxes in insurrectionary +districts within the United States, and for other purposes,' approved +June seventh, eighteen hundred and sixty-two," certain lands in the +parishes of Saint Helena and Saint Luke, South Carolina, were bid in by +the United States at public tax sales, and by the limitation of said act +the time of redemption of said lands has expired; and whereas, in +accordance with instructions issued by President Lincoln on the +sixteenth day of September, eighteen hundred and sixty-three, to the +United States direct tax commissioners for South Carolina, certain lands +bid in by<span class='pagenum'><a name="Page_252" id="Page_252">[Pg 252]</a></span> the United States in the parish of Saint Helena, in said +State, were in part sold by the said tax commissioners to "heads of +families of the African race," in parcels of not more than twenty acres +to each purchaser; and whereas, under the said instructions, the said +tax commissioners did also set apart as "school farms" certain parcels +of land in said parish, numbered on their plats from one to +thirty-three, inclusive, making an aggregate of six thousand acres, more +or less: <i>Therefore, be it further enacted</i>, That the sales made to +"heads of families of the African race," under the instructions of +President Lincoln to the United States direct tax commissioners for +South Carolina, of date of September sixteenth, eighteen hundred and +sixty-three, are hereby confirmed and established; and all leases which +have been made to such "heads of families," by said direct tax +commissioners, shall be changed into certificates of sale in all cases +wherein the lease provides for such substitution; and all the lands now +remaining unsold, which come within the same designation, being eight +thousand acres, more or less, shall be disposed of according to said +instructions.</p> + +<p>§ 7. <i>And be it further enacted</i>, That all other lands bid in by the +United States at tax sales, being thirty-eight thousand acres, more or +less, and now in the hands of the said tax commissioners as the +property<span class='pagenum'><a name="Page_253" id="Page_253">[Pg 253]</a></span> of the United States, in the parishes of Saint Helena and +Saint Luke, excepting the "school farms," as specified in the preceding +section, and so much as may be necessary for military and naval purposes +at Hilton Head, Bay Point, and Land's End, and excepting also the city +of Port Royal, on Saint Helena island, and the town of Beaufort, shall +be disposed of in parcels of twenty acres, at one dollar and fifty cents +per acre, to such persons, and to such only, as have acquired and are +now occupying lands under and agreeably to the provisions of General +Sherman's special field order, dated at Savannah, Georgia, January +sixteenth, eighteen hundred and sixty-five, and the remaining lands, if +any, shall be disposed of in like manner to such persons as had acquired +lands agreeably to the said order of General Sherman, but who have been +dispossessed by the restoration of the same to former owners: +<i>Provided</i>, That the lands sold in compliance with the provisions of +this and the preceding section shall not be alienated by their +purchasers within six years from and after the passage of this act.</p> + +<p>§ 8. <i>And be it farther enacted</i>, That the "school farms" in the parish +of Saint Helena, South Carolina, shall be sold, subject to any leases of +the same, by the said tax commissioners, at public auction, on or before +the first day of January, eighteen hundred<span class='pagenum'><a name="Page_254" id="Page_254">[Pg 254]</a></span> and sixty-seven, at not less +than ten dollars per acre; and the lots in the city of Port Royal, as +laid down by the said tax commissioners, and the lots and houses in the +town of Beaufort, which are still held in like manner, shall be sold at +public auction; and the proceeds of said sales, after paying expenses of +the surveys and sales, shall be invested in United States bonds, the +interest of which shall be appropriated, under the direction of the +Commissioner, to the support of schools, without distinction of color or +race, on the islands in the parishes of Saint Helena and Saint Luke.</p> + +<p>§ 9. <i>And be it further enacted</i>, That the assistant commissioners for +South Carolina and Georgia are hereby authorized to examine all claims +to lands in their respective States which are claimed under the +provisions of General Sherman's special field order, and to give each +person having a valid claim a warrant upon the direct tax commissioners +for South Carolina for twenty acres of land, and the said direct tax +commissioners shall issue to every person, or to his or her heirs, but +in no case to any assigns, presenting such warrant, a lease of twenty +acres of land, as provided for in section 7, for the term of six years; +but at any time thereafter, upon the payment of a sum not exceeding one +dollar and fifty cents per acre, the person holding such lease shall be +entitled to a<span class='pagenum'><a name="Page_255" id="Page_255">[Pg 255]</a></span> certificate of sale of said tract of twenty acres from +the direct tax commissioner or such officer as may be authorized to +issue the same; but no warrant shall be held valid longer than two years +after the issue of the same.</p> + +<p>§ 10. <i>And be it further enacted</i>, That the direct tax commissioners for +South Carolina are hereby authorized and required at the earliest day +practicable to survey the lands designated in section 7 into lots of +twenty acres each, with proper metes and bounds distinctly marked, so +that the several tracts shall be convenient in form, and as near as +practicable have an average of fertility and woodland; and the expense +of such surveys shall be paid from the proceeds of the sales of said +lands, or, if sooner required, out of any moneys received for other +lands on these islands, sold by the United States for taxes, and now in +the hands of the direct tax commissioners.</p> + +<p>§ 11. <i>And be it further enacted</i>, That restoration of lands occupied by +freedmen under General Sherman's field order, dated at Savannah, +Georgia, January sixteenth, eighteen hundred and sixty-five, shall not +be made until after the crops of the present year shall have been +gathered by the occupants of said lands, nor until a fair compensation +shall have been made to them by the former owners of such lands or their +legal representatives for all improvements or<span class='pagenum'><a name="Page_256" id="Page_256">[Pg 256]</a></span> betterments erected or +constructed thereon, and after due notice of the same being done shall +have been given by the assistant commissioner.</p> + +<p>§ 12. <i>And be it further enacted</i>, That the Commissioner shall have +power to seize, hold, use, lease, or sell all buildings and tenements, +and any lands appertaining to the same, or otherwise, formerly held +under color of title by the late so-called Confederate States, and not +heretofore disposed of by the United States, and any buildings or lands +held in trust for the same by any person or persons, and to use the same +or appropriate the proceeds derived therefrom to the education of the +freed people; and whenever the bureau shall cease to exist, such of said +so-called Confederate States as shall have made provision for the +education of their citizens without distinction of color shall receive +the sum remaining unexpended of such sales or rentals, which shall be +distributed among said States for educational purposes in proportion to +their population.</p> + +<p>§ 13. <i>And be it further enacted</i>, That the Commissioner of this bureau +shall at all times co-operate with private benevolent associations of +citizens in aid of freedmen, and with agents and teachers, duly +accredited and appointed by them, and shall hire or provide by lease +buildings for purposes of education whenever such associations shall, +without cost to the<span class='pagenum'><a name="Page_257" id="Page_257">[Pg 257]</a></span> government, provide suitable teachers and means of +instructions; and he shall furnish such protection as may be required +for the safe conduct of such schools.</p> + +<p>§ 14. <i>And be it further enacted</i>, That in every State or district where +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and in every +State or district whose constitutional relations to the government have +been practically discontinued by the rebellion, and until such State +shall have been restored in such relations, and shall be duly +represented in the Congress of the United States, the right 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 concerning +personal liberty, personal security, and the acquisition, enjoyment, and +disposition of estate, real and personal, including the constitutional +right to bear arms, shall be secured to and enjoyed by all the citizens +of such State or district without respect to race or color, or previous +condition of slavery. And whenever in either of said States or districts +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and until such +State shall have been restored in its constitutional relations to the +government,<span class='pagenum'><a name="Page_258" id="Page_258">[Pg 258]</a></span> and shall be duly represented in the Congress of the United +States, the President shall, through the Commissioner and the officers +of the bureau, and under such rules and regulations as the President, +through the Secretary of War, shall prescribe, extend military +protection and have military jurisdiction over all cases and questions +concerning the free enjoyment of such immunities and rights, and no +penalty or punishment for any violation of law shall be imposed or +permitted because of race or color, or previous condition of slavery, +other or greater than the penalty or punishment to which white persons +may be liable by law for the like offence. But the jurisdiction +conferred by this section upon the officers of the bureau shall not +exist in any State where the ordinary course of judicial proceedings has +not been interrupted by the rebellion, and shall cease in every State +when the courts of the State and of the United States are not disturbed +in the peaceable course of justice, and after such 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>§ 15. <i>And be it further enacted</i>, That all officers, agents, and +employés of this bureau, before entering upon the duties of their +office, shall take the oath prescribed in the first section of the act +to which this<span class='pagenum'><a name="Page_259" id="Page_259">[Pg 259]</a></span> is an amendment; and all acts or parts of acts +inconsistent with the provisions of this act are hereby repealed.</p> + +<p class="right"> +<span class="smcap">Schuyler Colfax</span>,<br /> +<br /> +<i>Speaker of the House of Representatives</i>.<br /> +<br /> +<span class="smcap">Lafayette S. Foster</span>,<br /> +<br /> +<i>President of Senate pro tempore</i>.<br /> +</p> + + +<p class="center"><span class="smcap">In the House of Representatives United States</span>,</p> + +<p class="right"> +<i>July</i> 16, 1866.<br /> +</p> + +<p>The President of the United States having returned to the House of +Representatives, in which it originated, the bill 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," with his +objections thereto, the House of Representatives proceeded, in pursuance +of the Constitution to reconsider the same; and</p> + +<p><i>Resolved</i>, That the said bill pass, two-thirds of the House of +Representatives agreeing to pass the same.</p> + +<p class="right"> +Attest: <span class="smcap">Edward McPherson</span>,</p> + +<p class="center"><i>Clerk House of Representatives of the United States.</i><br /> +</p> + +<p class="right"> +<span class="smcap">In Senate of the United States</span>,<br /> + +<i>July 16, 1866.</i><br /> +</p> + +<p>The Senate having proceeded, in pursuance of the Constitution, to +reconsider the bill entitled "An<span class='pagenum'><a name="Page_260" id="Page_260">[Pg 260]</a></span> 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," returned to the House of Representatives by the +President of the United States, with his objections, and sent by the +House of Representatives to the Senate with the message of the President +returning the bill—</p> + +<p><i>Resolved</i>, That the bill do pass, two-thirds of the Senate agreeing to +pass the same.</p> + +<p class="right"> +Attest: <span class="smcap">J.W. Forney</span>,</p> + +<p class="center"><i>Secretary of the Senate of the United States.</i><br /> +</p> + + + +<hr /><p><span class='pagenum'><a name="Page_261" id="Page_261">[Pg 261]</a></span></p> +<h2><a name="PROVOST_MARSHAL-GENERALS_REPORT" id="PROVOST_MARSHAL-GENERALS_REPORT"></a>PROVOST MARSHAL-GENERAL'S REPORT.</h2> + +<div class="blockquot"><p class="hang">SHOWING THE NUMBER OF MEN ENLISTED, NUMBER OF KILLED, WOUNDED, AND +DEATHS FROM DISEASE, DURING THE REBELLION.</p></div> + + +<p class="right"> +<span class="smcap">Washington, D.C.</span>, Friday, April 27, 1866.<br /> +</p> + +<p>The following is a condensed summary of the results of the operations of +this bureau, from its organization to the close of the war.</p> + +<p>1. By means of a full and exact enrollment of all persons liable to +conscription, under the law of March 3 and its amendments, a complete +exhibit of the military resources of the loyal States, in men, was made, +showing an aggregate number of 2,254,063, not including 1,000,516 +soldiers actually under arms, when hostilities ceased.</p> + +<p>2. One million one hundred and twenty thousand six hundred and +twenty-one men were raised, at an average cost (on account of +recruitment exclusive of<span class='pagenum'><a name="Page_262" id="Page_262">[Pg 262]</a></span> bounties,) of $9.84 per man, while the cost of +recruiting of 1,356,593 raised prior to the organization of the Bureau +was $34.01 per man. A saving of over seventy cents on the dollar in the +cost of raising troops was thus effected under this Bureau, +notwithstanding the increase in the price of subsistence, +transportation, rents, &c., during the last two years of the war. (Item: +The number above given does not embrace the naval credits allowed under +the eighth section of the act of July 4, 1864, nor credits for drafted +men who paid commutation, the recruits for the regular army, nor the +credits allowed by the Adjutant-General subsequent to May 25, 1865, for +men raised prior to that date.)</p> + +<p>3. Seventy-six thousand five hundred and twenty-six deserters were +arrested and returned to the army. The vigilance and energy of the +officers of the Bureau, in this line of the business, put an effectual +check to the wide-spread evil of desertion, which, at one time, impaired +so seriously the numerical strength and efficiency of the army.</p> + +<p>4. The quotas of men furnished by the various parts of the country were +equalized, and a proportionate share of military service secured from +each, thus removing the very serious inequality of recruitment, which +had arisen during the first two years of the war, and which, when the +bureau was organized,<span class='pagenum'><a name="Page_263" id="Page_263">[Pg 263]</a></span> had become an almost insuperable obstacle to the +further progress of raising troops.</p> + +<p>5. Records were completed showing minutely the physical condition of +1,014,776 of the men examined, and tables of great scientific and +professional value have been compiled from this data.</p> + +<p>6. The casualties in the entire military force of the nation during the +war of the rebellion, as shown by the official muster-rolls and monthly +returns, have been compiled with, in part, this result:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Civil War Casualties"> +<tr> + <td align='center'>KILLED IN ACTION OR DIED OF WOUNDS WHILE IN SERVICE.</td> +</tr> +<tr> + <td align='left'>Commissioned officers</td> + <td align='right'>5,221</td> +</tr> +<tr> + <td align='left'>Enlisted men</td> + <td align='right'>90,868</td> +</tr> +<tr> + <td align='center'>DIED FROM DISEASE OR ACCIDENT.</td> +</tr> +<tr> + <td align='left'>Commissioned officers</td> + <td align='right'>2,321</td> +</tr> +<tr> + <td align='left'>Enlisted men</td> + <td class='tdrbb'>182,329</td> +</tr> +<tr> + <td align='center'>Total loss in service</td> + <td align='right'>280,739</td> +</tr> +</table></div> + +<p>These figures have been carefully compiled from the complete official +file of muster-rolls and monthly returns, but yet entire accuracy is not +claimed for them, as errors and omissions to some extent doubtless +prevailed in the rolls and returns. Deaths (from wounds or disease +contracted in service) which occurred<span class='pagenum'><a name="Page_264" id="Page_264">[Pg 264]</a></span> after the men left the army are +not included in these figures.</p> + +<p>7. The system of recruitment established by the Bureau, under the laws +of Congress, if permanently adopted, (with such improvement as +experience may suggest,) will be capable of maintaining the numerical +strength and improving the character of the army in time of peace, or of +promptly and economically rendering available the National forces to any +required extent in time of war.</p> + + + +<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_265" id="Page_265">[Pg 265]</a></span></p> +<h4><a name="THE_UNITED_STATES_ARMY_DURING_THE_GREAT_CIVIL_WAR_OF_1861-65" id="THE_UNITED_STATES_ARMY_DURING_THE_GREAT_CIVIL_WAR_OF_1861-65"></a>THE UNITED STATES ARMY DURING THE GREAT CIVIL WAR OF 1861-65.</h4> + +<p><span class="smcap">The</span> following statement shows the number of men furnished by each State:</p> + + +<div class='center'> +<table border="0" cellpadding="4" cellspacing="0" summary="Civil War US Army Troops"> +<tr class='tr1'> + <td class='tdcbr'><small>STATES.</small></td> + <td class='tdcbr'><small>Men furnished<br />under Act of<br />April 15, 1861,<br />for 75,000 militia<br />for 3 months.</small></td> + <td class='tdcbr'><small>Aggregate No.<br />of men furnish'd<br />under all calls</small></td> + <td align='center'><small>Aggregate No.<br />of men furnish'd<br />under all calls,<br />reduced to the 3<br />years' standard.</small></td> +</tr> +<tr> + <td class='tdlbr'>Maine</td> + <td class='tdrbr'>771</td> + <td class='tdrbr'>71,745</td> + <td align='right'>56,595</td> +</tr> +<tr> + <td class='tdlbr'>New Hampshire</td> + <td class='tdrbr'>779</td> + <td class='tdrbr'>34,605</td> + <td align='right'>30,827</td> +</tr> +<tr> + <td class='tdlbr'>Vermont</td> + <td class='tdrbr'>782</td> + <td class='tdrbr'>35,246</td> + <td align='right'>29,052</td> +</tr> +<tr> + <td class='tdlbr'>Massachusetts</td> + <td class='tdrbr'>3,736</td> + <td class='tdrbr'>151,785</td> + <td align='right'>123,844</td> +</tr> +<tr> + <td class='tdlbr'>Rhode Island</td> + <td class='tdrbr'>3,147</td> + <td class='tdrbr'>23,711</td> + <td align='right'>17,878</td> +</tr> +<tr> + <td class='tdlbr'>Connecticut</td> + <td class='tdrbr'>2,402</td> + <td class='tdrbr'>57,270</td> + <td align='right'>50,514</td> +</tr> +<tr> + <td class='tdlbr'>New York</td> + <td class='tdrbr'>13,906</td> + <td class='tdrbr'>464,156</td> + <td align='right'>381,696</td> +</tr> +<tr> + <td class='tdlbr'>New Jersey</td> + <td class='tdrbr'>3,123</td> + <td class='tdrbr'>79,511</td> + <td align='right'>55,785</td> +</tr> +<tr> + <td class='tdlbr'>Pennsylvania</td> + <td class='tdrbr'>20,175</td> + <td class='tdrbr'>366,326</td> + <td align='right'>267,558</td> +</tr> +<tr> + <td class='tdlbr'>Delaware</td> + <td class='tdrbr'>775</td> + <td class='tdrbr'>13,651</td> + <td align='right'>10,303</td> +</tr> +<tr> + <td class='tdlbr'>Maryland</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>49,731</td> + <td align='right'>40,692</td> +</tr> +<tr> + <td class='tdlbr'>West Virginia</td> + <td class='tdrbr'>900</td> + <td class='tdrbr'>32,003</td> + <td align='right'>27,653</td> +</tr> +<tr> + <td class='tdlbr'>District of Columbia</td> + <td class='tdrbr'>4,720</td> + <td class='tdrbr'>16,872</td> + <td align='right'> 11,506</td> +</tr> +<tr> + <td class='tdlbr'>Ohio</td> + <td class='tdrbr'>12,357</td> + <td class='tdrbr'>317,133</td> + <td align='right'>237,976</td> +</tr> +<tr> + <td class='tdlbr'>Indiana</td> + <td class='tdrbr'>4,686</td> + <td class='tdrbr'>195,147</td> + <td align='right'>152,283</td> +</tr> +<tr> + <td class='tdlbr'>Illinois</td> + <td class='tdrbr'>4,820</td> + <td class='tdrbr'>258,217</td> + <td align='right'>212,694</td> +</tr> +<tr> + <td class='tdlbr'>Michigan</td> + <td class='tdrbr'>781</td> + <td class='tdrbr'>90,119</td> + <td align='right'>80,865</td> +</tr> +<tr> + <td class='tdlbr'>Wisconsin</td> + <td class='tdrbr'>817</td> + <td class='tdrbr'>96,118</td> + <td align='right'>78,985</td> +</tr> +<tr> + <td class='tdlbr'>Minnesota</td> + <td class='tdrbr'>930</td> + <td class='tdrbr'>25,034</td> + <td align='right'>19,675</td> +</tr> +<tr> + <td class='tdlbr'>Iowa</td> + <td class='tdrbr'>968</td> + <td class='tdrbr'>75,860</td> + <td align='right'>68,182</td> +</tr> +<tr> + <td class='tdlbr'>Missouri</td> + <td class='tdrbr'>10,501</td> + <td class='tdrbr'>108,773</td> + <td align='right'>86,192</td> +</tr> +<tr> + <td class='tdlbr'>Kentucky</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>78,540</td> + <td align='right'>70,348</td> +</tr> +<tr> + <td class='tdlbr'>Kansas</td> + <td class='tdrbr'>650</td> + <td class='tdrbr'>20,097</td> + <td align='right'>18,654</td> +</tr> +<tr> + <td class='tdlbr'>Tennessee</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>12,077</td> + <td align='right'>12,077</td> +</tr> +<tr> + <td class='tdlbr'>Arkansas</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>...</td> + <td align='right'>...</td> +</tr> +<tr> + <td class='tdlbr'>North Carolina</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>...</td> + <td align='right'>...</td> +</tr> +<tr> + <td class='tdlbr'>California</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>7,451</td> + <td align='right'>7,451</td> +</tr> +<tr> + <td class='tdlbr'>Nevada</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>216</td> + <td align='right'>216</td> +</tr> +<tr> + <td class='tdlbr'>Oregon</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>617</td> + <td align='right'>581</td> +</tr> +<tr> + <td class='tdlbr'>Washington Ter'ty</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>895</td> + <td align='right'>895</td> +</tr> +<tr> + <td class='tdlbr'>Nebraska</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>1,279</td> + <td align='right'>380</td> +</tr> +<tr> + <td class='tdlbr'>Colorado</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>1,762</td> + <td align='right'>1,762</td> +</tr> +<tr> + <td class='tdlbr'>Dakota</td> + <td class='tdrbr'>...</td> + <td class='tdrbr'>181</td> + <td align='right'>181</td> +</tr> +<tr> + <td class='tdlbr'>New Mexico</td> + <td class='tdrbrbb'>1,510</td> + <td class='tdrbrbb'>2,395</td> + <td class='tdrbb'>1,011</td> +</tr> +<tr class='tr2'> + <td class='tdlbrpl'>Total</td> + <td class='tdrbr'>93,326</td> + <td class='tdrbr'>2,688,523</td> + <td align='right'>2,154,311</td> +</tr> +</table></div> + + + +<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_266" id="Page_266">[Pg 266]</a></span></p> +<h2><a name="HISTORY_OF_THE_FLAG" id="HISTORY_OF_THE_FLAG"></a>HISTORY OF THE FLAG.</h2> + +<h4>BY A DISTINGUISHED HISTORIAN.</h4> + + +<p><span class="smcap">Men</span>, in the aggregate, demand something besides abstract ideas and +principles. Hence the desire for symbols—something visible to the eye +and that appeals to the senses. Every nation has a flag that represents +the country—every army a common banner, which, to the soldier, stands +for that army. It speaks to him in the din of battle, cheers him in the +long and tedious march, and pleads with him on the disastrous retreat.</p> + +<p>Standards were originally carried on a pole or lance. It matters little +what they may be, for the symbol is the same.</p> + +<p>In ancient times the Hebrew tribes had each its own standard—that of +Ephraim, for instance, was a steer; of Benjamin, a wolf. Among the +Greeks, the Athenians had an owl, and the Thebans a sphynx. The standard +of Romulus was a bundle of hay tied to a pole, afterwards a human hand, +and finally an eagle.<span class='pagenum'><a name="Page_267" id="Page_267">[Pg 267]</a></span> Eagles were at first made of wood, then of +silver, with thunderbolts of gold. Under Cæsar they were all gold, +without thunderbolts, and were carried on a long pike. The Germans +formerly fastened a streamer to a lance, which the duke carried in front +of the army. Russia and Austria adopted the double headed eagle. The +ancient national flag of England, all know, was the banner of St. +George, a white field with a red cross. This was at first used in the +Colonies, but several changes were afterwards made.</p> + +<p>Of course, when they separated from the mother country, it was necessary +to have a distinct flag of their own, and the Continental Congress +appointed Dr. Franklin, Mr. Lynch, and Mr. Harrison, a committee to take +the subject into consideration. They repaired to the American army, a +little over 9,000 strong, then assembled at Cambridge, and after due +consideration, adopted one composed of seven white and seven red +stripes, with the red and white crosses of St. George and St. Andrew, +conjoined on a blue field in the corner, and named it "The Great Union +Flag." The crosses of St. George and St. Andrew were retained to show +the willingness of the colonies to return to their allegiance to the +British crown, if their rights were secured. This flag was first hoisted +on the first day of January, 1776. In the meantime, the various colonies +had adopted distinctive badges,<span class='pagenum'><a name="Page_268" id="Page_268">[Pg 268]</a></span> so that the different bodies of troops, +that flocked to the army, had each its own banner. In Connecticut, each +regiment had its own peculiar standard, on which were represented the +arms of the colony, with the motto, "Qui transtulit sustinet"—(he who +transplanted us will sustain us.) The one that Putnam gave to the breeze +on Prospect Hill on the 18th of July, 1775, was a red flag, with this +motto on one side, and on the other, the words inscribed, "An appeal to +Heaven." That of the floating batteries was a white ground with the same +"Appeal to Heaven" upon it. It is supposed that at Bunker Hill our +troops carried a red flag, with a pine tree on a white field in the +corner. The first flag in South Carolina was blue, with a crescent in +the corner, and received its first baptism under Moultrie. In 1776, Col. +Gadsen presented to Congress a flag to be used by the navy, which +consisted of a rattle-snake on a yellow ground, with thirteen rattles, +and coiled to strike. The motto was, "Don't tread on me." "The Great +Union Flag," as described above, without the crosses, and sometimes with +the rattle-snake and motto, "Don't tread on me," was used as a naval +flag, and called the "Continental Flag."</p> + +<p>As the war progressed, different regiments and corps adopted peculiar +flags, by which they were designated. The troops which Patrick Henry +raised<span class='pagenum'><a name="Page_269" id="Page_269">[Pg 269]</a></span> and called the "Culpepper Minute Men," had a banner with a +rattle-snake on it, and the mottoes, "Don't tread on me," and "Liberty +or death," together with their name. Morgan's celebrated riflemen, +called the "Morgan Rifles," not only had a peculiar uniform, but a flag +of their own, on which was inscribed, "XI. Virginia Regiment," and the +words, "Morgan's Rifle Corps." On it was also the date, 1776, surrounded +by a wreath of laurel. Wherever this banner floated, the soldiers knew +that deadly work was being done.</p> + +<p>When the gallant Pulaski was raising a body of cavalry, in Baltimore, +the nuns of Bethlehem sent him a banner of crimson silk, with emblems on +it, wrought by their own hands. That of Washington's Life Guard was made +of white silk, with various devices upon it, and the motto, "Conquer or +die."</p> + +<p>It doubtless always will be customary in this country, during a war, for +different regiments to have flags presented to them with various devices +upon them. It was so during the recent war, but as the stars and stripes +supplant them all, so in our revolutionary struggle, the "Great Union +Flag," which was raised in Cambridge, took the place of all others and +became the flag of the American army.</p> + +<p>But in 1777, Congress, on the 19th day of June, passed the following +resolution: "<i>Resolved</i>, That<span class='pagenum'><a name="Page_270" id="Page_270">[Pg 270]</a></span> the flag of the thirteen United States be +thirteen stripes, alternate red and white, that the union be thirteen +stars, white, in a blue field, representing a new constellation." A +constellation, however, could not well be represented on a flag, and so +it was changed into a circle of stars, to represent harmony and union. +Red is supposed to represent courage, white, integrity of purpose, and +blue, steadfastness, love, and faith. This flag, however, was not used +till the following autumn, and waved first over the memorable battle +field of Saratoga.</p> + +<p>Thus our flag was born, which to-day is known, respected, and feared +round the entire globe. In 1794 it received a slight modification, +evidently growing out of the intention at that time of Congress to add a +new stripe with every additional State that came into the Union, for it +passed that year the following resolution: "<i>Resolved</i>, That from and +after the 1st day of May, Anno Domini 1795, the flag of the United +States be fifteen stripes, alternate red and white. That the union be +fifteen stars, white, in a blue field." In 1818, it was by another +resolution of Congress, changed back into thirteen stripes, with +twenty-one stars, in which it was provided that a new star should be +added to the union on the admission of each new State. That resolution +has never been rescinded, till now thirty-six stars blaze on our<span class='pagenum'><a name="Page_271" id="Page_271">[Pg 271]</a></span> +banner. The symbol of our nationality, the record of our glory, it has +become dear to the heart of the people. On the sea and on the land its +history has been one to swell the heart with pride. The most beautiful +flag in the world in its appearance, it is stained by no disgrace, for +it has triumphed in every struggle. Through three wars it bore us on to +victory, and in this last terrible struggle against treason, though +baptized in the blood of its own children, not a star has been effaced, +and it still waves over a united nation.</p> + +<p>Whenever the "Star-Spangled Banner" is sung, the spontaneous outburst of +the vast masses, as the chorus is reached, shows what a hold that flag +has on the popular heart. It not only represents our nationality, but it +is the <i>people's</i> flag. It led them on to freedom—it does something +more than appeal to their pride as a symbol of national greatness—it +appeals to their affections as a friend of their dearest rights. We +cannot better close this short history of our flag than by appending the +following stirring poem of Drake:</p> + +<p class="poem"> +<span class="smcap">When</span> freedom from her mountain height<br /> +<span style="margin-left: 1em;">Unfurled her standard to the air,</span><br /> +She tore the azure robes of night,<br /> +<span class='pagenum'><a name="Page_272" id="Page_272">[Pg 272]</a></span><span style="margin-left: 1em;">And set the stars of glory there!</span><br /> +She mingled with its gorgeous dyes<br /> +The milky baldric of the skies,<br /> +And striped its pure celestial white<br /> +With streakings of the morning light;<br /> +Then, from his mansion in the sun,<br /> +She called her eagle-bearer down,<br /> +And gave into his mighty hand<br /> +The symbol of her chosen land!<br /> +<br /> +Majestic monarch of the cloud<br /> +<span style="margin-left: 1em;">Who rear'st aloft thy regal form,</span><br /> +To hear the tempest trumping loud<br /> +And see the lightning lances driven,<br /> +<span style="margin-left: 1em;">When strive the warriors of the storm,</span><br /> +And rolls the thunder drum of heaven,<br /> +Child of the sun! to thee 'tis given<br /> +<span style="margin-left: 1em;">To guard the banner of the free;</span><br /> +To hover in the sulphur smoke,<br /> +To ward away the battle stroke;<br /> +And bid its blendings shine afar,<br /> +Like rainbows on the cloud of war—<br /> +<span style="margin-left: 1em;">The harbinger of victory!</span><br /> +<br /> +Flag of the brave! thy folds shall fly,<br /> +The sign of hope and triumph high,<br /> +When speaks the signal trumpet tone,<br /> +And the long line comes gleaming on,<br /> +(Ere yet the life-blood, warm and wet,<br /> +Hath dimmed the glittering bayonet,)<br /> +Each soldier's eye shall brightly turn<br /> +To where thy sky-born glories burn,<br /> +<br /> +<span class='pagenum'><a name="Page_273" id="Page_273">[Pg 273]</a></span>And, as his springing steps advance,<br /> +Catch war and vengeance from the glance;<br /> +And when the cannon's mouthings loud<br /> +Heave in wild wreaths the battle shroud,<br /> +And gory sabres rise and fall,<br /> +Like shoots of flame on midnight's pall;<br /> +Then shall thy meteor glances glow,<br /> +<span style="margin-left: 1em;">And cowering foes shall shrink beneath</span><br /> +Each gallant arm that strikes below<br /> +<span style="margin-left: 1em;">That lovely messenger of death.</span><br /> +<br /> +Flag of the seas! on ocean wave<br /> +Thy stars shall glitter o'er the brave,<br /> +When death, careering on the gale,<br /> +Sweeps darkly round the bellied sail,<br /> +And frightened waves rush wildly back,<br /> +Before the broadside's reeling rack,<br /> +Each dying wanderer of the sea,<br /> +Shall look at once to heaven and thee,<br /> +And smile to see thy splendor fly,<br /> +In triumph o'er his closing eye.<br /> +<br /> +Flag of the free, heart's hope and home!<br /> +<span style="margin-left: 1em;">By angel hands to valor given;</span><br /> +Thy stars have lit the welkin dome,<br /> +<span style="margin-left: 1em;">And all thy hues were born in heaven!</span><br /> +Forever float that standard sheet!<br /> +<span style="margin-left: 1em;">Where breathes the foe but falls before us?</span><br /> +With Freedom's soil beneath our feet,<br /> +<span style="margin-left: 1em;">And Freedom's banner streaming o'er us?</span><br /> +</p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's Key-Notes of American Liberty, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + +***** This file should be named 28831-h.htm or 28831-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/8/8/3/28831/ + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Key-Notes of American Liberty + Comprising the most important speeches, proclamations, and + acts of Congress, from the foundation of the government + to the presen + +Author: Various + +Editor: E. B. Treat + +Release Date: May 15, 2009 [EBook #28831] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + + + + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + + + + + +Transcriber's Note + +The punctuation and spelling from the original text have been faithfully +preserved. Only obvious typographical errors have been corrected. + +[Illustration: Engd. by H.B. Hall, from the original Painting by +Stuart.] + + + + + KEY-NOTES + + OF + + AMERICAN LIBERTY; + + COMPRISING + + THE MOST IMPORTANT SPEECHES, PROCLAMATIONS, AND + ACTS OF CONGRESS, FROM THE FOUNDATION + OF THE GOVERNMENT TO THE + PRESENT TIME. + + WITH A + + HISTORY OF THE FLAG, + + BY A DISTINGUISHED HISTORIAN. + + Illustrated. + + NEW YORK: + + E.B. TREAT & CO. + + 654 BROADWAY. + + CHICAGO, ILLINOIS: R.C. TREAT and C.W. LILLEY. + B.C. BAKER, DETROIT, MICH. L.C. BRAINARD, ST. LOUIS, MO. + A.O. BRIGGS, CLEVELAND, O. M. PITMAN & CO., BOSTON, MASS. + A.L. TALCOTT, PITTSBURG, PA. + + + + +ENTERED, according to Act of Congress, in the year 1866, by + +E.B. TREAT. + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + +MACDONALD & STONE, PRINTERS AND STEREOTYPERS, 43 CENTRE STREET, N.Y. + + + + +PREFACE. + + +This book appeals to the patriotic sentiments of all classes of readers. +In its pages will be found those words of burning eloquence which +lighted the fires of the American Revolution, stirring the hearts of our +fathers to do battle for our independence; the words of wisdom which +brought our ship of state safely through the storms of strife into the +calms of peace, and all of the most important speeches and proclamations +of our statesmen which guided our country during critical periods of our +political life. It is a book of our country as a whole; all must read it +with emotions of gratitude and pride at the grandeur and stability of +our institutions as exemplified by the eloquent words of the statesmen +and leading spirits of the great Republic. + +First in its pages, appropriately, will be found the "Declaration of +Independence," the great corner stone of American liberty; and as a +fitting close, one of our most distinguished historians has furnished a +"History of the Flag,"--the Flag of the Union, the sacred emblem around +which are clustered the memories of the thousands of heroes who have +struggled to sustain it untarnished against both foreign and domestic +foes. To the Declaration of Independence, Constitution of the United +States, and Washington's Farewell Address--truly "Key Notes to American +Liberty"--have been added many important proclamations and congressional +acts of a later day, namely: President Jackson's famous Nullification +Proclamation to South Carolina, The Monroe Doctrine, Dred Scott +Decision, Neutrality laws, with numerous documents, state papers and +statistical matter growing out of the late Rebellion; all of which will +be read with new and ever increasing interest. And as long as our +Republic endures, these pages will be cherished as the representative of +all that is great and good in our country; and will prove incentives to +our children to follow in the footsteps of the patriots by whose genius +and valor our institutions have been cherished and preserved, and +liberty, like water made to run throughout the land free to all. + + + + +CONTENTS. + + + PAGE. + + DECLARATION OF INDEPENDENCE, 9 + + CONSTITUTION OF THE UNITED STATES, 18 + + AMENDMENTS TO THE CONSTITUTION, 39 + + CONSTITUTIONAL AMENDMENT ABOLISHING SLAVERY, 44 + + PROPOSED AMENDMENTS OF THE XXXIXTH CONGRESS, 48 + + THE ORDINANCE OF 1787, 51 + + THE FUGITIVE SLAVE BILL OF 1793, 52 + + THE FUGITIVE SLAVE BILL OF 1850, 55 + + THE MISSOURI COMPROMISE, 67 + + THE STATES OF THE UNION, WITH THE DATE OF THEIR + ADMISSION, 69 + + INAUGURAL ADDRESS OF GEORGE WASHINGTON, 70 + + WASHINGTON'S FAREWELL ADDRESS, 77 + + PRESIDENT JACKSON'S PROCLAMATION TO SOUTH + CAROLINA, 105 + + MONROE DOCTRINE, 144 + + DRED SCOTT DECISION, 146 + + PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED + STATES, WITH THE POPULAR VOTE FOR EACH, 154 + + POPULAR NAMES OF STATES, 166 + + BATTLES OF THE REVOLUTION, 167 + + NEUTRALITY LAW OF THE UNITED STATES, 168 + + POPULATION OF THE UNITED STATES, 176 + + SLAVE POPULATION IN THE U.S. IN 1860, 177 + + STATISTICS OF SLAVERY BEFORE THE REVOLUTION, 178 + + SPEECH OF HON. STEPHEN A. DOUGLAS,--HIS LAST + WORDS FOR THE UNION, 179 + + PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS, 186 + + TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING + THE REBELLION, 188 + + RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE, 189 + + BLOCKADE PROCLAMATION, BY PRESIDENT LINCOLN, 194 + + EMANCIPATION PROCLAMATION, 197 + + CONFISCATION ACT, 201 + + FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN, 204 + + BALANCE SHEET OF THE GOVERNMENT, BEFORE AND SINCE + THE WAR, 1859 AND 1865, 221 + + PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL + ADDRESS, 222 + + PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY, 226 + + PRESIDENT JOHNSON'S AMNESTY PROCLAMATION, 232 + + PRESIDENT JOHNSON'S PEACE PROCLAMATION, 237 + + THE CIVIL RIGHTS BILL, 239 + + FREEDMEN'S BUREAU BILL, 248 + + PROVOST MARSHAL-GENERAL'S REPORT, OF THE KILLED AND + WOUNDED DURING THE REBELLION, 261 + + THE UNITED STATES ARMY, SHOWING THE NUMBER OF MEN + FURNISHED FROM EACH STATE DURING THE REBELLION, 265 + + HISTORY OF THE FLAG, 266 + + + + +Key-Notes of American Liberty. + + + + +DECLARATION OF INDEPENDENCE. + + IN CONGRESS, July 4, 1776. + +_By the Representatives of the United States, in Congress assembled._ + + +A DECLARATION. + +When, in the course of human events, it becomes necessary for one people +to dissolve the political bands which have connected them with another, +and to assume among the powers of the earth the separate and equal +station to which the laws of nature and of nature's God entitle them, a +decent respect for the opinions of mankind requires that they should +declare the causes which impel them to the separation. + +We hold these truths to be self-evident:--that all men are created +equal; that they are endowed by their Creator with certain inalienable +rights; that among these are life, liberty, and the pursuit of +happiness; that to secure these rights, governments are instituted among +men, deriving their just powers from the consent of the governed; that +whenever any form of government becomes destructive of these ends it is +the right of the people to alter or to abolish it, and to institute a +new government, laying its foundation on such principles, and organizing +its powers in such form, as to them shall seem most likely to effect +their safety and happiness. Prudence, indeed, will dictate that +governments long established should not be changed for light and +transient causes; and accordingly all experience hath shown that mankind +are more disposed to suffer, while evils are sufferable, than to right +themselves by abolishing the forms to which they are accustomed. But +when a long train of abuses and usurpations, pursuing invariably the +same object, evinces a design to reduce them under absolute despotism, +it is their right, it is their duty, to throw off such government, and +to provide new guards for their future security. Such has been the +patient sufferance of these colonies; and such is now the necessity +which constrains them to alter their former system of government. The +history of the present King of Great Britain is a history of repeated +injuries and usurpations, all having in direct object the establishment +of an absolute tyranny over these States. To prove this, let facts be +submitted to a candid world. + +He has refused his assent to laws the most wholesome and necessary for +the public good. + +He has forbidden his governors to pass laws of immediate and pressing +importance, unless suspended in their operation till his assent should +be obtained; and, when so suspended, he has utterly neglected to attend +to them. + +He has refused to pass other laws for the accommodation of large +districts of people, unless those people would relinquish the right of +representation in the legislature--a right inestimable to them, and +formidable to tyrants only. + +He has called together legislative bodies at places unusual, +uncomfortable, and distant from the depository of their public records, +for the sole purpose of fatiguing them into compliance with his +measures. + +He has dissolved representative houses repeatedly, for opposing, with +manly firmness, his invasions on the right of the people. + +He has refused, for a long time after such dissolutions, to cause others +to be elected; whereby the legislative powers, incapable of +annihilation, have returned to the people at large for their exercise; +the State remaining, in the mean time, exposed to all the danger of +invasion from without and convulsions within. + +He has endeavored to prevent the population of these States; for that +purpose obstructing the laws for naturalization of foreigners, refusing +to pass others to encourage their migration hither, and raising the +conditions of new appropriations of lands. + +He has obstructed the administration of justice, by refusing his assent +to laws for establishing judiciary powers. + +He has made judges dependent on his will alone for the tenure of their +offices and the amount and payment of their salaries. + +He has erected a multitude of new offices, and sent hither swarms of +officers, to harass our people and eat out their substance. + +He has kept among us, in times of peace, standing armies, without the +consent of our legislatures. + +He has affected to render the military independent of and superior to +the civil power. + +He has combined with others to subject us to a jurisdiction foreign to +our constitution and unacknowledged by our laws; giving his assent to +their acts of pretended legislation,-- + +For quartering large bodies of armed troops among us: + +For protecting them, by a mock trial, from punishment for any murders +which they should commit on the inhabitants of these States: + +For cutting off our trade with all parts of the world: + +For imposing taxes on us without our consent: + +For depriving us, in many cases, of the benefits of trial by jury: + +For transporting us beyond seas, to be tried for pretended offences: + +For abolishing the free system of English law in a neighboring province, +establishing therein an arbitrary government, and enlarging its +boundaries so as to render it at once an example and fit instrument for +introducing the same absolute rule into these colonies: + +For taking away our charters, abolishing our most valuable laws, and +altering fundamentally the forms of our government: + +For suspending our own legislatures, and declaring themselves invested +with power to legislate for us in all cases whatsoever. + +He has abdicated government here by declaring us out of his protection, +and waging war against us. + +He has plundered our seas, ravaged our coasts, burned our towns, and +destroyed the lives of our people. + +He is at this time transporting large armies of foreign mercenaries, to +complete the works of death, desolation, and tyranny, already begun, +with circumstances of cruelty and perfidy scarcely paralleled in the +most barbarous ages, and totally unworthy the head of a civilized +nation. + +He has constrained our fellow-citizens, taken captive on the high seas, +to bear arms against their country, to become the executioners of their +friends and brethren, or to fall themselves by their hands. + +He has excited domestic insurrections amongst us, and has endeavored to +bring on the inhabitants of our frontiers the merciless Indian savages, +whose known rule of warfare is an undistinguished destruction of all +ages, sexes, and conditions. + +In every stage of these oppressions we have petitioned for redress in +the most humble terms; our petitions have been answered only by repeated +injury. A prince whose character is thus marked by every act which may +define a tyrant, is unfit to be the ruler of a free people. + +Nor have we been wanting in attention to our British brethren. We have +warned them, from time to time, of attempts made by their legislature to +extend an unwarrantable jurisdiction over us. We have reminded them of +the circumstances of our emigration and settlement here. We have +appealed to their native justice and magnanimity, and we have conjured +them, by the ties of our common kindred, to disavow these usurpations, +which would inevitably interrupt our connections and correspondence. +They, too, have been deaf to the voice of justice and consanguinity. We +must therefore acquiesce in the necessity which denounces our +separation, and hold them, as we hold the rest of mankind, enemies in +war--in peace, friends. + +We, therefore, the representatives of the United States of America, in +General Congress assembled, appealing to the Supreme Judge of the world +for the rectitude of our intentions, do, in the name and by the +authority of the good people of these colonies, solemnly publish and +declare that these United Colonies are, and of good right ought to be, +free and independent States; that they are absolved from all allegiance +to the British crown, and that all political connection between them and +the State of Great Britain is, and ought to be, totally dissolved; and +that, as free and independent States, they have full power to levy war, +conclude peace, contract alliances, establish commerce, and to do all +other acts and things which independent States may of right do. And for +the support of this declaration, with a firm reliance on the protection +of Divine Providence, we mutually pledge to each other our lives, our +fortunes, and our sacred honor. + +Signed by order and in behalf of the Congress. + +JOHN HANCOCK, _President_. + +Attested, CHARLES THOMPSON, _Secretary_. + +NEW HAMPSHIRE. PENNSYLVANIA. + +Josiah Bartlett, Robert Morris, +William Whipple, Benjamin Rush, +Matthew Thornton. Benjamin Franklin, + John Morton, +MASSACHUSETTS BAY. George Clymer, + James Smith, +Samuel Adams, George Taylor, +John Adams, James Wilson, +Robert Treat Paine, George Ross. +Eldridge Gerry. + DELAWARE. +RHODE ISLAND, ETC. + Caesar Rodney, +Stephen Hopkins, George Read, +William Ellery. Thomas M'Kean. + +CONNECTICUT. MARYLAND. + +Roger Sherman, Samuel Chase, +Samuel Huntington, William Paca, +William Williams, Thomas Stone, +Oliver Wolcott. Charles Carroll, of Carrollton. + +NEW YORK. VIRGINIA. + +William Floyd, George Wythe, +Philip Livingston, Richard Henry Lee, +Francis Lewis, Thomas Jefferson, +Lewis Morris. Benjamin Harrison, + Thomas Nelson, jr., +NEW JERSEY. Francis Lightfoot Lee, + Carter Braxton. +Richard Stockton, +John Witherspoon, +Francis Hopkinson, +John Hart, +Abraham Clark. + +NORTH CAROLINA. Thomas Heyward, jr., + Thomas Lynch, jr., +William Hooper, Arthur Middleton. +Joseph Hewes, +John Penn. GEORGIA. + +SOUTH CAROLINA. Button Gwinnett, + Lyman Hall, +Edward Rutledge, George Walton. + + + + +CONSTITUTION OF THE UNITED STATES. + + We, the People of the United States, in order to form a more + perfect union, establish justice, insure domestic tranquillity, + provide for the common defence, promote the general welfare, and + secure the blessings of liberty to ourselves and our posterity, do + ordain and establish this Constitution for the United States of + America. + + +ARTICLE I. + +Sec. I.--All legislative powers herein granted shall be vested in a +Congress of the United States, which shall consist of a Senate and House +of Representatives. + +Sec. II.--1. The House of Representatives shall be composed of members +chosen every second year by the people of the several States; and the +electors in each State shall have the qualifications requisite for +electors of the most numerous branch of the State legislature. + +2. No person shall be a representative who shall not have attained the +age of twenty-five years, and been seven years a citizen of the United +States, and who shall not, when elected, be an inhabitant of the State +in which he shall be chosen. + +3. Representatives and direct taxes shall be apportioned among the +several States which may be included within this Union, according to +their respective numbers, which shall be determined by adding to the +whole number of free persons, including those bound to service for a +term of years, and excluding Indians not taxed, three-fifths of all +other persons. The actual enumeration shall be made within three years +after the first meeting of the Congress of the United States, and within +every subsequent term of ten years, in such manner as they shall by law +direct. The number of representatives shall not exceed one for every +thirty thousand, but each State shall have at least one representative; +and until such enumeration shall be made, the State of _New Hampshire_ +shall be entitled to choose three; _Massachusetts_, eight; _Rhode Island +and Providence Plantations_, one; _Connecticut_, five; _New York_, six; +_New Jersey_, four; _Pennsylvania_, eight; _Delaware_, one; _Maryland_, +six; _Virginia_, ten; _North Carolina_, five; _South Carolina_, five; +_Georgia_, three. + +4. When vacancies happen in the representation of any State, the +executive authority thereof shall issue writs of election to fill such +vacancies. + +5. The House of Representatives shall choose their speaker and other +officers, and shall have the sole power of impeachment. + +Sec. III.--1. The Senate of the United States shall be composed of two +senators from each State, chosen by the legislature thereof, for six +years; and each senator shall have one vote. + +2. Immediately after they shall be assembled in consequence of the first +election, they shall be divided, as equally as may be, into three +classes. The seats of the senators of the first class shall be vacated +at the expiration of the second year, of the second class at the +expiration of the fourth year, and the third class at the expiration of +the sixth year, so that one third may be chosen every second year; and +if vacancies happen, by resignation or otherwise, during the recess of +the legislature of any State, the executive thereof may make temporary +appointments until the next meeting of the legislature, which shall then +fill such vacancies. + +3. No person shall be a Senator who shall not have attained the age of +thirty years, and been nine years a citizen of the United States, and +who shall not, when elected, be an inhabitant of that State for which he +shall be chosen. + +4. The Vice-President of the United States shall be President of the +Senate, but shall have no vote, unless they be equally divided. + +5. The Senate shall choose their other officers, and also a president +pro tempore in the absence of the Vice-President, or when he shall +exercise the office of President of the United States. + +6. The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When the +President of the United States is tried, the chief justice shall +preside; and no person shall be convicted without the concurrence of +two-thirds of the members present. + +7. Judgment, in cases of impeachment, shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust, or profit under the United States; but the party +convicted shall, nevertheless, be liable and subject to indictment, +trial, judgment, and punishment, according to law. + +Sec. IV.--1. The times, places, and manner of holding elections for +Senators and representatives shall be prescribed in each State by the +legislature thereof; but the Congress may, at any time, by law, make or +alter such regulations, except as to the places of choosing senators. + +2. The Congress shall assemble at least once in every year; and such +meeting shall be on the first Monday in December, unless they shall by +law appoint a different day. + +Sec. V.--1. Each house shall be judge of the elections, returns, and +qualifications of its own members; and a majority of each shall +constitute a quorum to do business; but a smaller number may adjourn +from day to day, and may be authorized to compel the attendance of +absent members, in such manner and under such penalties as each house +may provide. + +2. Each house may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of +two-thirds, expel a member. + +3. Each house shall keep a journal of its proceedings, and from time to +time publish the same, excepting such parts as may, in their judgment, +require secrecy; and the yeas and nays of the members of either house on +any question shall, at the desire of one-fifth of those present, be +entered on the journal. + +4. Neither house, during the session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any other +place than that in which the two houses shall be sitting. + +Sec. VI.--1. The senators and representatives shall receive a compensation +for their services, to be ascertained by law, and paid out of the +treasury of the United States. They shall, in all cases except treason, +felony, and breach of the peace, be privileged from arrest during their +attendance at the session of their respective houses, and in going to or +returning from the same; and for any speech or debate in either house +they shall not be questioned in any other place. + +2. No senator or representative shall, during the time for which he was +elected, be appointed to any civil office under the authority of the +United States which shall have been created, or the emoluments whereof +shall have been increased, during such time; and no person holding any +office under the United States shall be a member of either house during +his continuance in office. + +Sec. VII.--1. All bills for raising revenue shall originate in the House of +Representatives; but the Senate may propose or concur with amendments, +as on other bills. + +2. Every bill which shall have passed the House of Representatives and +the Senate shall, before it becomes a law, be presented to the President +of the United States; if he approve, he shall sign it; but if not, he +shall return it with his objections, to that house in which it shall +have originated, who shall enter the objections at large on their +journal, and proceed to reconsider it. If, after such reconsideration, +two thirds of that house shall agree to pass the bill, it shall be sent, +together with the objections, to the other house; and if approved by +two-thirds of that house it shall become a law. But in all such cases +the votes of both houses shall be determined by yeas and nays; and the +name of the persons voting for and against the bill shall be entered on +the journals of each house respectively. 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 Congress, by their adjournment, +prevent its return; in which case it shall not be a law. + +3. Every order, resolution, or vote to which the concurrence of the +Senate and House of Representatives may be necessary (except on a +question of adjournment) shall be presented to the President of the +United States, and before the same shall take effect shall be approved +by him, or, being disapproved by him, shall be repassed by two-thirds of +the Senate and House of Representatives, according to the rules and +limitations prescribed in the case of a bill. + +Sec. VIII.--The Congress shall have power-- + +1. To lay and collect taxes, duties, imposts, and excises; to pay the +debts and provide for the common defence and general welfare of the +United States; but all duties, imposts, and excises shall be uniform +throughout the United States: + +2. To borrow money on the credit of the United States: + +3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes: + +4. To establish a uniform rule of naturalization, and uniform laws on +the subject of bankruptcies, throughout the United States: + +5. To coin money, regulate the value thereof, and of foreign coin, and +fix the standard of weights and measures: + +6. To provide for the punishment of counterfeiting the securities and +current coin of the United States: + +7. To establish post offices and post roads: + +8. To promote the progress of science and useful arts, by securing, for +limited times, to authors and inventors the exclusive right to their +respective writings and discoveries: + +9. To constitute tribunals inferior to the Supreme Court: + +10. To define and punish piracies and felonies committed on the high +seas, and offences against the law of nations: + +11. To declare war, grant letters of marque and reprisal, and make rules +concerning captures on land and water: + +12. To raise and support armies; but no appropriation of money to that +use shall be for a longer term than two years: + +13. To provide and maintain a navy: + +14. To make rules for the government and regulation of the land and +naval forces: + +15. To provide for calling forth the militia to execute the laws of the +Union, suppress insurrections, and repel invasions: + +16. To provide for organizing, arming, and disciplining the militia, and +for governing such part of them as may be employed in the service of the +United States, reserving to the States respectively the appointment of +the officers, and the authority of training the militia, according to +the discipline prescribed by Congress: + +17. To exercise exclusive legislation, in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +particular States, and the acceptance of Congress, become the seat of +government of the United States, and to exercise like authority over all +places purchased by the consent of the legislature of the State in +which the same shall be, for the erection of forts, magazines, arsenals, +dock yards, and other needful building: And, + +18. To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by this +Constitution in the government of the United States, or in any +department or officer thereof. + +Sec. IX.--1. The migration or importation of such persons as any of the +States, now existing, shall think proper to admit, shall not be +prohibited by the Congress prior to the year one thousand eight hundred +and eight; but a tax or duty may be imposed on such importation, not +exceeding ten dollars for each person. + +2. The privilege of the writ of habeas corpus shall not be suspended, +unless when, in cases of rebellion or invasion, the public safety may +require it. + +3. No bill of attainder, or ex post facto law, shall be passed. + +4. No capitation or other direct tax shall be laid, unless in proportion +to the census or enumeration herein before directed to be taken. + +5. No tax or duty shall be laid on articles exported from any States. No +preference shall be given, by any regulation of commerce or revenue, to +the ports of one State over those of another; nor shall vessels bound +to or from one State be obliged to enter, clear, or pay duties in +another. + +6. No money shall be drawn from the treasury but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +7. No title of nobility shall be granted by the United States; and no +person holding any office of profit or trust under them shall, without +the consent of the Congress, accept of any present, emolument, office, +or title of any kind whatever, from any king, prince, or foreign State. + +Sec. X.--1. No state shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make any thing but gold and silver coin a tender in +payment of debts; pass any bill of attainder, ex post facto law, or +impairing the obligation of contracts; or grant any title of nobility. + +2. No State shall, without the consent of Congress, lay any imposts or +duties on imports or exports, except what maybe absolutely necessary for +executing its inspection laws; and the net produce of all duties and +imposts laid by any State on imports or exports shall be for the use of +the treasury of the United States; and all such laws shall be subject +to the revision and control of the Congress. No State shall, without the +consent of Congress, lay any duty on tonnage, keep troops or ships of +war in time of peace, enter into any agreement or compact with another +State or with a foreign power, or engage in war, unless actually +invaded, or in such imminent danger as will not admit of delay. + + +ARTICLE II. + +Sec. I.--1. 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: + +2. 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. + +3. [Annulled. See Amendments, Art. 12.] + +4. The Congress may determine the time of choosing the electors, and the +day on which they shall give their votes, which day shall be the same +throughout the United States. + +5. No person except a natural-born citizen, or a citizen of the United +States at the time of the adoption of this Constitution, shall be +eligible to the office of President; neither shall any person be +eligible to that office who shall not have attained the age of +thirty-five years, and been fourteen years a resident within the United +States. + +6. 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 the Congress +may by law provide for the case of removal, death, resignation, or +inability both of the President and Vice-President, declaring what +officer shall then act as President, and such officer shall act +accordingly, until the disability be removed, or a President shall be +elected. + +7. The President shall, at stated times, receive for his services a +compensation which shall neither be increased nor diminished during the +period for which he shall have been elected; and he shall not receive, +within that period, any other emolument from the United States, or any +of them. + +8. Before he enter on the execution of his office, he shall take the +following oath or affirmation:-- + +"I do solemnly swear (or affirm) that I will faithfully execute the +office of President of the United States, and will, to the best of my +ability, preserve, protect, and defend the Constitution of the United +States." + +Sec. II.--1. The President shall be commander-in-chief of the army and navy +of the United States, and of the militia of the several States, when +called into the actual service of the United States: he may require the +opinion, in writing, of the principal officer in each of the executive +departments upon any subject relating to the duties of their respective +offices; and he shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment. + +2. He shall have power, by and with the advice and consent of the +Senate, to make treaties, provided two-thirds of the Senators present +concur; and he shall nominate, and by and with the advice and consent of +the Senate shall appoint, ambassadors, other public ministers, and +consuls, judges of the Supreme Court, and all other officers of the +United States whose appointments are not herein otherwise provided for, +and which shall be established by law. But the 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. + +3. The President shall have power to fill up all vacancies that may +happen during the recess of the Senate, by granting commissions, which +shall expire at the end of the next session. + +Sec. III.--He shall, from time to time, give to the Congress information of +the state of the Union, and recommend to their consideration such +measures as he shall judge necessary and expedient; he may, on +extraordinary occasions, convene both houses, or either of them, and in +case of disagreement between them with respect to the time of +adjournment, he may adjourn them to such time as he shall think proper; +he shall receive ambassadors and other public ministers; he shall take +care that the laws are faithfully executed; and shall commission all the +officers of the United States. + +Sec. IV.--The President, Vice-President, and all civil officers of the +United States, shall be removed from office on impeachment for, and +conviction of, treason, bribery, or other high crimes and misdemeanors. + + +ARTICLE III. + +Sec. I.--The judicial power of the United States shall be vested in one +Supreme Court, and in such inferior courts as the Congress may, from +time to time, ordain and establish. The judges, both of the Supreme and +inferior courts, shall hold their offices during good behavior, and +shall, at stated times, receive for their services a compensation which +shall not be diminished during their continuance in office. + +Sec.II.--1. The judicial power 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, and 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. + +2. In all cases affecting ambassadors, other public ministers, and +consuls, and those in which a State shall be a party, the Supreme Court +shall have original jurisdiction. In all other cases before mentioned, +the Supreme Court shall have appellate jurisdiction, both as to law and +fact, with such exceptions, and under such regulations, as the Congress +shall make. + +3. The trial of all crimes, except in cases of impeachment, shall be by +jury; and such trial shall be held in the State where such crimes shall +have been committed; but when not committed within any State, the trial +shall be at such place or places as the Congress may by law have +directed. + +Sec. III.--1. Treason against the United States shall consist only in +levying war against them, or in adhering to their enemies, giving them +aid and comfort. No person shall be convicted of treason, unless on the +testimony of two witnesses to the same overt act, or confessions in open +court. + +2. The Congress shall have power to declare the punishment of treason; +but no attainder of treason shall work corruption of blood, or +forfeiture, except during the life of the person attainted. + + +ARTICLE IV. + +Sec. I.--Full faith and credit shall be given in each State to the public +acts, records, and judicial proceedings of every other State. And the +Congress may, by general laws, prescribe the manner in which such acts, +records, and proceedings shall be proved, and the effect thereof. + +Sec. II.--1. The citizens of each State shall be entitled to all privileges +and immunities of citizens in the several States. + +2. A person charged in any State with treason, felony, or other crime, +who shall flee from justice, and be found in another State, shall, on +demand of the executive authority of the State from which he fled, be +delivered up to be removed to the State having jurisdiction of the +crime. + +3. No person held to service or labor in one State, under the laws +thereof, escaping into another, shall, in consequence of any law or +regulation therein, be discharged from such service or labor, but shall +be delivered up on claim of the party to whom such service or labor may +be due. + +Sec. III.--1. New States may be admitted by the Congress into this Union; +but no new State shall shall be formed or erected within the +jurisdiction of any other State; nor any State be formed by the junction +of two or more States, or parts of States, without the consent of the +legislature of the States concerned, as well as of the Congress. + +2. The Congress shall have power to dispose of and make all needful +rules and regulations respecting the territory or other property +belonging to the United States; and nothing in this Constitution shall +be so construed as to prejudice any claims of the United States, or of +any particular State. + +Sec. IV.--The United States shall guaranty to every State of this Union a +republican form of government, and shall protect each of them against +invasion, and, on application of the legislature, or of the executive, +(when the legislature cannot be convened,) against domestic violence. + + +ARTICLE V. + +The Congress, whenever two-thirds of both houses shall deem it +necessary, shall propose amendments to this Constitution, or, on the +application of the legislatures of two-thirds of the several States, +shall call a convention for proposing amendments, which, in either case, +shall be valid to all intents and purposes, as part of this +Constitution, when ratified by the legislatures of three-fourths of the +several States, or by conventions in three-fourths thereof, as the one +or the other mode of ratification may be proposed by the Congress; +provided that no amendment which may be made prior to the year one +thousand eight hundred and eight 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. + + +ARTICLE VI. + +1. All debts contracted, and engagements entered into, before the +adoption of this Constitution, shall be as valid against the United +States under this Constitution as under the confederation. + +2. 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; any +thing in the Constitution or laws of any State to the contrary +notwithstanding. + +3. The senators and representatives before mentioned, and the members of +the several State legislatures, and all executive and all judicial +officers, both of the United States and of the several States, shall be +bound by oath or affirmation to support this Constitution; but no +religious test shall ever be required as a qualification to any office +or public trust under the United States. + + +ARTICLE VII. + +The ratification of the conventions of nine States shall be sufficient +for the establishment of this Constitution between the States so +ratifying the same. + + Done in Convention, by the unanimous consent of the States present, + the seventeenth day of September, in the year of our Lord one + thousand seven hundred and eighty-seven, and of the Independence of + the United States of America the twelfth. In witness whereof, we + have hereunto subscribed our names. + +GEORGE WASHINGTON, + +_President, and Deputy from Virginia._ + + + +NEW HAMPSHIRE. DELAWARE. + +John Langdon, George Read, +Nicholas Gilman. Gunning Bedford, jr., + John Dickinson, +MASSACHUSETTS. Richard Bassett, + Jacob Broom. +Nathaniel Gorham, +Rufus King. MARYLAND. + James McHenry, +CONNECTICUT. Daniel of St. Tho. Jenifer, + Daniel Carroll. +Wm. Samuel Johnson, +Roger Sherman. VIRGINIA. + +NEW YORK. John Blair, + James Madison, jr. +Alexander Hamilton. + NORTH CAROLINA. +NEW JERSEY. + William Blount, +William Livingston, Rich. Dobbs Spaight, +David Brearley, Hugh Williamson. +William Patterson, +Jonathan Dayton. SOUTH CAROLINA. + +PENNSYLVANIA. John Rutledge, +Benjamin Franklin, Charles C. Pinckney, +Thomas Mifflin, Charles Pinckney, +Robert Morris, Pierce Butler. +George Clymer, +Thomas Fitzsimons, GEORGIA. +Jared Ingersoll, +James Wilson, William Few, +Gouverneur Morris. Abraham Baldwin. + +Attest, WILLIAM JACKSON, _Secretary_. + + + + +AMENDMENTS TO THE CONSTITUTION. + + +ART. I.--Congress shall make no law 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. + +ART. II.--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. + +ART. III.--No soldier shall, in time of peace, be quartered in any house +without the consent of the owner, nor in time of war but in a manner to +be prescribed by law. + +ART. IV.--The right of the people to be secure in their persons, houses, +papers, and effects, against unreasonable searches and seizures, shall +not be violated; and no warrants shall issue but upon probable cause, +supported by oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized. + +ART. V.--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; nor shall any +person be subject for the same offence to be twice put in jeopardy of +life or limb; nor shall be compelled, in any criminal case, to be +witness against himself, nor be deprived of life, liberty, or property, +without due process of law; nor shall private property be taken for +public use without just compensation. + +ART. VI.--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, which district +shall have been previously ascertained by law, and to be informed of the +nature and cause of the accusation; to be confronted with the witnesses +against him; to have compulsory process for obtaining witnesses in his +favor; and to have the assistance of counsel for his defence. + +ART. VII.--In suits of common law, where the value in controversy shall +exceed twenty dollars, the right of trial by jury shall be preserved; +and no fact, tried by a jury, shall be otherwise reexamined in any court +of the United States than according to the rules of the common law. + +ART. VIII.--Excessive bail shall not be required, nor excessive fines +imposed, nor cruel and unusual punishments inflicted. + +ART. IX.--The enumeration in the Constitution of certain rights shall +not be construed to deny or disparage others retained by the people. + +ART. X.--The powers not delegated to the United States by the +Constitution, nor prohibited by it to the States, are reserved to the +States respectively, or to the people. + +ART. XI.--The judicial power of the United States shall not be construed +to extend to any suit in law or equity commenced or prosecuted against +one of the United States by citizens of another State, or by citizens or +subjects of any foreign State. + +ART. XII.--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 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 President, if such number be a majority of +the whole number of electors appointed; and if no person have such a +majority, then from the persons having the highest number, 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 fourth +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. + +2. The person having the greatest number of votes as Vice-President +shall be the Vice-President, if such number be a majority of the whole +number of electors appointed; and if no person have a majority, then +from the two highest numbers on the list the Senate shall choose the +Vice-President; a quorum for the purpose shall consist of two-thirds of +the whole number of senators, and a majority of the whole number shall +be necessary to a choice. + +3. But no person constitutionally ineligible to the office of President +shall be eligible to that of Vice-President of the United States. + + + + +THE CONSTITUTIONAL AMENDMENT. + + +ARTICLE V. of the Constitution of the United States clearly and +distinctly sets forth the mode and manner in which that instrument may +be amended, as follows: + +"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." + +In accordance with this article of the Constitution, the following +resolution was proposed in the Senate, on February 1, 1864, adopted +April 8, 1864, by a vote of 38 to 6, and was proposed in the House June +15, 1864, adopted Jan. 31, 1865, by a vote of 119 to 56: + +_Resolved_, By the Senate and House of Representatives of the United +States of America, in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures, +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes, as a part of the said +Constitution, namely: + +Art. XIII. 1st. 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. + +The amendment was now sent by the Secretary of State to the Governors of +the several States for ratification by the Legislatures; a majority vote +in three-fourths being required to make it a law of the land. + +On Dec. 18, 1865, Secretary Seward officially announced to the country +the ratification of the Amendment as follows: + +_To all to whom these presents may come, Greeting:_ + +_Know ye_, That, whereas the Congress of the United States, on the 1st +of February last, passed a resolution, which is in the words following, +namely: + +"A resolution submitting to the Legislatures of the several States a +proposition to amend the Constitution of the United States." + +"_Resolved_, By the Senate and House of Representatives of the United +States of America in Congress assembled, two-thirds of both Houses +concurring, that the following article be proposed to the Legislatures +of the several States as an Amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid to all intents and purposes as a part of said +Constitution, namely: + +"'ARTICLE XIII. + +"'SECTION 1. 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. + +"'SECTION 2. Congress shall have power to enforce this article by +appropriate legislation.'" + +_And whereas_, It appears from official documents on file in this +Department, that the Amendment to the Constitution of the United States +proposed as aforesaid, has been ratified by the Legislatures of the +States of Illinois, Rhode Island, Michigan, Maryland, New York, West +Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, +Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, +Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, +Alabama, North Carolina, and Georgia, in all 27 States. + +_And whereas_, The whole number of States in the United States is 36. + +_And whereas_, The before specially named States, whose Legislatures +have ratified the said proposed Amendment, constitute three-fourths of +the whole number of States in the United States: + +Now, therefore, be it known that I, William H. Seward, Secretary of +State of the United States, by virtue and in pursuance of the second +section of the act of Congress, approved the 20th of April, 1818, +entitled "An act to provide for the publication of the laws of the +United States, and for other purposes," do hereby certify that the +Amendment aforesaid has become valid to all intents and purposes as a +part of the Constitution of the United States. + +In testimony whereof, I have hereunto set my hand and caused the seal of +the Department of State to be affixed. + +Done at the City of Washington, this 18th day of December, in the year +of our Lord 1865, and of the Independence of the United States of +America the 90th. + +WM. H. SEWARD, _Secretary of State_. + + + + +PROPOSED AMENDMENTS. + + ADOPTED BY CONGRESS JUNE 13TH, 1866, AND WHEN RATIFIED BY + TWO-THIRDS OF THE LEGISLATURES BECOMES A PART OF THE CONSTITUTION. + + +The joint resolution as passed is as follows: + +_Resolved_, By the Senate and House of Representatives of the United +States of America, in Congress assembled, (two-thirds of both Houses +concurring), That the following article be proposed to the Legislatures +of the several States, as an amendment to the Constitution of the United +States, which, when ratified by three-fourths of said Legislatures, +shall be valid as part of the Constitution, namely: + + +ARTICLE--. + +Sec. 1. All persons born or naturalized in the United States, and subject +to the jurisdiction thereof, are citizens of the United States and the +States wherein they reside. No State shall make or enforce any law +which shall abridge the privileges or immunities of citizens of the +United States; nor shall any State deprive any person of life, liberty +or happiness, without due process of law, nor deny to any person within +its jurisdiction the equal protection of the laws. + +Sec. 2. Representatives shall be apportioned among the several States +according to their respective numbers, counting the whole number of +persons, excluding Indians not taxed. But whenever the right to vote at +any election for the choice of electors for President and +Vice-President, representatives in Congress, executive and judicial +officers, or members of the Legislature thereof, is denied to any of the +male inhabitants of such State, being 21 years of age, and citizens of +the United States, or in any way abridged, except for participation in +rebellion or other crime, the basis of representation therein shall be +reduced in the proportion which the number of such male citizens shall +bear to the whole number of male citizens 21 years of age in such State. + +Sec. 3. That no person shall be a Senator or Representative in Congress, or +elector of President and Vice President, or hold any office, civil or +military, under the United States, or under any State, who, having +previously taken an oath as a member of Congress, 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, shall have engaged in insurrection or rebellion +against the same, or given aid and comfort to the enemies thereof. But +Congress may, by a vote of two-thirds of each House, remove such +disabilities. + +Sec. 4. The validity of the public debt of the United States authorized by +law, including debts incurred for payment of pensions and bounties for +services in suppressing insurrection or rebellion, shall not be +questioned. But neither the United States or any State shall assume or +pay any debt or obligation incurred in aid of insurrection or rebellion +against the United States, or any claim for the loss or emancipation of +any slave; but all such debts, obligations, and claims shall be held +illegal and void. + +Sec. 5. The Congress shall have power to enforce, by appropriate +legislation, the provisions of this article. + + + + +THE ORDINANCE OF 1787. + + _Passed by Congress previous to the Adoption of the New + Constitution, and subsequently adopted by Congress, Aug. 7, 1789, + entitled, "An Ordinance for the Government of the Territory of the + United States north-west of the River Ohio."_ + + (All the Articles of this ordinance, previous to Article VI., + relate to the organization and powers of the government of the + territory, the following section being all that relates to + slavery.) + + +ARTICLE VI. + +There shall be neither slavery nor involuntary servitude in the said +territory, otherwise than in punishment of crimes, whereof the party +shall have been duly convicted: Provided always, that any person +escaping into the same, from whom labor or service is lawfully claimed +in any one of the original States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service, as aforesaid. + + Done by the United States in Congress assembled the thirteenth day + of July, in the year of our Lord 1787, and of the sovereignty and + Independence the twelfth. + +WILLIAM GRAYSON, _Chairman_. +CHARLES THOMPSON, _Secretary_. + + + + + + +THE FUGITIVE SLAVE BILL OF 1793. + +ADOPTED FEBRUARY 12, 1793. + + _An Act respecting Fugitives from Justice, and Persons escaping + from the Service of their Masters._ + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That whenever the executive +authority of any State in the Union, or of either of the territories +north-west or south of the River Ohio, shall demand any person, as a +fugitive from justice, of the executive authority of any such State or +Territory to which such person shall have fled, and shall, moreover, +produce the copy of an indictment found, or an affidavit made before a +magistrate of any State or Territory as aforesaid, charging the person +so demanded with having committed treason, felony, or other crime, +certified as authentic by the governor or chief magistrate of the State +or Territory from whence the person so charged fled, it shall be the +duty of the executive authority of the State or Territory to which such +person shall have fled, to cause him or her to be arrested and secured, +and notice of the arrest to be given to the executive authority making +such demand, or to the agent of such authority appointed to receive the +fugitive, and to cause the fugitive to be delivered to such agent when +he shall appear. But if no such agent shall appear within six months +from the time of the arrest, the prisoner may be discharged. And all +costs or expenses incurred in the apprehending, securing, and +transmitting such fugitive to the State or Territory making such demand, +shall be paid by such State or Territory. + +_And be it further enacted_, That any agent appointed as aforesaid, who +shall receive the fugitive into his custody, shall be empowered to +transport him or her to the State or Territory from which he or she +shall have fled. And if any person or persons shall by force set at +liberty or rescue the fugitive from such agent while transporting as +aforesaid, the person or persons so offending shall, on conviction, be +fined not exceeding five hundred dollars, and be imprisoned not +exceeding one year. + +_And be it also enacted_, That when a person held to labor in any of +the United States, or in either of the Territories on the north-west or +south of the River Ohio, under the laws thereof, shall escape into any +other of the said States or Territory, the person to whom such labor or +service may be due, his agent or attorney, is hereby empowered to seize +or arrest such fugitive from labor, and to take him or her before any +judge of the Circuit or District Courts of the United States, residing +or being within the State, or before any magistrate of a county, city, +or town corporate, wherein such seizure or arrest shall be made, and +upon proof to the satisfaction of such judge or magistrate, either by +oral testimony or affidavit taken before, and certified by, a magistrate +of any such State or Territory, that the person so seized or arrested +doth, under the laws of the State or Territory from which he or she +fled, owe services or labor to the person claiming him or her, it shall +be the duty of such judge or magistrate to give a certificate thereof to +such claimant, his agent or attorney, which shall be sufficient warrant +for removing the said fugitive from labor to the State or Territory from +which he or she fled. + +_And he it further enacted_, That any person who shall knowingly and +willingly obstruct or hinder such claimant, his agent or attorney, in so +seizing or arresting such fugitive from labor, or shall rescue such +fugitive from such claimant, his agent or attorney, when so arrested +pursuant to the authority herein given or declared, or shall harbor or +conceal such person after notice that he or she was a fugitive from +labor as aforesaid, shall, for either of the said offences, forfeit and +pay the sum of five hundred dollars. Which penalty may be recovered by +and for the benefit of such claimant, by action of debt, in any court +proper to try the same; saving, moreover, to the person claiming such +labor or service, his right of action for or on account of the said +injuries, or either of them. + + + + +THE FUGITIVE SLAVE BILL OF 1850. + +SIGNED SEPTEMBER 18, 1850. + + _An Act to amend, and supplementary to the Act entitled "An Act + respecting Fugitives from Justice, and Persons escaping from the + Service of their Masters," approved February twelfth, one thousand + seven hundred and ninety-three._ + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That the persons who have +been, or may hereafter be, appointed commissioners, in virtue of any +act of Congress, by the Circuit Courts of the United States, and who, in +consequence of such appointment, are authorized to exercise the powers +that any justice of the peace, or other magistrate of any of the United +States, may exercise in respect to offenders for any crime or offence +against the United States, by arresting, imprisoning, or bailing the +same under and by virtue of the thirty-third section of the act of the +twenty-fourth of September, seventeen hundred and eighty-nine, entitled +"An Act to establish the judicial courts of the United States," shall +be, and are hereby, authorized and required to exercise and discharge +all the powers and duties conferred by this act. + +_And be it further enacted_, That the Superior Court of each organized +Territory of the United States shall have the same power to appoint +commissioners to take acknowledgments of bail and affidavits, and to +take depositions of witnesses in civil causes, which is now possessed by +the Circuit Court of the United States; and all commissioners who shall +hereafter be appointed for such purposes by the Supreme Court of any +organized Territory of the United States, shall possess all the powers, +and exercise all the duties, conferred by law upon the commissioners +appointed by the Circuit Courts of the United States for similar +purposes, and shall moreover exercise and discharge all the powers and +duties conferred by this act. + +_And be it further enacted_, That the Circuit Courts of the United +States, and the Superior Courts of each organized Territory of the +United States, shall from time to time enlarge the number of +commissioners, with a view to afford reasonable facilities to reclaim +fugitives from labor, and to the prompt discharge of the duties imposed +by this act. + +_And be it further enacted_, That the commissioners above named shall +have concurrent jurisdiction with the judges of the Circuit and District +Courts of the United States, in their respective circuits and districts +within the several States, and the judges of the Superior Courts of the +Territories severally and collectively, in term time and vacation; and +shall grant certificates to such claimants upon satisfactory proof being +made, with authority to take and remove such fugitives from service or +labor, under the restrictions herein contained, to the State or +Territory from which such persons may have escaped or fled. + +_And he it further enacted_, That it shall be the duty of all marshals +and deputy marshals to obey and execute all warrants and precepts issued +under the provisions of this act, when to them directed; and should any +marshal or deputy marshal refuse to receive such warrant, or other +process, when tendered, or to use all proper means diligently to execute +the same, he shall, on conviction thereof, be fined in the sum of one +thousand dollars, to the use of such claimant, on the motion of such +claimant, by the Circuit or District Court for the district of such +marshal; and after arrest of such fugitive, by such marshal or his +deputy, or whilst at any time in his custody, under the provisions of +this act, should such fugitive escape, whether with or without the +assent of such marshal or his deputy, such marshal shall be liable, on +his official bond, to be prosecuted for the benefit of such claimant, +for the full value of the service or labor of said fugitive in the +State, Territory, or district whence he escaped; and the better to +enable said commissioners, when thus appointed, to execute their duties +faithfully and efficiently, in conformity with the requirements of the +constitution of the United States, and of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, any one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties; +with authority to such commissioners, or the persons to be appointed by +them, to execute process as aforesaid, to summon and call to their aid +the bystanders, or _posse comitatus_ of the proper county, when +necessary to insure a faithful observance of the clause of the +constitution referred to, in conformity with the provisions of this act; +and all good citizens are hereby commanded to aid and assist in the +prompt and efficient execution of this law, whenever their services may +be required, as aforesaid, for that purpose; and said warrants shall +run, and be executed by said officers, any where in the State within +which they are issued. + +_And be it further enacted_, That when a person held to service or labor +in any State or Territory of the United States has heretofore or shall +hereafter escape into another State or Territory of the United States, +the person or persons to whom such service or labor may be due, or his, +her, or their agent or attorney, duly authorized by power of attorney, +in writing acknowledged and certified under the seal of some legal +officer or court of the State or Territory in which the same may be +executed, may pursue and reclaim such fugitive person, either by +procuring a warrant from some one of the courts, judges, or +commissioners aforesaid, of the proper circuit, district, or county, for +the apprehension of such fugitive from service or labor, or by seizing +and arresting such fugitive where the same can be done without process, +and by taking, or causing such person to be taken forthwith before such +court, judge, or commissioner, whose duty it shall be to hear and +determine the case of such claimant in a summary manner; and upon +satisfactory proof being made, by deposition or affidavit, in writing, +to be taken and certified by such court, judge, or commissioner, or by +other satisfactory testimony, duly taken and certified by some court, +magistrate, justice of the peace, or other legal officer authorized to +administer an oath and take depositions under the laws of the State or +Territory from which such person owing service or labor may have +escaped, with a certificate of such magistracy, or other authority as +aforesaid, with the seal of the proper court or officer thereto +attached, which seal shall be sufficient to establish the competency of +the proof, also by affidavit, of the identity of the person whose +service or labor is claimed to be due as aforesaid, that the person so +arrested does in fact owe service or labor to the person or persons +claiming him or her, in the State or Territory from which such fugitive +may have escaped as aforesaid, and that said person escaped, to make out +and deliver to such claimant, his or her agent or attorney, a +certificate setting forth the substantial facts as to the service or +labor due from such fugitive to the claimant, and of his or her escape +from the State or Territory in which such service or labor was due to +the State or Territory in which he or she was arrested, with authority +to such claimant, or his or her agent or attorney, to use such +reasonable force and restraint as may be necessary, under the +circumstances of the case, to take and remove such fugitive person back +to the State or Territory whence he or she may have escaped as +aforesaid. In no trial or hearing under this act shall the testimony of +such alleged fugitive be admitted in evidence; and the certificates in +this and the first (fourth) section mentioned, shall be conclusive of +the right of the person or persons in whose favor granted, to remove +such fugitive to the State or Territory from which he escaped, and shall +prevent all molestation of such person or persons by any process issued +by any court, judge, magistrate, or other person whomsoever. + +_And be it further enacted_, That any person who shall knowingly and +willingly obstruct, hinder, or prevent such claimant, his agent or +attorney, or any person or persons lawfully assisting him, her, or them, +from arresting such a fugitive from service or labor, either with or +without process as aforesaid, or shall rescue or attempt to rescue such +fugitive from service or labor from the custody of such claimant, his or +her agent or attorney, or other person or persons lawfully assisting as +aforesaid, when so arrested pursuant to the authority herein given and +declared, or shall aid, abet, or assist such person so owing service or +labor as aforesaid, directly or indirectly, to escape from such +claimant, his agent or attorney, or other person or persons legally +authorized as aforesaid, or shall harbor or conceal such fugitive, so as +to prevent the discovery and arrest of such person, after notice or +knowledge of the fact that such person was a fugitive from service or +labor as aforesaid, shall, for either of said offences, be subject to a +fine not exceeding one thousand dollars, and imprisonment not exceeding +six months, by indictment and conviction before the District Court of +the United States for the district in which such offence may have been +committed, or before the proper court of criminal jurisdiction, if +committed within any one of the organized Territories of the United +States, and shall moreover forfeit and pay, by way of civil damages to +the party injured by such illegal conduct, the sum of one thousand +dollars for each fugitive so lost as aforesaid, to be recovered by +action of debt in any of the district or territorial courts aforesaid, +within whose jurisdiction the said offence may have been committed. + +_And be it further enacted_, That the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the like fees as may be allowed to them for similar +services in other cases; and where such services are rendered +exclusively in the arrest, custody, and delivery of the fugitive to the +claimant, his or her agent or attorney, or where such supposed fugitive +may be discharged out of custody for the want of sufficient proof as +aforesaid, then such fees are to be paid in the whole by such claimant, +his agent or attorney; and in all cases where the proceedings are before +a commissioner, he shall be entitled to a fee of ten dollars in full for +his services in each case, upon the delivery of the said certificate to +the claimant, his or her agent or attorney; or a fee of five dollars in +cases where the proof shall not, in the opinion of such commissioner, +warrant such certificate and delivery, inclusive of all services +incident to such arrest or examination, to be paid in either case by the +claimant, his or her agent or attorney. The person or persons authorized +to execute the process to be issued by such commissioner for the arrest +and detention of fugitives from service or labor as aforesaid, shall +also be entitled to a fee of five dollars each, for each person he or +they may arrest and take before any such commissioner, as aforesaid, at +the instance and request of such claimant, with such other fees as may +be deemed reasonable by such commissioners for such other additional +services as may be necessarily performed by him or them; such as +attending at the examination, keeping the fugitive in custody, and +providing him with food and lodging during his detention and until the +final determination of such commissioner; and, in general, for +performing such other duties as may be required by such claimant, his or +her attorney or agent, or commissioner in the premises. Such fees to be +made up in conformity with the fees usually charged by the officers of +the courts of justice within the proper district or county, as near as +may be practicable, and paid by such claimants, their agents or +attorneys, whether such supposed fugitives from service or labor be +ordered to be delivered to such claimants by the final determination of +such commissioner or not. + +_And be it further enacted_, That, upon affidavit made by the claimant +of such fugitive, his agent or attorney, after such certificate has been +issued that he has reason to apprehend that such fugitive will be +rescued by force from his or her possession before he can be taken +beyond the limits of the State in which the arrest is made, it shall be +the duty of the officer making the arrest to retain such fugitive in his +custody, and to remove him to the State whence he fled, and there +deliver him to said claimant, his agent or attorney. And to this end, +the officer aforesaid is hereby authorized and required to employ so +many persons as he may deem necessary to overcome such force, and to +retain them in his service so long as circumstances may require. The +said officer and his assistants while so employed to receive the +compensation, and to be allowed the same expenses, as are now allowed by +law for transportation of criminals, to be certified by the judge of the +district within which the arrest is made, and paid out of the Treasury +of the United States. + +_And be it further enacted_, That when any person held to service or +labor in any State or Territory, or in the District of Columbia, shall +escape therefrom, the party to whom such service or labor may be due, +his, her, or their agent or attorney, may apply to any court of record +therein, or judge thereof in vacation, and make satisfactory proof to +such court, or judge in vacation, of the escape aforesaid, and that the +person escaping owed service or labor to such party. Whereupon the court +shall cause a record to be made of the matters so proved, and also a +general description of the person so escaping with such convenient +certainty as may be; and a transcript of such record, authenticated by +the attestation of the clerk and of the seal of the said court, being +produced in any other State, Territory, or district in which the person +so escaping may be found, and being exhibited to any judge, +commissioner, or other officer authorized by the law of the United +States to cause persons escaping from service or labor to be delivered +up, shall be held and taken to be full and conclusive evidence of the +fact of the escape, and that the service or labor of the person escaping +is due to the party in such record mentioned. And upon the production by +the said party of other and further evidence if necessary, either oral +or by affidavit, in addition to what is contained in the said record of +the identity of the person escaping, he or she shall be delivered up to +the claimant. And the said court, commissioner, judge, or other person +authorized by this act to grant certificates to claimants of fugitives, +shall, upon the production of the record and other evidences aforesaid, +grant to such claimant a certificate of his right to take any such +person identified and proved to be owing service or labor as aforesaid, +which shall authorize such claimant to seize or arrest and transport +such person to the State or Territory from which he escaped. _Provided_, +That nothing herein contained shall be construed as requiring the +production of a transcript of such record as evidence as aforesaid. But +in its absence the claim shall be heard and determined upon other +satisfactory proofs, competent in law. + + + + +THE MISSOURI COMPROMISE. + +ADOPTED MARCH 6, 1820. + + _An Act to authorize the People of the Missouri Territory 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, + and to prohibit Slavery in certain Territories._ + + (All the previous sections of this act relate entirely to the + formation of the Missouri Territory in the usual form of + territorial bills, the 8th section only relating to the slavery + question.) + + +_And be it further enacted_, That in all that Territory ceded by France +to the United States, under the name of Louisiana, which lies north of +thirty-six degrees and thirty minutes north latitude, not included +within the limits of the State contemplated by their act, slavery and +involuntary servitude, otherwise than in the punishment of crimes, +whereof the parties shall have been duly convicted, shall be, and is +hereby, forever prohibited. _Provided always_, That any person escaping +into the same, from whom labor or service is lawfully claimed, in any +State or Territory of the United States, such fugitive may be lawfully +reclaimed and conveyed to the person claiming his or her labor or +service as aforesaid. + + + + +THE STATES OF THE UNION. + + +The following is a list of the States constituting the Union, with the +dates of their admission. The thirty-six stars in our national flag are +therefore designated as under: + +Delaware Dec. 7, 1787. +Pennsylvania Dec. 12, 1787. +New Jersey Dec. 13, 1787. +Georgia Jan. 2, 1788. +Connecticut Jan. 9, 1788. +Massachusetts Feb. 6, 1788. +Maryland April 28, 1788. +South Carolina May 23, 1788. +N. Hampshire June 21, 1788. +Virginia June 26, 1788. +New York July 26, 1788. +N. Carolina Nov. 21, 1789. +Rhode Island May 29, 1790. +Vermont March 4, 1791. +Kentucky June 1, 1792. +Tennessee June 1, 1796. +Ohio Nov. 29, 1802. +Louisiana April 8, 1812. +Indiana Dec. 11, 1816. +Mississippi Dec. 16, 1817. +Illinois Dec. 3, 1818. +Alabama Dec. 14, 1819. +Maine March 15, 1820. +Missouri Aug. 10, 1821. +Arkansas June 15, 1836. +Michigan Jan. 26, 1837. +Florida March 3, 1845. +Texas Dec. 29, 1845. +Iowa Dec. 28, 1846. +Wisconsin May 29, 1848. +California Sept. 9, 1850. +Minnesota Dec., 1857. +Oregon Dec., 1858. +Kansas March, 1862. +West Virginia Feb., 1863. +Nevada Oct., 1864. + + + + +INAUGURAL ADDRESS OF GEORGE WASHINGTON. + +FIRST PRESIDENT OF THE UNITED STATES, DELIVERED APRIL 30, 1789. + + +FELLOW-CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES--Among the +vicissitudes incident to life, no event could have filled me with +greater anxieties than that of which the notification was transmitted by +your order, and received on the fourteenth day of the present month. On +the one hand I was summoned by my country, whose voice I can never hear +but with veneration and love, from a retreat which I had chosen with the +fondest predilection, and in my flattering hopes with an immutable +decision as the asylum of my declining years; a retreat which was +rendered every day more necessary as well as more dear to me, by the +addition of habit to inclination, and of frequent interruptions in my +health to the gradual waste committed on it by time. On the other hand, +the magnitude and difficulty of the trust to which the voice of my +country called me being sufficient to awaken in the wisest and most +experienced of her citizens a distrustful scrutiny into his +qualifications, could not but overwhelm with despondence one who, +inheriting inferior endowments from nature, and unpracticed in the +duties of civil administration, ought to be peculiarly conscious of his +own deficiencies. In this conflict of emotions, all I dare aver is, that +it has been my faithful study to collect my duty from a just +appreciation of every circumstance by which it might be affected. All I +dare hope is, that if, in executing this task, I have been too much +swayed by a grateful remembrance of former instances, or by any +affectionate sensibility to this transcendent proof of the confidence of +my fellow-citizens, and have thence too little consulted my incapacity +as well as disinclination, for the weighty and untried cares before me, +my error will be palliated by the motives which misled me, and its +consequences be judged by my country with some share of the partiality +with which they originated. + +Such being the impressions under which I have, in obedience to the +public summons, repaired to the present station, it would be peculiarly +improper to omit in this first official act, my fervent supplications to +that Almighty Being who rules over the universe, who presides in the +councils of nations, and whose providential aids can supply every human +defect that his benediction may consecrate to the liberties and +happiness of the people of the United States, a government instituted by +themselves for these essential purposes, and may enable every instrument +employed in its administration to execute with success the functions +allotted to his charge. In tendering this homage to the great author of +every public and private good, I assure myself that it expresses your +sentiments, not less than my own, nor those of my fellow-citizens at +large less than either. No people can be bound to acknowledge and adore +the invisible hand which conducts the affairs of men more than the +people of the United States. Every step by which they have advanced to +the character of an independent nation seems to have been distinguished +by some token of providential agency, and in the important revolution +just accomplished in the system of their united government the tranquil +deliberations and voluntary consent of so many distinct communities from +which the event has resulted cannot be compared with the means by which +most governments have been established without some return of pious +gratitude along with a humble anticipation of the future blessings which +the past seem to presage. These reflections arising out of the present +crisis have forced themselves too strongly on my mind to be suppressed. +You will join with me, I trust, in thinking that there are none under +the influence of which the proceedings of a new and free government can +more auspiciously commence. + +By the article establishing the executive department it is made the duty +of the President "to recommend to your consideration such measures as he +shall judge necessary and expedient." The circumstances under which I +now meet you will acquit me from entering into that subject farther than +to refer to the great constitutional charter under which you are +assembled, and which in defining your powers designates the objects to +which your attention is to be given. It will be more consistent with +those circumstances, and far more congenial with the feelings which +actuate me to substitute in place of a recommendation of particular +measures, the tribute that is due to the talents, the rectitude, and the +patriotism which adorn the characters selected to devise and adopt them. +In these honorable qualifications, I behold the surest pledges that as +on one side no local prejudices or attachments, no separate views, no +party animosities will misdirect the comprehensive and equal eye which +ought to watch over this great assemblage of communities and interests, +so on another, that the foundations of our national policy will be laid +in the pure and immutable principles of private morality, and the +pre-eminence of free government be exemplified by all the attributes +which can win the affections of its citizens and command the respect of +the world. I dwell on this prospect with every satisfaction which an +ardent love for my country can inspire, since there is no truth more +thoroughly established than that there exists in the economy and course +of nature, an indissoluble union between virtue and happiness, between +duty and advantage, between the genuine maxims of an honest and +magnanimous policy and the solid rewards of the public prosperity and +felicity. Since we ought to be no less persuaded that the propitious +smiles of heaven can never be expected on a nation that disregards the +eternal rules of order and right which heaven itself has ordained, and +since the preservation of the sacred fire of Liberty, and the destiny of +the republican model of government are justly considered as deeply, +perhaps as finally staked on the experiment entrusted to the hands of +the American people. Besides the ordinary objects submitted to your +care, it will remain with your judgment to decide how far an exercise of +the occasional power delegated by the fifth article of the Constitution +is rendered expedient at the present juncture by the nature of the +objections which have been urged against the system, or by the degree +of inquietude which has given birth to them. Instead of undertaking +particular recommendations on this subject in which I could be guided by +no lights derived from official opportunities, I shall again give way to +my entire confidence in your discernment and pursuit of the public good, +for I assure myself that while you carefully avoid every alteration +which might endanger the benefits of an united and effective government, +or which ought to await the future lessons of experience, a reverence +for the characteristic rights of freemen, and a regard for the public +harmony will sufficiently influence your deliberations on the question, +how far the former can be more impregnably fortified, or the latter be +safely and advantageously promoted. + +To the preceding observations I have one to add, which will be most +properly addressed to the House of Representatives. It concerns myself, +and will, therefore, be as brief as possible. When I was first honored +with a call into the service of my country, then on the eve of an +arduous struggle for its liberties, the light in which I contemplated my +duty required that I should renounce every pecuniary compensation. From +this resolution I have in no instance departed, and being still under +the impressions which produced it, I must decline as inapplicable to +myself any share in the personal emoluments which may be indispensably +included in a permanent provision for the executive department, and must +accordingly pray that the pecuniary estimates for the station in which I +am placed, may, during my continuance in it, be limited to such actual +expenditures as the public good may be thought to require. + +Having thus imparted to you my sentiments, as as they have been awakened +by the occasion which brings us together, I shall take my present leave, +but not without resorting once more to the benign parent of the human +race in humble supplication, that since he has been pleased to favor the +American people with opportunities for deliberating in perfect +tranquillity, and dispositions for deciding with unparalleled unanimity +on a form of government for the security of their union and the +advancement of their happiness, so His divine blessing may be equally +conspicuous in the enlarged views, the temperate consultations, and the +wise measures on which the success of this government must depend. + + + + +WASHINGTON'S FAREWELL ADDRESS. + + +FRIENDS AND FELLOW-CITIZENS--The period for a new election of a citizen +to administer the executive government of the United States not being +far distant, and the time actually arrived when your thoughts must be +employed in designating the person who is to be clothed with that +important trust, it appears to me proper, especially as it may conduce +to a more distinct expression of the public voice, that I should now +apprise you of the resolution I have formed, to decline being considered +among the number of those out of whom a choice is to be made. + +I beg you, at the same time, to do me the justice to be assured that +this resolution has not been taken without a strict regard to all the +considerations appertaining to the relation which binds a dutiful +citizen to his country; and that, in withdrawing the tender of service +which silence, in my situation, might imply, I am influenced by no +diminution of zeal for your future interest, no deficiency of grateful +respect for your past kindness, but am supported by a full conviction +that the step is compatible with both. + +The acceptance of, and continuance hitherto in, the office to which your +suffrages have twice called me, have been a uniform sacrifice of +inclination to the opinion of duty, and to a deference for what appeared +to be your desire. I constantly hoped that it would have been much +earlier in my power, consistently with motives which I was not at +liberty to disregard, to return to that retirement from which I had been +reluctantly drawn. The strength of my inclination to do this, previous +to the last election, had been led to the preparation of an address to +declare it to you; but mature reflection on the then perplexed and +critical posture of our affairs with foreign nations, and the unanimous +advice of persons entitled to my confidence, impelled me to abandon the +idea. + +I rejoice that the state of your concerns, external as well as internal, +no longer renders the pursuit of inclination incompatible with the +sentiment of duty or propriety; and am persuaded, whatever partiality +may be retained for my services, that, in the present circumstances of +our country, you will not disapprove my determination to retire. + +The impressions with which I first undertook the arduous trust were +explained on the proper occasion. In the discharge of this trust, I will +only say, that I have with good intentions contributed toward the +organization and administration of the government the best exertions of +which a very fallible judgment was capable. Not unconscious in the +outset of the inferiority of my qualifications, experience, in my own +eyes--perhaps still more in the eyes of others--has strengthened the +motives to diffidence of myself; and every day the increasing weight of +years admonishes me, more and more, that the shade of retirement is as +necessary to me as it will be welcome. Satisfied that, if any +circumstances have given peculiar value to my services, they were +temporary, I have the consolation to believe that, while choice and +prudence invite me to quit the political scene, patriotism does not +forbid it. + +In looking forward to the moment which is intended to terminate the +career of my public life, my feelings do not permit me to suspend the +deep acknowledgment of that debt of gratitude which I owe to my beloved +country for the many honors it has conferred upon me; still more for the +steadfast confidence with which it has supported me, and for the +opportunities I have thence enjoyed of manifesting my inviolable +attachment, by services faithful and persevering, though in usefulness +unequal to my zeal. If benefits have resulted to our country from these +services, let it always be remembered to your praise, and as an +instructive example in our annals, that, under circumstances in which +the passions, agitated in every direction, were liable to mislead; amid +appearances sometimes dubious, vicissitudes of fortune often +discouraging; in situations in which, not unfrequently, want of success +has countenanced the spirit of criticism--the constancy of your support +was the essential prop of the efforts, and a guarantee of the plans by +which they were effected. Profoundly penetrated with this idea, I shall +carry it with me to my grave, as a strong incitement to unceasing vows +that Heaven may continue to you the choicest tokens of its beneficence; +that your union and brotherly affection may be perpetual; that the free +constitution, which is the work of your hands, may be sacredly +maintained; that its administration, in every department, may be stamped +with wisdom and virtue; that, in fine, the happiness of the people of +these States, under the auspices of liberty, may be made complete, by so +careful a preservation and so prudent a use of this blessing as will +acquire to them the glory of recommending it to the applause, the +affection, and the adoption of every nation which is yet a stranger to +it. + +Here, perhaps, I ought to stop; but a solicitude for your welfare, +which can not end but with my life, and the apprehension of danger +natural to that solicitude, urge me, on an occasion like the present to +offer to your solemn contemplation, and to recommend to your frequent +review, some sentiments, which are the result of much reflection, of no +inconsiderable observation, and which appear to me all-important to the +permanency of your felicity as a people. These will be afforded to you +with the more freedom, as you can only see them in the disinterested +warnings of a parting friend, who can possibly have no personal motive +to bias his counsel; nor can I forget, as an encouragement to it, your +indulgent reception of my sentiments on a former and not dissimilar +occasion. + +Interwoven as is the love of liberty with every ligament of your hearts, +no recommendation of mine is necessary to fortify or confirm the +attachment. + +The unity of government, which constitutes you one people, is also now +dear to you. It is justly so; for it is a main pillar in the edifice of +your real independence, the support of your tranquillity at home, your +peace abroad, of your safety, of your prosperity, of that very liberty +which you so highly prize. But as it is easy to forsee that from +different causes and from different quarters much pains will be taken, +many artifices employed, to weaken in your minds the conviction of this +truth--as this is the point in your political fortress against which the +batteries of internal and external enemies will be most constantly and +actively (though often covertly and insidiously) directed--it is of +infinite moment that you should properly estimate the immense value of +your national union to your collective and individual happiness; that +you should cherish a cordial, habitual, and immovable attachment to it, +accustoming yourselves to think and speak of it as of the palladium of +your political safety and prosperity; watching for its preservation with +jealous anxiety; discountenancing whatever may suggest even a suspicion +that it can, in any event, be abandoned; and indignantly frowning upon +the first dawning of every attempt to alienate any portion of our +country from the rest, or to enfeeble the sacred ties which now link +together the various parts. + +For this you have every inducement of sympathy and interest. Citizens, +by birth or choice of a common country, that country has a right to +concentrate your affections. The name of _American_, which belongs to +you in your national capacity, must always exalt the just pride of +patriotism more than any appellation derived from local discriminations. +With slight shades of difference, you have the same religion, manners, +habits, and political principles. You have, in a common cause, fought +and triumphed together; the independence and liberty you possess are the +work of joint counsels and joint efforts, of common dangers, sufferings, +and successes. + +But these considerations, however powerfully they address themselves to +your sensibility, are greatly outweighed by those which apply more +immediately to your interest; here every portion of our country finds +the most commanding motives for carefully guarding and preserving the +union of the whole. + +The North, in an unrestrained intercourse with the South, protected by +the equal laws of a common government, finds, in the productions of the +latter, great additional resources of maritime and commercial +enterprise, and precious materials of manufacturing industry. The South, +in the same intercourse, benefiting by the agency of the North, sees its +agriculture grow and its commerce expand. Turning partly into its own +channels the seamen of the North, it finds its particular navigation +invigorated; and while it contributes, in different ways, to nourish and +increase the general mass of the national navigation, it looks forward +to the protection of a maritime strength to which itself is unequally +adapted. The East, in like intercourse with the West, already finds, +and, in the progressive improvement of interior communication, by land +and water, will more and more find, a valuable vent for the commodities +which it brings from abroad or manufactures at home. The West derives +from the East supplies requisite for its growth and comfort, and, what +is perhaps of still greater consequence, it must, of necessity, owe the +secure enjoyment of indispensable outlets for its own productions to the +weight, influence, and the future maritime strength of the Atlantic side +of the Union, directed by an indissoluble community of interest as one +nation. Any other tenure by which the West can hold this essential +advantage, whether derived from its own separate strength or from an +apostate and unnatural connection with any foreign power, must be +intrinsically precarious. + +While, then, every part of our country thus feels an immediate and +particular interest in union, all the parts combined can not fail to +find, in the united mass of means and efforts, greater strength, greater +resource, proportionably greater security from external danger, a less +frequent interruption of their peace by foreign nations, and, what is of +inestimable value, they must derive from union an exemption from those +broils and wars between themselves, which so frequently afflict +neighboring countries, not tied together by the same government, which +their own rivalships alone would be sufficient to produce, but which +opposite foreign alliances, attachments, and intrigues would stimulate +and embitter. Hence, likewise, they will avoid the necessity of those +over-grown military establishments, which, under any form of government, +are inauspicious to liberty, and which are to be regarded as +particularly hostile to republican liberty; in this sense it is that +your union ought to be considered as the main prop of your liberty, and +that the love of the one ought to endear to you the preservation of the +other. + +These considerations speak a persuasive language to every reflecting and +virtuous mind, and exhibit a continuance of the Union as a primary +object of patriotic desire. Is there a doubt whether a common government +can embrace so large a sphere? Let experience solve it. To listen to +mere speculation, in such a case, were criminal. We are authorized to +hope that a proper organization of the whole, with the auxiliary agency +of governments for the respective subdivisions, will afford a happy +issue to the experiment. It is well worth a full and fair experiment. +With such powerful and obvious motives to union, affecting all parts of +our country, while experience shall not have demonstrated its +impracticability, there will always be reason to distrust the +patriotism of those who, in any quarter, may endeavor to weaken its +bands. + +In contemplating the causes which may disturb our Union, it occurs, as a +matter of serious concern, that any ground should have been furnished +for characterizing parties by geographical discriminations--Northern and +Southern, Atlantic and Western--whence designing men may endeavor to +excite a belief that there is real difference of local interests and +views. One of the expedients of party to acquire influence within +particular districts is to misrepresent the opinions and aims of other +districts. You can not shield yourselves too much against the jealousies +and heart-burnings which spring from these misrepresentations; they tend +to render alien to each other those who ought to be bound together by +fraternal affection. The inhabitants of our Western country have lately +had a useful lesson on this head; they have seen in the negotiation by +the Executive, and in the unanimous ratification by the Senate, of the +treaty with Spain, and in the universal satisfaction at that event +throughout the United States, a decisive proof how unfounded were the +suspicions propagated among them, of a policy in the general government, +and in the Atlantic States, unfriendly to their interests in regard to +the Mississippi; they have been witnesses to the formation of two +treaties--that with Great Britain and that with Spain--which secure to +them everything they could desire in respect to our foreign relations, +toward confirming their prosperity. Will it not be their wisdom to rely +for the preservation of these advantages on the Union by which they were +procured? Will they not henceforth be deaf to those advisers, if such +there are, who would sever them from their brethren and connect them +with aliens? + +To the efficacy and permanency of your Union, a government for the whole +is indispensable. No alliance, however strict, between the parts, can be +an adequate substitute; they must inevitably experience the infractions +and interruptions which all alliances, in all time, have experienced. +Sensible of this momentous truth, you have improved upon your first +essay, by the adoption of a constitution of government better calculated +than your former for an intimate Union, and for the efficacious +management of your common concerns. This government, the offspring of +your own choice, uninfluenced and unawed, adopted upon full +investigation and mature deliberation, completely free in its +principles, in the distribution of its powers, uniting security with +energy, and containing within itself a provision for its own amendment, +has a just claim to your confidence and your support. Respect for its +authority, compliance with its laws, acquiescence in its measures, are +duties enjoined by the fundamental maxims of liberty. The basis of our +political systems is the right of the people to make and to alter their +constitutions of government; but the constitution which at any time +exists, till changed by an explicit and authentic act of the whole +people, is sacredly obligatory upon all. The very idea of the power and +the right of the people to establish government presupposes the duty of +every individual to obey the established government. + +All obstructions to the execution of the laws, all combinations and +associations, under whatever plausible character, with the real design +to direct, control, counteract, or awe the regular deliberation and +action of the constituted authorities, are destructive to this +fundamental principle, and of fatal tendency. They serve to organize +faction, to give it an artificial and extraordinary force, to put in the +place of the delegated will of the nation the will of a party--often a +small but artful and enterprising minority of the community--and, +according to the alternate triumphs of different parties, to make the +public administration the mirror of the ill-concerted and incongruous +projects of faction rather than the organ of consistent and wholesome +plans, digested by common counsels, and modified by mutual interests. + +However combinations or associations of the above description may now +and then answer popular ends, they are likely, in the course of time and +things, to become potent engines, by which cunning, ambitious, and +unprincipled men will be enabled to subvert the power of the people, and +to usurp for themselves the reins of government; destroying, afterward, +the very engine which had lifted them to unjust dominion. + +Toward the preservation of your government, and the permanency of your +present happy state, it is requisite, not only that you steadily +discountenance irregular oppositions to its acknowledged authority, but +also that you resist with care the spirit of innovation upon its +principles, however specious the pretexts. One method of assault may be +to effect, in the forms of the constitution, alterations which will +impair the energy of the system, and thus to undermine what cannot be +directly overthrown. In all the changes to which you may be invited, +remember that time and habit are at least as necessary to fix the true +character of governments as of other human institutions; that experience +is the surest standard by which to test the real tendency of the +existing constitution of a country; that facility in changes, upon the +credit of mere hypothesis and opinion, exposes to perpetual change, from +the endless variety of hypothesis and opinion; and remember, +especially, that for the efficient management of your common interests, +in a country so extensive as ours, a government of as much vigor as is +consistent with the perfect security of liberty is indispensable. +Liberty itself will find in such a government, with powers properly +distributed and adjusted, its surest guardian. It is, indeed, little +else than a name, where the government is too feeble to withstand the +enterprises of faction, to confine each member of the society within the +limits prescribed by the laws, and to maintain all in the secure and +tranquil enjoyment of the rights of person and property. + +I have already intimated to you the danger of parties in the state, with +particular reference to the founding of them on geographical +discriminations. Let me now take a more comprehensive view, and warn +you, in the most solemn manner, against the baneful effects of the +spirit of party generally. + +This spirit, unfortunately, is inseparable from our nature, having its +root in the strongest passions of the human mind. It exists, under +different shapes, in all governments, more or less stifled, controlled, +or repressed; but in those of the popular form it is seen in its +greatest rankness, and is truly their worst enemy. + +The alternate domination of one faction over another, sharpened by the +spirit of revenge, natural to party dissension, which, in different +ages and countries, has perpetrated the most horrid enormities, is +itself a frightful despotism. But this leads, at length, to a more +formal and permanent despotism. The disorders and miseries which result +gradually incline the minds of men to seek security and repose in the +absolute power of an individual; and, sooner or later, the chief of some +prevailing faction, more able or more fortunate than his competitors, +turns this disposition to the purposes of his own elevation on the ruins +of public liberty. + +Without looking forward to an extremity of this kind (which, +nevertheless, ought not to be entirely out of sight), the common and +continued mischiefs of the spirit of party are sufficient to make it the +interest and duty of a wise people to discourage and restrain it. + +It serves always to distract the public councils and enfeeble the public +administration. It agitates the community with ill-founded jealousies +and false alarms; kindles the animosity of one part against another; +foments, occasionally, riot and insurrection. It opens the door to +foreign influence and corruption, which find a facilitated access to the +government itself through the channels of party passions. Thus the +policy and the will of one country are subjected to the policy and will +of another. + +There is an opinion that parties, in free countries, are useful checks +upon the administration of the government, and serve to keep alive the +spirit of liberty. This, within certain limits, is probably true; and in +governments of a monarchial cast, patriotism may look with indulgence, +if not with favor, upon the spirit of party. But in those of the popular +character, in governments purely elective, it is a spirit not to be +encouraged. From their natural tendency, it is certain there will always +be enough of that spirit for every salutatory purpose. And there being +constant danger of excess, the effort ought to be by force of public +opinion to mitigate and assuage it. A fire not to be quenched, it +demands a uniform vigilance to prevent its bursting into a flame, lest, +instead of warming, it should consume. + +It is important, likewise, that the habits of thinking, in a free +country, should inspire caution in those intrusted with its +administration, to confine themselves within their respective +constitutional spheres, avoiding, in the exercise of the powers of one +department, to encroach upon another. The spirit of encroachment tends +to consolidate the powers of all the departments into one, and thus to +create, whatever the form of government, a real despotism. A just +estimate of that love of power and proneness to abuse it which +predominate in the human heart is sufficient to satisfy us of the truth +of this position. The necessity of reciprocal checks in the exercise of +political power, by dividing and distributing it into different +depositories, and constituting each the guardian of the public weal, +against invasion by the others, has been evinced by experiments, ancient +and modern--some of them in our own country and under our own eyes. To +preserve them must be as necessary as to institute them. 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 though this, in one instance, may +be the instrument of good, it is the customary weapon by which free +governments are destroyed. The precedent must always greatly +overbalance, in permanent evil, any partial or transient benefit which +the use can, at any time, yield. + +Of all the dispositions and habits which lead to political prosperity, +religion and morality are indispensable supports. In vain would that man +claim the tribute of patriotism who should labor to subvert these great +pillars of human happiness, these firmest props of the duties of men and +citizens. The mere politician, equally with the pious man, ought to +respect and to cherish them. A volume could not trace all their +connections with private and public felicity. Let it simply be asked, +Where is the security for property, for reputation, for life, if the +sense of religious obligation _desert_ the oaths which are the +instruments of investigation in courts of justice? And let us with +caution indulge the supposition that morality can be maintained without +religion. Whatever maybe conceded to the influence of refined education +on minds of peculiar structure, reason and experience both forbid us to +expect that national morality can prevail in exclusion of religious +principles. + +It is substantially true, that virtue or morality is a necessary spring +of popular government. The rule, indeed, extends with more or less force +to every species of free government. Who that is a sincere friend to it +can look with indifference upon attempts to shake the foundation of the +fabric? + +Promote, then, as an object of primary importance, institutions for the +general diffusion of knowledge. In proportion as a structure of a +government gives force to public opinion, it is essential that public +opinion should be enlightened. + +As a very important source of strength and security, cherish public +credit. One method of preserving it is to use it as sparingly as +possible; avoiding occasions of expense by cultivating peace, but +remembering, also, that timely disbursements to prepare for danger +frequently prevent much greater disbursements to repel it; avoiding, +likewise, the accumulation of debt, not only by shunning occasions of +expense, but by vigorous exertions in time of peace to discharge the +debts which unavoidable wars may have occasioned; not ungenerously +throwing upon posterity the burden which we ourselves ought to bear. The +execution of these maxims belongs to your representatives, but it is +necessary that public opinion should cooperate. To facilitate to them +the performance of their duty, it is essential that you should +practically bear in mind that toward the payment of debts there must be +revenue; that to have revenue there must be taxes; that no taxes can be +devised which are not more or less inconvenient and unpleasant; that the +intrinsic embarrassment inseparable from the selection of the proper +objects (which is always a choice of difficulties), ought to be a +decisive motive for a candid construction of the conduct of the +government in making it, and for a spirit of acquiescence in the +measures for obtaining revenue which the public exigencies may at any +time dictate. + +Observe good faith and justice toward all nations; cultivate peace and +harmony with all; religion and morality enjoin this conduct, and can it +be that good policy does not really enjoin it? It will be worthy of a +free, enlightened, and, at no distant period, a great nation, to give to +mankind the magnanimous and too novel example of a people always guided +by an exalted justice and benevolence. Who can doubt that, in the course +of time and things, the fruits of such a plan would richly repay any +temporary advantages which might be lost by a steady adherence to it? +Can it be that Providence has not connected the permanent felicity of a +nation with its virtue? The experiment, at least, is recommended by +every sentiment which ennobles human nature. Alas! it is rendered +impossible by its vices? + +In the execution of such a plan, nothing is more essential than that +permanent inveterate antipathies against particular nations, and +passionate attachments for others, should be excluded, and that, in +place of them, just and amicable feelings toward all should be +cultivated. The nation which indulges toward another an habitual hatred, +or an habitual fondness, is, in some degree, a slave. It is a slave to +its animosity or its affection, either of which is sufficient to lead it +astray from its duty and its interest. Antipathy in one nation against +another disposes each more readily to offer insult and injury, to lay +hold of slight causes of umbrage, and to be haughty and intractable +when accidental or trifling occasions of dispute occur. Hence, frequent +collisions, obstinate, envenomed, and bloody contests. The nation, +prompted by ill-will and resentment, sometimes impels to war the +government, contrary to the best calculations of policy. The government +sometimes participates in the national propensity, and adopts, through +passion, what reason would reject; at other times it makes the animosity +of the nation subservient to projects of hostility, instigated by pride, +ambition, and other sinister and pernicious motives. The peace often, +sometimes perhaps the liberty of nations, has been the victim. + +So, likewise, a passionate attachment of one nation to another produces +a variety of evils. Sympathy for the favorite nation, facilitating the +illusion of an imaginary common interest, in cases where no real common +interest exists, and infusing into one the enmities of the other, +betrays the former into a participation into the quarrels and wars of +the latter, without adequate inducement or justification. It leads also +to concessions to the favorite nation of privileges denied to others, +which is apt doubly to injure the nation making the concessions, by +unnecessarily parting with what ought to have been retained, and by +exciting jealousy, ill-will, and a disposition to retaliate, in the +parties from whom equal privileges are withheld; and it gives to +ambitions, corrupted, or deluded citizens (who devote themselves to the +favorite nation), facility to betray or sacrifice the interest of their +own country, without odium, sometimes even with popularity; gilding with +the appearance of a virtuous sense of obligation, a commendable +deference for public opinion, or a laudable zeal for public good, the +base or foolish compliances of ambition, corruption, or infatuation. + +As avenues to foreign influence in innumerable ways, such attachments +are particularly alarming to the truly enlightened and independent +patriot. How many opportunities do they afford to tamper with domestic +factions, to practice the art of seduction, to mislead public opinion, +to influence or awe the public councils! Such an attachment of a small +or weak toward a great and powerful nation dooms the former to be the +satellite of the latter. + +Against the insidious wiles of foreign influence (I conjure you to +believe me, fellow-citizens) the jealousy of a free people ought to be +_constantly_ awake, since history and experience prove that foreign +influence is one of the most baneful foes of republican government. But +that jealousy, to be useful, must be impartial, else it becomes the +instrument of the very influence to be avoided, instead of a defense +against it. Excessive partiality for one foreign nation, and excessive +dislike for another, cause those whom they actuate to see danger only on +one side, and serve to vail, and even second, the arts of influence on +the other. Real patriots, who may resist the intrigues of the favorite, +are liable to become suspected and odious, while its tools and dupes +usurp the applause and confidence of the people, to surrender their +interests. + +The great rule of conduct for us, in regard to foreign nations, is, in +extending our commercial relations, to have with them as little +political connection as possible. So far as we have already formed +engagements, let them be fulfilled with perfect good faith. Here let us +stop. + +Europe has set a of primary interests, which to us have none or a very +remote relation. Hence she must be engaged in frequent controversies, +the causes of which are essentially foreign to our concerns. Hence, +therefore, it must be unwise in us to implicate ourselves, by artificial +ties, in the ordinary vicissitudes of her politics, or the ordinary +combinations and collisions of her friendships or enmities. + +Our detached and distant situation invites and enables us to pursue a +different course. If we remain one people, under an efficient +government, the period is not far off when we may defy material injury +from external annoyance, when we may take such an attitude as will cause +the neutrality we may at any time resolve upon to be scrupulously +respected--when belligerent nations, under the impossibility of making +acquisitions upon us, will not lightly hazard the giving us +provocation--when we may choose peace or war, as our interest, guided by +justice, shall counsel. + +Why forego the advantages of so peculiar a situation? Why quit our own +to stand upon foreign ground? Why, by interweaving our destiny with that +of any part of Europe, entangle our peace and prosperity in the toils of +European ambition, rivalship, interest, humor, or caprice? + +It is our true policy to steer clear of permanent alliances with any +portion of the foreign world; so far, I mean, as we are now at liberty +to do it; for let me not be understood as capable of patronizing +infidelity to existing engagements. I hold the maxim no less applicable +to public than to private affairs, that honesty is always the best +policy. I repeat it, therefore, let those engagements be observed in +their genuine sense. But, in my opinion, it is unnecessary, and would be +unwise, to extend them. + +Taking care always to keep ourselves, by suitable establishments, on a +respectable defensive posture, we may safely trust to temporary +alliances for extraordinary emergencies. + +Harmony, and a liberal intercourse with all nations, are recommended by +policy, humanity, and interest. But even our commercial policy should +hold an equal and impartial hand; neither seeking nor granting exclusive +favors or preferences; consulting the natural course of things; +diffusing and diversifying, by gentle means, the streams of commerce, +but forcing nothing; establishing, with powers so disposed, in order to +give trade a stable course, to define the rights of our merchants, and +to enable the government to support them, conventional rules of +intercourse, the best that present circumstances and mutual opinions +will permit, but temporary, and liable to be, from time to time, +abandoned or varied, as experience and circumstances shall dictate; +constantly keeping in view that it is folly in one nation to look for +disinterested favors from another; that it must pay, with a portion of +its independence, for whatever it may accept under that character; that +by such acceptance it may place itself in the condition of having given +equivalents for nominal favors, and yet of being reproached with +ingratitude for not giving more. There can be no greater error than to +expect, or calculate upon, real favors from nation to nation, It is an +illusion which experience must cure, which a just pride ought to +discard. + +In offering to you, my countrymen, these counsels of an old and +affectionate friend, I dare not hope they will make the strong and +lasting impression I could wish--that they will control the usual +current of the passions, or prevent our nation from running the course +which has hitherto marked the destiny of nations; but if I may even +flatter myself that they may be productive of some partial benefit, some +occasional good, that they may now and then recur to moderate the fury +of party spirit, to warn against the mischiefs of foreign intrigues, to +guard against the impostures of pretended patriotism--this hope will be +a full recompense for the solicitude for your welfare by which they have +been dictated. + +How far, in the discharge of my official duties, I have been guided by +the principles which have been delineated, the public records, and other +evidences of my conduct, must witness to you and the world. To myself, +the assurance of my own conscience is, that I have at least believed +myself to be guided by them. + +In relation to the still subsisting war in Europe, my proclamation of +the 22d of April, 1793, is the index to my plan. Sanctioned by your +approving voice, and by that of your representatives in both Houses of +Congress, the spirit of that measure has continually governed me, +uninfluenced by any attempts to deter or divert me from it. + +After deliberate examination, with the aid of the best lights I could +obtain, I was well satisfied that our country, under all the +circumstances of the case, had a right to take, and was bound in duty +and interest to take, a neutral position. Having taken it, I determined, +as far as should depend upon me, to maintain it with moderation, +perseverance, and firmness. + +The considerations which respect the right to hold this conduct, it is +not necessary on this occasion to detail. I will only observe that, +according to my understanding of the matter, that right, so far from +being denied by any of the belligerent powers, has been virtually +admitted by all. + +The duty of holding a neutral conduct may be inferred, without anything +more, from the obligation which justice and humanity impose on every +nation, in cases in which it is free to act, to maintain inviolate the +relations of peace and amity toward other nations. + +The inducements of interest, for observing that conduct, will be best +referred to your own reflections and experience. With me, a predominant +motive has been to endeavor to gain time to our country to settle and +mature its yet recent institutions, and to progress, without +interruption, to that degree of strength and consistency which is +necessary to give it, humanly speaking, the command of its own fortunes. + +Though, in reviewing the incidents of my administration, I am +unconscious of intentional error, I am, nevertheless, too sensible of my +defects not to think it probable that I may have committed many errors. +Whatever they may be, I fervently beseech the Almighty to avert or +mitigate the evils to which they may tend. I shall also carry with me +the hope that my country will never cease to view them with indulgence, +and that, after forty-five years of my life dedicated to its service +with an upright zeal, the faults of incompetent abilities will be +consigned to oblivion, as myself must soon be to the mansions of rest. + +Relying on its kindness in this, as in other things, and actuated by +that fervent love toward it which is so natural to a man who views in it +the native soil of himself and his progenitors for several generations, +I anticipate, with pleasing expectation, that retreat in which I promise +myself to realize, without alloy, the sweet enjoyment of partaking, in +the midst of my fellow-citizens, the benign influence of good laws under +a free government--the ever favorite object of my heart--and the happy +reward, as I trust, of our mutual cares, labors, and dangers. + +GEORGE WASHINGTON. + +UNITED STATES, _17th September, 1796_. + + + + +PRESIDENT JACKSON'S PROCLAMATION, + +ISSUED IN 1832, WHEN SOUTH CAROLINA UNDERTOOK TO ANNUL THE FEDERAL +REVENUE LAW. + + +Whereas a convention, assembled in the State of South Carolina, have +passed an ordinance, by which they declare "that the several acts and +parts of acts of the Congress of the United States, purporting to be +laws for the imposing of duties and imposts on the importation of +foreign commodities, and now having actual operation and effect within +the United States, and more especially 'two acts for the same purposes, +passed on the 29th of May, 1828, and on the 14th of July, 1832,' are +unauthorized by the Constitution of the United States, and violate the +true meaning and intent thereof, and are null and void, and no law," nor +binding on the citizens of that State or its officers; and by the said +ordinance it is further declared to be unlawful for any of the +constituted authorities of the State, or of the United States, to +enforce the payment of the duties imposed by the said acts within the +same State, and that it is the duty of the legislature to pass such laws +as may be necessary to give full effect to the said ordinances: + +And whereas, by the said ordinance it is further ordained, that, in no +case of law or equity, decided in the courts of said State, wherein +shall be drawn in question the validity of the said ordinance, or of the +acts of the legislature that may be passed to give it effect, or of the +said laws of the United States, no appeal shall be allowed to the +Supreme Court of the United States, nor shall any copy of the record be +permitted or allowed for that purpose; and that any person attempting to +take such appeal, shall be punished as for a contempt of court: + +And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every hazard; and that they +will consider the passage of any act by Congress abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress +or egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistent with the longer +continuance of South Carolina in the Union; and that the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign +and independent States may of right do: + +And whereas the said ordinance prescribes to the people of South +Carolina a course of conduct in direct violation of their duty as +citizens of the United States, contrary to the laws of their country, +subversive of its Constitution, and having for its object the +destruction of the Union--that Union, which, coeval with our political +existence, led our fathers, without any other ties to unite them than +those of patriotism and common cause, through a sanguinary struggle to a +glorious independence--that sacred Union, hitherto, inviolate, which, +perfected by our happy Constitution, has brought us, by the favor of +Heaven, to a state of prosperity at home, and high consideration abroad, +rarely, if ever, equaled in the history of nations; to preserve this +bond of our political existence from destruction, to maintain inviolate +this state of national honor and prosperity, and to justify the +confidence my fellow-citizens have reposed in me, I, Andrew Jackson, +President of the United States, have thought proper to issue this, my +PROCLAMATION, stating my views of the Constitution and laws applicable +to the measures adopted by the Convention of South Carolina, and to the +reasons they have put forth to sustain them, declaring the course which +duty will require me to pursue, and, appealing to the understanding and +patriotism of the people, warn them of the consequences that must +inevitably result from an observance of the dictates of the Convention. + +Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be, invested, for +preserving the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of +the United States must all feel in preventing a resort to stronger +measures, while there is a hope that anything will be yielded to +reasoning and remonstrances, perhaps demand, and will certainly justify, +a full exposition to South Carolina and the nation of the views I +entertain of this important question, as well as a distinct enunciation +of the course which my sense of duty will require me to pursue. + +The ordinance is founded, not on the indefeasible right of resisting +acts which are plainly unconstitutional, and too oppressive to be +endured, but on the strange position that any one State may not only +declare an act of Congress void, but prohibit its execution--that they +may do this consistently with the Constitution--that the true +construction of that instrument permits a State to retain its place in +the Union, and yet be bound by no other of its laws than those it may +choose to consider as constitutional. It is true they add, that, to +justify this abrogation of a law, it must be palpably contrary to the +Constitution; but it is evident, that to give the right of resisting +laws of that description, coupled with the uncontrolled right to decide +what laws deserve that character, is to give the power of resisting all +laws. For, as by the theory, there is no appeal, the reasons alleged by +the State, good or bad, must prevail. If it should be said that public +opinion is a sufficient check against the abuse of this power, it may be +asked why is it not deemed a sufficient guard against the passage of an +unconstitutional act by Congress. There is, however, a restraint in this +last case, which makes the assumed power of a State more indefensible, +and which does not exist in the other. There are two appeals from an +unconstitutional act passed by Congress--one to the judiciary, the other +to the people and the States. There is no appeal from the State decision +in theory; and the practical illustration shows that the courts are +closed against an application to review it, both judges and jurors +being sworn to decide in its favor. But reasoning on this subject is +superfluous, when our social compact in express terms declares, that the +laws of the United States, its Constitution, and treaties made under it, +are the supreme law of the land; and for greater caution adds, "that the +judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." And +it may be asserted, without fear of refutation, that no federative +government could exist without a similar provision. Look, for a moment, +to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat that +an unconstitutional law is no law, so long as the question of its +legality is to be decided by the State itself; for every law operating +injuriously upon any local interest will be perhaps thought, and +certainly represented, as unconstitutional, and, as has been shown, +there is no appeal. + +If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the Eastern States, the carriage tax +in Virginia, were all deemed unconstitutional, and were more unequal in +their operation than any of the laws now complained of; but, +fortunately, none of those States discovered that they had the right now +claimed by South Carolina. The war into which we were forced, to support +the dignity of the nation and the rights of our citizens, might have +ended in defeat and disgrace, instead of victory and honor, if the +States, who supposed it a ruinous and unconstitutional measure, had +thought they possessed the right of nullifying the act by which it was +declared, and denying supplies for its prosecution. Hardly and unequally +as those measures bore upon several members of the Union, to the +legislatures of none did this efficient and peaceable remedy, as it is +called, suggest itself. The discovery of this important feature in our +Constitution was reserved to the present day. To the statesmen of South +Carolina belongs the invention, and upon the citizens of that State +will, unfortunately, fall the evils of reducing it to practice. + +If the doctrine of a State veto upon the laws of the Union carries with +it internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been +repudiated with indignation had it been proposed to form a feature in +our government. + +In our colonial state, although dependent on another power, we very +early considered ourselves as connected by common interest with each +other. Leagues were formed for common defense, and before the +Declaration of Independence, we were known in our aggregate character as +the United Colonies of America. That decisive and important step was +taken jointly. We declared ourselves a nation by a joint, not by several +acts; and when the terms of our confederation were reduced to form, it +was in that of a solemn league of several States, by which they agreed +that they would, collectively, form one nation, for the purpose of +conducting some certain domestic concerns, and all foreign relations. In +the instrument forming that Union, is found an article which declares +that "every State shall abide by the determinations of Congress on all +questions which by that Confederation should be submitted to them." + +Under the Confederation, then, no State could legally annul a decision +of the Congress, or refuse to submit to its execution; but no provision +was made to enforce these decisions. Congress made requisitions, but +they were not complied with. The government could not operate on +individuals. They had no judiciary, no means of collecting revenue. + +But the defects of the Confederation need not be detailed. Under its +operation we could scarcely be called a nation. We had neither +prosperity at home nor consideration abroad. This state of things could +not be endured, and our present happy Constitution was formed, but +formed in vain, if this fatal doctrine prevails. It was formed for +important objects that are announced in the preamble made in the name +and by the authority of the people of the United States, whose delegates +framed, and whose conventions approved, it. + +The most important among these objects, that which is placed first in +rank, on which all the others rest, is "_to form a more perfect Union_." +Now, it is possible that, even if there were no express provision giving +supremacy to the Constitution and laws of the United States over those +of the States, it can be conceived that an instrument made for the +purpose of "_forming a more perfect Union_" than that of the +Confederation, could be so constructed by the assembled wisdom of our +country as to substitute for that confederation a form of government, +dependent for its existence on the local interest, the party spirit of a +State, or of a prevailing faction in a State? Every man, of plain, +unsophisticated understanding, who hears the question, will give such an +answer as will preserve the Union. Metaphysical subtlety, in pursuit of +an impracticable theory, could alone have devised one that is calculated +to destroy it. + +I consider, then, the power to annul a law of the United States, +assumed by one State, _incompatible with the existence of the Union, +contradicted expressly by the letter of the Constitution, unauthorized +by its spirit, inconsistent with every principle on which it was +founded, and destructive of the great object for which it was formed_. + +After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance. + +The preamble rests its justification on these grounds: It assumes as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +Constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first actually +acknowledges that the law in question was passed under power expressly +given by the Constitution, to lay and collect imposts; but its +constitutionality is drawn in question from the motives of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make that law void; for how +is that purpose to be ascertained? Who is to make the scrutiny? How +often may bad purposes be falsely imputed? In how many cases are they +concealed by false professions? In how many is no declaration of motive +made? Admit this doctrine, and you give to the States an uncontrolled +right to decide, and every law may be annulled under this pretext. If, +therefore, the absurd and dangerous doctrine should be admitted, that a +State may annul an unconstitutional law, or one that it deems such, it +will not apply to the present case. + +The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then, indeed, is the federal +Constitution unworthy of the slightest efforts for its preservation. We +have hitherto relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet-anchor of our safety, in the stormy times +of conflict with a foreign or domestic foe. We have looked to it with +sacred awe as the palladium of our liberties, and with all the +solemnities of religion have pledged to each other our lives and +fortunes here, and our hopes of happiness hereafter, in its defense and +support. Were we mistaken, my countrymen, in attaching this importance +to the Constitution of our country? Was our devotion paid to the +wretched, inefficient, clumsy contrivance, which this new doctrine would +make it? Did we pledge ourselves to the support of an airy nothing--a +bubble that must be blown away by the first breath of disaffection? Was +this self-destroying, visionary theory the work of the profound +statesmen, the exalted patriots, to whom the task of constitutional +reform was intrusted? Did the name of Washington sanction, did the +States deliberately ratify, such an anomaly in the history of +fundamental legislation? No. We were not mistaken. The letter of this +great instrument is free from this radical fault; its language directly +contradicts the imputation; its spirit, its evident intent, contradicts +it. No, we did not err. Our Constitution does not contain the absurdity +of giving power to make laws, and another power to resist them. The +sages, whose memory will always be reverenced, have given us a +practical, and, as they hoped, a permanent constitutional compact. The +Father of his Country did not affix his revered name to so palpable an +absurdity. Nor did the States, when they severally ratified it, do so +under the impression that a veto on the laws of the United States was +reserved to them, or that they could exercise it by application. Search +the debates in all their conventions--examine the speeches of the most +zealous opposers of federal authority--look at the amendments that were +proposed. They are all silent--not a syllable uttered, not a vote given, +not a motion made, to correct the explicit supremacy given to the laws +of the Union over those of the States, or to show that implication, as +is now contended, could defeat it. No, we have not erred! The +Constitution is still the object of our reverence, the bond of our +union, our defense in danger, the source of our prosperity in peace. It +shall descend, as we have received it, uncorrupted by sophistical +construction, to our posterity; and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it +into existence, will again be patriotically offered for its support. + +The two remaining objections made by the ordinance to these laws are, +that the sums intended to be raised by them are greater than are +required, and that the proceeds will be unconstitutionally employed. The +Constitution has given expressly to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than +that which results from the power of changing the representatives who +abuse it, and thus procure redress. Congress may undoubtedly abuse this +discretionary power, but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution +has given it to the representatives of all the people, checked by the +representatives of the States, and by the executive power. The South +Carolina construction gives it to the legislature, or the convention of +a single State, where neither the people of the different States, nor +the States in their separate capacity, nor the chief magistrate elected +by the people, have any representation. Which is the most discreet +disposition of the power? I do not ask you, fellow-citizens, which is +the constitutional disposition--that instrument speaks a language not to +be misunderstood. But if you were assembled in general convention, which +would you think the safest depository of this discretionary power in the +last resort? Would you add a clause giving it to each of the States, or +would you sanction the wise provisions already made by your +Constitution? If this should be the result of your deliberations when +providing for the future, are you--can you--- be ready to risk all that +we hold dear, to establish, for a temporary and a local purpose, that +which you must acknowledge to be destructive, and even absurd, as a +general provision? Carry out the consequences of this right vested in +the different States, and you must perceive that the crisis your conduct +presents at this day would recur whenever any law of the United States +displeased any of the States, and that we should soon cease to be a +nation. + +The ordinance, with the same knowledge of the future that characterizes +a former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely can not be urged against the laws +levying the duty. + +These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens--judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, +how far they justify the reckless, destructive course which you are +directed to pursue. Review these objections, and the conclusions drawn +from them once more. What are they? Every law, then, for raising +revenue, according to the South Carolina ordinance, may be rightfully +annulled, unless it be so framed as no law ever will or can be framed. +Congress have a right to pass laws for raising revenue, and each State +has a right to oppose their execution--two rights directly opposed to +each other; and yet is this absurdity supposed to be contained in an +instrument drawn for the express purpose of avoiding collisions between +the States and the general government, by an assembly of the most +enlightened statesmen and purest patriots ever embodied for a similar +purpose. + +In vain have these sages declared that Congress shall have power to lay +and collect taxes, duties, imposts, and excises--in vain have they +provided that they shall have power to pass laws which shall be +necessary and proper to carry those powers into execution, that those +laws and that Constitution shall be the "supreme law of the land; and +that the judges in every State shall be bound thereby, anything in the +constitution or laws of any State to the contrary notwithstanding." In +vain have the people of the several States solemnly sanctioned these +provisions, made them their paramount law, and individually sworn to +support them whenever they were called on to execute any office. + +Vain provisions! Ineffectual restrictions! Vile profanation of oaths! +Miserable mockery of legislation! If a bare majority of the voters in +any one State may, on a real or supposed knowledge of the intent with +which a law has been passed, declare themselves free from its +operation--say here it gives too little, there too much, and operates +unequally--here it suffers articles to be free that ought to be taxed, +there it taxes those that ought to be free--in this case the proceeds +are intended to be applied to purposes which we do not approve, in that +the amount raised is more than is wanted. Congress, it is true, are +invested by the Constitution with the right of deciding these questions +according to their sound discretion. Congress is composed of the +representatives of all the States, and of all the people of all the +States; but WE, part of the people of one State, to whom the +Constitution has given no power on the subject, from whom it has +expressly taken it away--_we_, who have solemnly agreed that this +Constitution shall be our law--_we_, most of whom have sworn to support +it--_we_ now abrogate this law, and swear, and force others to swear, +that it shall not be obeyed--and we do this, not because Congress have +no right to pass such laws; this we do not allege; but because they +have passed them with improper views. They are unconstitutional from the +motives of those who pass them, which we can never with certainty know, +from their unequal operation; although it is impossible from the nature +of things that they should be equal--and from the disposition which we +presume may be made of their proceeds, although that disposition has not +been declared. This is the plain meaning of the ordinance in relation to +laws which it abrogates for alleged unconstitutionality. But it does not +stop here. It repeals, in express terms, an important part of the +Constitution itself, and of laws passed to give it effect, which have +never been alleged to be unconstitutional. The Constitution declares +that the judicial powers of the United States extend to cases arising +under the laws of the United States, and that such laws the Constitution +and treaties shall be paramount to the State constitutions and laws. The +judiciary act prescribes the mode by which the case may be brought +before a court of the United States, by appeal, when a State tribunal +shall decide against this provision of the Constitution. The ordinance +declares there shall be no appeal; makes the State law paramount to the +Constitution and laws of the United States; forces judges and jurors to +swear that they will disregard their provisions; and even makes it penal +in a suitor to attempt relief by appeal. It further declares that it +shall not be lawful for the authorities of the United States, or of that +State, to enforce the payment of duties imposed by the revenue laws +within its limits. + +Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the Constitution which +is solemnly abrogated by the same authority. + +On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws of which it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is +made to execute them. + +This right to secede is deduced from the nature of the Constitution, +which they say is a compact between sovereign States, who have preserved +their whole sovereignty, and therefore are subject to no superior; that +because they made the compact, they can break it when in their opinion +it has been departed from by the other States. Fallacious as this course +of reasoning is, it enlists State pride, and finds advocates in the +honest prejudices of those who have not studied the nature of our +government sufficiently to see the radical error on which it rests. + +The people of the United States formed the Constitution, acting through +the State legislatures, in making the compact, to meet and discuss its +provisions, and acting in separate conventions when they ratified those +provisions; but the term used in its construction show it to be a +government in which the people of all the States collectively are +represented. We are ONE PEOPLE in the choice of the President and +Vice-President. Here the States have no other agency than to direct the +mode in which the votes shall be given. The candidates having the +majority of all the votes are chosen. The electors of a majority of +States may have given their votes for one candidate, and yet another may +be chosen. The people then, and not the States, are represented in the +executive branch. + +In the House of Representatives there is this difference, that the +people of one State do not, as in the case of President and +Vice-President, all vote for all the members, each State electing only +its own representatives. But this creates no material distinction. When +chosen, they are all representatives of the United States, not +representatives of the particular State from which they come. They are +paid by the United States, not by the State; nor are they accountable to +it for any act done in performance of their legislative functions; and +however they may in practice, as it is their duty to do, consult and +prefer the interests of their particular constituents when they come in +conflict with any other partial or local interest, yet it is their first +and highest duty, as representatives of the United States, to promote +the general good. + +The Constitution of the United States, then, forms a _government_, not a +league, and whether it be formed by compact between the States, or in +any other manner, its character is the same. It is a government in which +all the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers as +to constitute jointly with the other States a single nation, can not +from that period possess any right to secede, because such secession +does not break a league, but destroys the unity of a nation, and any +injury to that unity is not only a breach which would result from the +contravention of a compact, but it is an offense against the whole +Union. To say that any State may at pleasure secede from the Union, is +to say that the United States is not a nation; because it would be a +solecism to contend that any part of a nation might dissolve its +connection with the other parts, to their injury or ruin, without +committing any offense. Secession, like any other revolutionary act, may +be morally justified by the extremity of oppression; but to call it a +constitutional right, is confounding the meaning of terms, and can only +be done through gross error, or to deceive those who are willing to +assert a right, but would pause before they made a revolution, or incur +the penalties consequent upon a failure. + +Because the Union was formed by compact, it is said the parties to that +compact may, when they feel aggrieved, depart from it; but it is +precisely because it is a compact that they cannot. A contract is an +agreement or binding obligation. It may by its terms have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it +may be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations, generally, has no sanction other +than a moral one; or if it should contain a penalty, as there is no +common superior, it cannot be enforced. A government, on the contrary, +always has a sanction, express or implied; and, in our case, it is both +necessarily implied and expressly given. An attempt by force of arms to +destroy a government is an offense, by whatever means the constitutional +compact may have been formed; and such government has the right, by the +law of self-defense, to pass acts for punishing the offender, unless +that right is modified, restrained, or resumed by the constitutional +act. In our system, although it is modified in the case of treason, yet +authority is expressly given to pass all laws necessary to carry its +powers into effect, and under this grant provision has been made for +punishing acts which obstruct the due administration of the laws. + +It would seem superfluous to add anything to show the nature of that +union which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must +give some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States than the magistrate who now addresses you. No one would make +greater personal sacrifices, or official exertions, to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of, the rights they have +vested in the nation. The line has not been so distinctly drawn as to +avoid doubts in some cases of the exercise of power. Men of the best +intentions and soundest views may differ in their construction of some +parts of the Constitution; but there are others on which dispassionate +reflection can leave no doubt. Of this nature appears to be the assumed +right of secession. It rests, as we have seen, on the alleged and +undivided sovereignty of the States, and of their having formed in this +sovereign capacity a compact which is called the Constitution, from +which, because they made it, they have the right to secede. Both of +these positions are erroneous, and some of the arguments to prove them +so have been anticipated. + +The States severally have not retained their entire sovereignty. It has +been shown that in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make treaties, declare war, levy taxes, exercise judicial and +legislative powers, were all functions of sovereign power. The States, +then, for all these important purposes, were no longer sovereign. The +allegiance of their citizens was transferred in the first instance to +the government of the United States; they became American citizens, and +owed obedience to the Constitution of the United States, and to laws +made in conformity with the powers vested in Congress. This last +position has not been, and can not be, denied. How, then, can that State +be said to be sovereign and independent whose citizens owe obedience to +laws not made by it, and whose magistrates are sworn to disregard those +laws, when they come in conflict with those passed by another? What +shows conclusively that the States can not be said to have reserved an +undivided sovereignty, is that they expressly ceded the right to punish +treason--not treason against a separate power, but treason against the +United States. Treason is an offense against _sovereignty_, and +sovereignty must reside with the power to punish it. But the reserved +rights of the States are not less sacred because they have for their +common interest made the general government the depository of these +powers. The unity of our political character (as has been shown for +another purpose) commenced with its very existence. Under the royal +government we had no separate character; our opposition to its +oppression began as UNITED COLONIES. We were the UNITED STATES under the +Confederation, and the name was perpetuated and the Union rendered more +perfect by the federal Constitution. In none of these stages did we +consider ourselves in any other light than as forming one nation. +Treaties and alliances were made in the name of all. Troops were raised +for the joint defense. How, then, with all these proofs, that under all +changes of our position we had, for designated purposes and with defined +powers, created national governments--how is it that the most perfect of +these several modes of union should now be considered as a mere league +that may be dissolved at pleasure? It is from an abuse of terms. Compact +is used as synonymous with league, although the true term is not +employed, because it would at once show the fallacy of the reasoning. It +would not do to say that our Constitution was only a league, but it is +labored to prove it a compact (which, in one sense, it is), and then to +argue that as a league is a compact, every compact between nations must, +of course, be a league, and that from such an engagement every sovereign +power has a right to recede. But it has been shown that in this sense +the States are not sovereign, and that even if they were, and the +national Constitution had been formed by compact, there would be no +right in any one State to exonerate itself from the obligation. + +So obvious are the reasons which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit +of all. It was produced by mutual sacrifice of interest and opinions. +Can those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the West, recall the +grant? Will the inhabitants of the inland States agree to pay the duties +that may be imposed without their assent by those on the Atlantic or the +Gulf, for their own benefit? Shall there be a free port in one State, +and enormous duties in another? No one believes that any right exists in +a single State to involve all the others in these and countless other +evils, contrary to engagements solemnly made. Every one must see that +the other States, in self-defense, must oppose it at all hazards. + +These are the alternatives that are presented by the convention: A +repeal of all the acts for raising revenue, leaving the government +without the means of support; or an acquiesce in the dissolution of our +Union by the secession of one of its members. When the first was +proposed, it was known that it could not be listened to for a moment. It +was known if force was applied to oppose the execution of the laws, that +it must be repelled by force--that Congress could not, without involving +itself in disgrace and the country in ruin, accede to the proposition; +and yet if this is not done in a given day, or if any attempt is made to +execute the laws, the State is, by the ordinance, declared to be out of +the Union. The majority of a convention assembled for the purpose have +dictated these terms, or rather this rejection of all terms, in the name +of the people of South Carolina. It is true that the governor of the +State speaks of the submission of their grievances to a convention of +all the States; which, he says, they "sincerely and anxiously seek and +desire." Yet this obvious and constitutional mode of obtaining the +sense of the other States on the construction of the federal compact, +and amending it, if necessary, has never been attempted by those who +have urged the State on to this destructive measure. The State might +have proposed a call for a general convention to the other States, and +Congress, if a sufficient number of them concurred, must have called it. +But the first magistrate of South Carolina, when he expressed a hope +that, "on a review by Congress and the functionaries of the general +government of the merits of the controversy," such a convention will be +accorded to them, must have known that neither Congress, nor any +functionary in the general government, has authority to call such a +convention, unless it be demanded by two-thirds of the States. This +suggestion, then, is another instance of the reckless inattention to the +provisions of the Constitution with which this crisis has been madly +hurried on; or of the attempt to persuade the people that a +constitutional remedy has been sought and refused. If the legislature of +South Carolina "anxiously desire" a general convention to consider their +complaints, why have they not made application for it in the way the +Constitution points out? The assertion that they "earnestly seek" it is +completely negatived by the omission. + +This, then is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +convention; that convention has ordained that all the revenue laws of +the United States must be repealed, or that they are no longer a member +of the Union. The governor of that State has recommended to the +legislature the raising of an army to carry the secession into effect, +and that he may be empowered to give clearances to vessels in the name +of the State. No act of violent opposition to the laws has yet been +committed, but such a state of things is hourly apprehended, and it is +the intent of this instrument to PROCLAIM, not only that the duty +imposed on me by the Constitution, "to take care that the laws be +faithfully executed," shall be performed to the extent of the powers +already vested in me by law, or of such others as the wisdom of Congress +shall devise and intrust to me for that purpose; but to warn the +citizens of South Carolina, who have been deluded into an opposition to +the laws, of the danger they will incur by obedience to the illegal and +disorganizing ordinance of the convention--to exhort those who have +refused to support it to persevere in their determination to uphold the +Constitution and laws of their country, and to point out to all the +perilous situation into which the good people of that State have been +led, and that the course they are urged to pursue is one of ruin and +disgrace to the very State whose rights they effect to support. + +Fellow-citizens of my native State! let me not only admonish you, as the +first magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom +he saw rushing to a certain ruin. In that paternal language, with that +paternal feeling, let me tell you, my countrymen, that you are deluded +by men who are either deceived themselves or wish to deceive you. Mark +under what pretenses you have been led on to the brink of insurrection +and treason on which you stand! First a diminution of the value of our +staple commodity, lowered by over-production in other quarters and the +consequent diminution in the value of your lands, were the sole effect +of the tariff laws. The effect of those laws was confessedly injurious, +but the evil was greatly exaggerated by the unfounded theory you were +taught to believe, that its burdens were in proportion to your exports, +not to your consumption of imported articles. Your pride was roused by +the assertions that a submission to these laws was a state of vassalage, +and that resistance to them was equal, in patriotic merit, to the +opposition our fathers offered to the oppressive laws of Great Britain. +You were told that this opposition might be peaceably--might be +constitutionally made--that you might enjoy all the advantages of the +Union and bear none of its burdens. Eloquent appeals to your passions, +to your State pride, to your native courage, to your sense of real +injury, were used to prepare you for the period when the mask which +concealed the hideous features of DISUNION should be taken off. It fell, +and you were made to look with complacency on objects which not long +since you would have regarded with horror. Look back to the arts which +have brought you to this state--look forward to the consequences to +which it must inevitably lead! Look back to what was first told you as +an inducement to enter into this dangerous course. The great political +truth was repeated to you that you had the revolutionary right of +resisting all laws that were palpably unconstitutional and intolerably +oppressive--it was added that the right to nullify a law rested on the +same principle, but that it was a peaceable remedy! This character which +was given to it, made you receive with too much confidence the +assertions that were made of the unconstitutionality of the law and its +oppressive effects. Mark, my fellow-citizens, that by the admission of +your leaders the unconstitutionality must be _palpable_, or it will +justify either resistance or nullification! What is the meaning of the +word _palpable_ in the sense in which it is here used?--that which is +apparent to every one, that which no man of ordinary intellect will fail +to perceive. Is the unconstitutionality of these laws of that +description? Let those among your leaders who once approved and +advocated the principles of protective duties, answer the question; and +let them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon our confidence and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to +you. They are not champions of liberty emulating the fame of our +Revolutionary fathers, nor are you an oppressed people, contending, as +they repeat to you, against worse than colonial vassalage. You are free +members of a flourishing and happy Union. There is no settled design to +oppress you. You have, indeed, felt the unequal operation of laws which +may have been unwisely, not unconstitutionally passed; but that +inequality must necessarily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion has commenced. The nearly approaching payment of the +public debt, and the consequent necessity of a diminution of duties, had +already caused a considerable reduction, and that, too, on some articles +of general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further +alleviation of your burdens was to be expected, at the very time when +the condition of the country imperiously demanded such a modification of +the duties as should reduce them to a just and equitable scale. But, as +apprehensive of the effect of this change in allaying your discontents, +you were precipitated into a fearful state in which you now find +yourselves. + +I have urged you to look back to the means that were used to hurry you +on to the position you have now assumed, and forward to the consequences +it will produce. Something more is necessary. Contemplate the condition +of that country of which you still form an important part; consider its +government uniting in one bond of common interest and general protection +so many different States--giving to all their inhabitants the proud +title of AMERICAN CITIZENS--protecting their commerce--securing their +literature and arts--facilitating their intercommunication--defending +their frontiers--and making their name respected in the remotest parts +of the earth! Consider the extent of its territory, its increasing and +happy population, its advance in arts, which render life agreeable, and +the sciences which elevate the mind! See education spreading the lights +of religion, morality, and general information into every cottage in +this wide extent of our Territories and States! Behold it as the asylum +where the wretched and the oppressed find a refuge and support! Look on +this picture of happiness and honor, and say, WE, TOO, ARE CITIZENS OF +AMERICA--Carolina is one of these proud States her arms have +defended--her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will +dissolve--this picture of peace and prosperity we will deface--this free +intercourse we will interrupt--these fertile fields we will deluge with +blood--the protection of that glorious flag we renounce--the very name +of Americans we discard. And for what, mistaken men! For what do you +throw away these inestimable blessings--for what would you exchange your +share in the advantages and honor of the Union? For the dream of a +separate independence--a dream interrupted by bloody conflicts with your +neighbors, and a vile dependence on a foreign power. If your leaders +could succeed in establishing a separation, what would be your +situation? Are you united at home--are you free from the apprehension +of civil discord, with all its fearful consequences? Do our neighboring +republics, every day suffering some new revolution or contending with +some new insurrection--do they excite your envy? But the dictates of a +high duty oblige me solemnly to announce that you can not succeed. The +laws of the United States must be executed. I have no discretionary +power on the subject--my duty is emphatically pronounced in the +Constitution. Those who told you that you might peaceably prevent their +execution, deceived you--they could not have been deceived themselves. +They know that a forcible opposition could alone prevent the execution +of the laws, and they know that such opposition must be repelled. Their +object is disunion; but be not deceived by names; disunion, by armed +force, is TREASON. Are you really ready to incur this guilt? If you are, +on the head of the instigators of the act be the dreadful +consequences--on their heads be the dishonor, but on yours may fall the +punishment--on your unhappy State will inevitably fall all the evils of +the conflict you force upon the government of your country. It cannot +accede to the mad project of disunion of which you would be the first +victims--its first magistrate can not, if he would, avoid the +performance of his duty--the consequence must be fearful for you, +distressing to your fellow-citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal--it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumpters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union to +support which so many of them fought and bled and died. I adjure you, as +you honor their memory--as you love the cause of freedom, to which they +dedicated their lives--as you prize the peace of your country, the lives +of its best citizens, and your own fair fame, to retrace your steps. +Snatch from the archives of your State the disorganizing edict of its +convention--bid its members to re-assemble and promulgate the decided +expressions of your will to remain in the path which alone can conduct +you to safety, prosperity, and honor--tell them that compared to +disunion, all other evils are light, because that brings with it an +accumulation of all--declare that you will never take the field unless +the star-spangled banner of your country shall float over you--that you +will not be stigmatized when dead, and dishonored and scorned while you +live, as the authors of the first attack on the Constitution of your +country!--its destroyers you can not be. You may disturb its peace--you +may interrupt the course of its prosperity--you may cloud its reputation +for stability--but its tranquillity will be restored, its prosperity +will return, and the stain upon its national character will be +transferred and remain an eternal blot on the memory of those who caused +the disorder. + +Fellow-citizens of the United States! The threat of unhallowed +disunion--the names of those, once respected, by whom it is uttered--the +array of military force to support it--denote the approach of a crisis +in our affairs on which the continuance of our unexampled prosperity, +our political existence, and perhaps that of all free governments, may +depend. The conjecture demanded a free, a full, and explicit +enunciation, not only of my intentions, but of my principles of action; +and as the claim was asserted of a right by a State to annul the laws of +the Union, and even to secede from it at pleasure, a frank exposition of +my opinions in relation to the origin and form of our government, and +the construction I give to the instrument by which it was created, +seemed to be proper. Having the fullest confidence in the justness of +the legal and constitutional opinion of my duties which has been +expressed, I rely with equal confidence on your undivided support in my +determination to execute the laws--to preserve the Union by all +constitutional means--to arrest, if possible, by moderate but firm +measures, the necessity of a recourse to force; and, if it be the will +of Heaven that the recurrence of its primeval curse on man for the +shedding of a brother's blood should fall upon our land, that it be not +called down by any offensive act on the part of the United States. + +Fellow-citizens! The momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessing +it secures to us as one people shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that +the prudence, the wisdom, and the courage which it will bring to their +defense, will transmit them unimpaired and invigorated to our children. + +May the Great Ruler of nations grant that the signal blessings with +which He has favored ours may not, by the madness of party, or personal +ambition, be disregarded and lost, and may His wise providence bring +those who have produced this crisis to see the folly, before they feel +the misery, of civil strife, and inspire a returning veneration for +that Union which, if we may dare to penetrate His designs, He has +chosen, as the only means of attaining the high destinies to which we +may reasonably aspire. + +In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand. + +Done at the City of Washington, this 10th day of December, in the year +of our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh. + +ANDREW JACKSON. + +By the President. + +EDW. LIVINGSOE, _Secretary of State_. + + + + +MONROE DOCTRINE. + +EXTRACT FROM PRESIDENT MONROE'S ANNUAL MESSAGE, WASHINGTON, DEC. 2, +1823. + + +The citizens of the United States cherish sentiments the most friendly +in favor of the liberty and happiness of their fellow-men on that side +of the Atlantic. In the wars of the European powers, in matters relating +to themselves, we have never taken any part, nor does it comport with +our policy so to do. It is only when our rights are invaded, or +seriously menaced, that we resent injuries or make preparations for our +defence. With the movements in this hemisphere, we are, of necessity, +more immediately connected, and by causes which must be obvious to all +enlightened and impartial observers. The political system of the allied +powers is essentially different, in this respect, from that of America. +This difference proceeds from that which exists in their respective +Governments. And to the defence of our own, which has been achieved by +the loss of so much blood and treasure, and matured by the wisdom of +their most enlightened citizens, and under which we have enjoyed +unexampled felicity, this whole nation is devoted. + +We owe it, therefore, to candor and to the amicable relations existing +between the United States and those powers, to declare, that we should +consider any attempt on their part to extend their system to any portion +of this hemisphere, as dangerous to our peace and safety. + +With the existing colonies or dependencies of any European power, we +have not interfered, and shall not interfere. But, with the Governments +who have declared their independence, and maintained it, and whose +independence we have, on great consideration, and on just principles, +acknowledged, we could not view any interposition for the purpose of +oppressing them, or controlling, in any other manner, their destiny, by +any European power, in any other light than as the manifestation of an +unfriendly disposition towards the United States. + +In the war between those new Governments and Spain, we declared our +neutrality at the time of their recognition, and to this we have +adhered, and shall continue to adhere, provided no change shall occur, +which, in the judgment of the competent authorities of this Government, +shall make a corresponding change on the part of the United States, +indispensable to their security. + + + + +THE DRED SCOTT DECISION. + +DRED SCOTT, PLAINTIFF IN ERROR, _vs._ JOHN F.A. SANDFORD. + + +This case was brought up by writ of error, from the Circuit Court of the +United States for the district of Missouri. + +It was an action of trespass _vi et armis_ instituted in the Circuit +Court by Scott against Sanford. + +Prior to the institution of the present suit, an action was brought by +Scott for his freedom in the Circuit Court of St. Louis county, (State +court,) where there was a verdict and judgment in his favor. On a writ +of error to the Supreme Court of the State, the judgment below was +reversed, and the case remanded to the Circuit Court, where it was +continued to await the decision of the case now in question. + +The declaration of Scott contained three counts: one, that Sandford had +assaulted the plaintiff; one, that he had assaulted Harriet Scott, his +wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his +children. + +Sandford appeared, and filed the following plea: + +DRED SCOTT, } +_vs._ } _Plea to the Jurisdiction of the Court._ +JOHN F.A. SANDFORD. } + + +APRIL TERM, 1854. + +And the said John F.A. Sandford, in his own proper person, comes and +says that this court ought not to have or take further cognizance of the +action aforesaid, because he says that said cause of action, and each +and every of them, (if any such have accrued to the said Dred Scott,) +accrued to the said Dred Scott out of the jurisdiction of this court, +and exclusively within the jurisdiction of the courts of the State of +Missouri, for that, to wit: the said plaintiff, Dred Scott, is not a +citizen of the State of Missouri, as alleged in his declaration, because +he is a negro of African descent; his ancestors were of pure African +blood, and were brought into this country and sold as negro slaves, and +this the said Sandford is ready to verify. Wherefore he prays judgment +whether this court can or will take further cognizance of the action +aforesaid. + +JOHN F.A. SANDFORD. + +To this plea there was a demurrer in the usual form, which was argued +in April, 1854, when the court gave judgment that the demurrer should be +sustained. + +In May, 1854, the defendant, in pursuance of an agreement between +counsel, and with the leave of the court, pleaded in bar of the action: + +1. Not guilty. + +2. That the plaintiff was a negro slave, the lawful property of the +defendant, and, as such, the defendant gently laid his hands upon him, +and thereby had only restrained him, as the defendant had a right to do. + +3. That with respect to the wife and daughters of the plaintiff, in the +second and third counts of the declaration mentioned, the defendant had, +as to them, only acted in the same manner, and in virtue of the same +legal right. + +In the first of these pleas, the plaintiff joined issue; and to the +second and third filed replications alleging that the defendant, of his +own wrong and without the cause in his second and third pleas alleged, +committed the trespasses, etc. + +The counsel then filed the following agreed statement of facts, viz.: + +In the year 1834, the plaintiff was a negro slave belonging to Dr. +Emerson, who was a surgeon in the army of the United States. In that +year, 1834, said Dr. Emerson took the plaintiff from the State of +Missouri to the military post at Rock Island in the State of Illinois, +and held him there as a slave until the month of April or May, 1836. At +the time last mentioned, said Dr. Emerson removed the plaintiff from +said military post at Rock Island to the military post at Fort Snelling, +situate on the west bank of the Mississippi river, in the Territory +known as Upper Louisiana, acquired by the United States of France, and +situate north of the latitude of thirty-six degrees thirty minutes +north, and north of the State of Missouri. Said Dr. Emerson held the +plaintiff in slavery at said Fort Snelling, from said last-mentioned +date until the year 1838. + +In the year 1835, Harriet, who is named in the second count of the +plaintiff's declaration, was the negro slave of Major Taliaferro, who +belonged to the army of the United States. In that year, 1835, said +Major Taliaferro took said Harriet to said Fort Snelling, a military +post, situated as hereinbefore stated, and kept her there as a slave +until the year 1836, and then sold and delivered her as a slave at said +Fort Snelling unto the said Dr. Emerson hereinbefore named. Said Dr. +Emerson held said Harriet in slavery at said Fort Snelling until the +year 1838. + +In the year 1836, the plaintiff and said Harriet, at said Fort +Snelling, with the consent of said Dr. Emerson, who then claimed to be +their master and owner, intermarried, and took each other for husband +and wife. Eliza and Lizzie, named in the third count of the plaintiff's +declaration, are the fruit of that marriage. Eliza is about fourteen +years old, and was born on board the steamboat Gipsey, north of the +north line of the State of Missouri, and upon the river Mississippi. +Lizzie is about seven years old, and was born in the State of Missouri, +at the military post called Jefferson Barracks. + +In the year 1838, said Dr. Emerson removed the plaintiff and said +Harriet and their said daughter Eliza, from said Fort Snelling to the +State of Missouri, where they have ever since resided. + +Before the commencement of this suit, said Dr. Emerson sold and conveyed +the plaintiff, said Harriet, Eliza, and Lizzie, to the defendant, as +slaves, and the defendant has ever since claimed to hold them and each +of them as slaves. + +At the times mentioned in the plaintiff's declaration, the defendant +claiming to be owner as aforesaid, laid his hands upon said plaintiff, +Harriet, Eliza, and Lizzie, and imprisoned them, doing in this respect, +however, no more than what he might lawfully do if they were of right +his slaves at such times. + +Further proof may be given on the trial for either party. + +It is agreed that Dred Scott brought suit for his freedom in the Circuit +Court of St. Louis county; that there was a verdict and judgment in his +favor; that on a writ of error to the Supreme Court, the judgment below +was reversed, and the same remanded to the Circuit Court, where it has +been continued to await the decision of this case. + +In May, 1854, the cause went before a jury, who found the following +verdict, viz.: "As to the first issue joined in this case, we of the +jury find the defendant not guilty; and as to the issue secondly above +joined, we of the jury find that before and at the time when, &c., in +the first count mentioned, the said Dred Scott was a negro slave, the +lawful property of the defendant; and as to the issue thirdly above +joined, we, the jury, find that before and at the time when, &c., in the +second and third counts mentioned, the said Harriet, wife of said Dred +Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were +negro slaves, the lawful property of the defendant." + +Whereupon the court gave judgment for the defendant. + +After an ineffectual motion for a new trial, the plaintiff filed the +following bill of exceptions. + +On the trial of this cause by the jury, the plaintiff, to maintain the +issues on his part, read to the jury the following agreed statement of +facts, (see agreement above.) No further testimony was given to the jury +by either party. Thereupon the plaintiff moved the court to give to the +jury the following instruction, viz.: + +"That upon the facts agreed to by the parties, they ought to find for +the plaintiff. The court refused to give such instruction to the jury, +and the plaintiff, to such refusal, then and there duly excepted." + +The court then gave the following instruction to the jury, on motion of +the defendant: + +"The jury are instructed, that upon the facts in this case, the law is +with the defendant." The plaintiff excepted to this instruction. + +Upon these exceptions, the case came up to this court. + +It was argued at December term, 1855, and ordered to be reargued at the +present term. + +The opinion of the court, as delivered by Chief Justice Taney, being so +lengthy, we omit all but the summing up, to wit: + +Upon the whole, therefore, it is the judgment of this court, that it +appears by the record before us, that the plaintiff in error is not a +citizen of Missouri, in the sense in which that word is used in the +Constitution; and that the Circuit Court of the United States, for that +reason, had no jurisdiction in the case, and could give no judgment in +it. Its judgment for the defendant must, consequently, be reversed, and +a mandate issued, directing the suit to be dismissed for want of +jurisdiction. + + + + +PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES. + +WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE. + + +BEFORE THE REVOLUTION. + +FIRST CONGRESS, Sept. 5, 1774. Peyton Randolph, of Virginia, President. +Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles +Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in +Pennsylvania, Aug. 16, 1824. + +SECOND CONGRESS, May 10, 1775. Peyton Randolph, President. Resigned May +24, 1775. + +John Hancock, of Massachusetts, elected his successor. He was born at +Quincy, Mass., 1737, died Oct. 8, 1793. He was President of Congress +until October, 1777. + +Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec. +1778. He was born at Charleston, S.C., 1724, died in South Carolina, +Dec, 1792. + +John Jay, of New York, President from Dec. 10, 1778, to Sept. 27, 1779. +He was born in New York City, Dec. 12, 1745, died at New York, May 17, +1829. + +Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until +July 10, 1781. He was born in Connecticut, in 1732, died 1796. + +Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, +1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, +June 24, 1817. + +John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782. + +Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb. +4, 1783. He was born at Philadelphia, May 2, 1740, died 1824. + +Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov. +30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, +1800. + +Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov. +23, 1785. He was born in Virginia, 1732, died 1794. + +John Hancock, of Massachusetts, President from Nov. 23, 1785, to June 6, +1786. + +Nathaniel Gorham, of Massachusetts, President from June 6, 1786, to Feb. +2, 1787. He was born at Charlestown, Mass., 1738, died June 11, 1796. + +Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan. +28, 1788. He was born in Edinburgh, Scotland,----, died in 1818. + +Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of +the Congress under the Confederation, March 3, 1789. He was born in +England, 1748, died in Virginia, 1810. + + +UNDER THE CONSTITUTION. + +1789 to 1793.--George Washington, of Virginia, inaugurated as President +of the United States, April 30, 1789. He was born upon Wakefield estate, +Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec. +14, 1799. + +John Adams, of Massachusetts, Vice-President. Born at Braintree, Mass., +Oct. 19, 1735, died July 4, 1826, near Quincy, Mass. + +ELECTORAL VOTE.--Geo. Washington, 69; John Adams, 34; John Jay, New +York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; +John Hancock, Massachusetts, 4; Geo. Clinton, New York, 3; Sam'l +Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, +Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Massachusetts, +1--Total, 69. Ten States voted,--Rhode Island, New York, and North +Carolina not voting, not having ratified the Constitution in time. + +1793 to 1797.--George Washington, President, inaugurated March 4, 1793. + +John Adams, Vice-President. + +ELECTORAL VOTE.--Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; +Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.--Total, 132. +Fifteen States voted. + +1797 to 1801.--John, Adams President, inaugurated March 4, 1797. + +Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, +Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826. + +ELECTORAL VOTE.--John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, +South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Massachusetts, 15; +Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James +Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, +2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, +1.--Total 138. Sixteen States voting. + +1801 to 1805.--Thomas Jefferson, President, inaugurated March 4, 1801. + +Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, +1756, died at Staten Island, N.Y., Sept. 14, 1836. + +ELECTORAL VOTE.--Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; +Chas. C. Pinckney, 64; John Jay 1.--Total, 13. Sixteen States voting. + +There was no choice by the Electoral colleges, and the election was +carried into the House of Representatives, and upon the 36th ballot, ten +States voted for Jefferson, four States for Aaron Burr, and two States +in blank. Jefferson was declared to be elected President, and Burr +Vice-President. The Constitution was then amended, so that the +Vice-President was voted for separately, instead of being the second on +the vote for President. + +1805 to 1809.--Thomas Jefferson, President, inaugurated March 4, 1805. + +George Clinton, of New York, Vice-President. He was born in Ulster +county, N.Y., 1739, died in Washington, D.C., April 20, 1812. + +ELECTORAL VOTE.--For President, Thos. Jefferson, 162; Chas. Cotesworth +Pinckney, 14.--Total, 176. Seven States voting. For Vice-President, +George Clinton, 162; Rufus King, New York, 14. + +1809 to 1813.--James Madison, of Virginia, President, inaugurated March +4, 1809. He was born March 16, 1751, in Prince George county, Va., and +died at Montpelier, Va., June 28, 1836. + +George Clinton, of New York, Vice-President, until his death, April 20, +1812. + +ELECTORAL VOTE.--For President, James Madison, 122; Geo. Clinton, 6; +C.C. Pinckney, 47.--Total, 175. Seventeen States voting. For +Vice-President, George Clinton, 113; James Madison, 3; James Monroe, +Virginia, 3; John Langdon, New Hampshire, 9; Rufus King, New York, 47. + +1813 to 1817.--James Madison, of Virginia, President, inaugurated March +4, 1813. + +Elbridge Gerry, of Massachusetts, Vice-President, until his death, Nov. +23, 1814. He was born at Marblehead, Mass., July 17, 1744, and died at +Washington, D.C. + +ELECTORAL VOTE.--For President, James Madison, 128; De Witt Clinton, New +York, 89.--Total, 217. Eighteen States voting. For Vice-President, +Elbridge Gerry, 131; Jared Ingersoll, Pa., 86. + +1817 to 1821.--James Monroe, of Virginia, President, inaugurated March +4, 1817. He was born in Westmoreland county, Va., 1759, and died in New +York, July 4, 1831. + +Daniel D. Tompkins, of New York, Vice-President. Born June 21, 1774, at +Fox Meadows, N.Y., and died at Staten Island, June 11, 1825. + +ELECTORAL VOTE.--For President, James Monroe, 183; Rufus King, +34.--Total, 221. Nineteen States voting. For Vice-President, Daniel D. +Tompkins, 183; John Eager Howard, Maryland, 22; James Ross, +Pennsylvania, 5; John Marshall, Virginia, 4; Robt. Goodloe Harper, +Maryland, 3. + +1821 to 1825.--James Monroe, President, inaugurated March 4, 1821. + +Daniel D. Tompkins, Vice-President. + +ELECTORAL VOTE.--For President, James Monroe, 231; John Quincy Adams, +Massachusetts, 1.--Total, 232. Twenty-four States voting. For +Vice-President, Daniel D. Tompkins, 218; Richard Stockton, New Jersey, +8; Robert G. Harper, 1; Richard Rush, Pennsylvania, 1; Daniel Rodney, +Delaware, 1. + +1825 to 1829.--John Quincy Adams, of Massachusetts, President, +inaugurated March 4, 1825. He was born at Quincy, Massachusetts, July +11, 1767, and died at Washington City, Feb. 23, 1848. + +John Caldwell Calhoun, of South Carolina, Vice-President. Born in +Abbeville district, S.C., March 18, 1782, and died March 31, 1850, in +Washington City. + +POPULAR VOTE.--For President, John Quincy Adams, 105,321; Andrew +Jackson, Tennessee, 152,899; Wm. H. Crawford, Georgia, 47,265; Henry +Clay, Kentucky, 47,087. + +ELECTORAL VOTE.--For President Andrew Jackson, 99; John Quincy Adams, +84; Wm, H. Crawford, 41; Henry Clay, 37.--Total, 261. Twenty-four States +voting. + +There being no choice by the Electoral colleges, the vote was taken into +the House of Representatives. Adams received the votes of thirteen +States, Jackson seven, and Crawford four. John Quincy Adams was +therefore declared elected President. + +For Vice-President, the Electoral vote was John C. Calhoun, South +Carolina, 182; Nathan Sanford, New York, 30; Nathaniel Macon, Georgia, +24; Andrew Jackson, Tennessee, 13; Martin Van Buren, New York, 9; Henry +Clay, Kentucky, 2. + +1829 to 1833.--Andrew Jackson, of Tennessee, President, inaugurated +March 4, 1829. He was born in Mecklenburg county, N.C., March 15, 1767, +and died at the Hermitage, Tenn., June 8, 1845. + +John Caldwell Calhoun, Vice-President, until his resignation, Dec. 28, +1832. + +POPULAR VOTE.--For President, Andrew Jackson, 650,028; John Quincy +Adams, 512,158. + +ELECTORAL VOTE.--For President, Andrew Jackson, 178; J.Q. Adams, +83.--Total, 261. Twenty-four States voting. + +For Vice-President, John C. Calhoun, 171; Richard Rush, Pennsylvania, +83; Wm, Smith, South Carolina, 7. + +1833 to 1837.--Andrew Jackson, President, inaugurated March 4, 1833. + +Martin Van Buren, of New York, Vice-President. He was born at +Kinderhook, N.Y., Dec. 5, 1782. + +POPULAR VOTE.--For President, Andrew Jackson, 687,502; Henry Clay, +550,189; Opposition, (John Floyd, Virginia, and Wm. Wirt, Maryland,) +33,108. + +ELECTORAL VOTE.--For President, Andrew Jackson, 219; Henry Clay, 49; +John Floyd, 11; Wm. Wirt, 7.--Total 288. Twenty-four States voting. + +For Vice-President, Martin Van Buren, 189; John Sergeant, Pennsylvania, +49; William Wilkins, Pennsylvania, 30; Henry Lee, Massachusetts, 11; +Amos Ellmaker, Pennsylvania, 7. + +1837 to 1841.--Martin Van Buren, President, inaugurated March 4, 1837. + +Richard M. Johnson, of Kentucky, Vice-President. He was born in 1780, +and died Nov. 19, 1850. + +POPULAR VOTE.--For President, Martin Van Buren, 762,149; Opposition, +(Wm. H. Harrison, Hugh L. White, Daniel Webster, W.P. Mangum,) 736,736. + +ELECTORAL VOTE.--For President, Martin Van Buren, 170; Wm. H. Harrison, +Ohio, 73; Hugh L. White, Tennessee, 26; Daniel Webster, Massachusetts, +14; W.P. Mangum, 11.--Total, 294. Twenty-six States voting. + +For Vice-President, Richard M. Johnson, Kentucky, 147; Francis Granger, +New York, 77; John Tyler, Virginia, 47; Wm. Smith, Alabama, 23. + +1841 to 1845--Wm. Henry Harrison, of Ohio, President, until his death, +at Washington, April 4, 1841. He was inaugurated March 4, 1841. He was +born in Berkeley county, Va., Feb. 9, 1773. + +John Tyler, of Virginia, Vice-President. He was born April, 1790, at +Greenway, Charles City county, Va. + +John Tyler, of Virginia, became President by the death of W.H. Harrison. +He took the oath of office April 6, 1841. + +POPULAR VOTE.--Nov. 1840.--For President, Wm. Henry Harrison, 1,274,783; +Martin Van Buren, 1,128,702; James G. Birney, New York, (Abolition,) +7,609. + +ELECTORAL VOTE.--For President, W.H. Harrison, 234; M. Van Buren, +60.--Total, 294. Twenty-six States voting. + +For Vice-President, John Tyler, 234; Richard M. Johnson, 48; L.W. +Tazewell, South Carolina, 11; James K. Polk, Tennessee, 1. + +1845 to 1849.--James Knox Polk, of Tennessee, President, inaugurated +March 4, 1845. He was born in Mecklenburg county, North Carolina, Nov. +2, 1795, and died at Nashville, Tennessee, June 15, 1849. + +George Mifflin Dallas, of Pennsylvania, Vice-President. Born in +Philadelphia, July 10, 1792. + +POPULAR VOTE.--For President, James K. Polk, 1,335,834; Henry Clay, +1,297,033; James G. Birney, 62,290. + +ELECTORAL VOTE.--For President, James K. Polk, 170; Henry Clay, +105.--Total, 275. Twenty-six States voting. + +For Vice-President, George M. Dallas, 170; Theodore Frelinghuysen, of +New Jersey, 105. + +1849 to 1853.--Zachary Taylor, of Louisiana, President, inaugurated +March 4, 1849. Born in Virginia, 1784, died in Washington City, July 9, +1850. + +Millard Fillmore, of New York, Vice-President. Born in Locke township, +Cayuga county, N.Y., Jan. 7, 1800. + +Millard Fillmore, President, after the death of Zachary Taylor, July 9, +1850. He took the oath of office, July 10, 1850. + +POPULAR VOTE.--For President, Zachary Taylor, 1,362,031; Lewis Cass, of +Michigan, 1,222,445; Martin Van Buren, (Free-Soil,) 291,455. + +ELECTORAL VOTE.--For President, Zachary Taylor, 163; Lewis Cass, +127.--Total, 290. Thirty States voting. + +For Vice-President, Millard Fillmore, 163; William O. Butler, Kentucky, +127. + +1853 to 1857.--Franklin Pierce, of New Hampshire, President, inaugurated +March 5, 1853. He was born at Hillsboro, N.H., Nov. 23, 1804. + +William R. King, of Alabama, Vice-President. He was born in North +Carolina, April 7, 1786, died at Cahawba, Ala., April 18, 1853. + +POPULAR VOTE.--For President, Franklin Pierce, 1,590,490; Winfield +Scott, 1,378,589; John P. Hale, New Hampshire, (Abolition,) 157,296. + +ELECTORAL VOTE.--For President, Franklin Pierce, 254; Winfield Scott of +New Jersey, 42.--Total, 296. Thirty-one States voting. + +For Vice President, Wm. R. King, 254; Wm. A. Graham, North Carolina, 42. + +1857 to 1861.--James Buchanan, of Pennsylvania, President. He was born +at Stony Batter, Franklin county, Penn., April 22, 1791. + +John C. Breckenridge, of Kentucky, Vice-President. Born near Lexington, +Kentucky, Jan. 21, 1820. + +POPULAR VOTE.--For President, James Buchanan, (Democratic.) 1,832,232; +John C. Fremont, California, (Republican,) 1,341,514; Millard Fillmore, +New York, (American,) 874,707. + +ELECTORAL VOTE.--For President, James Buchanan, 174; John C. Fremont, +109; Millard Fillmore, 8.--Total, 291. Thirty-one States voting. + +For Vice-President, John Breckenridge, 174; Wm. L. Dayton, New Jersey, +109; A.J. Donelson, Tennessee, 8.--Total, 291. + +1861 to 1865.--Abraham Lincoln, of Illinois, President, inaugurated +March 4, 1861. He was born near Muldraugh's Hill, Hardin county, Ky., +Feb. 1809. + +Hannibal Hamlin, of Maine, Vice-President. He was born at Paris, Oxford +county, Me., Aug. 27, 1809. + +POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 1,857,610; +Stephen A. Douglas, of Illinois, (Democratic,) 1,365,976; John C. +Breckenridge, of Kentucky, (Democratic,) 847,953; John Bell, of +Tennessee, (Constitutional Union,) 590,631. + +ELECTORAL VOTE.--For President, Abraham Lincoln, 180; John C. +Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12.--Total, 291. +Thirty-three States voting. + +For Vice-President, Hannibal Hamlin, Maine, 180; Joseph Lane, Oregon, +72; Edward Everett, Massachusetts, 39; Herschel V. Johnson, Georgia, 12. + +1865 to 1869.--Abraham Lincoln, President, inaugurated March 4, 1865. + +Andrew Johnson, of Tennessee, Vice-President. + +POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 3,213,035; +George B. McClellan, (Democrat,) 1,811,754. + +Upon the assassination of President Lincoln, April 14, 1865, Andrew +Johnson, then Vice-President, assumed the Presidency, and Lafayette S. +Foster, of Norwich, Conn., President of the Senate, became +Vice-President. + + + + +POPULAR NAMES OF STATES. + + +Virginia, the Old Dominion. +Massachusetts, the Bay State. +Maine, the Border State. +Rhode Island, Little Rhody. +New York, the Empire State. +New Hampshire, the Granite State. +Vermont, the Green Mountain State. +Connecticut, the Land of Steady Habits. +Pennsylvania, the Keystone State. +North Carolina, the Old North State. +Ohio, the Buckeye State. +South Carolina, the Palmetto State. +Michigan, the Wolverine State. +Kentucky, the Corn-Cracker. +Delaware, the Blue Hen's Chicken. +Missouri, the Puke State. +Indiana, the Hoosier State. +Illinois, the Sucker State. +Iowa, the Hawkeye State. +Wisconsin, the Badger State. +Florida, the Peninsular State. +Texas, the Lone Star State. + + + + +BATTLES OF THE REVOLUTION. + + +The following statistics show the losses of life in the various battles +of the American Revolution, also the dates of the several battles: + + British American + Loss. Loss. + +Lexington, April 15, 1775 273 84 +Bunker Hill, June 17, 1775 1054 456 +Flatbush, August 12, 1776 400 200 +White Plains, August 26, 1776 400 400 +Trenton, December 25, 1776 1000 9 +Princeton, January 5, 1777 400 100 +Hubbardstown, August 17, 1777 800 800 +Bennington, August 16, 1777 800 100 +Brandywine, September 11, 1777 500 1100 +Stillwater, September 17, 1777 600 350 +Germantown, October 5, 1777 600 1250 +Saratoga, October 17, 1777[A] 5752 .... +Red Hook, October 22, 1777 500 32 +Monmouth, June 25, 1778 400 130 +Rhode Island, August 27, 1778 260 214 +Briar Creek, March 30, 1779 13 400 +Stony Point, July 15, 1779 600 100 +Camden, August 16, 1779 375 610 +King's Mountain, October 1, 1780 950 66 +Cowpens, January 17, 1781 800 72 +Guilford C.H., March 15, 1781 532 400 +Hobkirk's Hill, April 25, 1781 400 460 +Eutaw Springs, September, 1781 1000 550 +Yorktown, October, 1781[A] 7072 .... + + Total 25,481 7913 + +[A] Surrendered. + + + + +NEUTRALITY LAW OF THE UNITED STATES, + +AS AMENDED AND APPROVED BY CONGRESS, JULY 26, 1866. + + +A Bill more effectually to preserve the neutral relations of the United +States. + +_Be it enacted, &c._, That if any citizen of the United States shall, +within the territory or jurisdiction thereof, accept and exercise a +commission to serve a foreign prince, State, colony, district, or people +in war by land or by sea against any prince, State, colony, district or +people with whom the United States are at peace, the person so offending +shall be deemed guilty of a misdemeanor, and shall on conviction thereof +be punished by a fine of not exceeding $2,000 and imprisonment not +exceeding two years, or either, at the discretion of the Court in which +such offender may be convicted. + +SEC. 2. _And be it further enacted_, That if any person shall, within +the territory or jurisdiction of the United States enlist, or enter +himself, or hire or retain another person to enlist or enter himself, or +to go beyond the limits or jurisdiction of the United States, with +intent to be enlisted or entered into the service of any foreign prince, +State, colony, district or people as a soldier, or as a marine or seaman +on board of any vessel-of-war, letter-of-marque or privateer, every +person so offending shall be deemed guilty of a misdemeanor, and shall +upon conviction therefor be punished by fine not exceeding $1,000, and +imprisonment not exceeding two years, or either of them, at the +discretion of the Court, in case such offender shall be convicted; +provided that this act shall not be construed to extend to any subject +or citizen of any foreign prince, State, colony, district or people, who +shall transiently be within the United States, and shall be on board of +any vessel of war, letter-of-marque or privateer, which, at the time of +its arrival within the United States, was fitted and equipped as such, +enlist or enter himself, and hire or retain another subject or citizen +of the same foreign prince, State, colony, district or people, who is +transiently in the United States, to enlist or enter himself to serve +such foreign prince, State, colony, district or people, on board such +vessel of war, letter-of-marque or privateer, if the United States shall +then be at peace with such foreign prince, State, colony, district or +people. + +SEC. 3. _And be it further enacted_, That if any person shall within the +limits of the United States fit out and arm or attempt to fit out and +arm, or procure to be fitted out and armed, or shall knowingly be +concerned in the furnishing, fitting out and arming of any ship or +vessel with intent that such ship or vessel shall be employed in the +service of any foreign prince, State, colony, district or people, to +cruise or commit hostilities against the subjects, citizens or property +of any foreign prince, State, or any colony, district or people with +whom the United States are at peace, or shall issue or deliver a +commission within the territory or jurisdiction of the United States for +any ship or vessel to the intent that she may be employed as aforesaid, +or shall have on board any person or persons who shall have been +enlisted, or shall have engaged to enlist or serve or shall be departing +from the jurisdiction of the United States with intent to enlist or +serve in contravention of the provisions of this act, every person so +offending shall be deemed guilty of a misdemeanor, and shall, upon +conviction thereof, be punished by a fine not exceeding $3,000, and +imprisonment not exceeding three years, or either of them, at the +discretion of the Court in which such offender shall be convicted; and +every such ship and vessel, with her tackle, apparel and furniture, +together with all materials, arms, ammunition and stores which may have +been procured for the building and equipment thereof, shall be forfeited +to the United States of America. + +SEC. 4. _And be it further enacted_, That it shall be lawful for any +Collector of the Customs who is by law empowered to make seizures for +any forfeiture incurred under any of the laws of Customs, to seize such +ships and vessels in such places and in such manner in which the +officers of the Customs are empowered to make seizures under the law for +the collection and protection of the revenue, and that every such ship +and vessel, with the tackle, apparel and furniture, together with all +the materials, arms, ammunition and stores which may belong to or be on +board such ship or vessel, may be prosecuted or condemned for the +violation of the provisions of this act in like manner as ships or +vessels may be prosecuted and condemned for any breach of the laws made +for the collection and protection of the revenue. + +SEC. 5. _And be it further enacted_, That if any person shall within the +territory or jurisdiction of the United States, increase or augment, or +procure to be increased or augmented, or shall knowingly be concerned in +increasing or augmenting the force of any ship of war, or cruiser, or +other armed vessel, which at the time of her arrival within the United +States was a ship of war, or cruiser, or armed vessel in the service of +any foreign prince, State, colony, district or people, or belonged to +the subjects or citizens of any such prince, State, colony, district or +people, the same being at war with any foreign prince, State, colony, +district or people with whom the United States are at peace, by adding +to the number of guns of such vessel, or by changing those on board of +her for guns of a larger calibre, or by addition thereto of any +equipment solely applicable to war, or shall have on board any person or +persons who shall have enlisted, or engaged to enlist or serve, or who +shall be departing from the jurisdiction of the United States with +intent to enlist or serve in contravention of the provisions of this +act; every person so offending shall be deemed guilty of a misdemeanor, +and shall upon conviction thereof be punished by fine or imprisonment, +or either of them, at the discretion of the court in which such offender +shall be convicted. + +SEC. 6. _And be it further enacted_, That the District Courts shall take +cognizance of all complaints, informations, indictments, or other +prosecutions, by whomsoever instituted, in cases of captures made within +the waters of the United States or within a marine league of the coasts +or shores thereof. + +SEC. 7. _And be it further enacted_, That in every case in which a +vessel shall be fitted out and armed, or in which the force of any +vessel of war, cruiser, or other armed vessel shall be increased or +augmented, in every case of the capture of a ship or vessel within the +jurisdiction or protection of the United States, as before defined, and +in every case in which any process issuing out of any court of the +United States shall be disobeyed or resisted by any person or persons +having the custody of any vessel of war, cruiser or other, armed vessel +of any prince or State, or of any colony, district or people, or of any +subjects or citizens of any foreign prince, State, or of any colony, +district or people in any such case, it shall be lawful for the +President of the United States, or such other person as he shall have +empowered for that purpose to employ such part of the land and naval +forces of the United States or of the militia thereof, for the purpose +of taking of and detaining any such ship or vessel with her prize or +prizes, if any, in order to the execution of the prohibition or +penalties of this act, and to the restoring the prize or prizes in the +cases in which restoration shall have been adjudged. + +SEC. 8. _And be it further enacted_, That it shall be lawful for the +President of the United States, or such person as he shall empower for +that purpose, to employ such part of the land and naval forces of the +United States, or of the militia thereof, as shall be necessary to +compel any foreign ship or vessel to depart the United States in all +cases in which, by the laws of nations or the treaties of the United +States they ought not to remain within the United States. + +SEC. 9. _And be it further enacted_, That offences made punishable by +the provisions of this act, committed by citizens of the United States, +beyond the jurisdiction of the United States, may be prosecuted and +tried before any court having jurisdiction of the offences prohibited by +this act. + +SEC. 10. _And be it further enacted_, That nothing in this act shall be +so construed as to prohibit citizens of the United States from selling +vessels, ships or steamers built within the limits thereof, or materials +or munitions of war, the growth or product of the same, to inhabitants +of other countries, or to Governments not at war with the United States: +provided that the operation of this section of this act shall be +suspended by the President of the United States with regard to any +classes of purchases, whenever the United States shall be engaged in +war, or whenever the maintenance of friendly relations with any foreign +nation may in his judgment require it. + +SEC. 11. _And be it further enacted_, That nothing in the foregoing act +shall be construed to prevent the prosecution or punishment of treason, +or any piracy or other felony defined by the laws of the United States. + +SEC. 12. _And be it further enacted_, That all acts and parts of acts +inconsistent with the provisions of this act or inflicting any further +or other penalty or forfeiture than are hereinbefore provided for. The +acts forbidden herein are hereby repealed. + + + + +POPULATION OF THE UNITED STATES. + + +STATES. 1850. 1860. + +Alabama 771,623 964,296 +Arkansas 209,897 435,427 +California 92,597 380,015 +Connecticut 370,792 460,151 +Delaware 91,532 112,218 +Florida 87,445 140,439 +Georgia 906,185 1,057,327 +Illinois 851,470 1,711,753 +Indiana 988,416 1,350,479 +Iowa 192,214 674,948 +Kansas ... 107,710 +Kentucky 982,405 1,155,713 +Louisiana 517,762 709,433 +Maine 583,169 628,276 +Maryland 583,034 687,034 +Massachusetts 994,514 1,231,065 +Michigan 397,654 749,112 +Minnesota 6,077 162,022 +Mississippi 606,026 791,395 +Missouri 682,044 1,173,317 +New Hampshire 317,976 326,072 +New Jersey 489,555 672,031 +New York 3,097,394 3,887,542 +North Carolina 869,039 992,667 +Ohio 1,980,329 2,339,599 +Oregon 12,093 52,464 +Pennsylvania 2,311,786 2,906,370 +Rhode Island 147,545 174,621 +South Carolina 668,507 703,812 +Tennessee 1,002,717 1,109,847 +Texas 212,592 601,039 +Vermont 314,120 315,116 +Virginia 1,421,661 1,596,083 +Wisconsin 305,391 775,873 + +TERRITORIES, ETC. + +Colorado .... 34,197 +Dakotah .... 4,839 +Nebraska .... 28,842 +Nevada .... 6,857 +New Mexico 61,547 93,541 +Utah 11,380 40,295 +Washington 1,201 11,578 +District of Columbia 51,687 75,076 + + Total 23,191,876 31,429,891 + + +SLAVE POPULATION IN THE U.S. IN 1860. + +STATES. 1850. 1860. + +Alabama 342,844 435,132 +Arkansas 47,100 111,104 +Delaware 2,290 1,798 +Florida 39,310 61,753 +Georgia 381,682 462,230 +Kentucky 210,981 225,490 +Louisiana 244,809 332,520 +Maryland 90,368 87,188 +Mississippi 309,878 436,696 +Missouri 87,422 114,965 +North Carolina 288,548 331,081 +South Carolina 384,984 402,541 +Tennessee 239,459 275,784 +Texas 58,161 180,388 +Virginia 472,528 490,887 +Nebraska (Territory) .. 10 +Utah " .. 29 +New Mexico " 26 24 +District of Columbia 3,687 3,181 + + Total 3,204,077 3,952,801 + + +STATISTICS OF SLAVERY BEFORE THE REVOLUTION. + +AMERICAN SLAVERY IN 1715. + +In the reign of George I., the ascertained population of the Continental +Colonies was as follows: + + White Men. Negro Slaves. +New Hampshire 9,500 150 +Massachusetts 94,000 2,000 +Rhode Island 7,500 500 +Connecticut 46,000 1,500 +New York 27,000 4,000 +Pennsylvania 43,300 2,500 +New Jersey 21,000 1,500 +Maryland 40,700 9,400 +Virginia 72,000 23,000 +North Carolina 7,500 3,700 +South Carolina 6,250 10,500 + + Total 375,000 58,550 + + + + +SPEECH OF HON. STEPHEN A. DOUGLAS. + +DELIVERED AT CHICAGO, MAY 1ST, 1861. + + +MR. CHAIRMAN: I thank you for the kind terms in which you have been +pleased to welcome me. I thank the Committee and citizens of Chicago for +this grand and imposing reception. I beg you to believe that I will not +do you nor myself the injustice to believe this magnificent ovation is +personal homage to myself. I rejoice to know that it expresses your +devotion to the Constitution, the Union, and the flag of our country. +(Cheers.) + +I will not conceal gratification at the uncontrovertible test this vast +audience presents--that what political differences or party questions +may have divided us, yet you all had a conviction that when the country +should be in danger, my loyalty could be relied on. That the present +danger is imminent, no man can conceal. If war must come--if the bayonet +must be used to maintain the Constitution--I can say before God my +conscience is clean. I have struggled long for a peaceful solution of +the difficulty. I have not only tendered those States what was theirs of +right, but I have gone to the very extreme of magnanimity. + +The return we receive is war, armies marched upon our capital, +obstructions and dangers to our navigation, letters of marque to invite +pirates to prey upon our commerce, a concerted movement to blot out the +United States of America from the map of the globe. The question is, Are +we to maintain the country of our fathers, or allow it to be stricken +down by those who, when they can no longer govern, threaten to destroy? + +What cause, what excuse do disunionists give us for breaking up the best +Government on which the sun of heaven ever shed its rays? They are +dissatisfied with the result of a Presidential election. Did they never +get beaten before? Are we to resort to the sword when we get defeated at +the ballot box? I understand it that the voice of the people expressed +in the mode appointed by the Constitution must command the obedience of +every citizen. They assume, on the election of a particular candidate, +that their rights are not safe in the Union. What evidence do they +present of this? I defy any man to show any act on which it is based. +What act has been omitted to be done? I appeal to these assembled +thousands that so far as the constitutional rights of the Southern +States, I will say the constitutional rights of slaveholders, are +concerned, nothing has been done, and nothing omitted, of which they can +complain. + +There has never been a time from the day that Washington was inaugurated +first President of these United States, when the rights of the Southern +States stood firmer under the laws of the land than they do now; there +never was a time when they had not as good a cause for disunion as they +have to-day. What good cause have they now that has not existed under +every Administration? + +If they say the Territorial question--now, for the first time, there is +no act of Congress prohibiting slavery anywhere. If it be the +non-enforcement of the laws, the only complaints that I have heard have +been of the too vigorous and faithful fulfilment of the Fugitive Slave +Law. Then what reason have they? + +The slavery question is a mere excuse. The election of Lincoln is a mere +pretext. The present secession movement is the result of an enormous +conspiracy formed more than a year since--formed by leaders in the +Southern Confederacy more than twelve months ago. + +They use the Slavery question as a means to aid the accomplishment of +their ends. They desired the election of a Northern candidate, by a +sectional vote, in order to show that the two sections cannot live +together. When the history of the two years from the Lecompton charter +down to the Presidential election shall be written, it will be shown +that the scheme was deliberately made to break up this Union. + +They desired a Northern Republican to be elected by a purely Northern +vote, and then assign this fact as a reason why the sections may not +longer live together. If the disunion candidate in the late Presidential +contest had carried the united South, their scheme was, the Northern +candidate successful, to seize the Capital last spring, and by a united +South and divided North hold it. That scheme was defeated in the defeat +of the disunion candidate in several of the Southern States. + +But this is no time for a detail of causes. The conspiracy is now known. +Armies have been raised, war is levied to accomplish it. There are only +two sides to the question. Every man must be for the United States or +against it. There can be no neutrals in this war; _only patriots--or +traitors_. + +Thank God, Illinois is not divided on this question. (Cheers.) I know +they expected to present a united South against a divided North. They +hoped in the Northern States, party questions would bring civil war +between Democrats and Republicans, when the South would step in with her +cohorts, aid one party to conquer the other, and then make easy prey of +the victors. Their scheme was carnage and civil war in the North. + +There is but one way to defeat this. In Illinois it is being so defeated +by closing up the ranks. War will thus be prevented on our own soil. +While there was a hope of peace, I was ready for any reasonable +sacrifice or compromise to maintain it. But when the question comes of +war in the cotton-fields of the South, or the corn-fields of Illinois, I +say the farther off the better. + +We can not close our eyes to the sad and solemn fact that war does +exist. The Government must be maintained, its enemies overthrown, and +the more stupendous our preparations the less the bloodshed, and the +shorter the struggle. But we must remember certain restraints on our +action even in time of war. We are a Christian people, and the war must +be prosecuted in a manner recognized by Christian nations. + +We must not invade Constitutional rights. The innocent must not suffer, +nor women and children be the victims. Savages must not be let loose. +But while I sanction no war on the rights of others, I will implore my +countrymen not to lay down their arms until our own rights are +recognized. (Cheers.) + +The Constitution and its guarantees are our birthright, and I am ready +to enforce that inalienable right to the last extent. We can not +recognize secession. Recognize it once, and you have not only dissolved +government, but you have destroyed social order--upturned the +foundations of society. You have inaugurated anarchy in its worst form, +and will shortly experience all the horrors of the French Revolution. + +Then we have a solemn duty--to maintain the Government. The greater our +unanimity, the speedier the day of peace. We have prejudices to overcome +from the few short months since of a fierce party contest. Yet these +must be allayed. Let us lay aside all criminations and recriminations as +to the origin of these difficulties. When we shall have again a country +with the United States flag floating over it, and respected on every +inch of American soil, it will then be time enough to ask who and what +brought all this upon us. + +I have said more than I intended to say. (Cries of "Go on.") It is a sad +task to discuss questions so fearful as civil war; but sad as it is, +bloody and disastrous as I expect it will be, I express it as my +conviction before God, that it is the duty of every American citizen to +rally round the flag of his country. + +I thank you again for this magnificent demonstration. By it you show you +have laid aside party strife. Illinois has a proud position--United, +firm, determined never to permit the Government to be destroyed. +(Prolonged cheering.) + + + + +PRESIDENT LINCOLN'S FIRST CALL FOR TROOPS. + +APRIL 15th, 1861. + + +_Whereas_, the laws of the United States have been for some time past, +and now are, 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; now, therefore, I, Abraham Lincoln, President of +the United States, in virtue of the power in me vested by the +Constitution and the laws, have thought fit to call forth the Militia of +the several States of the Union to the aggregate number of 75,000, in +order to suppress said combinations, and to cause the laws to be duly +executed. + +The details for this object will be immediately communicated to the +State authorities through the War Department. I appeal to all loyal +citizens to favor, facilitate, and aid, this effort to maintain the +honor, the integrity, and existence, of our national Union, and the +perpetuity of popular government, and to redress wrongs already long +enough endured. I deem it proper to say that the first service assigned +to the forces hereby called forth will probably be to repossess the +forts, places, and property which have been seized from the Union; and +in every event the utmost care will be observed, consistently with the +objects aforesaid, to avoid any devastation, any destruction of, or +interference with property, or any disturbance of peaceful citizens of +any part of the country; and I hereby command the persons composing the +combinations aforesaid, to disperse and retire peaceably to their +respective abodes, within twenty days from this date. + +Deeming that the present condition of public affairs presents an +extraordinary occasion, I do hereby, in virtue of the power in me vested +by the Constitution, convene both houses of Congress. The Senators and +Representatives are, therefore, summoned to assemble at their respective +chambers at twelve o'clock, noon, on Thursday, the fourth day of July +next, then and there to consider and determine such measures as, in +their wisdom, the public safety and interest may seem to demand. + +In witness whereof, I have hereunto set my hand, and caused the seal of +the United States to be affixed. + +Done at the City of Washington, this fifteenth day of April, in the year +of our Lord, one thousand eight hundred and sixty-one, and of the +independence of the United States the eighty-fifth. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, _Secretary of State_. + + +TOTAL NUMBER OF TROOPS CALLED INTO SERVICE DURING THE REBELLION. + +The various calls of the President for men were as follows: + +1861,--3 months' men, 75,000 +1861,--3 years' men, 500,000 +1862,--3 years' men, 300,000 +1862,--9 months' men, 300,000 +1864,--3 years' men, February, 500,000 +1864,--3 years' men, March, 200,000 +1864,--3 years' men, July, 500,000 +1864,--3 years' men, December, 300,000 + + Total, 2,675,000 + +These do not include the militia that were brought into service during +the various invasions of Lee's armies into Maryland and Pennsylvania. + + + + +RESOLUTIONS OF THE N.Y. CHAMBER OF COMMERCE. + +SUSTAINING THE FEDERAL GOVERNMENT AND URGING A STRICT BLOCKADE OF +SOUTHERN PORTS, APRIL 19TH, 1861. + + +_Whereas_, Our country has, in the course of events, reached a crisis +unprecedented in its past history, exposing it to extreme dangers, and +involving the most momentous results; and _Whereas_, The President of +the United States has, by his Proclamation, made known the dangers which +threaten the stability of Government, and called upon the people to +rally in support of the Constitution and laws; and _Whereas_, The +merchants of New York, represented in this Chamber, have a deep stake in +the results which may flow from the present exposed state of national +affairs, as well as a jealous regard for the honor of that flag under +whose protection they have extended the commerce of this city to the +remotest part of the world; therefore, + +_Resolved_, That this Chamber, alive to the perils which have been +gathering around our cherished form of Government and menacing its +overthrow, has witnessed with lively satisfaction the determination of +the President to maintain the Constitution and vindicate the supremacy +of Government and law at every hazard. (Cheers.) + +_Resolved_, That the so-called secession of some of the Southern States +having at last culminated in open war against the United States, the +American people can no longer defer their decision between anarchy or +despotism on the one side, and on the other liberty, order, and law +under the most benign Government the world has ever known. + +_Resolved_, That this Chamber, forgetful of past differences of +political opinion among its members, will, with unanimity and patriotic +ardor, support the Government in this great crisis: and it hereby +pledges its best efforts to sustain its credit and facilitate its +financial operations. It also confidently appeals to all men of wealth +to join in these efforts. (Applause.) + +_Resolved_, That while deploring the advent of civil war which has been +precipitated on the country by the madness of the South, the Chamber is +persuaded that policy and humanity alike demand that it should be met by +the most prompt and energetic measures; and it accordingly recommends +to Government the instant adoption and prosecution of a policy so +vigorous and resistless, that it will crush out treason now and forever. +(Applause.) + +_Resolved_, That the proposition of Mr. Jefferson Davis to issue letters +of marque to whosoever may apply for them, emanating from no recognized +Government, is not only without the sanction of public law, but +piratical in its tendencies, and therefore deserving the stern +condemnation of the civilized world. It cannot result in the fitting out +of regular privateers, but may, in infesting the ocean with piratical +cruisers, armed with traitorous commissions, to despoil our commerce and +that of all other maritime nations. (Applause.) + +_Resolved_, That in view of this threatening evil, it is, in the opinion +of this Chamber, the duty of our Government to issue at once a +proclamation, warning all persons, that privateering under the +commissions proposed will be dealt with as simple piracy. It owes this +duty not merely to itself, but to other maritime nations, who have a +right to demand that the United States Government shall promptly +discountenance every attempt within its borders to legalize piracy. It +should, also, at the earliest moment, blockade every Southern port, so +as to prevent the egress and ingress of such vessels. (Immense +applause.) + +_Resolved_, That the Secretary be directed to send copies of these +resolutions to the Chambers of Commerce of other cities, inviting their +co-operation in such measures as may be deemed effective in +strengthening the hands of Government in this emergency. + +_Resolved_, That a copy of these resolutions, duly attested by the +officers of the Chamber, be forwarded to the President of the United +States. + + +BLOCKADE RESOLUTIONS. + +_Whereas_, War against the Constitution and Government of these United +States has been commenced, and is carried on by certain combinations of +individuals, assuming to act for States at the South claiming to have +seceded from the United States; and + +_Whereas_, Such combinations have officially promulgated an invitation +for the enrollment of vessels, to act under their authorization, and as +so-called "privateers," against the flag and commerce of the United +States; therefore, + +_Resolved_, by the Chamber of Commerce of the State of New York, That +the United States Government be recommended and urged to blockade the +ports of such States, or any other State that shall join them, and that +this measure is demanded for defence in war, as also for protection to +the commerce of the United States against these so-called "privateers" +invited to enrol under the authority of such States. + +_Resolved_, That the Chamber of Commerce of the State of New York +pledges its hearty and cordial support to such measures as the +Government of the United States may, in its wisdom, inaugurate and carry +through in the blockade of such ports. + + + + +A PROCLAMATION, + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, BLOCKADING THE +SOUTHERN PORTS. + + +_Whereas_ an insurrection against the Government of the United States +has broken out in the States of South Carolina, Georgia, Alabama, +Florida, Mississippi, Louisiana, and Texas, and the laws of the United +States for the collection of the revenue can not be efficiently executed +therein conformably to that provision of the Constitution which requires +duties to be uniform throughout the United States: + +And _Whereas_ a combination of persons, engaged in such insurrection, +have threatened to grant pretended letters of marque to authorize the +bearers thereof to commit assaults on the lives, vessels, and property +of good citizens of the country lawfully engaged in commerce on the high +seas, and in waters of the United States: + +And _Whereas_ an Executive Proclamation has been already issued, +requiring the persons engaged in these disorderly proceedings to desist +therefrom, calling out a militia force for the purpose of repressing the +same, and convening Congress in extraordinary session to deliberate and +determine thereon: + +Now, therefore, I, Abraham Lincoln, President of the United States, with +a view to the same purposes before mentioned, and to the protection of +the public peace, and the lives and property of quiet and orderly +citizens pursuing their lawful occupations, until Congress shall have +assembled and deliberated on the said unlawful proceedings, or until the +same shall have ceased, have further deemed advisable to set on foot a +Blockade of the ports within the States aforesaid, in pursuance of the +laws of the United States and of the laws of nations in such cases +provided. For this purpose a competent force will be posted so as to +prevent entrance and exit of vessels from the ports aforesaid. If, +therefore, with a view to violate such Blockade, a vessel shall +approach, or shall attempt to leave any of the said ports, she will be +duly warned by the Commander of one of the blockading vessels, who will +endorse on her register the fact and date of such warning; and if the +same vessel shall again attempt to enter or leave the blockaded port, +she will be captured and sent to the nearest convenient port, for such +proceedings against her and her cargo as prize as may be deemed +advisable. + +And I hereby proclaim and declare, that if any person, under the +pretended authority of said States, or under any other pretence, shall +molest a vessel of the United States, or the persons or cargo on board +of her, such person will be held amenable to the laws of the United +States for the prevention and punishment of piracy. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, _Secretary of State_. + +WASHINGTON, April 19, 1861. + + + + +THE EMANCIPATION PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + + +Whereas, on the twenty-second day of September, in the year of our Lord +one thousand eight hundred and sixty-two, a Proclamation was issued by +the President of the United States, containing among other things the +following, to wit: + +"That on the first day of January, in the year of our Lord one thousand +eight hundred and sixty-three, all persons held as slaves within any +State, or designated part of a State, the people whereof shall then be +in rebellion against the United States, shall be then, thenceforth and +FOREVER FREE, and the Executive Government of the United States, +including the military and naval authorities thereof, will recognize and +maintain the freedom of such persons, and will do no act or acts to +repress such persons, or any of them, in any efforts they may make for +their actual freedom. + +"That the Executive will, on the first day of January aforesaid, by +proclamation, designate the States and parts of States, if any, in which +the people thereof respectively shall then be in rebellion against the +United States, and the fact that any State, or the people thereof, shall +on that day be in good faith represented in the Congress of the United +States by members chosen thereto at elections wherein a majority of the +qualified voters of such State shall have participated, shall, in the +absence of strong countervailing testimony, be deemed conclusive +evidence that such State and the people thereof are not then in +rebellion against the United States." + +Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by +virtue of the power in me vested as Commander-in-Chief of the Army and +Navy of the United States in time of actual armed rebellion against the +authority and government of the United States, and as a fit and +necessary war measure for suppressing said rebellion, do, on this first +day of January, in the year of our Lord one thousand eight hundred and +sixty-three, and in accordance with my purpose so to do, publicly +proclaim for the full period of one hundred days from the day of the +first above mentioned order, and designate, as the States and parts of +States wherein the people thereof respectively are this day in rebellion +against the United States, the following, to wit: ARKANSAS, TEXAS, +LOUISIANA, (except the Parishes of St. Bernard, Plaquemines, Jefferson, +St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, +Lafourche, St. Mary, St. Martin, and Orleans, including the City of +Orleans), MISSISSIPPI, ALABAMA, FLORIDA, GEORGIA, SOUTH CAROLINA, NORTH +CAROLINA, and VIRGINIA (except the forty-eight counties designated as +West Virginia, and also the counties of Berkley, Accomac, Northampton, +Elizabeth City, York, Princess Ann, and Norfolk, including the cities of +Norfolk and Portsmouth), and which excepted parts are, for the present, +left precisely as if this Proclamation were not issued. + +And by virtue of the power and for the purpose aforesaid, I do order and +declare that ALL PERSONS HELD AS SLAVES within said designated States +and parts of States ARE, AND HENCEFORWARD SHALL BE FREE! and that the +Executive Government of the United States, including the military and +naval authorities thereof, will recognize and maintain the freedom of +said persons. + +And I hereby enjoin upon the people so declared to be free, to abstain +from all violence, unless in necessary self-defence, and I recommend to +them that in all cases, when allowed, they labor faithfully for +reasonable wages. + +And I further declar and make known that such persons of suitable +condition will be received into the armed service of the United States +to garrison forts, positions, stations and other places, and to man +vessels of all sorts in said service. + +And upon this act, sincerely believed to be an act of justice, warranted +by the Consitution, upon military necessity, I invoke the considerate +judgment of mankind and the gracious favor of Almighty God. + +In testimony whereof I have hereunto set my name, and caused the seal of +the United States to be affixed. + +Done at the City of Washington, this first day +of January, in the year of our Lord one +[L.S.] thousand eight hundred and sixty-three, +and of the Independence of the United +States the eighty-seventh. + +ABRAHAM LINCOLN. + +By the President. +WILLIAM H. SEWARD, +_Secretary of State._ + + +THE CONFISCATION ACT. + +TO CONFISCATE PROPERTY USED FOR INSURRECTIONARY PURPOSES. + + +_Be it enacted, etc._, That if, during the present or any future +insurrection against the Government of the United States, after the +President of the United States shall have declared, by proclamation, +that the laws of the United States are opposed, and the execution +thereof obstructed, by combinations too powerful to be suppressed by the +ordinary course of judicial proceedings, or by the power vested in the +marshals by law, any person or persons, his, her, or their agent, +attorney, or employee, shall purchase or acquire, sell or give any +property of whatsoever kind or description, with intent to use or employ +the same, or suffer the same to be used or employed, in aiding, +abetting, or promoting such insurrection or resistance to the laws, or +any person or persons engaged therein; or if any person or persons, +being the owner or owners of any such property, shall knowingly use or +employ, or consent to the use or employment of the same as aforesaid, +all such property is hereby declared to be lawful subject of prize and +capture wherever found; and it shall be the duty of the President of the +United States to cause the same to be seized, confiscated, and +condemned. + +SEC. 2. Such prizes and capture shall be condemned in the district or +circuit court of the United States, having jurisdiction of the amount, +or in admiralty in any district in which the same may be seized, or into +which they may be taken and proceedings first instituted. + +SEC. 3. The Attorney-General, or any district attorney of the United +States in which said property may at the time be, may institute the +proceedings of condemnation, and in such case they shall be wholly for +the benefit of the United States; or any person may file an information +with such attorney, in which case the proceedings shall be for the use +of such informer and the United States in equal parts. + +SEC. 4. Whenever hereafter, during the present insurrection against the +Government of the United States, any person claimed to be held to labor +or service under the law of any State, shall be required or permitted by +the person to whom such labor or service is claimed to be due, or by the +lawful agent of such persons, to take up arms against the United +States, or shall be required or permitted by the person to whom such +labor or service is claimed to be due, or his lawful agent, to work or +to be employed in or upon any fort, navy yard, dock, armory, ship, +intrenchment, or in any military or naval service whatsoever, against +the Government and lawful authority of the United States, then, and in +every such case, the person to whom such labor or service is claimed to +be due, shall forfeit his claim to such labor, any law of the State or +of the United States to the contrary notwithstanding. And whenever +thereafter the person claiming such labor or service shall seek to +enforce his claim, it shall be a full and sufficient answer to such +claim that the person whose service or labor is claimed had been +employed in the hostile service against the Government of the United +States, contrary to the provisions of this act. + + + + +FIRST INAUGURAL ADDRESS OF PRESIDENT LINCOLN + +MARCH 4TH, 1861. + + +_Fellow-Citizens of the United States_: + +In compliance with a custom as old as the Government itself, I appear +before you to address you briefly, and to take, in your presence, the +oath prescribed by the Constitution of the United States to be taken by +the President, before he enters on the execution of his office. + +I do not consider it necessary, at present, for me to discuss those +matters of administration about which there is no special anxiety or +excitement. Apprehension seems to exist among the people of the Southern +States, that, by the accession of a Republican Administration, their +property and their peace and personal security are to be endangered. +There has never been any reasonable cause for such apprehension. Indeed, +the most ample evidence to the contrary has all the while existed, and +been open to their inspection. It is found in nearly all the published +speeches of him who now addresses you. I do but quote from one of those +speeches, when I declare that "I have no purpose, directly or +indirectly, to interfere with the institution of slavery in the States +where it exists." I believe I have no lawful right to do so; and I have +no inclination to do so. Those who nominated and elected me, did so with +the full knowledge that I had made this, and made many similar +declarations, and had never recanted them. And, more than this, they +placed in the platform, for my acceptance, and as a law to themselves +and to me, the clear and emphatic resolution which I now read: + +"_Resolved_, That the maintenance inviolate of the rights of the States, +and especially the right of each State to order and control its own +domestic institutions according to its own judgment exclusively, is +essential to that balance of power on which the perfection and endurance +of our political fabric depend; and we denounce the lawless invasion by +armed force of the soil of any State or Territory, no matter under what +pretext, as among the gravest of crimes." + +I now reiterate these sentiments; and in doing so I only press upon the +public attention the most conclusive evidence of which the case is +susceptible, that the property, peace, and security of no section are to +be in anywise endangered by the now incoming Administration. + +I add, too, that all the protection which, consistently with the +Constitution and the laws, can be given will be cheerfully given to all +the States when lawfully demanded, for whatever cause, as cheerfully to +one section as to another. + +There is much controversy about the delivering up of fugitives from +service or labor. The clause I now read is as plainly written in the +Constitution as any other of its provisions: + +"No person held to service or labor in one State under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor, but shall be +delivered up on claim of the party to whom such service or labor may be +due." + +It is scarcely questioned that this provision was intended by those who +made it for the reclaiming of what we call fugitive slaves; and the +intention of the lawgiver is the law. + +All members of Congress swear their support to the whole +Constitution--to this provision as well as any other. To the +proposition, then, that slaves whose cases come within the terms of this +clause "shall be delivered up," their oaths are unanimous. Now, if they +would make the effort in good temper, could they not, with nearly equal +unanimity, frame and pass a law by means of which to keep good that +unanimous oath? + +There is some difference of opinion whether this clause should be +enforced by National or by State authority; but surely that difference +is not a very material one. If the slave is to be surrendered, it can be +of but little consequence to him or to others by which authority it is +done; and should any one, in any case, be content that this oath shall +go unkept on a merely unsubstantial controversy as to how it shall be +kept? + +Again, in any law upon this subject, ought not all the safeguards of +liberty known in the civilized and humane jurisprudence to be +introduced, so that a free man be not, in any case, surrendered as a +slave? And might it not be well at the same time to provide by law for +the enforcement of that clause in the Constitution which guaranties that +"the citizens of each State shall be entitled to all the privileges and +immunities of citizens of the several States?" + +I take the official oath to-day with no mental reservations, and with +no purpose to construe the Constitution or laws by any hypercritical +rules; and while I do not choose now to specify particular acts of +Congress as proper to be enforced, I do suggest that it will be much +safer for all, both in official and private stations, to conform to and +abide by all those acts which stand unrepealed, than to violate any of +them, trusting to find impunity in having them held to be +unconstitutional. + +It is seventy-two years since the first inauguration of a President +under our national Constitution. During that period fifteen different +and very distinguished citizens have in succession administered the +executive branch of the government. They have conducted it through many +perils, and generally with great success. Yet, with all this scope for +precedent, I now enter upon the same task, for the brief constitutional +term of four years, under great and peculiar difficulties. + +A disruption of the Federal Union, heretofore only menaced, is now +formidably attempted. I hold that in the contemplation of universal law +and of the Constitution, the Union of these States is perpetual. +Perpetuity is implied, if not expressed, in the fundamental law of all +national governments. It is safe to assert that no government proper +ever had a provision in its organic law for its own termination. +Continue to execute all the express provisions of our national +Constitution, and the Union will endure forever, it being impossible to +destroy it, except by some action not provided for in the instrument +itself. + +Again, if the United States be not a government proper, but an +association of States in the nature of a contract merely, can it, as a +contract, be peaceably unmade by less than all the parties who made it? +One party to a contract may violate it--break it, so to speak; but does +it not require all to lawfully rescind it? Descending from these general +principles we find the proposition that in legal contemplation the Union +is perpetual, confirmed by the history of the Union itself. + +The Union is much older than the Constitution. It was formed, in fact, +by the Articles of Association in 1774. It was matured and continued in +the Declaration of Independence in 1776. It was further matured, and the +faith of all the then thirteen States expressly plighted and engaged +that it should be perpetual, by the Articles of Confederation, in 1778; +and, finally, in 1787, one of the declared objects for ordaining and +establishing the Constitution was to form a more perfect Union. But if +the destruction of the Union by one or by a part only of the States be +lawfully possible, the Union is less than before, the Constitution +having lost the vital element of perpetuity. + +It follows from these views that no State, upon its own mere motion, can +lawfully get out of the Union; that resolves and ordinances to that +effect, are legally void; and that acts of violence within any State or +States against the authority of the United States, are insurrectionary +or revolutionary, according to circumstances. + +I therefore consider that, in view of the Constitution and the laws, the +Union is unbroken, and, to the extent of my ability, I shall take care, +as the Constitution itself expressly enjoins upon me, that the laws of +the Union shall be faithfully executed in all the States. Doing this, +which I deem to be only a simple duty on my part, I shall perfectly +perform it, so far as is practicable, unless my rightful masters, the +American people, shall withhold the requisition, or in some +authoritative manner direct the contrary. + +I trust this will not be regarded as a menace, but only as the declared +purpose of the Union that it will constitutionally defend and maintain +itself. + +In doing this there need be no bloodshed or violence, and there shall be +none unless it is forced upon the national authority. + +The power confided to me _will be used to hold, occupy, and possess the +property and places belonging to the Government_, and collect the +duties and imposts; but beyond what may be necessary for these objects +there will be no invasion, no using of force against or among the people +anywhere. + +Where hostility to the United States shall be so great and so universal +as to prevent competent resident citizens from holding the Federal +offices, there will be no attempt to force obnoxious strangers among the +people that object. While the strict legal right may exist of the +Government to enforce the exercise of these offices, the attempt to do +so would be so irritating, and so nearly impracticable withal, that I +deem it better to forego for the time the uses of such offices. + +The mails, unless repelled, will continue to be furnished in all parts +of the Union. + +So far as possible, the people everywhere shall have that sense of +perfect security which is most favorable to calm thought and reflection. + +The course here indicated will be followed, unless current events and +experience shall show a modification or change to be proper; and in +every case and exigency my best discretion will be exercised according +to the circumstances actually existing, and with a view and hope of a +peaceful solution of the national troubles, and the restoration of +fraternal sympathies and affections. + +That there are persons, in one section or another, who seek to destroy +the Union at all events, and are glad of any pretext to do it, I will +neither affirm nor deny. But if there be such, I need address no word to +them. + +To those, however, who really love the Union, may I not speak, before +entering upon so grave a matter as the destruction of our national +fabric, with all its benefits, its memories, and its hopes? Would it not +be well to ascertain why we do it? Will you hazard so desperate a step, +while any portion of the ills you fly from, have no real existence? Will +you, while the certain ills you fly to, are greater than all the real +ones you fly from? Will you risk the commission of so fearful a mistake? +All profess to be content in the Union if all constitutional rights can +be maintained. Is it true, then, that any right, plainly written in the +Constitution has been denied? I think not. Happily the human mind is so +constituted, that no party can reach to the audacity of doing this. + +Think, if you can, of a single instance in which a plainly-written +provision of the Constitution has ever been denied. If, by the mere +force of numbers, a majority should deprive a minority of any +clearly-written constitutional right, it might, in a moral point of +view, justify revolution; it certainly would, if such right were a +vital one. But such is not our case. + +All the vital rights of minorities and of individuals are so plainly +assured to them by affirmations and negations, guaranties and +prohibitions in the Constitution, that controversies never arise +concerning them. But no organic law can ever be framed with a provision +specifically applicable to every question which may occur in practical +administration. No foresight can anticipate, nor any document of +reasonable length contain, express provisions for all possible +questions. Shall fugitives from labor be surrendered by national or by +State authorities? The Constitution does not expressly say. Must +Congress protect slavery in the Territories? The Constitution does not +expressly say. From questions of this class, spring all our +constitutional controversies, and we divide upon them into majorities +and minorities. + +If the minority will not acquiesce, the majority must, or the government +must cease. There is no alternative for continuing the government but +acquiescence on the one side or the other. If a minority in such a case, +will secede rather than acquiesce, they make a precedent which in turn +will ruin and divide them, for a minority of their own will secede from +them whenever a majority refuses to be controlled by such a minority. +For instance, why not any portion of a new confederacy, a year or two +hence, arbitrarily secede again, precisely as portions of the present +Union now claim to secede from it? All who cherish disunion sentiments +are now being educated to the exact temper of doing this. Is there such +perfect identity of interests among the States to compose a new Union as +to produce harmony only, and prevent renewed secession? Plainly, the +central idea of secession is the essence of anarchy. + +A majority held in restraint by constitutional check and limitation, and +always changing easily with deliberate changes of popular opinions and +sentiments, is the only true sovereign of a free people. Whoever rejects +it, does, of necessity, fly to anarchy or to despotism. Unanimity is +impossible; and the rule of a majority, as a permanent arrangement, is +wholly inadmissible. So that, rejecting the majority principle, anarchy +or despotism in some form is all that is left. + +I do not forget the position assumed by some that constitutional +questions are to be decided by the Supreme Court, nor do I deny that +such decisions must be binding in any case upon the parties to a suit, +as to the object of that suit, while they are also entitled to very high +respect and consideration in all parallel cases by all other departments +of the government; and while it is obviously possible that such +decision may be erroneous in any given case, still the evil effect +following it, being limited to that particular case, with the chance +that it may be overruled and never become a precedent for other cases, +can better be borne than could the evils of a different practice. + +At the same time the candid citizen must confess that if the policy of +the government upon the vital questions affecting the whole people is to +be irrevocably fixed by the decisions of the Supreme Court, the instant +they are made, as in ordinary litigation between parties in personal +actions, the people will have ceased to be their own masters, unless +having to that extent practically resigned their government into the +hands of that eminent tribunal. + +Nor is there in this view any assault upon the court or the judges. It +is a duty from which they may not shrink, to decide cases properly +brought before them; and it is no fault of theirs if others seek to turn +their decisions into political purposes. One section of our country +believes slavery is right and ought to be extended, while the other +believes it is wrong and ought not to be extended; and this is the only +substantial dispute; and the fugitive slave clause of the Constitution, +and the law for the suppression of the foreign slave trade, are each as +well enforced, perhaps, as any law can ever be in a community where the +moral sense of the people imperfectly supports the law itself. The great +body of the people abide by the dry legal obligation in both cases, and +a few break over in each. This, I think, cannot be perfectly cured, and +it would be worse in both cases after the separation of the sections +than before. The foreign slave trade, now imperfectly suppressed, would +be ultimately revived, without restriction, in one section; while +fugitive slaves, now only partially surrendered, would not be +surrendered at all by the other. + +Physically speaking we cannot separate--we cannot remove our respective +sections from each other, nor build an impassable wall between them. A +husband and wife may be divorced, and go out of the presence and beyond +the reach of each other, but the different sections of our country +cannot do this. They cannot but remain face to face; and intercourse, +either amicable or hostile, must continue between them. Is it possible, +then, to make that intercourse more advantageous or more satisfactory +after separation than before? Can aliens make treaties easier than +friends can make laws? Can treaties be more faithfully enforced between +aliens than laws can among friends? Suppose you go to war, you cannot +fight always; and when, after much loss on both sides and no gain on +either, you cease fighting, the identical questions as to terms of +intercourse are again upon you. + +This country, with its institutions, belongs to the people who inhabit +it. Whenever they shall grow weary of the existing government, they can +exercise their constitutional right of amending, or their revolutionary +right to dismember or overthrow it. I cannot be ignorant of the fact +that many worthy and patriotic citizens are desirous of having the +national Constitution amended. While I make no recommendation of +amendment, I fully recognize the full authority of the people over the +whole subject, to be exercised in either of the modes prescribed in the +instrument itself, and I should, under existing circumstances, favor, +rather than oppose, a fair opportunity being afforded the people to act +upon it. + +I will venture to add, that to me the convention mode seems preferable, +in that it allows amendments to originate with the people themselves, +instead of only permitting them to take or reject propositions +originated by others not especially chosen for the purpose, and which +might not be precisely such as they would wish either to accept or +refuse. I understand that a proposed amendment to the Constitution +(which amendment, however, I have not seen) has passed Congress, to the +effect that the Federal Government shall never interfere with the +domestic institutions of States, including that of persons held to +service. To avoid misconstruction of what I have said, I depart from my +purpose not to speak of particular amendments, so far as to say that, +holding such a provision to now be implied constitutional law, I have no +objection to its being made express and irrevocable. + +The chief magistrate derives all his authority from the people, and they +have conferred none upon him to fix the terms for the separation of the +States. The people themselves, also, can do this if they choose, but the +Executive, as such, has nothing to do with it. His duty is to administer +the present government as it came to his hands, and to transmit it +unimpaired by him to his successor. Why should there not be a patient +confidence in the ultimate justice of the people? Is there any better or +equal hope in the world? In our present differences is either party +without faith of being in the right? If the Almighty Ruler of nations, +with his eternal truth and justice, be on your side of the North, or on +yours of the South, that truth and that justice will surely prevail by +the judgment of this great tribunal, the American people. By the frame +of the Government under which we live, this same people have wisely +given their public servants but little power for mischief, and have with +equal wisdom provided for the return of that little to their own hands +at very short intervals. While the people retain their virtue and +vigilance, no administration, by any extreme wickedness or folly, can +very seriously injure the Government in the short space of four years. + +My countrymen, one and all, think calmly and well upon this whole +subject. Nothing valuable can be lost by taking time. + +If there be an object to hurry any of you, in hot haste, to a step which +you would never take deliberately, that object will be frustrated by +taking time; but no good object can be frustrated by it. + +Such of you as are now dissatisfied still have the old Constitution +unimpaired, and on the sensitive point, the laws of your own framing +under it; while the new administration will have no immediate power, if +it would, to change either. + +If it were admitted that you who are dissatisfied hold the right side in +the dispute, there is still no single reason for precipitate action. +Intelligence, patriotism, Christianity, and a firm reliance on Him who +has never yet forsaken this favored land, are still competent to adjust, +in the best way, all our present difficulties. + +In your hands, my dissatisfied fellow-countrymen, and not in mine, is +the momentous issue of civil war. The government will not assail you. + +You can have no conflict without being yourselves the aggressors. You +have no oath registered in Heaven to destroy the government; while I +shall have the most solemn one to "preserve, protect, and defend it." + +I am loath to close. We are not enemies, but friends. We must not be +enemies. Though passion may have strained, it must not break our bonds +of affection. + +The mystic cords of memory, stretching from every battle-field and +patriot grave to every living heart and hearthstone all over this broad +land, will yet swell the chorus of the Union, when again touched, as +surely they will be, by the better angels of our nature. + + + + +THE BALANCE SHEET OF THE GOVERNMENT, + +BEFORE AND SINCE THE WAR, 1859 AND 1865. + + +The receipts into the Treasury during the fiscal year ending +June 30, 1859, were as follows: + +From Customs $49,565,824 38 +From Public Lands 1,756,687 30 +From Miscellaneous Sources 2,082,559 33 +From Treasury Notes 9,667,400 00 +From Loans 18,620,000 00 +Aggregate resources for the year ending +June 30, 1859 $88,090,787 11 + +Which amount was expended as follows: + +Civil, Foreign and Miscellan's $23,635,820 94 +Interior (Indians and Pensions), 4,753,972 60 +War Department 23,243,822 38 +Navy Department 14,712,610 21 +Public Debt 17,405,285 44 + +Total expenses for the year $83,751,511 57 +Balance in Treasury July 1, 1859 4,339,275 54 + +The receipts into the Treasury during the fiscal year +ending June 30, 1865, was $1,898,532,533 24, of which were +received: + +From loans applied to expenses $864,863,499 17 +From loans applied to Public Debt 607,361,241 68 +From Internal Revenue 209,464,215 25 + +Expenditures for the year $1,897,674,224 09 +War Department charged with 1,031,323,360 79 +Balance in Treasury July 1, 1865 858,309 15 +Total increase of Public Debt during the +year 941,902,537 04 + + + + +PRESIDENT LINCOLN'S SECOND AND LAST INAUGURAL ADDRESS. + +MARCH 4, 1865. + +FELLOW-COUNTRYMEN: At this second appearing to take the oath of the +Presidential office, there is less occasion for an extended address than +there was at the first. Then a statement, somewhat in detail, of a +course to be pursued seemed very fitting and proper. Now, at the +expiration of four years, during which public declarations have been +constantly called forth on every point and phase of the great contest +which still absorbs the attention and engrosses the energies of the +nation, little that is new could be presented. + +The progress of our arms, upon which all else chiefly depends, is as +well known to the public as to myself, and it is, I trust reasonably +satisfactory and encouraging to all. With high hope for the future, no +prediction in regard to it is ventured. + +On the occasion corresponding to this four years ago, all thoughts were +anxiously directed to an impending civil war. All dreaded it; all sought +to avoid it. While the inaugural address was being delivered from this +place, devoted altogether to saving the Union without war, insurgent +agents were in the city seeking to destroy it without war--seeking to +dissolve the Union and divide the effects by negotiation. Both parties +deprecated war, but one of them would make war rather than let the +nation survive; and the other would rather accept war than let it +perish, and the war came. + +One-eighth of the whole population were colored slaves, not distributed +generally over the Union, but localized in the Southern part of it. +These slaves constituted a peculiar and powerful interest. All knew that +this interest was somehow the cause of the war. To strengthen, +perpetuate, and extend this interest, was the object for which the +insurgents would rend the Union even by war, while the Government +claimed no right to do more than to restrict the territorial enlargement +of it. + +Neither party expected for the war the magnitude or the duration which +it has already attained. Neither anticipated that the cause of the +conflict might cease with, or even before the conflict itself should +cease. Each looked for an easier triumph, and a result less fundamental +and astounding. + +Both read the same Bible, and pray to the same God; and each invoke his +aid against the other. It may seem strange that any men should dare to +ask a just God's assistance in wringing their bread from the sweat of +other men's faces; but let us judge not, that we be not judged. The +prayers of both could not be answered. That of neither has been answered +fully. The Almighty has his own purposes. "Woe unto the world because of +offences, for it must needs be that offences come; but woe to that man +by whom the offence cometh." If we shall suppose that American slavery +is one of these offences, which, in the providence of God, must needs +come, but which, having continued through his appointed time, he now +wills to remove, and that he gives to both North and South this terrible +war as the woe due to those by whom the offence came, shall we discern +therein any departure from those divine attributes which the believers +in a living God always ascribe to him? Fondly do we hope, fervently do +we pray, that this mighty scourge of war may soon pass away. Yet, if God +wills that it continue until all the wealth piled by the bondman's two +hundred and fifty years of unrequited toil shall be sunk, and until +every drop of blood drawn with the lash, shall be paid with another +drawn by the sword; as was said three thousand years ago, so still it +must be said, "The judgments of the Lord are true and righteous +altogether." + +With malice toward none, with charity to all, with firmness in the +right, as God gives us to see the right, let us strive on to finish the +work we are in; to bind up the nation's wounds; to care for him who +shall have borne the battle, and for his widow and his orphans; to do +all which may achieve and cherish a just and a lasting peace among +ourselves and with all nations. + + + + +PRESIDENT LINCOLN'S PROCLAMATION OF AMNESTY. + +ACCOMPANYING THE PRESIDENT'S MESSAGE, DECEMBER 8, 1863. + + +WHEREAS, in and by the Constitution of the United States, it is provided +that the President "shall have power to grant reprieves and pardons for +offences against the United States, except in cases of impeachment;" and +whereas a rebellion now exists whereby the loyal State governments of +several States have for a long time been subverted, and many persons +have committed and are now guilty of treason against the United States; +and whereas, with reference to said rebellion and treason, laws have +been enacted by Congress declaring forfeitures and confiscation of +property and liberation of slaves, all upon terms and conditions therein +stated; and also declaring that the President was thereby authorized at +any time thereafter, by proclamation, to extend to persons who may have +participated in the existing rebellion, in any State or part thereof, +pardon and amnesty, with such exceptions and at such times and on such +conditions as he may deem expedient for the public welfare; and whereas +the congressional declaration for limited and conditional pardon accords +with well established judicial exposition of the pardoning power; and +whereas, with reference to said rebellion, the President of the United +States has issued several proclamations with provisions in regard to the +liberation of slaves; and whereas it is now desired by some persons +heretofore engaged in said rebellion to resume their allegiance to the +United States, and to reinaugurate loyal State governments within and +for their respective States: Therefore, + +"I, ABRAHAM LINCOLN, President of the United States, do proclaim, +declare, and make known to all persons who have, directly or by +implication, participated in the existing rebellion, except as +hereinafter excepted, that a full pardon is hereby granted to them and +each of them, with restoration of all rights of property, except as to +slaves, and in property cases where rights of third parties shall have +intervened, and upon the condition that every such person shall take and +subscribe an oath, and thenceforward keep and maintain such oath +inviolate; and which oath shall be registered for permanent +preservation, and shall be of the tenor and effect following, to wit: + +"I, --------, do solemnly swear, 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 acts of +Congress passed during the existing rebellion with reference to slaves, +so long and so far as not repealed, modified, or held void by Congress, +or by decision of the Supreme Court; and that I will, in like manner, +abide by and faithfully support all proclamations of the President made +during the existing rebellion having reference to slaves, so long and so +far as not modified or declared void by decision of the Supreme Court. +So help me God." + +The persons excepted from the benefits of the foregoing provisions are, +all who are, or shall have been, civil or diplomatic officers or agents +of the so-called confederate government; all who have left judicial +stations under the United States to aid the rebellion; all who are, or +shall have been, military or naval officers of said so-called +confederate government, above the rank of colonel in the army, or of +lieutenant in the navy; all who left seats in the United States Congress +to aid the rebellion; all who resigned commissions in the Army or Navy +of the United States, and afterwards aided the rebellion; and all who +have engaged in any way in treating colored persons, or white persons in +charge of such, otherwise than lawfully as prisoners of war, and which +persons may have been found in the United States Service as soldiers, +seamen, or in any other capacity. + +And I do further proclaim, declare and make known, that whenever, in any +of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, +Alabama, Georgia, Florida, South Carolina, and North Carolina, a number +of persons, not less than one-tenth in number of the votes cast in such +State at the presidential election of the year of our Lord 1860, each +having taken the oath aforesaid, and not having since violated it, and +being a qualified voter by the election law of the State existing +immediately before the so-called act of secession, and excluding all +others shall re-establish a State government which shall be republican, +and in nowise contravening said oath, such shall be recognized as the +true government of the State, and the State shall receive thereunder the +benefits of the constitutional provision which declares that "the United +States shall guaranty to every State in this Union a republican form of +government, and shall protect each of them against invasion; and, on +application of the Legislature, or the Executive (when the Legislature +cannot be convened), against domestic violence." + +And I do further proclaim, declare, and make known that any provision +which may be adopted by such State government in relation to the freed +people of such State, which shall recognize and declare their permanent +freedom, provide for their education, and which may yet be consistent, +as a temporary arrangement, with their present condition as a laboring, +landless, and homeless class, will not be objected to by the National +Executive. And it is suggested as not improper, that, in constructing a +loyal State government in any State, the name of the State, the +boundary, the subdivisions, the constitution, and the general code of +laws, as before the rebellion, be maintained, subject only to the +modifications made necessary by the conditions hereinbefore stated, and +such others, if any, not contravening said conditions, and which may be +deemed expedient by those framing the new State government. + +To avoid misunderstanding, it may be proper to say that this +proclamation, so far as it relates to State governments, has no +reference to States wherein loyal State governments have all the while +been maintained. And for the same reason, it may be proper to further +say that whether members sent to Congress from any State shall be +admitted to seats, constitutionally rests exclusive with the respective +Houses, and not to any extent with the Executive. And still further, +that this proclamation is intended to present the people of the States +wherein the national authority has been suspended, and loyal State +governments have been subverted, a mode in and by which the national +authority and loyal State governments may be re-established within said +States, or in any of them; and, while the mode presented is the best the +Executive can suggest, with his present impressions, it must not be +understood that no other possible mode would be acceptable. + +Given under my hand, at the City of Washington, the 8th day of December, +A.D. 1863, and of [L.S.] the independence of the United States of +America the eighty-eighth. + +ABRAHAM LINCOLN. + +By the President. +WM. H. SEWARD, _Secretary of State_. + + + + +PRESIDENT JOHNSON'S AMNESTY PROCLAMATION. + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +_Whereas_, The President of the United States, on the 8th day of +December, 1863, did, with the object of suppressing the existing +rebellion, to induce all persons to lay down their arms, 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, engaged in said rebellion; and + +_Whereas_, Many persons who had so engaged in the late rebellion have, +since the issuance of said proclamation, failed or neglected to take the +benefits offered thereby; and + +_Whereas_, Many persons who have been justly deprived of all claim to +amnesty and pardon thereunder, by reason of their participation directly +or by implication in said rebellion, and continued in hostility to the +Government of the United States since the date of said proclamation, +now desire to apply for and obtain amnesty and pardon: + +To the end, therefore, that the authority of the Government of the +United States may be restored, and that peace, and 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 +hereafter excepted, amnesty and pardon, with restoration of all rights +of property, except as to slaves, 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 on the condition, nevertheless, that every such person +shall take and subscribe to the following oath, which shall be +registered, for permanent preservation, and shall be of the tenor and +effect following, to wit: + +I do solemnly swear or affirm in presence of Almighty God, that I will +henceforth support, protect, and faithfully defend the Constitution of +the United States, and will, in like manner, abide by and faithfully +support all laws and proclamations which have been made during the +existing rebellion with reference to the emancipation of slaves. So help +me God. + +The following classes of persons are excepted from the benefits of this +proclamation. + +1. All who are or have been pretended diplomatic officers, or otherwise +domestic or foreign agents of the pretended Confederate States. + +2. All who left judicial stations under the United States to aid in the +rebellion. + +3. All who have been military or naval officers of the pretended +Confederate Government above the rank of colonel in the army, and +lieutenant in the navy. + +4. All who left their seats in the Congress of the United States to aid +in the rebellion. + +5. All who resigned or tendered the resignation of their commissions in +the army and navy of the United States to evade their duty in resisting +the rebellion. + +6. 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. + +7. All persons who have been or are absentees from the United States for +the purpose of aiding the rebellion. + +8. All military or naval officers in the rebel service who were educated +by the Government in the Military Academy at West Point, or at the +United States Naval Academy. + +9. All persons who held the pretended offices of Governors of the +States in insurrection against the United States. + +10. All persons who left their homes within the jurisdiction and +protection of the United States, and passed beyond the Federal military +lines into the so-called Confederate States for the purpose of aiding +the rebellion. + +11. All persons who have 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 on the lakes and rivers that separate +the British provinces from the United States. + +12. All persons who, at a 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 bond of the military or naval +authorities or agents of the United States as prisoners of any kind, +either before or after their conviction. + +13. All persons who have voluntarily participated in said rebellion, the +estimated value of whose taxable property is over twenty thousand +dollars. + +14. All persons who have taken the oath of amnesty, as prescribed in the +President's proclamation of December 8, 1863, or the oath of allegiance +to the United States since the date of said proclamation, and who have +not thenceforward kept the same inviolate; provided, that special +application may be made to the President for pardon by any person +belonging to the excepted classes, and such clemency will be extended as +may be consistent with the facts of the case and the peace and dignity +of the United States. The Secretary of State will establish rules and +regulations for administering and recording the said amnesty oath, so as +to insure its benefits to the people, and guard the government against +fraud. + +In testimony whereof, I have hereunto set my hand, and caused the seal +of the United States to be affixed. + +Done at the City of Washington, this the 29th day of May, 1865, and of +the independence of America the 89th. + +ANDREW JOHNSON. + +By the President, +WM. H. SEWARD, _Secretary of State_. + + + + +A PEACE PROCLAMATION. + + +On the 20th of August, 1866, the President issued a proclamation +announcing the return of peace and restoring the writ of _habeas corpus_ +in all the Southern States. Among the points made in this proclamation +are the following: + +"There now exists no organized armed resistance of the 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 the 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 +jurisdiction of the United States. + +"* * * The people of the several before mentioned States have, in the +manner aforesaid, given satisfactory evidence that they acquiesce in +this sovereign and important revolution of the national unity. + +"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 freedom. + +"The Constitution of the United States provides for constitutional +communities only as States, and not as territories, dependencies, +provinces, or protectorates. + +"* * * 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, North Carolina, +Virginia, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and +Florida is at an end, and henceforth to be so regarded." + + + + +CIVIL RIGHTS BILL. + +AS ADOPTED BY CONGRESS, MARCH, 1866. + + +Sec. 1. That all persons 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 service, except as a punishment for crime, whereof the party +shall have been duly convicted, shall have the same right, in every +State and Territory, to make and enforce contracts, to sue, to be sued, +be parties and give evidence; to inherit, purchase, lease, sell, hold, +and convey personal property, and to full and equal benefit of all laws +and proceedings for the security of person and property as are enjoyed +by white citizens; and shall be subject to the like punishment, pains +and penalties, and to none other; any law, statute, ordinance, +regulation, or custom to the contrary notwithstanding. + +Sec. 2. And 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 punishment, pains, +and penalties, on account of such person having at any time been held in +a condition of slavery, or involuntary servitude, except for the +punishment of crime whereof the party shall have been duly convicted, or +by the 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 a fine not exceeding one +thousand dollars, or imprisonment not exceeding one year, or both, in +the discretion of the court. + +Sec. 3. That the district courts of the United States, within their +respective districts, shall have, exclusively of the courts of the +several States, cognizance of all crimes and offences committed against +the provisions of this act, and also, concurrently with the circuit +courts of the United States, of all causes civil and criminal, affecting +persons who are denied, or can not enforce in the courts of judicial +tribunal of the State or locality where they may be, any of the rights +secured to them by the first section of this act; and if any suit or +prosecution, civil or criminal, has been, or shall be commenced in any +State court against any such person, for any cause whatsoever, civil or +military, or any other person, any arrest or imprisonment, trespasses, +or wrong done or committed by virtue or under color of authority derived +from this act, or the act establishing a bureau for the relief of +freedmen and refugees, and all acts amendatory thereof, or for refusing +to do any act, upon the ground that it would be inconsistent with this +act, such defendant shall have the right to remove such cause for trial +to the proper district or circuit court, in the manner prescribed by the +act relating to _habeas corpus_, and regulating judicial proceedings in +certain cases, approved March 3, 1863, and all acts amendatory thereto. +The jurisdiction in civil and criminal matters hereby conferred on the +district and circuit courts of the United States shall be exercised and +enforced, in conformity with the laws of the United States, so far as +such laws are suitable to carry the same into effect; but in all cases +where such laws are not adapted to the object, or are deficient in the +provisions necessary to furnish suitable remedies and punish offences +against the law, the common law, as modified and changed by the +Constitution and statutes of the State wherein the court having +jurisdiction of the cause, civil or criminal, is held, so far as the +same is not inconsistent with the Constitution, and laws of the United +States, shall be extended, and govern the said courts in the trial and +disposition of such causes, and, if of a criminal nature, in the +infliction of punishment on the party found guilty. + +Sec. 4. That the district attorneys, marshals, and deputy marshals, of the +United States, the commissioners appointed by the circuit and +territorial courts of the United States, with power of arresting, +imprisoning, or bailing offenders against the laws of the United States, +the officers and agents of the Freedmen's Bureau, and every other +officer who may be specially empowered by the President of the United +States, shall be, and they are, hereby specially authorized and +required, at the expense of the United States, to institute proceedings +against all and every person who shall violate the provisions of this +act, and cause him or them to be arrested and imprisoned, or bailed, as +the case may be, for trial before such of the United States or +territorial courts as by this act have cognizance of the offence, and, +with a view to affording reasonable protection to all persons in their +constitutional rights of equality before the law, without distinction of +race or color, or previous condition of slavery or involuntary +servitude, except as a punishment for crime, whereof the party shall +have been duly convicted, and the prompt discharge of the duties of +this act, it shall be the duty of the circuit courts of the United +States and the superior courts of the territories of the United States, +from time to time, to increase the number of Commissioners, so as to +afford a speedy and convenient means for the arrest and examination of +persons charged with a violation of this act. + +Sec. 5. That said Commissioners shall have concurrent jurisdiction with the +judges of the circuit and district courts of the United States, and the +judges of the superior courts of the territories, severally and +collectively, in term time and vacation, upon satisfactory proof being +made, to issue warrants and precepts for arresting and bringing before +them all offenders against the provisions of this act, and, on +examination, to discharge, admit to bail, or commit them for trial, as +the facts may warrant. + +Sec. 6. And such Commissioners are hereby authorized and required to +exercise and discharge all the powers and duties conferred on them by +this Act, and the same duties with regard to offences created by this +act, as they are authorized by law to exercise with regard to other +offences against the laws of the United States. That it shall be the +duty of all marshals and deputy marshals to obey and execute all +warrants and precepts issued under the provisions of this act when to +them directed, and should any marshal or deputy marshal refuse to +receive such warrant or other process, when tendered, or to use all +proper means diligently to execute the same, he shall on conviction +thereof be fined in the sum of one thousand dollars, to the use of the +person upon whom the accused is alleged to have committed the offence; +and the better to enable the said Commissioners to execute their duties +faithfully and efficiently, in conformity with the Constitution of the +United States, and the requirements of this act, they are hereby +authorized and empowered, within their counties respectively, to +appoint, in writing under their hands, one or more suitable persons, +from time to time, to execute all such warrants and other process as may +be issued by them in the lawful performance of their respective duties, +and the person so appointed to execute any warrant or process as +aforesaid shall have authority to summon and call to their aid the +bystanders of a _posse comitatus_ of the proper county, or such portion +of the land or 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, and to insure a faithful observance of the clause of the +Constitution which prohibits slavery, in conformity with the provisions +of this act; and said warrants shall run and be executed by said +officers anywhere in the State or Territory within which they are +issued. + +Sec. 7. That any person who shall knowingly and wrongfully obstruct, hinder +or prevent any officer or other person charged with the execution of any +warrant or process issued under the provisions of this act, or any +person or persons lawfully assisting him or them, from arresting any +person for whose apprehension such warrant or process may have been +issued; or shall rescue, or attempt to rescue, such person from the +custody of the officer, other person or persons, or those lawfully +assisting, as aforesaid, when so arrested, pursuant to the authority +herein given and declared; or shall aid, abet or assist any person so +arrested as aforesaid, directly or indirectly, to escape from the +custody of the officer or other persons legally authorized, as +aforesaid, or shall harbor or conceal any person for whom a warrant or +process shall have been issued as aforesaid, so as to prevent his +discovery and arrest after notice of knowledge of the fact that a +warrant has been issued for the apprehension of such person, shall for +either of said offences be subject to a fine not exceeding one thousand +dollars, and imprisonment not exceeding six months, by indictment before +the district court of the United States for the district in which said +offence may have been committed, or before the proper court of criminal +jurisdiction, if committed within any one of the organized Territories +of the United States. + +Sec. 8. That the district attorneys, the marshals, their deputies, and the +clerks of the said district and territorial courts, shall be paid for +their services the like fees as may be allowed to them for similar +services in other cases; and in all cases where the proceedings are +before a Commissioner he shall be entitled to a fee of ten dollars in +full for his services in each case, inclusive of all services incident +to such arrest and examination. The person or persons authorized to +execute the process to be issued by such Commissioners for the arrest of +offenders against the provisions of this act, shall be entitled to a fee +of five dollars for each person he or they may arrest and take before +any such Commissioner, as aforesaid, with such other fees as may be +deemed reasonable by such Commissioner for such other additional +services as may be necessarily performed by him or them--such as +attending at the examination, keeping the prisoner in custody, and +providing food and lodgings during his detention and until the final +determination of such Commissioner, and in general for performing such +other duties as may be required in the premises, such fees to be made up +in conformity with the fees usually charged by the officers of the court +of justice, within the proper district or county, as near as +practicable, and paid out of the Treasury of the United States, on the +certificate of the district within which the arrest is made, and to be +recoverable from the defendant as part of the judgment in case of +conviction. + +Sec. 9. That whenever the President of the United States shall have reason +to believe that offences have been or are likely to be committed against +the provisions of this act within any judicial district, it shall be +lawful for him, in his discretion, to direct the judge, marshal and +district attorney of such district to attend at such place within the +district and for such time as he may designate, for the purpose of the +more speedy arrest and trial of persons charged with the violation of +this act; and it shall be the duty of every judge or other officer, when +any such requisition shall be received by him, to attend at the place +and for the time therein designated. + +Sec. 10. That it shall be lawful for the President of the United States, or +such persons 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. + +Sec. 11. That upon all questions of law arising in any cause under the +provisions of this act, a final appeal may be taken to the supreme court +of the United States. + + + + +FREEDMEN'S BUREAU BILL, + +AS AMENDED AND APPROVED BY THE XXXIXTH CONGRESS. + + 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. + + +_Be it enacted by the Senate and House of Representatives of the United +States of America in Congress assembled_, That the act to establish a +Bureau for the Relief of Freedmen and Refugees, approved March third, +eighteen hundred and sixty-five, shall continue in force for the term of +two years from and after the passage of this act. + +Sec. 2. _And be it further enacted_, That the supervision and care of said +bureau shall extend to all loyal refugees and freedmen, so far as the +same shall be necessary to enable them as speedily as practicable to +become self-supporting citizens of the United States, and to aid them in +making the freedom conferred by proclamation of the commander-in-chief, +by emancipation under the laws of States, and by constitutional +amendment, available to them and beneficial to the republic. + +Sec. 3. _And be it further enacted_, That the President shall, by and with +the advice and consent of the Senate, appoint two assistant +commissioners in addition to those authorized by the act to which this +is an amendment, who shall give like bonds and receive the same annual +salary provided in said act, and each of the assistant commissioners of +the bureau shall have charge of one district containing such refugees or +freedmen, to be assigned him by the Commissioner, with the approval of +the President. And the Commissioner shall, under the direction of the +President, and so far as the same shall be, in his judgment, necessary +for the efficient and economical administration of the affairs of the +bureau, appoint such agents, clerks, and assistants as maybe required +for the proper conduct of the bureau. Military officers or enlisted men +may be detailed for service and assigned to duty under this act; and the +President may, if in his judgment safe and judicious so to do, detail +from the army all the officers and agents of this bureau; but no officer +so assigned shall have increase of pay or allowances. Each agent or +clerk, not heretofore authorized by law, not being a military officer, +shall have an annual salary of not less than five hundred dollars, nor +more than twelve hundred dollars, according to the service required of +him. And it shall be the duty of the Commissioner, when it can be done +consistently with public interest, to appoint, as assistant +commissioners, agents, and clerks, such men as have proved their loyalty +by faithful service in the armies of the Union during the rebellion. And +all persons appointed to service under this act and the act to which +this is an amendment shall be so far deemed in the military service of +the United States as to be under the military jurisdiction, and entitled +to the military protection of the government while in discharge of the +duties of their office. + +Sec. 4. _And be it further enacted_, That officers of the Veteran Reserve +Corps or of the volunteer service, now on duty in the Freedmen's Bureau +as assistant commissioners, agents, medical officers, or in other +capacities, whose regiments or corps have been or may hereafter be +mustered out of service, may be retained upon such duty as officers of +said bureau, with the same compensation as is now provided by law for +their respective grades; and the Secretary of War shall have power to +fill vacancies until other officers can be detailed in their places +without detriment to the public service. + +Sec. 5. _And be it further enacted_, That the second section of the act to +which this is an amendment shall be deemed to authorize the Secretary of +War to issue such medical stores or other supplies and transportation, +and afford such medical or other aid as may be needful for the purpose +named in said section: _Provided_, That no person shall be deemed +"destitute," "suffering," or "dependent upon the government for +support," within the meaning of this act, who is able to find +employment, and could, by proper industry and exertion, avoid such +destitution, suffering, or dependence. + +Sec. 6. Whereas, by the provisions of an act approved February sixth, +eighteen hundred and sixty-three, entitled "An act to amend an act +entitled 'An act for the collection of direct taxes in insurrectionary +districts within the United States, and for other purposes,' approved +June seventh, eighteen hundred and sixty-two," certain lands in the +parishes of Saint Helena and Saint Luke, South Carolina, were bid in by +the United States at public tax sales, and by the limitation of said act +the time of redemption of said lands has expired; and whereas, in +accordance with instructions issued by President Lincoln on the +sixteenth day of September, eighteen hundred and sixty-three, to the +United States direct tax commissioners for South Carolina, certain lands +bid in by the United States in the parish of Saint Helena, in said +State, were in part sold by the said tax commissioners to "heads of +families of the African race," in parcels of not more than twenty acres +to each purchaser; and whereas, under the said instructions, the said +tax commissioners did also set apart as "school farms" certain parcels +of land in said parish, numbered on their plats from one to +thirty-three, inclusive, making an aggregate of six thousand acres, more +or less: _Therefore, be it further enacted_, That the sales made to +"heads of families of the African race," under the instructions of +President Lincoln to the United States direct tax commissioners for +South Carolina, of date of September sixteenth, eighteen hundred and +sixty-three, are hereby confirmed and established; and all leases which +have been made to such "heads of families," by said direct tax +commissioners, shall be changed into certificates of sale in all cases +wherein the lease provides for such substitution; and all the lands now +remaining unsold, which come within the same designation, being eight +thousand acres, more or less, shall be disposed of according to said +instructions. + +Sec. 7. _And be it further enacted_, That all other lands bid in by the +United States at tax sales, being thirty-eight thousand acres, more or +less, and now in the hands of the said tax commissioners as the +property of the United States, in the parishes of Saint Helena and +Saint Luke, excepting the "school farms," as specified in the preceding +section, and so much as may be necessary for military and naval purposes +at Hilton Head, Bay Point, and Land's End, and excepting also the city +of Port Royal, on Saint Helena island, and the town of Beaufort, shall +be disposed of in parcels of twenty acres, at one dollar and fifty cents +per acre, to such persons, and to such only, as have acquired and are +now occupying lands under and agreeably to the provisions of General +Sherman's special field order, dated at Savannah, Georgia, January +sixteenth, eighteen hundred and sixty-five, and the remaining lands, if +any, shall be disposed of in like manner to such persons as had acquired +lands agreeably to the said order of General Sherman, but who have been +dispossessed by the restoration of the same to former owners: +_Provided_, That the lands sold in compliance with the provisions of +this and the preceding section shall not be alienated by their +purchasers within six years from and after the passage of this act. + +Sec. 8. _And be it farther enacted_, That the "school farms" in the parish +of Saint Helena, South Carolina, shall be sold, subject to any leases of +the same, by the said tax commissioners, at public auction, on or before +the first day of January, eighteen hundred and sixty-seven, at not less +than ten dollars per acre; and the lots in the city of Port Royal, as +laid down by the said tax commissioners, and the lots and houses in the +town of Beaufort, which are still held in like manner, shall be sold at +public auction; and the proceeds of said sales, after paying expenses of +the surveys and sales, shall be invested in United States bonds, the +interest of which shall be appropriated, under the direction of the +Commissioner, to the support of schools, without distinction of color or +race, on the islands in the parishes of Saint Helena and Saint Luke. + +Sec. 9. _And be it further enacted_, That the assistant commissioners for +South Carolina and Georgia are hereby authorized to examine all claims +to lands in their respective States which are claimed under the +provisions of General Sherman's special field order, and to give each +person having a valid claim a warrant upon the direct tax commissioners +for South Carolina for twenty acres of land, and the said direct tax +commissioners shall issue to every person, or to his or her heirs, but +in no case to any assigns, presenting such warrant, a lease of twenty +acres of land, as provided for in section 7, for the term of six years; +but at any time thereafter, upon the payment of a sum not exceeding one +dollar and fifty cents per acre, the person holding such lease shall be +entitled to a certificate of sale of said tract of twenty acres from +the direct tax commissioner or such officer as may be authorized to +issue the same; but no warrant shall be held valid longer than two years +after the issue of the same. + +Sec. 10. _And be it further enacted_, That the direct tax commissioners for +South Carolina are hereby authorized and required at the earliest day +practicable to survey the lands designated in section 7 into lots of +twenty acres each, with proper metes and bounds distinctly marked, so +that the several tracts shall be convenient in form, and as near as +practicable have an average of fertility and woodland; and the expense +of such surveys shall be paid from the proceeds of the sales of said +lands, or, if sooner required, out of any moneys received for other +lands on these islands, sold by the United States for taxes, and now in +the hands of the direct tax commissioners. + +Sec. 11. _And be it further enacted_, That restoration of lands occupied by +freedmen under General Sherman's field order, dated at Savannah, +Georgia, January sixteenth, eighteen hundred and sixty-five, shall not +be made until after the crops of the present year shall have been +gathered by the occupants of said lands, nor until a fair compensation +shall have been made to them by the former owners of such lands or their +legal representatives for all improvements or betterments erected or +constructed thereon, and after due notice of the same being done shall +have been given by the assistant commissioner. + +Sec. 12. _And be it further enacted_, That the Commissioner shall have +power to seize, hold, use, lease, or sell all buildings and tenements, +and any lands appertaining to the same, or otherwise, formerly held +under color of title by the late so-called Confederate States, and not +heretofore disposed of by the United States, and any buildings or lands +held in trust for the same by any person or persons, and to use the same +or appropriate the proceeds derived therefrom to the education of the +freed people; and whenever the bureau shall cease to exist, such of said +so-called Confederate States as shall have made provision for the +education of their citizens without distinction of color shall receive +the sum remaining unexpended of such sales or rentals, which shall be +distributed among said States for educational purposes in proportion to +their population. + +Sec. 13. _And be it further enacted_, That the Commissioner of this bureau +shall at all times co-operate with private benevolent associations of +citizens in aid of freedmen, and with agents and teachers, duly +accredited and appointed by them, and shall hire or provide by lease +buildings for purposes of education whenever such associations shall, +without cost to the government, provide suitable teachers and means of +instructions; and he shall furnish such protection as may be required +for the safe conduct of such schools. + +Sec. 14. _And be it further enacted_, That in every State or district where +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and in every +State or district whose constitutional relations to the government have +been practically discontinued by the rebellion, and until such State +shall have been restored in such relations, and shall be duly +represented in the Congress of the United States, the right 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 concerning +personal liberty, personal security, and the acquisition, enjoyment, and +disposition of estate, real and personal, including the constitutional +right to bear arms, shall be secured to and enjoyed by all the citizens +of such State or district without respect to race or color, or previous +condition of slavery. And whenever in either of said States or districts +the ordinary course of judicial proceedings has been interrupted by the +rebellion, and until the same shall be fully restored, and until such +State shall have been restored in its constitutional relations to the +government, and shall be duly represented in the Congress of the United +States, the President shall, through the Commissioner and the officers +of the bureau, and under such rules and regulations as the President, +through the Secretary of War, shall prescribe, extend military +protection and have military jurisdiction over all cases and questions +concerning the free enjoyment of such immunities and rights, and no +penalty or punishment for any violation of law shall be imposed or +permitted because of race or color, or previous condition of slavery, +other or greater than the penalty or punishment to which white persons +may be liable by law for the like offence. But the jurisdiction +conferred by this section upon the officers of the bureau shall not +exist in any State where the ordinary course of judicial proceedings has +not been interrupted by the rebellion, and shall cease in every State +when the courts of the State and of the United States are not disturbed +in the peaceable course of justice, and after such State shall be fully +restored in its constitutional relations to the government, and shall be +duly represented in the Congress of the United States. + +Sec. 15. _And be it further enacted_, That all officers, agents, and +employes of this bureau, before entering upon the duties of their +office, shall take the oath prescribed in the first section of the act +to which this is an amendment; and all acts or parts of acts +inconsistent with the provisions of this act are hereby repealed. + +SCHUYLER COLFAX, + +_Speaker of the House of Representatives_. + +LAFAYETTE S. FOSTER, + +_President of Senate pro tempore_. + + +IN THE HOUSE OF REPRESENTATIVES UNITED STATES, + +_July_ 16, 1866. + +The President of the United States having returned to the House of +Representatives, in which it originated, the bill 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," with his +objections thereto, the House of Representatives proceeded, in pursuance +of the Constitution to reconsider the same; and + +_Resolved_, That the said bill pass, two-thirds of the House of +Representatives agreeing to pass the same. + +Attest: EDWARD MCPHERSON, + +_Clerk House of Representatives of the United States._ + +IN SENATE OF THE UNITED STATES, + +_July 16, 1866._ + +The Senate having proceeded, in pursuance of the Constitution, to +reconsider the bill 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," returned to the House of Representatives by the +President of the United States, with his objections, and sent by the +House of Representatives to the Senate with the message of the President +returning the bill-- + +_Resolved_, That the bill do pass, two-thirds of the Senate agreeing to +pass the same. + +Attest: J.W. FORNEY, + +_Secretary of the Senate of the United States._ + + + + +PROVOST MARSHAL-GENERAL'S REPORT. + + SHOWING THE NUMBER OF MEN ENLISTED, NUMBER OF KILLED, WOUNDED, AND + DEATHS FROM DISEASE, DURING THE REBELLION. + + +WASHINGTON, D.C., Friday, April 27, 1866. + +The following is a condensed summary of the results of the operations of +this bureau, from its organization to the close of the war. + +1. By means of a full and exact enrollment of all persons liable to +conscription, under the law of March 3 and its amendments, a complete +exhibit of the military resources of the loyal States, in men, was made, +showing an aggregate number of 2,254,063, not including 1,000,516 +soldiers actually under arms, when hostilities ceased. + +2. One million one hundred and twenty thousand six hundred and +twenty-one men were raised, at an average cost (on account of +recruitment exclusive of bounties,) of $9.84 per man, while the cost of +recruiting of 1,356,593 raised prior to the organization of the Bureau +was $34.01 per man. A saving of over seventy cents on the dollar in the +cost of raising troops was thus effected under this Bureau, +notwithstanding the increase in the price of subsistence, +transportation, rents, &c., during the last two years of the war. (Item: +The number above given does not embrace the naval credits allowed under +the eighth section of the act of July 4, 1864, nor credits for drafted +men who paid commutation, the recruits for the regular army, nor the +credits allowed by the Adjutant-General subsequent to May 25, 1865, for +men raised prior to that date.) + +3. Seventy-six thousand five hundred and twenty-six deserters were +arrested and returned to the army. The vigilance and energy of the +officers of the Bureau, in this line of the business, put an effectual +check to the wide-spread evil of desertion, which, at one time, impaired +so seriously the numerical strength and efficiency of the army. + +4. The quotas of men furnished by the various parts of the country were +equalized, and a proportionate share of military service secured from +each, thus removing the very serious inequality of recruitment, which +had arisen during the first two years of the war, and which, when the +bureau was organized, had become an almost insuperable obstacle to the +further progress of raising troops. + +5. Records were completed showing minutely the physical condition of +1,014,776 of the men examined, and tables of great scientific and +professional value have been compiled from this data. + +6. The casualties in the entire military force of the nation during the +war of the rebellion, as shown by the official muster-rolls and monthly +returns, have been compiled with, in part, this result: + +KILLED IN ACTION OR DIED OF WOUNDS WHILE IN SERVICE. + +Commissioned officers 5,221 +Enlisted men 90,868 + +DIED FROM DISEASE OR ACCIDENT. + +Commissioned officers 2,321 +Enlisted men 182,329 + -------- + Total loss in service 280,739 + +These figures have been carefully compiled from the complete official +file of muster-rolls and monthly returns, but yet entire accuracy is not +claimed for them, as errors and omissions to some extent doubtless +prevailed in the rolls and returns. Deaths (from wounds or disease +contracted in service) which occurred after the men left the army are +not included in these figures. + +7. The system of recruitment established by the Bureau, under the laws +of Congress, if permanently adopted, (with such improvement as +experience may suggest,) will be capable of maintaining the numerical +strength and improving the character of the army in time of peace, or of +promptly and economically rendering available the National forces to any +required extent in time of war. + + + + +THE UNITED STATES ARMY DURING THE GREAT CIVIL WAR OF 1861-65. + +The following statement shows the number of men furnished by each State: + +---------------------+-----------------+-----------------+--------------- + | Men furnished | Aggregate No. | Aggregate + | under Act of | of men | No. of men + | April 15, 1861, | furnish'd under | furnish'd + STATES. | for 75,000 | all calls. | reduced to + | militia for | | the 3 years' + | for 3 months. | | standard. +---------------------+-----------------+-----------------+--------------- +Maine | 771 | 71,745 | 56,595 +New Hampshire | 779 | 34,605 | 30,827 +Vermont | 782 | 35,246 | 29,052 +Massachusetts | 3,736 | 151,785 | 123,844 +Rhode Island | 3,147 | 23,711 | 17,878 +Connecticut | 2,402 | 57,270 | 50,514 +New York | 13,906 | 464,156 | 381,696 +New Jersey | 3,123 | 79,511 | 55,785 +Pennsylvania | 20,175 | 366,326 | 267,558 +Delaware | 775 | 13,651 | 10,303 +Maryland | ... | 49,731 | 40,692 +West Virginia | 900 | 32,003 | 27,653 +District of Columbia | 4,720 | 16,872 | 11,506 +Ohio | 12,357 | 317,133 | 237,976 +Indiana | 4,686 | 195,147 | 152,283 +Illinois | 4,820 | 258,217 | 212,694 +Michigan | 781 | 90,119 | 80,865 +Wisconsin | 817 | 96,118 | 78,985 +Minnesota | 930 | 25,034 | 19,675 +Iowa | 968 | 75,860 | 68,182 +Missouri | 10,501 | 108,773 | 86,192 +Kentucky | ... | 78,540 | 70,348 +Kansas | 650 | 20,097 | 18,654 +Tennessee | ... | 12,077 | 12,077 +Arkansas | ... | ... | ... +North Carolina | ... | ... | ... +California | ... | 7,451 | 7,451 +Nevada | ... | 216 | 216 +Oregon | ... | 617 | 581 +Washington Ter'ty | ... | 895 | 895 +Nebraska | ... | 1,279 | 380 +Colorado | ... | 1,762 | 1,762 +Dakota | ... | 181 | 181 +New Mexico | 1,510 | 2,395 | 1,011 + | ------ | --------- | --------- +Total | 93,326 | 2,688,523 | 2,154,311 +---------------------+-----------------+-----------------+--------------- + + + + +HISTORY OF THE FLAG. + +BY A DISTINGUISHED HISTORIAN. + + +Men, in the aggregate, demand something besides abstract ideas and +principles. Hence the desire for symbols--something visible to the eye +and that appeals to the senses. Every nation has a flag that represents +the country--every army a common banner, which, to the soldier, stands +for that army. It speaks to him in the din of battle, cheers him in the +long and tedious march, and pleads with him on the disastrous retreat. + +Standards were originally carried on a pole or lance. It matters little +what they may be, for the symbol is the same. + +In ancient times the Hebrew tribes had each its own standard--that of +Ephraim, for instance, was a steer; of Benjamin, a wolf. Among the +Greeks, the Athenians had an owl, and the Thebans a sphynx. The standard +of Romulus was a bundle of hay tied to a pole, afterwards a human hand, +and finally an eagle. Eagles were at first made of wood, then of +silver, with thunderbolts of gold. Under Caesar they were all gold, +without thunderbolts, and were carried on a long pike. The Germans +formerly fastened a streamer to a lance, which the duke carried in front +of the army. Russia and Austria adopted the double headed eagle. The +ancient national flag of England, all know, was the banner of St. +George, a white field with a red cross. This was at first used in the +Colonies, but several changes were afterwards made. + +Of course, when they separated from the mother country, it was necessary +to have a distinct flag of their own, and the Continental Congress +appointed Dr. Franklin, Mr. Lynch, and Mr. Harrison, a committee to take +the subject into consideration. They repaired to the American army, a +little over 9,000 strong, then assembled at Cambridge, and after due +consideration, adopted one composed of seven white and seven red +stripes, with the red and white crosses of St. George and St. Andrew, +conjoined on a blue field in the corner, and named it "The Great Union +Flag." The crosses of St. George and St. Andrew were retained to show +the willingness of the colonies to return to their allegiance to the +British crown, if their rights were secured. This flag was first hoisted +on the first day of January, 1776. In the meantime, the various colonies +had adopted distinctive badges, so that the different bodies of troops, +that flocked to the army, had each its own banner. In Connecticut, each +regiment had its own peculiar standard, on which were represented the +arms of the colony, with the motto, "Qui transtulit sustinet"--(he who +transplanted us will sustain us.) The one that Putnam gave to the breeze +on Prospect Hill on the 18th of July, 1775, was a red flag, with this +motto on one side, and on the other, the words inscribed, "An appeal to +Heaven." That of the floating batteries was a white ground with the same +"Appeal to Heaven" upon it. It is supposed that at Bunker Hill our +troops carried a red flag, with a pine tree on a white field in the +corner. The first flag in South Carolina was blue, with a crescent in +the corner, and received its first baptism under Moultrie. In 1776, Col. +Gadsen presented to Congress a flag to be used by the navy, which +consisted of a rattle-snake on a yellow ground, with thirteen rattles, +and coiled to strike. The motto was, "Don't tread on me." "The Great +Union Flag," as described above, without the crosses, and sometimes with +the rattle-snake and motto, "Don't tread on me," was used as a naval +flag, and called the "Continental Flag." + +As the war progressed, different regiments and corps adopted peculiar +flags, by which they were designated. The troops which Patrick Henry +raised and called the "Culpepper Minute Men," had a banner with a +rattle-snake on it, and the mottoes, "Don't tread on me," and "Liberty +or death," together with their name. Morgan's celebrated riflemen, +called the "Morgan Rifles," not only had a peculiar uniform, but a flag +of their own, on which was inscribed, "XI. Virginia Regiment," and the +words, "Morgan's Rifle Corps." On it was also the date, 1776, surrounded +by a wreath of laurel. Wherever this banner floated, the soldiers knew +that deadly work was being done. + +When the gallant Pulaski was raising a body of cavalry, in Baltimore, +the nuns of Bethlehem sent him a banner of crimson silk, with emblems on +it, wrought by their own hands. That of Washington's Life Guard was made +of white silk, with various devices upon it, and the motto, "Conquer or +die." + +It doubtless always will be customary in this country, during a war, for +different regiments to have flags presented to them with various devices +upon them. It was so during the recent war, but as the stars and stripes +supplant them all, so in our revolutionary struggle, the "Great Union +Flag," which was raised in Cambridge, took the place of all others and +became the flag of the American army. + +But in 1777, Congress, on the 19th day of June, passed the following +resolution: "_Resolved_, That the flag of the thirteen United States be +thirteen stripes, alternate red and white, that the union be thirteen +stars, white, in a blue field, representing a new constellation." A +constellation, however, could not well be represented on a flag, and so +it was changed into a circle of stars, to represent harmony and union. +Red is supposed to represent courage, white, integrity of purpose, and +blue, steadfastness, love, and faith. This flag, however, was not used +till the following autumn, and waved first over the memorable battle +field of Saratoga. + +Thus our flag was born, which to-day is known, respected, and feared +round the entire globe. In 1794 it received a slight modification, +evidently growing out of the intention at that time of Congress to add a +new stripe with every additional State that came into the Union, for it +passed that year the following resolution: "_Resolved_, That from and +after the 1st day of May, Anno Domini 1795, the flag of the United +States be fifteen stripes, alternate red and white. That the union be +fifteen stars, white, in a blue field." In 1818, it was by another +resolution of Congress, changed back into thirteen stripes, with +twenty-one stars, in which it was provided that a new star should be +added to the union on the admission of each new State. That resolution +has never been rescinded, till now thirty-six stars blaze on our +banner. The symbol of our nationality, the record of our glory, it has +become dear to the heart of the people. On the sea and on the land its +history has been one to swell the heart with pride. The most beautiful +flag in the world in its appearance, it is stained by no disgrace, for +it has triumphed in every struggle. Through three wars it bore us on to +victory, and in this last terrible struggle against treason, though +baptized in the blood of its own children, not a star has been effaced, +and it still waves over a united nation. + +Whenever the "Star-Spangled Banner" is sung, the spontaneous outburst of +the vast masses, as the chorus is reached, shows what a hold that flag +has on the popular heart. It not only represents our nationality, but it +is the _people's_ flag. It led them on to freedom--it does something +more than appeal to their pride as a symbol of national greatness--it +appeals to their affections as a friend of their dearest rights. We +cannot better close this short history of our flag than by appending the +following stirring poem of Drake: + + WHEN freedom from her mountain height + Unfurled her standard to the air, + She tore the azure robes of night, + And set the stars of glory there! + She mingled with its gorgeous dyes + The milky baldric of the skies, + And striped its pure celestial white + With streakings of the morning light; + Then, from his mansion in the sun, + She called her eagle-bearer down, + And gave into his mighty hand + The symbol of her chosen land! + + Majestic monarch of the cloud + Who rear'st aloft thy regal form, + To hear the tempest trumping loud + And see the lightning lances driven, + When strive the warriors of the storm, + And rolls the thunder drum of heaven, + Child of the sun! to thee 'tis given + To guard the banner of the free; + To hover in the sulphur smoke, + To ward away the battle stroke; + And bid its blendings shine afar, + Like rainbows on the cloud of war-- + The harbinger of victory! + + Flag of the brave! thy folds shall fly, + The sign of hope and triumph high, + When speaks the signal trumpet tone, + And the long line comes gleaming on, + (Ere yet the life-blood, warm and wet, + Hath dimmed the glittering bayonet,) + Each soldier's eye shall brightly turn + To where thy sky-born glories burn, + + And, as his springing steps advance, + Catch war and vengeance from the glance; + And when the cannon's mouthings loud + Heave in wild wreaths the battle shroud, + And gory sabres rise and fall, + Like shoots of flame on midnight's pall; + Then shall thy meteor glances glow, + And cowering foes shall shrink beneath + Each gallant arm that strikes below + That lovely messenger of death. + + Flag of the seas! on ocean wave + Thy stars shall glitter o'er the brave, + When death, careering on the gale, + Sweeps darkly round the bellied sail, + And frightened waves rush wildly back, + Before the broadside's reeling rack, + Each dying wanderer of the sea, + Shall look at once to heaven and thee, + And smile to see thy splendor fly, + In triumph o'er his closing eye. + + Flag of the free, heart's hope and home! + By angel hands to valor given; + Thy stars have lit the welkin dome, + And all thy hues were born in heaven! + Forever float that standard sheet! + Where breathes the foe but falls before us? + With Freedom's soil beneath our feet, + And Freedom's banner streaming o'er us? + + + + + +End of Project Gutenberg's Key-Notes of American Liberty, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK KEY-NOTES OF AMERICAN LIBERTY *** + +***** This file should be named 28831.txt or 28831.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/8/8/3/28831/ + +Produced by Curtis Weyant, Greg Bergquist and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from scans of public domain works at the +University of Michigan's Making of America collection.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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